[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7256-S7286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LOTT (for Mr. McCain (for himself and Mr. Bryan)):
  S. 2238. A bill to reform unfair and anticompetitive practices in the 
professional boxing industry; to the Committee on Commerce, Science, 
and Transportation.


                     muhammad ali boxing reform act

 Mr. McCAIN. Mr. President, I am pleased today to introduce a 
new bipartisan proposal to improve several aspects of the professional 
boxing industry in the U.S. I am joined by Senator Bryan of Nevada in 
offering this legislation. He has been a great partner in my efforts to 
improve the safety and integrity of this major industry in the public 
interest.
  This bill is intended to protect boxers from some of the most 
egregious and onerous business practices which they have been subjected 
to across the U.S. over the last several decades. It will also help 
State officials provide more effective public oversight of boxing 
events held in their jurisdiction, so that they can better prevent 
business practice abuses and unethical conduct. Furthermore, this 
legislation will improve integrity and open competition in professional 
boxing, by curbing its most restrictive and anti-competitive business 
practices. This is a limited and modest proposal in many respects, but 
it is the product of months of consultation with experienced State 
athletic officials and the most respected and knowledgeable members of 
the boxing industry.
  Let me say a few words about the title of this legislation. I thought 
it would be a fitting tribute to name an important new reform measure 
on professional boxing after Muhammad Ali. Mr. Ali had perhaps the most 
impressive and exciting career in the history of professional boxing, 
and his many championships and achievements are legendary in the sport. 
Of course, Muhammad Ali's character, integrity, and personal charm 
appealed to tens of millions of Americans who did not even consider 
themselves to be boxing fans. His entire life has been a story of 
tremendous determination, accomplishment, and perseverance against 
daunting odds. I feel it most appropriate for the Congress pass a 
measure to protect the interests of boxers, encourage fair competition, 
and vastly improve the overall integrity of the boxing industry, that 
is named in his honor. I want to thank Mr. Ali for his graciousness in 
letting this legislation be so named.
  I have been deeply involved in exploring ways to improve the 
professional boxing industry for most of this decade. It is a complex 
task. Many of the steps that need to be taken to permanently end the 
disreputable and abusive business practices which have long marred the 
sport must be taken either by members of the industry, or by State 
officials. I firmly believe that State boxing commissioners and 
industry leaders must be the primary agents of reform in this sport. It 
is they who I have continually turned to for advice and recommendations 
on how the federal government might be of help, albeit in a limited and 
supportive role.
  This proposal seeks to remedy many of the anti-competitive, 
oppressive, and unethical business practices which have cheated 
professional boxers and denied the public the benefits of a truly 
honest and legitimate sport. This reform measure is designed to 
prohibit the harmful and arbitrary business practices which have 
clearly hurt the welfare of professional boxers, without imposing 
unnecessary restrictions or federal intrusions into the sport. I want 
to emphasize that this proposal requires no State or federal funding; 
creates no federal bureaucracy; imposes no mandates on State 
commissions; and requires no new regulatory actions by State boxing 
commissioners. It is a modest and practical measure that will establish 
several ``fair contracting'' standards to protect professional boxers, 
and enhance important financial disclosures that are made to State 
commissions by business entities in the industry.

  This bill also would establish certain federal standards with which 
boxing's ``sanctioning organizations'' must comply. These entities are 
notorious in the

[[Page S7257]]

sport for engaging in arbitrary and manipulative activity with respect 
to their ratings of professional boxers. Though often foreign-based, 
these entities operate on an interstate basis in the U.S. with 
virtually no oversight at the State or federal level. For several 
decades they have been repeatedly and credibly criticized by boxers and 
sportswriters for business practices that are highly questionable. 
Their inconsistent and subjective methods of rating boxers, often in 
apparent collusion with powerful promoters in the sport, clearly has 
had negative consequences for boxers. A boxer's career can be 
effectively stalled or crippled by these entities' arbitrary decisions. 
This legislation would establish a series of prudent business conduct 
standards and financial disclosure requirements on sanctioning 
organizations to ensure they are subject to legitimate public oversight 
by State officials.
  I want to note the vital need for these reforms at the federal level, 
Mr. President. Boxing in the U.S. is regulated by individual State 
boxing commissions, many of which are severely underfunded and 
understaffed. Many do not have more than a single employee. Though many 
State commissions have extremely knowledgeable and dedicated members, 
they do not have the capacity to prevent the indefensible interstate 
business abuses which this legislation address. Indeed, when a small 
group of states boxing commissions tries to crack down on the promoters 
and others who are engaged in fraudulent or unethical activity, State 
officials face the prospect of losing all their professional boxing 
events to another jurisdiction. Promoters and sanctioning bodies can 
avoid State reforms by seeking out new forums where public interest 
protections are fewer and weaker. That is not good for the boxers who 
bear all the risks of this punishing profession, and it not good for 
the ticket-buying fans, either.
  Decades of scandals, controversy, and corruption have shown 
professional boxing to be an industry where public oversight is 
absolutely critical, Mr. President. Therefore, this limited series of 
national fair business standards and public disclosure requirements 
will be of tremendous service to the State officials and general public 
concerned about this industry. This bill will in no way interfere with 
any legitimate, good faith business practices in the sport.
  Senator Bryan and the many industry members that I have worked with 
over the past five months to develop this bill have come up with a 
solid, practical, and no-cost way to protect the interests of the 
athletes and the public in the boxing industry. The sole objectives of 
this bill are to ensure that boxers are not cheated of their fair 
earnings in the sport; that State officials are given better 
information with which to supervise major boxing events, and take 
corrective actions when necessary; and to encourage integrity and 
honest business practices by the business interests which dominate 
professional boxing. I have attached a one page summary of this 
proposal, and ask unanimous consent to print the bill and summary in 
the Record. I look forward to comments on this proposal by members of 
the industry and State commissioners across the U.S., and ask my 
colleagues for their support.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 2238

       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 ``Muhammad Ali Boxing Reform 
     Act''.

     SEC 2. FINDINGS.

       The Congress makes the following findings:
       (1) Professional boxing differs from other major, 
     interstate professional sports industries in the United 
     States in that it operates without any private sector 
     association, league, or centralized industry organization to 
     establish uniform and appropriate business practices and 
     ethical standards. This has led to repeated occurrences of 
     disreputable and coercive business practices in the boxing 
     industry, to the detriment of professional boxers nationwide.
       (2) Professional boxers are vulnerable to exploitative 
     business practices engaged in by certain promoters and 
     sanctioning bodies which dominate the sport. Boxers do not 
     have an established representative group to advocate for 
     their interests and rights in the industry.
       (3) State officials are the proper regulators of 
     professional boxing events, and must protect the welfare of 
     professional boxers and serve the public interest by closely 
     supervising boxing activity in their jurisdiction. State 
     boxing commissions do not currently receive adequate 
     information to determine whether boxers competing in their 
     jurisdiction are being subjected to contract terms and 
     business practices which may be violative of State 
     regulations, or are onerous and confiscatory.
       (4) Promoters who engage in illegal, coercive, or unethical 
     business practices can take advantage of the lack of 
     equitable business standards in the sport by holding boxing 
     events in states with weaker regulatory oversight.
       (5) The sanctioning organizations which have proliferated 
     in the boxing industry have not established credible and 
     objective criteria to rate professional boxers, and operate 
     with virtually no industry or public oversight. Their ratings 
     are susceptible to manipulation, have deprived boxers of fair 
     opportunities for advancement, and have undermined public 
     confidence in the integrity of the sport.
       (6) Open competition in the professional boxing industry 
     has been significantly interfered with by restrictive and 
     anti-competitive business practices of certain promoters and 
     sanctioning bodies, to the detriment of the athletes and the 
     ticket-buying public. Common practices of promoters and 
     sanctioning organizations represent restraints of interstate 
     trade in the United States.
       (7) It is necessary and appropriate to establish national 
     contracting reforms to protect professional boxers and 
     prevent exploitative business practices, and to require 
     enhanced financial disclosures to State athletic commissions 
     to improve the public oversight of the sport.
       (8) Whereas the Congress seeks to improve the integrity and 
     ensure fair practices of the professional boxing industry on 
     a nationwide basis, it deems it appropriate to name this 
     reform in honor of Muhammad Ali, whose career achievements 
     and personal contributions to the sport, and positive impact 
     on our society, are unsurpassed in the history of boxing.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to protect the rights and welfare of professional 
     boxers by preventing certain exploitative, oppressive, and 
     unethical business practices they may be subject to on an 
     interstate basis;
       (2) to assist State boxing commissions in their efforts to 
     provide more effective public oversight of the sport; and
       (3) to promoting honorable competition in professional 
     boxing and enhance the overall integrity of the industry.

     SEC 4. PROTECTING BOXERS FROM EXPLOITATION.

       The Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 
     et seq.) is amended by--
       (1) redesignating section 15 as 16; and
       (2) inserting after section 14 the following:

     ``SEC. 15. PROTECTION FROM EXPLOITATION.

       ``(a) Contract Requirements.--
       ``(1) In general.--Any contract between a boxer and a 
     promoter or manager shall--
       ``(A) be reasonable;
       ``(B) include mutual obligations between the parties; and
       ``(C) specify a minimum number of professional boxing 
     matches per year for the boxer.
       ``(2) 1-year limit on coercive promotional rights.--The 
     period of time for which promotional rights to promote a 
     boxer may be granted under a contract between the boxer and a 
     promoter, or between promoters with respect to a boxer, may 
     not be greater than 12 months in length if the boxer is 
     required to grant such rights, or a boxer's promoter is 
     required to grant such rights with respect to a boxer, as a 
     condition precedent to the boxer's participation in a 
     professional boxing match. Nothing in this paragraph shall be 
     construed as pre-empting any State statute or common law rule 
     against interference with contract.
       ``(3) Promotional rights under mandatory bout contracts.--
     Neither a promoter nor a sanctioning organization may require 
     a boxer, in a contract arising from a professional boxing 
     match that is a mandatory bout under the rules of the 
     sanctioning organization, to grant promotional rights to any 
     promoter for a future professional boxing match.
       ``(b) Employment As Condition of Promoting, Etc..--No 
     person who is a licensee, manager, matchmaker, or promoter 
     may require a boxer to employ, retain, or provide 
     compensation to any individual or business enterprise 
     (whether operating in corporate form or not) recommended or 
     designated by that person as a condition of--
       ``(1) such person's working with the boxer as a licensee, 
     manager, matchmaker, or promoter;
       ``(2) such person's arranging for the boxer to participate 
     in a professional boxing match; or
       ``(3) such boxer's participation in a professional boxing 
     match.
       ``(c) Enforcement.--
       ``(1) Promotion agreement.--A provision in a contract 
     between a promoter and a boxer, or between promoters with 
     respect to a boxer, that violates subsection (a) is contrary 
     to public policy and unenforceable at law.
       ``(2) Employment agreement.--In any action brought against 
     a boxer to recover money (whether as damages or as money

[[Page S7258]]

     owed) for acting as a licensee, manager, matchmaker, or 
     promoter for the boxer, the court, arbitrator, or 
     administrative body before which the action is brought may 
     deny recovery in whole or in part under the contract as 
     contrary to public policy if the employment, retention, or 
     compensation that is the subject of the action was obtained 
     in violation of subsection (b).''.
       (b) Conflicts of Interest.--Section 9 of such Act (15 
     U.S.C. 6308) is amended by--
       (1) striking ``No member'' and inserting ``(a) Regulatory 
     Personnel.--No member''; and
       (2) adding at the end thereof the following:
       ``(b) Firewall Between Promoters and Managers.--
       ``(1) In general.--It is unlawful for--
       ``(A) a promoter to have a direct or indirect financial 
     interest in the management of a boxer; or
       ``(B) a manager to have a direct or indirect financial 
     interest in the promotion of a boxer.
       ``(2) Exception for Self-promotion and management.--
     Paragraph (1) does not prohibit a boxer from acting as his 
     own promoter or manager.''.

     SEC. 5. SANCTIONING ORGANIZATION INTEGRITY REFORMS.

       (a) In General.--The Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.), as amended by section 4 of this 
     Act, is amended by--
       (1) redesignating section 16, as redesignated by section 4 
     of this Act, as section 17; and
       (2) by inserting after section 15 the following:

     ``SEC. 16. SANCTIONING ORGANIZATIONS.

       ``(a) Objective Criteria.--A sanctioning organization that 
     sanctions professional boxing matches on an interstate basis 
     shall establish objective and consistent written criteria for 
     the ratings of professional boxers.
       ``(b) Appeals Process.--A sanctioning organization shall 
     establish and publish an appeals procedure that affords a 
     boxer rated by that organization a reasonable opportunity to 
     submit information to contest its rating of the boxer. Under 
     the procedure, the sanctioning organization shall, within 14 
     days after receiving a request from a boxer questioning that 
     organization's rating of the boxer--
       ``(1) provide to the boxer a written explanation of the 
     organization's criteria and its rating of the boxer; and
       ``(2) submit a copy of its explanation to the President of 
     the Association of Boxing Commissions of the United States.
       ``(c) Notification of Change in Rating.--If a sanctioning 
     organization changes its rating of a boxer who is included, 
     before the change, in the top 10 boxers rated by that 
     organization, then it shall provide a written explanation of 
     the reasons for its change in that boxer's rating to the 
     boxer within 14 days after changing the boxer's rating.
       ``(d) Public Disclosure.--
       ``(1) FTC filing.--Not later than January 31st of each 
     year, a sanctioning organization shall submit to the Federal 
     Trade Commission--
       ``(A) a complete description of the organization's ratings 
     criteria, policies, and general sanctioning fee schedule;
       ``(B) the bylaws of the organization;
       ``(C) the appeals procedure of the organization; and
       ``(D) a list and business address of the organization's 
     officials who vote on the ratings of boxers.
       ``(2) Format; Updates.--A sanctioning organization shall--
       ``(A) provide the information required under paragraph (1) 
     in writing, and, for any document greater than 2 pages in 
     length, also in electronic form; and
       ``(B) promptly notify the Federal Trade Commission of any 
     material change in the information submitted.
       ``(3) FTC to make information available to public.--The 
     Federal Trade Commission shall make information received 
     under this subsection available to the public. The Commission 
     may assess sanctioning organizations a fee to offset the 
     costs it incurs in processing the information and making it 
     available to the public.
       ``(4) Internet alternative.--In lieu of submitting the 
     information required by paragraph (1) to the Federal Trade 
     Commission, a sanctioning organization may provide the 
     information to the public by maintaining a website on the 
     Internet that--
       ``(A) is readily accessible by the general public using 
     generally available search engines and does not require a 
     password or payment of a fee for full access to all the 
     information;
       ``(B) contains all the information required to be submitted 
     to the Federal Trade Commission by paragraph (1) in a easy to 
     search and use format; and
       ``(C) is updated whenever there is a material change in the 
     information.''.
       (b) Conflict of Interest.--Section 9 of such Act (15 U.S.C. 
     6308), as amended by section 4 of this Act, is amended by 
     adding at the end thereof the following:
       ``(c) Sanctioning Organizations.--
       ``(1) Prohibition on receipts.--Except as provided in 
     paragraph (2), no officer or employee of a sanctioning 
     organization may receive any compensation, gift, or benefit 
     directly or indirectly from a promoter, boxer, or manager.
       ``(2) Exceptions.--Paragraph (1) does not apply to--
       ``(A) the receipt of payment by a promoter, boxer, or 
     manager of a sanctioning organization's published fee for 
     sanctioning a professional boxing match or reasonable 
     expenses in connection therewith if the payment is reported 
     to the responsible boxing commission under section 17; or
       ``(B) the receipt of a gift or benefit of de minimis 
     value.''.
       (c) Sanctioning Organization Defined.--Section 2 of the 
     Professional Boxing Safety Act of 1996 (15 U.S.C. 6301) is 
     amended by adding at the end thereof the following:
       ``(11) Sanctioning organization.--The term `sanctioning 
     organization' means an organization that sanctions 
     professional boxing matches in the United States--
       ``(A) between boxers who are residents of different States; 
     or
       ``(B) that are advertised, otherwise promoted, or broadcast 
     (including closed circuit television) in interstate 
     commerce.''.

     SEC. 6. PUBLIC INTEREST DISCLOSURES TO STATE BOXING 
                   COMMISSIONS.

       (a) In General.--The Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.), as amended by section 5 of this 
     Act, is amended by--
       (1) redesignating section 17, as redesignated by section 5 
     of this Act, as section 18; and
       (2) by inserting after section 16 the following:

     ``SEC. 17. REQUIRED DISCLOSURES TO STATE BOXING COMMISSIONS.

       ``(a) Sanctioning Organizations.--Before sanctioning a 
     professional boxing match in a State, a sanctioning 
     organization shall provide to the boxing commission of, or 
     responsible for sanctioning matches in, that State a written 
     statement of--
       ``(1) all charges, fees, and costs the organization will 
     assess any boxer participating in that match;
       ``(2) all payments, benefits, complimentary benefits, and 
     fees the organization will receive for its affiliation with 
     the event, from the promoter, host of the event, and all 
     other sources; and
       ``(3) such additional information as the commission may 
     require.
       ``(b) Promoters.--Before a professional boxing match 
     organized, promoted, or produced by a promoter is held in a 
     State, the promoter shall provide a statement in writing to 
     the boxing commission of, or responsible for sanctioning 
     matches in, that State--
       ``(1) a copy of any agreement in writing to which the 
     promoter is a party with any boxer participating in the 
     match;
       ``(2) a statement made under penalty of perjury that there 
     are no other agreements, written or oral, between the 
     promoter and the boxer with respect to that match; and
       ``(3) a statement in writing of--
       ``(A) all fees, charges, and expenses that will be assessed 
     by or through the promoter on the boxer pertaining to the 
     event, including any portion of the boxer's purse that the 
     promoter will receive, and training expenses; and
       ``(B) all payments, gift, or benefits the promoter is 
     providing to any sanctioning organization affiliated with the 
     event.
       ``(c) State Boxing Commission to Establish Requirements.--
     The boxing commission of each State, or the responsible 
     boxing commission for a State that has no boxing commission, 
     shall determine how far in advance of a professional boxing 
     match the documents described in subsections (a) and (b) 
     shall be provided to the boxing commission, and may prescribe 
     such additional requirements relative to the required 
     submission as may be necessary.
       ``(d) Information To Be Available to State Attorney 
     General.--A State boxing commission shall make information 
     received under this section available to the chief law 
     enforcement officer of the State in which the match is to be 
     held upon request.
       ``(e) Exception.--The requirements of this section do not 
     apply in connection with a professional boxing match 
     scheduled to last less than 10 rounds.''.

     SEC. 7. ENFORCEMENT.

       Section 10 of the Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6309) is amended by--
       (1) inserting a comma and ``other than section 9(b), 15, 
     16, or 17,'' after ``this Act'' in subsection (b)(1);
       (2) redesignating paragraphs (2) and (3) of subsection (b) 
     as paragraphs (3) and (4), respectively, and inserting after 
     paragraph (1) the following:
       ``(2) Violation of anti-exploitation, sanctioning 
     organization, or disclosure provisions.--Any person who 
     knowing violates any provision of section 9(b), 15, 16, or 17 
     of this Act shall, upon conviction, be imprisoned for not 
     more than 1 year or fined not more than--
       ``(A) $100,000; and
       ``(B) if the violations occur in connection with a 
     professional boxing match the gross revenues for which exceed 
     $2,000,000, such additional amount as the court finds 
     appropriate,
     or both.''; and
       (3) adding at the end thereof the following:
       ``(c) Actions by States.--Whenever the chief law 
     enforcement officer of any State has reason to believe that a 
     person or organization is engaging in practices which violate 
     any requirement of this Act, the State, as parens patriae, 
     may bring a civil action on behalf of its residents in an 
     appropriate district court of the United States--
       ``(1) to enjoin the holding of any professional boxing 
     match which the practice involves;

[[Page S7259]]

       ``(2) to enforce compliance with this Act;
       ``(3) to obtain the fines provided under subsection (b) or 
     appropriate restitution; or
       ``(4) to obtain such other relief as the court may deem 
     appropriate.
       ``(d) Private Right of Action.--Any boxer who suffers 
     economic injury as a result of a violation of any provision 
     of this Act may bring an action in the appropriate Federal or 
     State court and recover the damages suffered, court costs, 
     and reasonable attorneys fees and expenses.''.
                                  ____


                            S. 2238--Summary


                  protecting boxers from exploitation

       (a) Declares that all contracts between boxers and 
     promoters must be based on a mutuality of obligation, be 
     reasonable in length and terms, and contain terms specifying 
     a minimum number of bouts per year for the boxer.
       (b) Limits certain ``option'' contracts between boxers and 
     promoters to one year. (Those where a boxer was required to 
     provide options to a promoter, as a condition of getting a 
     particular fight.)
       (c) Prohibits promoters and sanctioning bodies from 
     requiring ``options'' from a boxer who is considered by a 
     sanctioning body to be the ``mandatory challenger.''
       (d) No promoter can require a boxer to hire an associate, 
     relative, or any other individual, as the boxer's manager, or 
     in any other employment capacity.
       (e) Prohibits conflicts of interest between managers of a 
     boxer, and the promoter. No promoter can have a financial 
     interest in the management of a boxer, or vice versa.


               sanctioning organization integrity reforms

       (a) Sanctioning organizations conducting business in the 
     U.S. on an interstate basis must establish objective and 
     consistent criteria for the ratings of professional boxers.
       (b) On an annual basis, sanctioning organizations must 
     provide the following information to the Federal Trade 
     Commission (or make it publicly available on the 
     ``internet''): (a) their bylaws, ratings criteria, and (b) 
     roster of officials who vote on their ratings decisions.
       (c) When sanctioning organizations change their rating of a 
     U.S. boxer, the organization must inform the boxer in writing 
     of the reason for the change.
       (d) Each sanctioning organization must establish an appeals 
     process for boxers in the U.S. to contest their ranking in 
     writing, and receive a written response from the organization 
     explaining its decision. Copies of their decision shall be 
     provided to the ABC.
       (d) No sanctioning organization can receive payments or 
     compensation from a promoter, boxer, or manager, except for 
     the established sanctioning fee and expenses they receive for 
     sanctioning a bout, and which are reported to the relevant 
     State commission.


        public interest disclosures to state boxing commissions

       (a) Sanctioning organizations must disclose to a state 
     boxing commission, in advance of the event, all charges and 
     fees they will impose on the boxer(s) competing in the event.
       (b) Sanctioning bodies must also disclose all payments, 
     fees, and complimentary services they will receive from 
     promoters, the host of the boxing event, and any other 
     sources affiliated with the event. Services or benefits of 
     minor value are excluded.
       (c) The promoter and matchmakers affiliated with each event 
     shall file a complete and accurate copy of all contracts they 
     have with the boxer pertaining to the event, with the boxing 
     commission prior to the event, and disclose in writing all 
     fees, charges, and costs they will assess on the boxer(s). 
     The promoter shall also disclose all payments and benefits 
     made to sanctioning organization affiliated with the event. 
     Promoters of ``club'' boxing events--those bouts of less than 
     10 rounds--are excluded from these reporting requirements.
       (d) Require that disclosures made under this Act to a State 
     Commission shall be provided upon request to the State 
     Attorney General's Office, upon request.


                              enforcement

       Civil and Criminal penalties similar to new federal boxing 
     law, but fines are higher to deter major promoters from 
     violations. Also, allow enforcement by State Attorney 
     Generals.
                                 ______
                                 

                           By Mr. MURKOWSKI:

  S. 2239. A bill to revise the boundary of Fort Matanzas Mounment and 
for other purposes; to the Committee on Energy and Natural Resources.


              fort matanzas national monument legislation

 Mr. MURKOWSKI. Mr. President, on behalf the Administration, 
today I introduce legislation to revise the boundary of Fort Matanzas 
National Monument, and for other purposes. I ask unanimous consent that 
the Administration's letter of transmittal and a section-by-section 
analysis of the legislation be printed in the Record for the 
information of my colleagues.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                           Department of Interior,


                                      Office of the Secretary,

                                Washington, DC, February 23, 1998.
     Hon. Albert Gore, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft of a bill, ``to 
     revise the boundary of Fort Matanzas National Monument, and 
     for other purposes.'' Also enclosed is a section-by-section 
     analysis of the bill. We recommend that the bill be 
     introduced, referred to the appropriate committee for 
     consideration, and enacted.
       The enclosed bill would revise the boundary of Fort 
     Matanzas National Monument in Florida to clarify long-
     standing boundary and acquisition issues involving a total of 
     approximately 70 acres. The first issue involves two tracts 
     of land, 01-102 and 01-103 which are currently adjacent to 
     the park's boundary. These two tracts were donated to the 
     United States in 1963 and 1965. At the time of the donations, 
     no attempt was made to seek authority to include these tracts 
     within the park's boundary.
       The second issue involves Tract 01-107, which was 
     originally intended to be donated as part of Tract 01-102 on 
     January 1, 1965. However, a regional Solicitor's opinion of 
     September 14, 1984, indicated that an error in the legal 
     description omitted this tract and the United States does not 
     hold title to this parcel.
       The purpose of this bill is to include the three tracts 
     within the boundary of Fort Matanzas National Monument. This 
     would ensure that the National Park Service could legally 
     protect the resources on the tracts and ensure visitor 
     safety.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
     Fish and Wildlife and Parks.
                                  ____


                      Section-by-Section Analysis

       Section 1 of this legislation revises the boundary of Fort 
     Matanzas National Monument in Florida by adding three small 
     tracts of land totaling approximately 70 acres. The boundary 
     adjustments are depicted on the map entitled ``Fort Matanzas 
     National Monument'', numbered 347/80004, and dated February 
     1991.
       Section 2 authorizes the Secretary to acquire the lands by 
     donation, purchase, transfer or exchange.
       Section 3 states that the lands will be administered as 
     part of Fort Matanzas National Monument and will be subject 
     to the laws that are applicable to the monument.
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 2240. A bill to establish the Adams National Historical Park in 
the Commonwealth of Massachusetts, and for other purposes; to the 
Committee on Energy and Natural Resources.


                    admas national park legislation

 Mr. MURKOWSKI. Mr. President, on behalf of the Administration, 
today I introduce legislation to establish the Adams National 
Historical Park in the Commonwealth of Massachusetts and for other 
purposes.
  I ask unanimous consent that the Administration's letter of 
transmittal and a section-by-section analysis of the legislation be 
printed in the Record for the information of my colleagues.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:
                                       Department of the Interior,


                                      Office of the Secretary,

                                Washington, DC. February 23, 1998.
     Hon. Albert Gore, Jr.
     President of the Senate, Washington, DC.
       Dear Mr. President: Enclosed is a draft bill ``To establish 
     the Adams National Historical Park in the Commonwealth of 
     Massachusetts and for other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee, and enacted.
       The legislation would establish the Adams National 
     Historical Park in Quincy, Massachusetts. Currently the 
     proposed Adams National Historical Park is designated as a 
     National Historic Site. It was established by Secretarial 
     Order in 1935 based on the Historic Sites Act. It was 
     expanded in 1952 again by Secretarial Order. In 1972, 1978 
     and 1980, Congress added more acreage to the site and 
     authorized the addition of two separate properties to the 
     historic site. The continued expansion of the historic site 
     with the addition of separate properties all focused on the 
     life and history of John Adams, Abigail Adams, John Quincy 
     Adams, and their descendants, qualifies the existing National 
     Park System unit for designation as a national historical 
     park.
       The legislation would authorize the acquisition of ten 
     additional acres for development of visitor and 
     administrative facilities to protect the historical setting 
     and integrity of the historical park. The legislation directs 
     that the historical park be managed in accord with the laws 
     applicable to units of the National Park System, in 
     particular the National Park Service Organic Act of 1916 and 
     the Historic Sites Act of 1935. The legislation also provides 
     specific cooperative

[[Page S7260]]

     agreement authority to the historical park to work with 
     outside entities and individuals on the preservation, 
     development, interpretation, and use of the site.
       The redesignation of Adams National Historic Site to Adams 
     National Historical Park is the important recognition that 
     the collection of sites in Quincy, Massachusetts, related to 
     the lives of John Adams, 2nd President of the United States, 
     his wife Abigail and their descendants, including their son, 
     John Quincy Adams, 6th President of the United States, 
     properly deserves. The authorities for land acquisition and 
     cooperative agreements are critical for the successful 
     protection, development, interpretation and use of the Adams 
     National Historical Park.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
     Fish and Wildlife and Parks.
                                  ____


      Section-by-Section Analysis--Adams National Historical Park

       Section 1.--Provides a short title for the Act--``Adams 
     National Historical Park Act of 1998.''
       Section 2. (a) Findings.--Provides the references including 
     Secretarial Orders and Public Laws which created the Adams 
     National Historic Site in Quincy, Massachusetts and expanded 
     it from a single site to three separate sites in Quincy plus 
     additional acreage at the original site. No single piece of 
     legislation or Executive Order provides overarching authority 
     or guidance for managing the multiple sites.
       Section 2. (b) Purpose.--States the purpose of the 
     legislation, to establish the ``Adams National Historical 
     Park.''
       Section 3.--Provides definitions.
       Section 4.--Establishes the boundary of the historical park 
     which is made up of the properties currently owned by the 
     National Park Service and managed as part of the Adams 
     National Historic Site or property identified in Executive 
     Orders or Public Laws related to Adams National Historic Site 
     that are to be acquired or conveyed to the National Park 
     Service for inclusion in the historic site but that have not 
     yet been acquired or conveyed. Also provides for the 
     acquisition of up to ten additional acres for the development 
     of administrative and visitor services.
       Section 5.--Provides the authorities under which the 
     historical park is to be administered, including cooperative 
     agreement authority.
       Section 6.--Authorities that funds necessary for the 
     development, operation, and maintenance of the park be 
     provided.
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 2241. A bill to provide for the acquisition of lands formerly 
occupied by the Franklin D. Roosevelt family at Hyde Park, New York, 
and for other purposes; to the Committee on Energy and Natural 
Resources.


         franklin d. roosevelt family historic site legislation

 Mr. MURKOWSKI. Mr. President, on behalf of the Administration, 
today I introduce legislation to provide for the acquisition of lands 
formerly occupied by the Franklin D. Roosevelt family at Hyde Park, New 
York, and for other purposes.
  I ask unanimous consent that the Administration's letter of 
transmittal and a section-by-section analysis of the legislation be 
printed in the Record for the information of my colleagues.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                  U.S. Department of the Interior,


                                      Office of the Secretary,

                                     Washington, DC, May 26, 1998.
     Hon. Albert Gore Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft bill ``To provide 
     for the acquisition of lands formerly occupied by the 
     Franklin D. Roosevelt family at Hyde Park, New York, and for 
     other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee, and enacted.
       The purpose of the legislation is to allow the Secretary of 
     the Interior to acquire lands and interests therein that were 
     owned by Franklin Delano Roosevelt or his family at the time 
     of his death, as depicted on the map referenced in the bill, 
     by means of purchase using appropriated or donated funds, by 
     donation, or exchange. The lands would be added to and 
     managed as part of the Home of Franklin D. Roosevelt National 
     Historic Site or the Eleanor Roosevelt National Historic 
     Site.
       This would expand the current acquisition authority at the 
     Home of Franklin D. Roosevelt National Historic Site. 
     Currently the Secretary's authority to acquire land owned by 
     FDR or his family at the time of his death is by means of 
     donation only. The National Park Service's priority at the 
     site would continue to be land acquisition by donation. With 
     regard to the property where Roosevelt's Top Cottage is 
     situated, the National Park Service would acquire such 
     property by donation only. This bill, upon enactment, would 
     allow the use of appropriated funds for purchase of lands 
     where donation is infeasible.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
                                      Fish and Wildlife and Parks.

    Section-by-Section Analysis--Franklin Delano Roosevelt National 
         Historic Site/Eleanor Roosevelt National Historic Site

       Section 1. Provides the Secretary of the Interior authority 
     to acquire lands and/or interests in lands owned by Franklin 
     Delano Roosevelt or his family at the time of his death. The 
     property may be acquired by purchase using donated or 
     appropriated funds, by donation or otherwise. This revises 
     current authority that only allows acquisition by donation.
       Section 2. States that any land acquired will be 
     administered as part of the Home of Franklin D. Roosevelt 
     National Historic Site or as part of the Eleanor Roosevelt 
     National Historic Site, as appropriate.
       Section 3. Provides authority for funds to be appropriated 
     to carry out the Act.
                                 ______
                                 
      By Mr. DeWINE (for himself, Mr. Grassley, Mr. Kohl, Mr. Abraham, 
        Mr. Sessions, and Mr. Coverdell):
  S. 2242. A bill to amend the Controlled Substances Import and Export 
Act to place limitations on controlled substances brought into the 
United States from Canada and Mexico; to the Committee on the 
Judiciary.


         Controlled Substances Import and Export Act Amendments

  Mr. DeWINE. One of the key priorities for America today is protecting 
our young people from drugs. We need to stay on the lookout for new and 
different ways that we can make even a small difference in this 
important fight. This morning, along with Senators, Grassley, Kohl, 
Abraham, Sessions, and Coverdell, I am introducing a bill that is 
neither monumental in approach nor grandiose in scope--but it will 
break on of the links in the chain of the drug trade.
  There is now a loophole in Federal law that permits large quantities 
of a certain class of drugs known as controlled substances to pour into 
our country at an alarming rate. Included among these are some 
dangerous hallucinogenics and so-called date-rape drugs.
  The reason for this current loophole is that, under present law, an 
individual is permitted to transport a 90-day supply of a controlled 
substance into the United States. By ``controlled substance'' we mean a 
substance that is either banned or regulated by the Drug Enforcement 
Agency. This ``personal use exception,'' as it is called, is well 
intentioned. It was created to allow Americans who become ill or 
injured abroad to carry their necessary medication back to the United 
States. I want to emphasize that this bill would by no means end that 
very legitimate practice. That is not our intention at all. However, 
this legislation would stop the blatant exploitation of that exemption 
which is allowing some drug traffickers to operate freely in the United 
States.
  Let me explain. Specifically, these narcotics are being legally 
purchased in another country without any sort of documentation of 
medical need, then brought across our border, and then illegally sold 
on our streets in this country. By closing this loophole, we will 
empower our law enforcement to stop what amounts to nothing more than 
another form of drug trafficking in the United States.
  The remedy we seek today is both effective and sensible. It would 
limit the amount of these controlled substances that can be carried 
back to the United States by Americans to 50 doses. According to the 
DEA, that is about a 2-week supply, enough time to go get a new 
prescription before running out of that medication.
  I would also like to note some things that this legislation will not 
do, so we can explain it very clearly to Members. It will not change 
the law with respect to noncontrolled prescription drugs, drugs such as 
insulin or Premarin, and it would not affect the ability of people to 
obtain drugs to treat heart disease or cancer or AIDS or other serious 
illnesses, because these medication are not on the Controlled 
Substances List at all. I also indicate to my colleagues

[[Page S7261]]

that there is support for this among the Office of National Drug 
Control Policy, the Drug Enforcement Administration, U.S. Customs--they 
all support this approach. They recognize the problem and would like to 
see it resolved.
  Let me again emphasize, this legislation is not complex. All we are 
really doing is closing a loophole to stop this illegal trafficking of 
controlled substances in the United States. If we are really going to 
make drug interdiction a priority, then it makes a great deal of sense 
to take this relatively small but effective and meaningful step. We 
need to take this step today.
  Before closing, I would like to compliment my friend and colleague 
from the State of Ohio, Congressman Steve Chabot, from Cincinnati, who 
has shown great leadership on this issue, and many issues. It was 
through his active and tireless efforts in raising the profile on this 
issue that I was first made aware of the problem. I look forward to 
work with him and my other colleagues on this very important new 
initiative. It is my hope the Senate will act quickly and decisively to 
approve this very commonsense piece of legislation.
  Mr. President, in conclusion, I ask unanimous consent a recent 
article that appeared in USA Today entitled ``Medications from Mexico'' 
that explains this and illustrates the problem be printed in the 
Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

                        Medications From Mexico

                            (By Tim Friend)

       Millions of tablets of prescription sedatives, amphetamines 
     and narcotic painkillers are being brought into the U.S. from 
     Mexico, and most appear destined for recreational use or sale 
     on the street, a new study shows.
       The 12-month study of U.S. Customs declaration forms 
     suggests serious abuse of federal laws that permit 
     individuals to buy prescription drugs in Mexico and bring 
     them back for personal use, the authors say.
       It also suggests U.S. Customs enforcement of controlled 
     substances at the border at Laredo, Texas, is limited.
       ``It is remarkable what is being brought back across the 
     border,'' says Marvin Shepherd of the College of Pharmacy at 
     the University of Texas at Austin. ``It's a prescription mill 
     down there.''
       Shepherd set out to determine how many prescription drugs 
     elderly people are buying in Mexico because of the cheaper 
     prices. The study was funded by the National Association of 
     Chain Drug Stores and the Texas Pharmacy Association. They 
     were concerned that unapproved drugs were entering the U.S. 
     and that many elderly were skirting safeguards provided by 
     U.S. pharmacies.
       Shepherd says he and the study sponsors were shocked to 
     learn that drugs declared by people over age 50 accounted for 
     only 9.4% of 5,624 claims. The median age of men purchasing 
     drugs was 24 and of women it was 35.
       In some cases, individuals declared as many as 25 bottles 
     of Valium containing 90 pills each and 29 boxes of Percodan 
     containing 10 pills each.
       Most people declaring the drugs obtained prescriptions in 
     Nuevo Laredo from Mexican doctors' offices, usually for $20 
     to $30, without seeing a doctor.
       Federal law permits prescriptions written and filled in 
     Mexico to pass through customs, says Judy Turner, U.S. 
     Customs spokeswoman. However, the policy is to allow only a 
     90-day supply of drugs.
       ``They do see a huge amount of Valium in Laredo,'' says 
     Turner. ``But it's possible people are declaring large 
     amounts of drugs and that agents are not permitting them to 
     keep more than the limit.''
       Customs records show agents at Laredo seized 330,089 
     tablets of Valium and 14 other drugs in 1995. But Shepherd 
     estimates from June 1994 to July 1995, 8.7 million tablets of 
     the top 15 drugs were brought into the U.S. from Nuevo 
     Laredo.
       Kristin McKeithan, who collected data for the study, says 
     agents sometimes enforce limits on the drugs and at other 
     times allow individuals to bring in large quantities.
       ``When a person came through it was a really random 
     process,'' McKeithan says.
       Leticia Moran, port director for U.S. Customs at Laredo, 
     says the situation there is complicated by large numbers of 
     people crossing the border.
       ``There is no way my officers would allow someone to bring 
     in 25 boxes of Valium,'' Moran says. But on Saturdays, 25,000 
     people visit Nuevo Laredo. It is impossible for customs to 
     check everyone, she says. People will get through with more 
     drugs than are allowed.
       Ronald Ziegler, president of the chain drug association, 
     says the amounts of drugs many individuals were declaring far 
     exceed amounts considered medically appropriate.
       ``The study cries out with the potential for abuse in 
     almost every section,'' says Ziegler. ``You can imagine that 
     if you take this from one border and expand it to other 
     border crossings across the state, it's quite profound. 
     Within this system, something has gone haywire.''
                                 ______
                                 

By Mr. CHAFEE (for himself, Mr. Kempthorne, Mr. Baucus, Mr. Allard, Mr. 
  Daschle, Ms. Collins, Mr. Graham, Mrs. Feinstein, Mr. Jeffords, Mr. 
Smith of Oregon, Mr. D'Amato, Mr. Faircloth, Mr. Bond, Mr. DeWine, and 
                      Mr. Smith of New Hampshire):

  S. 2244. A bill to amend the Fish and Wildlife Act of 1956 to promote 
volunteer programs and community partnerships for the benefit of 
national wildlife refugees, and for other purposes; to the Committee on 
Environment and Public Works.


national wildlife refuge systems volunteer and partnership enhancement 
                                  act

 Mr. CHAFEE. Mr. President, I am extremely pleased to introduce 
a bill that has tremendous potential to improve management and 
operations of the National Wildlife Refuge System. This bill--the 
National Wildlife Refuge System Volunteer and Partnership Enhancement 
Act-- will supplement scarce Federal dollars with outside services and 
donations by local groups and individuals. I am joined by 13 of our 
colleagues on both sides of the aisle, including Senators Kempthorne, 
Baucus, Allard, Daschle, Collins, Graham, Feinstein, Jeffords, Gordon 
Smith, D'Amato, DeWine, Bond, and Faircloth.
  The National Wildlife Refuge System consists of 93 million acres in 
513 units. This is the land set aside by the Federal Government to 
protect fish and wildlife. The Refuge System historically has received 
less funding acre-for acre than its larger and older sibling, the 
National Park System. Despite the recent passage of the National 
Wildlife Refuge System Improvement Act of 1997, the refuge system 
remains poorly funded, and has a significant backlog of construction 
and maintenance projects totaling approximately $1 billion.
  As budgets continue to shrink, the Federal Government must look at 
alternative sources of funding and assistance. Volunteer services have 
long helped the Refuge System, and are becoming increasingly important 
as a means of supplement decreasing Federal dollars. Indeed, the very 
first refuge on Pelican Island, Florida, was staffed by volunteer 
wardens. Since 1982, when the Fish and Wildlife Service (FWS) 
established a formal volunteer program, the program has grown from 
4,251 volunteers donating 128,440 hours of time to 25,000 volunteers 
donating more than one million hours in 1996. This 1996 figure 
represents almost 20 percent of all work done by the FWS on the Refuge 
System, amounting to about $11 million worth of services, compared with 
a cost of $1.7 million for maintaining the volunteer program.
  The five refuges in my own state of Rhode Island, which are managed 
as a single complex, provide a wonderful illustration of how important 
these effort are. Last year, volunteers donated 4,500 hours of service 
to Rhode Islands refuges. With only five full-time employers working 
among the five Rhode Island refuges, volunteers contributed 36 percent 
of all work performed on these refuges. At several of our refuges, the 
typical visitor often will only interact with volunteer staff.
  The ``National Wildlife Refuge System Vounterer and Partnership 
Enhancement Act'' lends must needed support to the efforts of the FWS 
to maintain and operate the Refuge System. This bill will accomplish 
four goals: (1) encourage financial contributions and donations to 
refuges; (2) increase opportunities and incentives for volunteers on 
refuges; (3) promote community partnerships with local refuges; and (4) 
establish a refuge education program to use refuges as ``outdoor 
classrooms.''
  Mr. President, let me give you some of the highlights in the bill. 
Section 3 of the bill allows gifts and donations to be made to 
individual refuges without further appropriations. While this is 
similar to current law, the bill provides new authority for the FWS to 
match these gifts. This will allow refuge managers to leverage the 
precious few dollars over which they have discretion for operations and 
maintenance with money from local residents and groups.
  Section 4 directs the FWS to carry out a pilot project at 2 or more 
refuges in each region, but no more than 20 nationwide, to hire a 
volunteer coordinator for the refuge. This coordinator

[[Page S7262]]

will manage and supervise the volunteers, and service as the liaison 
between the volunteers, the partnership organizations, and the refuge. 
It also establishes a Senior Volunteer Corps for individuals 50 years 
or older. These older citizens comprise the majority of volunteer 
efforts throughout the refuge system. This new Corps will recognize and 
foster that effort.
  Section 5 provides for community partner organizations to enter into 
agreements with the FWS to implement projects consistent with the 
purposes of the refuge. The projects may improve habitat, support 
operations, promote educational materials, or encourage donations. Non-
Federal funding may be matched by the FWS. Section 6 directs the 
Secretary of the Interior to develop guidance for education programs 
that promotes understanding of refuge resources, improves scientific 
literacy, and provides outdoor classroom experiences. It also 
authorizes the Secretary to develop or enhance refuge education 
programs based on this guidance.
  This bill is similar to a House bill, H.R. 1856, introduced by 
Congressman Saxton on June 10, 1997, and subsequently passed by the 
House. I have been pleased to work with Congressman Saxton on this 
wonderful initiative, and I urge all of our colleagues to support 
it.
 Mr. BAUCUS. Mr. President, I am pleased to join my colleague 
Senator Chafee, the Chairman of the Senate Environment and Public Works 
Committee, in introducing the National Wildlife Refuge System Volunteer 
and Partnership Enhancement Act of 1998.
  This bill will promote volunteerism on our national wildlife refuges. 
By encouraging volunteers to work with the U.S. Fish and Wildlife 
Service to improve our national wildlife refuges, this bill will not 
only benefit fish and wildlife but enhance the outdoor recreation and 
education experience for thousands of visitors.
  The National Wildlife Refuge System is a sanctuary for our nation's 
fish and wildlife, many species of which are threatened or endangered. 
It is a sanctuary for people too, who use refuges for many purposes. 
Comprising some 93 million acres spread across the country in over 500 
individual refuges, the system is an invaluable natural resource.
  To ensure that the resource is conserved for future generations of 
Americans, the Congress recently enacted legislation to guide the 
management of the National Wildlife Refuge System. But even improved 
management cannot make up for the lack of money. The refuge system is 
underfunded. Without adequate financial and staff resources, we will 
not realize the full potential of the refuge system, as envisioned by 
the National Wildlife Refuge System Improvement Act of 1997.
  One way to address this need is through the use of volunteers, 
ordinary citizens who care enough about our refuges to contribute their 
time.
  To encourage volunteers to take a more active role in improving our 
wildlife refuges, this bill would authorize the Secretary of the 
Interior to enter into cooperative agreements with partner 
organizations to undertake conservation and education projects. In 
addition, the bill would authorize the Secretary to develop refuge 
education programs and provide for staff to assist partner 
organizations and coordinate volunteer activities.
  Mr. President, I believe that this is a good bill and that it 
deserves our support. It will benefit fish and wildlife, provide unique 
opportunities for citizens to donate their valuable time and expertise 
to refuges in their local communities, and enhance the refuge 
experience for the many people who visit our refuges each year.
  I intend to work closely with my colleague, Senator Chafee, and other 
members of our Committee, to help ensure that it is enacted this 
year.
                                 ______
                                 
      By Mr. LAUTENBERG:
  S. 2245. A bill to require employers to notify local emergency 
officials, under the appropriate circumstances, of workplace 
emergencies, and for other purposes; to the Committee on Labor and 
Human Resources.


             industrial emergency notification act of 1998

 Mr. LAUTENBERG. Mr. President, I introduce the Industrial 
Emergency Notification Act of 1998. The bill will require the U.S. 
Occupational Safety and Health Administration (OSHA) to require that 
employers notify local emergency officials, like police and fire 
departments, in the event of workplace emergencies. Passage of this 
bill will help prevent accidents such as the explosion that took the 
lives of five men three years ago at Napp Technologies in Lodi, New 
Jersey.
  One mark of our progress as a society is the extent to which we can 
guarantee every working man and woman a safe, healthy workplace. No one 
should have to risk their health and safety to make a decent living. 
Sadly, the Napp explosion showed us how far we have to go.
  Among other things, the Napp explosion showed the loopholes that 
exist in current OSHA regulations. On the day of the explosion, after 
the chemical mixture started smoking, Napp management clearly knew they 
had a chemical emergency on their hands, yet they ordered the 
evacuation by word of mouth rather than by alarm, resulting in a lack 
of notification to the fire department. Then, still without notifying 
local emergency officials, which even common sense would have dictated, 
they sent the workers back in to their deaths. After all this, one 
would think OSHA would have had the basis for a strong enforcement 
action against Napp. Yet after the explosion, OSHA officials were 
unable to cite Napp for not contacting local emergency officials 
because there was no clear enforceable requirement to do so.
  Current OSHA standards on workplace emergencies and emergency 
response require employers to coordinate with local response 
authorities, leaving the final decision for notification to employers' 
discretion--rather than specifying clear minimum criteria for 
notification. The compliance directive recently released by OSHA on 
this standard elaborates on this requirement, but fails to close this 
gap.
  The Industrial Emergency Notification Act of 1998 will require OSHA 
to require that employers notify local emergency officials in the event 
of workplace emergencies. OSHA shall specify, as appropriate, the 
circumstances under which emergency notification is required, such as 
workplace evacuation. Also, the legislation will codify OSHA's recent 
compliance directive, which requires employers to develop emergency 
response procedures in cooperation with local emergency officials.
  It is both possible and important to list the circumstances under 
which local emergency officials should be notified, rather than leaving 
such notification to the discretion of a potentially harried business 
manager. Also it is vital that OSHA's authority include the ability to 
take appropriate enforcement action against negligence, after 
inadequate notification and the resulting workplace injuries or deaths. 
Finally, in addition to the importance of this legislation in improving 
workplace safety, to the extent that local emergency officials can help 
control the chemical releases associated with workplace emergencies, 
this legislation will provide important environmental protection 
benefits as well.
  The bill is endorsed by the American Federation of Labor, Congress of 
Industrial Organizations, the Union of Needletrades, Industrial and 
Textile Employees, the Oil, Chemical and Atomic Workers International 
Union, the International Chemical Workers Union Council of the United 
Food and Commercial Workers, the International Union of Operating 
Engineers, the Environmental Defense Fund, and the U.S. Public Interest 
Research Group.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2245

       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 ``Industrial Emergency 
     Notification Act of 1998.''

     SEC. 2. NOTIFICATION OF EMERGENCY OFFICIALS.

       (a) Notwithstanding any other provision of law, the 
     Occupational Safety and Health Administration shall issue as 
     a final rule, not later than 18 months of the enactment of 
     this act, a regulation that requires employers to:
       (1) notify outside emergency responders when the conditions 
     and circumstances

[[Page S7263]]

     occur which require outside emergency response, including 
     workplace evacuations and other conditions specified in the 
     rule;
       (2) describe with specificity in their emergency response 
     plans developed under 29 CFR 1919.120 or 1926.65, or in their 
     emergency action plans under 29 CFR 1910.38, the conditions 
     and circumstances that require outside emergency response in 
     addition to those specified under paragraph (1); and
       (3) obtain the agreement, in writing, of the outside 
     responders as to which conditions and circumstances require 
     outside response in addition to those specified under 
     paragraph (1).
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 2246. A bill to amend the Act which established the Frederick Law 
Olmsted National Historic Site, in the commonwealth of Massachusetts, 
by modifying the boundary and for other purposes; to the Committee on 
Energy and Natural Resources.


        frederick law Olmsted national historic site legislation

 Mr. MURKOWSKI. Mr. President, on behalf of the Administration, 
today I introduce legislation to amend the Act which established the 
Frederick Law Olmstead National Historic Site, in the commonwealth of 
Massachusetts, by modifying the boundary and for other purposes.
  I ask unanimous consent that the Administration's letter of 
transmittal and a section-by-section analysis of the legislation be 
printed in the Record for the information of my colleagues.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                       Department of the Interior,


                                      Office of the Secretary,

                               Washington, DC, September 22, 1997.
     Hon. Albert Gore, Jr.,
     President of the Senate, Washington, DC.
       Dear Mr. President: Enclosed is a draft bill ``To amend the 
     Act which established the Frederick Law Olmsted National 
     Historic Site, in the Commonwealth of Massachusetts, by 
     modifying the boundary and for other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee, and enacted. The purpose of the 
     legislation is to allow the Secretary of the Interior to 
     acquire, by donation only, lands owned by the Brookline 
     Conservation Land Trust which are situated adjacent to the 
     historic site. These lands remain much as they were during 
     Olmsted's life and acquisition will help preserve the setting 
     of the historic site. The Brookline Conservation Land Trust 
     desires to donate the property to the National Park Service 
     to help preserve the setting of the historic site and to make 
     it available for educational purposes.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                              Donald J. Barry,

                               Acting Assistant Secretary for Fish
                                           and Wildlife and Parks.
       Enclosures.
                                  ____


 Section-by-Section Analysis--Frederick Law Olmsted National Historic 
                                  Site

       Amends the Act of October 12, 1979, which originally 
     established the historic site, by providing the Secretary of 
     the Interior authority to acquire lands adjacent to the 
     historic site. The lands may be acquired only by means of 
     donation from a private land trust. The land trust wishes to 
     donate the subject property to the historic site to help 
     preserve and maintain the historic setting of the 
     site.
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 2247. A bill to permit the payment medical expenses incurred by 
the U.S. Park Police in the performance of duty to be made directly by 
the National Park Service, and for other purposes; to the Committee on 
Energy and Natural Resources.


                      U.S. Park Police Legislation

  Mr. MURKOWSKI. Mr. President, on behalf of the Administration, today 
I introduce legislation to permit the payment of medical expenses 
incurred by the United States Park Police in the performance of duty to 
be made directly by the National Park service, and for other purposes.
  I ask unanimous consent that the Administration's letter of 
transmittal and a section-by-section analysis of the legislation be 
printed in the Record for the information of my colleagues.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                  U.S. Department of the Interior,


                                      Office of the Secretary,

                                   Washington, DC, March 11, 1998.
     Hon. Albert Gore, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft bill, ``to permit 
     the payment of medical expenses incurred by the U.S. Park 
     Police in the performance of duty to be made directly by the 
     National Park Service, and for other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee for consideration, and enacted.
       The District of Columbia (District) is currently charged 
     with paying all medical bills for services rendered for 
     National Park Police members who become injured or ill in the 
     performance of their duties. Subsequently, the National Park 
     Service reimburses the District for medical payments made on 
     behalf of the Park Police. Fiscal constraints experienced by 
     the District have resulted in untimely payments of these 
     expenses. Consequently, some Park Police members have been 
     denied treatment and others have had their credit ratings 
     adversely affected. This situation is untenable. It 
     compromises the law enforcement capability of the Park Police 
     and places an undue burden on Park Police employees. the 
     enclosed draft legislation would amend the Act of September 
     1, 1916, section 12(e), to allow the National Park Service to 
     make these payments directly to the medical providers. 
     Amended language is urgently needed. We respectfully request 
     that this draft legislation be expedited.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
     Fish and Wildlife and Parks.
                                  ____


                      Section-by-Section Analysis

       This bill amends the Act of September 1, 1916, section 
     12(e), to allow the National Park Service to pay medical 
     providers directly for expenses incurred by the U.S. Park 
     Police while on official duty.
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 2248. A bill to allow for waiver and indemnification in mutual law 
enforcement agreements between the National Park Service and a state or 
political subdivision, when required by state law, and for other 
purposes; to the Committee on Energy and Natural Resources.


                   national park service legislation

 Mr. MURKOWSKI. Mr. President, on behalf of the Administration, 
today I introduce legislation to allow for wavier and indemnification 
in mutual law enforcement agreements between the National Park Service 
and a state or political subdivision, when required by state law, and 
for other purposes.
  I ask unanimous consent that the Administration's letter of 
transmittal and a section-by-section analysis of the legislation be 
printed in the Record for the information of my colleagues.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                       Department of the Interior,


                                      Office of the Secretary,

                                   Washington, DC, March 18, 1998.
     Hon. Albert Gore, Jr.
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft bill, ``To allow 
     for waiver and indemnification in mutual law enforcement 
     agreements between the National Park Service and a state or 
     political subdivision, when required by state law, and for 
     other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee for consideration, and enacted.
       This amendment would provide express authority for the 
     National Park Service to enter into mutual aid agreements 
     with adjacent law enforcement agencies. Pursuant to statutory 
     authorities, the Park Police have maintained memoranda of 
     understandings with local law enforcement agencies in 
     Maryland and Virginia. These agreements specify the 
     circumstances under which these agencies will assist the Park 
     Police. Both Maryland and Virginia laws require that each 
     party must agree to indemnify and hold harmless the assisting 
     agency from all claims by third parties for property damage 
     or personal injury, which may arise out of the assisting 
     agency's activities outside its respective jurisdiction.
       The Comptroller General issued a decision on August 16, 
     1991, which stated that such indemnification clauses violate 
     the Anti-deficiency Act (31 U.S.C. 1341(a)). The Comptroller 
     General stated:
       ``[O]pen-ended indemnification agreements should not be 
     entered into regardless of the existence of language of 
     limitations except with express congressional acquiesence. . 
     . . Thus we recommend that the Park Police obtain 
     congressional approval for this type of arrangement.''
       The Comptroller General further recognized the importance 
     of memoranda of understandings between the Park Police and 
     local authorities for effective law enforcement, and stated, 
     ``. . . we will not object to the Park Police temporarily 
     entering into revised agreements with the required 
     indemnification clauses while congressional approval is being 
     sought.''
       Although the opinions of the Comptroller General are not 
     binding on Executive Branch

[[Page S7264]]

     departments, they often provide useful guidance on 
     appropriations matters and related issues. Because it raises 
     questions as to Interior's indemnification authority, the 
     Comptroller General's opinion may impede Interior's efforts 
     to maintain intergovernmental cooperation in the policing of 
     national parks. The amendment that we have proposed would 
     eliminate this potential impediment.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
     Fish and Wildlife and Parks.
                                  ____


                      Section-by-Section Analysis

       Section 1: This section renumbers paragraphs and adds a new 
     section c(3), which would provide express statutory authority 
     for the National Park Service to use indemnification clauses 
     in their mutual aid agreements with a state or political 
     subdivision for law enforcement purposes, when required by 
     state law.
       Section 2: This section makes a technical 
     correction.
                                 ______
                                 
      By Mr. DASCHLE (for himself, Mrs. Boxer, Mr. Kennedy, Mr. 
        Bingaman, Ms. Moseley-Braun, Mr. Rockefeller, Ms. Mikulski, Mr. 
        Reid, Mr. Durbin, Mr. Inouye, and Mr. Torricelli):
  S. 2249. A bill to provide retirement security for all Americans; to 
the Committee on Finance.


     Retirement Accessibility, Security and Portability Act of 1998

  Mr. DASCHLE. Mr. President, today, Democrats are offering identical 
bills in the House and the Senate--the ``Retirement Accessibility, 
Security and Portability Act of 1998''--to make the prospect of 
retirement less frightening for millions of American workers. Right 
now, just under half of all American workers have pension plans, and 
the number is far worse for women and low- and moderate-income workers.
  Our plan would increase the number of Americans with pensions by 
making it easier and cheaper for small businesses to set up pension 
funds. It would create a new system to help workers who have no pension 
coverage to build their own retirement savings through direct 
contributions from their paychecks into an IRA.
  Our plan would make it easier for workers to take their pensions with 
them from one job to the next. This is incredibly important in an 
economy where the average worker will change careers an average of 7 
times.
  Our plan would increase pension security to ensure retirees will 
actually have a pension when they leave the work force. And, it would 
help close the huge pension gap that now exists between men and women 
and that leaves far too many older women who are widowed or divorced 
living in near-poverty.
  Mr. President, I talk frequently to people all the time who are 
worried they won't be able to afford the ``luxury'' of retirement. I 
say, we can't afford the luxury of ignoring the coming retirement 
crisis. Retirement shouldn't mean an economic freefall. And it doesn't 
have to.
  The first of the baby boomers turns 50 this year. We still have time 
to make the changes that will allow us to enjoy a secure retirement. 
But it will take change from individuals, employers and from the 
government.
  That's what this bill provides.
  This bill would expand pension coverage and access to more Americans 
by establishing an easy-to-administer defined benefit plan option for 
small businesses known as the SMART Plan; providing a maximum credit of 
$1,000 to help small business cover the cost of setting up new pension 
plans; and modifying new rules for the ``SIMPLE'' and 401(k) plans to 
encourage the provision of pensions to low-to-moderate income 
employees.
  This bill would encourage pension portability by requiring faster 
vesting of employers' matching contributions under defined contribution 
plans, including 401(k) plans, so that employees would have rights to 
the contributions after the least 3 years of employment; allowing 
rollovers between 401(k) and similar plans set up by non-profit 
organizations, including 403(b) plans; and allowing participants in 
plans set up by state and local governments to roll over their account 
balances to IRAs.

  This bill would protect and strengthen pensions by establishing 
greater safeguards to prevent corporations from raiding their 
employees' pension plans; creating stricter requirements for audits of 
plan assets and how companies are investing these assets; prohibiting 
employers from making credit card loans against pension assets; and 
providing pension plan participants with regular and informative 
benefit statements so they can monitor the activity and value of their 
pension assets.
  In addition, this bill would reduce the wide gap in pension coverage 
between men and women, as well as provide greater protections for older 
women by creating new safeguards to ensure that pension benefits are 
not overlooked when a couple divides assets upon divorce; a new option 
for federal workers to provide a greater benefit for women who outlive 
their husbands; protections for low-income women against the loss of 
their Social Security benefits; a new women's pension information 
hotline; and a requirement that additional hours taken under the Family 
and Medical leave Act are credited to one's pension plan for purposes 
of participation and vesting in their plan benefits.
  In 1994, President Clinton signed a bill protecting the pensions of 
more than 40 million American workers and retirees against risky 
investments and corporate raids. In 1996, he signed additional 
legislation cutting red tape and start-up costs for pension plans, so 
more small businesses could create retirement plans for their workers.
  Before 1998 is over, we intend to give the President another 
retirement security bill to sign.
  This Congress has done precious little so far to address the concerns 
of America's working families. passing this bill--increasing Americans' 
retirement security--would do a lot to fill that void. We urge our 
Republican colleagues to join us in passing it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2249

       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 Accessibility, 
     Security and Portability Act of 1998''.

     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--PENSION ACCESS AND COVERAGE

Sec. 100. Amendment of 1986 Code.

      Subtitle A--Improved Access to Individual Retirement Savings

Sec. 101. Credit for pension plan startup costs of small employers.
Sec. 102. Exclusion for payroll deduction contributions to IRAs.
Sec. 103. Nonrefundable tax credit for contributions to individual 
              retirement plans.
Sec. 104. Distributions from certain plans may be used without penalty 
              during periods of unemployment.

     Subtitle B--Secure Money Annuity or Retirement (SMART) Trusts

Sec. 111. Secure money annuity or retirement (SMART) trusts.

       Subtitle C--Improved Fairness in Retirement Plan Benefits

Sec. 121. Amendments to SIMPLE retirement accounts.
Sec. 122. Nondiscrimination rules for qualified cash or deferred 
              arrangements and matching contributions.
Sec. 123. Definition of highly compensated employees.
Sec. 124. Treatment of multiemployer plans under section 415.
Sec. 125. Exemption of mirror plans from section 457 limits.
Sec. 126. Immediate participation in the thrift savings plan for 
              Federal employees.
Sec. 127. Full funding limitation for multiemployer plans.
Sec. 128. Elimination of partial termination rules for multiemployer 
              plans.
Sec. 129. Repeal of 150 percent of current liability funding limit.

                           TITLE II--SECURITY

Sec. 200. Amendment of ERISA.

                     Subtitle A--General Provisions

Sec. 201. Periodic pension benefits statements.
Sec. 202. Requirement of annual, detailed investment reports applied to 
              certain 401(k) plans.
Sec. 203. Information required to be provided to investment managers of 
              401(k) plans.

[[Page S7265]]

Sec. 204. Study on investments in collectibles.
Sec. 205. Qualified employer plans prohibited from making loans through 
              credit cards and other intermediaries.
Sec. 206. Multiemployer plan benefits guaranteed.
Sec. 207. Prohibited transactions.
Sec. 208. Substantial owner benefits.
Sec. 209. Reversion report.

                     Subtitle B--ERISA Enforcement

Sec. 211. Civil penalties for breach of fiduciary responsibilities made 
              discretionary, etc.
Sec. 212. Reporting and enforcement requirements for employee benefit 
              plans.
Sec. 213. Additional requirements for qualified public accountants.
Sec. 214. Inspector General study.

       Subtitle C--Increase in Excise Tax on Employer Reversions

Sec. 221. Increase in excise tax.

                         TITLE III--PORTABILITY

Sec. 301. Faster vesting of employer matching contributions.
Sec. 302. Rationalization of the restrictions on distributions from 
              401(k) plans.
Sec. 303. Treatment of transfers between defined contribution plans.
Sec. 304. Missing participants.
Sec. 305. Allowance of rollovers from and to 403(b) plans.
Sec. 306. Rollover contributions from deferred compensation plans of 
              State and local governments.
Sec. 307. Extension of 60-day rollover period in the case of 
              Presidentially declared disasters and service in combat 
              zone.
Sec. 308. Purchase of service credit in governmental defined benefit 
              plans.

           TITLE IV--COMPREHENSIVE WOMEN'S PENSION PROTECTION

                       Subtitle A--Pension Reform

Sec. 401. Pension right to know proposals.
Sec. 402. Women's pension toll-free phone number.
Sec. 403. Modification of government pension offset.
Sec. 404. Family leave provisions.
Sec. 405. Pension integration rules.
Sec. 406. Division of pension benefits upon divorce.
Sec. 407. Entitlement of divorced spouses to railroad retirement 
              annuities independent of actual entitlement of employee.
Sec. 408. Effective dates.

Subtitle B--Protection of Rights of Former Spouses to Pension Benefits 
 Under Certain Government and Government-Sponsored Retirement Programs

Sec. 411. Extension of tier II railroad retirement benefits to 
              surviving former spouses pursuant to divorce agreements.
Sec. 412. Survivor annuities for widows, widowers, and former spouses 
              of Federal employees who die before attaining age for 
              deferred annuity under civil service retirement system.
Sec. 413. Payment of lump-sum benefits to former spouses of Federal 
              employees.

  Subtitle C--Modifications of Joint and Survivor Annuity Requirements

Sec. 421. Modifications of joint and survivor annuity requirements.
Sec. 422. Spousal consent required for distributions from defined 
              contribution plans.

             TITLE V--DATE FOR ADOPTION OF PLAN AMENDMENTS

Sec. 501. Date for adoption of plan amendments.

                  TITLE I--PENSION ACCESS AND COVERAGE

     SEC. 100. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title 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.

      Subtitle A--Improved Access to Individual Retirement Savings

     SEC. 101. CREDIT FOR PENSION PLAN STARTUP COSTS OF SMALL 
                   EMPLOYERS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45D. SMALL EMPLOYER PENSION PLAN STARTUP COSTS.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of an eligible employer, the small employer pension plan 
     startup cost credit determined under this section for any 
     taxable year is an amount equal to 50 percent of the 
     qualified startup costs paid or incurred by the taxpayer 
     during the taxable year.
       ``(b) Dollar Limitation.--The amount of the credit 
     determined under this section for any taxable year shall not 
     exceed--
       ``(1) $1,000 for the first credit year,
       ``(2) $500 for each of the 2 taxable years immediately 
     following the first credit year, and
       ``(3) zero for any other taxable year.
       ``(c) Eligible Employer.--For purposes of this section--
       ``(1) In general.--The term `eligible employer' has the 
     meaning given such term by section 408(p)(2)(C)(i).
       ``(2) Employers maintaining qualified plans during 1997 not 
     eligible.--Such term shall not include an employer if such 
     employer (or any predecessor employer) maintained a qualified 
     plan (as defined in section 408(p)(2)(D)(ii)) with respect to 
     which contributions were made, or benefits were accrued, for 
     service in 1997. If only individuals other than employees 
     described in subparagraph (A) or (B) of section 410(b)(3) are 
     eligible to participate in the qualified employer plan 
     referred to in subsection (d)(1), then the preceding sentence 
     shall be applied without regard to any qualified plan in 
     which only employees so described are eligible to 
     participate.
       ``(d) Other Definitions.--For purposes of this section--
       ``(1) Qualified startup costs.--
       ``(A) In general.--The term `qualified startup costs' means 
     any ordinary and necessary expenses of an eligible employer 
     which are paid or incurred in connection with--
       ``(i) the establishment or administration of an eligible 
     employer plan, or
       ``(ii) the retirement-related education of employees with 
     respect to such plan.
       ``(B) Plan must have at least 2 participants.--Such term 
     shall not include any expense in connection with a plan that 
     does not have at least 2 individuals who are eligible to 
     participate.
       ``(C) Plan must be established before january 1, 2001.--
     Such term shall not include any expense in connection with a 
     plan established after December 31, 2000.
       ``(2) Eligible employer plan.--The term `eligible employer 
     plan' means a qualified employer plan within the meaning of 
     section 4972(d), or a qualified payroll deduction arrangement 
     within the meaning of section 408(q)(1) (whether or not an 
     election is made under section 408(q)(2)). A qualified 
     payroll deduction arrangement shall be treated as an eligible 
     employer plan only if all employees of the employer who--
       ``(A) have been employed for 90 days, and
       ``(B) are not described in subparagraph (A) or (C) of 
     section 410(b)(3),
     are eligible to make the election under section 408(q)(1)(A).
       ``(3) First credit year.--The term `first credit year' 
     means--
       ``(A) the taxable year which includes the date that the 
     eligible employer plan to which such costs relate becomes 
     effective, or
       ``(B) at the election of the eligible employer, the taxable 
     year preceding the taxable year referred to in subparagraph 
     (A).
       ``(e) Special Rules.--For purposes of this section--
       ``(1) Aggregation rules.--All persons treated as a single 
     employer under subsection (a) or (b) of section 52, or 
     subsection (n) or (o) of section 414, shall be treated as one 
     person. All eligible employer plans shall be treated as 1 
     eligible employer plan.
       ``(2) Disallowance of deduction.--No deduction shall be 
     allowed for that portion of the qualified startup costs paid 
     or incurred for the taxable year which is equal to the credit 
     determined under subsection (a).
       ``(3) Election not to claim credit.--This section shall not 
     apply to a taxpayer for any taxable year if such taxpayer 
     elects to have this section not apply for such taxable 
     year.''
       (b) Credit Allowed as Part of General Business Credit.--
     Section 38(b) (defining current year business credit) 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 an eligible employer (as defined in 
     section 45D(c)), the small employer pension plan startup cost 
     credit determined under section 45D(a).''
       (c) Conforming Amendments.--
       (1) Section 39(d) is amended by adding at the end the 
     following new paragraph:
       ``(8) No carryback of small employer pension plan startup 
     cost credit before effective date.--No portion of the unused 
     business credit for any taxable year which is attributable to 
     the small employer pension plan startup cost credit 
     determined under section 45D may be carried back to a taxable 
     year ending on or before the date of the enactment of section 
     45D.''
       (2) Subsection (c) of section 196 is amended by striking 
     ``and'' at the end of paragraph (7), by striking the period 
     at the end of paragraph (8) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(9) the small employer pension plan startup cost credit 
     determined under section 45D(a).''
       (3) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 45D. Small employer pension plan startup costs.''

       (d) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred in taxable years ending 
     after the date of the enactment of this Act.

     SEC. 102. EXCLUSION FOR PAYROLL DEDUCTION CONTRIBUTIONS TO 
                   IRAS.

       (a) In General.--Section 408 (relating to individual 
     retirement accounts) is amended by redesignating subsection 
     (q) as subsection (r) and by inserting after subsection (p) 
     the following new subsection:
       ``(q) qualified Payroll Deduction Arrangement for IRA 
     Contributions.--
       ``(1) In general.--For purposes of this title, the term 
     `qualified payroll deduction

[[Page S7266]]

     arrangement' means a written arrangement of an employer under 
     which--
       ``(A) an employee eligible to participate in the 
     arrangement may elect to have the employer make payments--
       ``(i) to the employee directly in cash, or
       ``(ii) as elective employer contributions to an individual 
     retirement plan (as defined in section 7701(a)(37)), other 
     than an individual retirement plan described in section 
     408(k), 408(p), or 408A(b), on behalf of the employee for the 
     taxable year in which the payments otherwise would have been 
     made to the employee directly in cash,
       ``(B) the amount which the employee may elect under 
     subparagraph (A) for any year may not exceed a total of 
     $2,000,
       ``(C) no other contributions may be made other than 
     contributions described in subparagraph (A),
       ``(D) the employee's rights to any contributions made to an 
     individual retirement plan are nonforfeitable (for this 
     purpose, rules similar to the rules of subsection (k)(4) 
     shall apply), and
       ``(E) the employer makes the elective employer 
     contributions under subparagraph (A) not later than the close 
     of the 30-day period following the last day of the month with 
     respect to which the contributions are to be made.
       ``(2) Election not to have subsection apply.--An employer 
     that maintains an arrangement otherwise described in 
     paragraph (1) may elect to have contributions treated as 
     though they were not made under such an arrangement. If an 
     employer does not make an election described in the preceding 
     sentence, an employee may elect, before any contributions are 
     made for the calendar year, to have contributions on behalf 
     of the employee treated as though they were not made under an 
     arrangement described in paragraph (1). An employer shall be 
     deemed to have made an election under this paragraph for a 
     year if the employer maintained a qualified plan with respect 
     to which contributions were made or benefits were accrued for 
     such year. For purposes of the preceding sentence, the term 
     `qualified plan' means a plan, contract, pension, or trust 
     described in subparagraph (A) or (B) of section 219(g)(5).''.
       (b) Tax Treatment of Employer Contributions Made Under a 
     Qualified Payroll Deduction Arrangement.--
       (1) Coordination with deduction under section 219.--
       (A) Section 219(b) (relating to maximum amount of 
     deduction) is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule for contributions under a qualified 
     payroll deduction arrangement.--This section shall not apply 
     with respect to any amount contributed under a qualified 
     payroll deduction arrangement described in section 408(q)(1) 
     (for which an election has not been made under section 
     408(q)(2)).''.
       (B) Section 219(g)(1) (relating to the limitation on 
     deduction for active participants) is amended to read as 
     follows:
       ``(1) In general.--If (for any part of any plan year ending 
     with or within a taxable year) an individual is an active 
     participant, each of the dollar limitations contained in 
     subsections (b)(1)(A) and (c)(1)(A) for such taxable year 
     shall be reduced (but not below zero) by the sum of--
       ``(A) the amount determined under paragraph (2), and
       ``(B) the amount contributed for the taxable year under a 
     qualified payroll deduction arrangement described in section 
     408(q)(1) (for which an election has not been made under 
     section 408(q)(2)).''.
       (2) Deductibility of employer contributions.--Section 404 
     (relating to deductions for contributions of an employer to 
     pension, etc., plans) is amended by adding at the end the 
     following new subsection:
       ``(n) Special Rules for Contributions Under a Qualified 
     Payroll Deduction Arrangement.--Rules similar to the rules of 
     subsection (m) shall apply to employer contributions made 
     under a qualified payroll deduction arrangement described in 
     section 408(q)(1) (for which an election has not been made 
     under section 408(q)(2)).''.
       (3) Contributions and distributions.--Section 402 (relating 
     to taxability of beneficiary of employees' trust) is amended 
     by adding at the end the following new subsection:
       ``(l) Treatment of Contributions and Distributions Under a 
     Qualified Payroll Deduction Arrangement.--Rules similar to 
     the rules of paragraphs (1) and (3) of subsection (h) shall 
     apply to contributions and distributions made with respect to 
     an individual retirement plan under a qualified payroll 
     deduction arrangement described in section 408(q)(1) (for 
     which an election has not been made under section 408(q)(2)), 
     except that contributions made by an employer on behalf of an 
     employee for a taxable year shall be excluded from income 
     only to the extent such contributions would have been 
     deductible for such taxable year under section 219, if such 
     section applied, without regard to section 219(g)(1)(B). 
     Contributions that are not excluded from income under the 
     preceding sentence shall be treated as designated 
     nondeductible contributions under section 408(o).''.
       (c) Exemption From Withholding.--Subsection (a) of section 
     3401 (defining wages) is amended by striking ``or'' at the 
     end of paragraph (20), by striking the period at the end of 
     paragraph (21) and inserting ``; or'', and by inserting after 
     paragraph (21) the following new paragraph:
       ``(22) for any payment made for the benefit of the employee 
     to an individual retirement plan if the amount of such 
     payment was deducted and withheld under section 408(q).''.
       (d) Exclusion Shown on W-2.--Subsection (a) of section 6051 
     (relating to receipts for employees) is amended by striking 
     ``and'' at the end of paragraph (10), by striking the period 
     at the end of paragraph (11) and inserting ``, and'', and by 
     inserting after paragraph (11) the following new paragraph:
       ``(12) the total amount deducted and withheld pursuant to 
     section 408(q).''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to remuneration paid after December 31, 1998.

     SEC. 103. NONREFUNDABLE TAX CREDIT FOR CONTRIBUTIONS TO 
                   INDIVIDUAL RETIREMENT PLANS.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25A the following new 
     section:

     ``SEC. 25B. RETIREMENT SAVINGS.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter so much of the 
     qualified retirement contributions of the taxpayer for the 
     taxable year as does not exceed the applicable amount of the 
     adjusted gross income of the taxpayer for such year.
       ``(b) Applicable Amount.--For purposes of subsection (a), 
     the applicable amount is determined in accordance with the 
     following table:

The applicable amount is:e is:
Not over $15,000..................................................$450.
Over $15,000 but not over $20,000.................................$400.
Over $20,000 but not over $25,000.................................$350.
Over $25,000 but not over $30,000.................................$300.
Over $30,000........................................................$0.

       ``(c) Section Not To Apply to Certain Contributions.--This 
     section shall not apply with respect to--
       ``(1) an employer contribution to a simplified employee 
     pension,
       ``(2) any amount contributed to a simple retirement account 
     established under section 408(p),
       ``(3) any amount contributed to a Roth IRA, and
       ``(4) any designated nondeductible contribution (as defined 
     in section 408(o)(2)(C)).
       ``(d) Other Limitations and Restrictions.--
       ``(1) Beneficiary must be under age 70\1/2\.--No credit 
     shall be allowed under this section with respect to any 
     qualified retirement contribution for the benefit of an 
     individual if such individual has attained age 70\1/2\ before 
     the close of such individual's taxable year for which the 
     contribution was made.
       ``(2) Recontributed amounts.--No credit shall be allowed 
     under this section with respect to a rollover contribution 
     described in section 402(c), 403(a)(4), 403(b)(8), or 
     408(d)(3).
       ``(3) Amounts contributed under endowment contract.--In the 
     case of an endowment contract described in section 408(b), no 
     credit shall be allowed under this section for that portion 
     of the amounts paid under the contract for the taxable year 
     which is properly allocable, under regulations prescribed by 
     the Secretary, to the cost of life insurance.
       ``(4) Denial of credit for amount contributed to inherited 
     annuities or accounts.--No credit shall be allowed under this 
     section with respect to any amount paid to an inherited 
     individual retirement account or individual retirement 
     annuity (within the meaning of section 408(d)(3)(C)(ii)).
       ``(5) No double benefit.--No credit shall be allowed under 
     this section for any taxable year with respect to the amount 
     of any qualified retirement contribution for the benefit of 
     an individual if such individual takes a deduction with 
     respect to such amount under section 219 for such taxable 
     year.
       ``(e) Qualified Retirement Contribution.--For purposes of 
     this section, the term `qualified retirement contribution' 
     means--
       ``(1) any amount paid in cash for the taxable year by or on 
     behalf of an individual to an individual retirement plan for 
     such individual's benefit, and
       ``(2) any amount contributed on behalf of any individual to 
     a plan described in section 501(c)(18).
       ``(f) Other Definitions and Special Rules.--
       ``(1) Compensation.--For purposes of this section, the term 
     `compensation' has the meaning given in section 219(f)(1).
       ``(2) Married couples must file joint return.--If the 
     taxpayer is married at the close of the taxable year, the 
     credit shall be allowed under subsection (a) only if the 
     taxpayer and the taxpayer's spouse file a joint return for 
     the taxable year.
       ``(3) Time when contributions deemed made.--For purposes of 
     this section, a taxpayer shall be deemed to have made a 
     contribution to an individual retirement plan 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).
       ``(4) Employer payments.--For purposes of this title, any 
     amount paid by an employer to an individual retirement plan 
     shall be treated as payment of compensation to the employee 
     (other than a self-employed individual who is an employee 
     within the meaning of section 401(c)(1)) includible in his 
     gross income in the taxable year for which the

[[Page S7267]]

     amount was contributed, whether or not a credit for such 
     payment is allowable under this section to the employee.''
       (b) Conforming Amendments.--
       (1) Section 86(f) is amended by redesignating paragraphs 
     (2), (3), and (4) as paragraphs (3), (4), and (5), 
     respectively, and by inserting after paragraph (1) the 
     following new paragraph:
       ``(2) section 25B(f)(1) (defining compensation),''.
       (2) Clause (i) of section 501(c)(18)(D) is amended by 
     inserting ``which may be taken into account in computing the 
     credit allowable under section 25B or'' before ``with 
     respect''.
       (3) Section 6047(c) is amended by inserting ``section 25B 
     or'' before ``section 219''.
       (4) Section 6652(g) is amended by inserting ``Creditable'' 
     before ``Deductible'' in the heading thereof.
       (5) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 25A the following new item:

``Sec. 25B. Retirement savings.''

       (c) Effective Date.--The amendments made by this section 
     apply to taxable years beginning after December 31, 1998.

     SEC. 104. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED 
                   WITHOUT PENALTY DURING PERIODS OF UNEMPLOYMENT.

       (a) In General.--Paragraph (2) of section 72(t) (relating 
     to exceptions to 10-percent additional tax on early 
     distributions from qualified retirement plans) is amended by 
     adding at the end the following new subparagraph:
       ``(G) Additional distributions to unemployed individuals.--
       ``(i) In general.--Distributions from an individual 
     retirement plan, or from amounts attributable to employer 
     contributions made pursuant to elective deferrals described 
     in subparagraph (A) or (C) of section 402(g)(3) or section 
     501(c)(18)(D)(iii), to an individual after separation from 
     employment if--

       ``(I) such individual has received unemployment 
     compensation for 12 consecutive weeks under any Federal or 
     State unemployment compensation law by reason of such 
     separation, and
       ``(II) such distributions are made during the 1-year period 
     beginning on the date of such separation.

       ``(ii) Distributions after reemployment.--Clause (i) shall 
     not apply to any distribution made after the individual has 
     been employed for at least 60 days after the separation from 
     employment to which clause (i) applies.
       ``(iii) Coordination with subparagraph (d).--Distributions 
     during the 1-year period described in clause (i)(II) shall 
     not be taken into account in applying the limitation under 
     subparagraph (D)(i)(III).''
       (b) Conforming Amendments.--
       (1) Section 401(k)(2)(B)(i) is amended by striking ``or'' 
     at the end of subclause (III), by striking ``and'' at the end 
     of subclause (IV) and inserting ``or'', and by inserting 
     after subclause (IV) the following new subclause:

       ``(V) the date on which a period referred to in section 
     72(t)(2)(G) begins, and''.

       (2) Section 403(b)(11) is amended by striking ``or'' at the 
     end of subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, or'', and by inserting 
     after subparagraph (B) the following new subparagraph:
       ``(C) for distributions to which section 72(t)(2)(G) 
     applies.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions after the date of the enactment 
     of this Act.

     Subtitle B--Secure Money Annuity or Retirement (SMART) Trusts

     SEC. 111. SECURE MONEY ANNUITY OR RETIREMENT (SMART) TRUSTS.

       (a) In General.--Subpart A of part I of subchapter D of 
     chapter 1 is amended by inserting after section 408A the 
     following new section:

     ``SEC. 408B. SMART PLANS.

       ``(a) Employer Eligibility.--
       ``(1) In general.--An employer may establish and maintain a 
     SMART annuity or a SMART trust for any year only if--
       ``(A) the employer is an eligible employer (as defined in 
     section 408(p)(2)(C)), and
       ``(B) the employer does not maintain (and no predecessor of 
     the employer maintains) a qualified plan (other than a 
     permissible plan) with respect to which contributions were 
     made, or benefits were accrued, for service in any year in 
     the period beginning with the year such annuity or trust 
     became effective and ending with the year for which the 
     determination is being made.

     The period described in subparagraph (B) shall include the 
     period of 5 years before the year such trust or annuity 
     became effective with respect to qualified plans which are 
     defined benefit plans or money purchase pension plans.
       ``(2) Definitions.--For purposes of paragraph (1)--
       ``(A) Qualified plan.--The term `qualified plan' has the 
     meaning given such term by section 408(p)(2)(D)(ii).
       ``(B) Permissible plan.--The term `permissible plan' 
     means--
       ``(i) a SIMPLE plan described in section 408(p),
       ``(ii) a SIMPLE 401(k) plan described in section 
     401(k)(11),
       ``(iii) an eligible deferred compensation plan described in 
     section 457(b),
       ``(iv) a collectively bargained plan but only if the 
     employees eligible to participate in such plan are not also 
     entitled to a benefit described in subsection (b)(5) or 
     (c)(5), or
       ``(v) a plan under which there may be made only--

       ``(I) elective deferrals described in section 402(g)(3), 
     and
       ``(II) employer matching contributions not in excess of the 
     amounts described in subclauses (I) and (II) of section 
     401(k)(12)(B)(i).

       ``(b) SMART Annuity.--
       ``(1) In general.--For purposes of this title, the term 
     `SMART annuity' means an individual retirement annuity (as 
     defined in section 408(b) without regard to paragraph (2) 
     thereof and without regard to the limitation on aggregate 
     annual premiums contained in the flush language of section 
     408(b)) if--
       ``(A) such annuity meets the requirements of paragraphs (2) 
     through (8), and
       ``(B) the only contributions to such annuity are employer 
     contributions.

     Nothing in this section shall be construed as preventing an 
     employer from using a group annuity contract which is 
     divisible into individual retirement annuities for purposes 
     of providing SMART annuities.
       ``(2) Participation requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met for any year only if all employees of the employer who--
       ``(i) received at least $5,000 in compensation from the 
     employer during any 2 consecutive preceding years, and
       ``(ii) received at least $5,000 in compensation during the 
     year,

     are entitled to the benefit described in paragraph (5) for 
     such year.
       ``(B) Excludable employees.--An employer may elect to 
     exclude from the requirements under subparagraph (A) 
     employees described in subparagraph (A) or (C) of section 
     410(b)(3).
       ``(3) Vesting.--The requirements of this paragraph are met 
     if the employee's rights to any benefits under the annuity 
     are nonforfeitable.
       ``(4) Benefit form.--The requirements of this paragraph are 
     met if the only form of benefit is--
       ``(A) a benefit payable annually in the form of a single 
     life annuity with monthly payments (with no ancillary 
     benefits) beginning at age 65, or
       ``(B) any other form of benefit which is the actuarial 
     equivalent (based on the assumptions specified in the SMART 
     annuity) of the benefit described in subparagraph (A).
       ``(5) Amount of annual accrued benefit.--
       ``(A) In general.--The requirements of this paragraph are 
     met for any plan year if the accrued benefit of each 
     participant derived from employer contributions for such 
     year, when expressed as a benefit described in paragraph 
     (4)(A), equals the applicable percentage of the participant's 
     compensation for such year.
       ``(B) Applicable percentage.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `applicable percentage' means 2 
     percent.
       ``(ii) Election of different percentage.--An employer may 
     elect to apply an applicable percentage of 1 percent for any 
     year for all employees eligible to participate in the plan 
     for such year, if the employer notifies the employees of such 
     percentage within a reasonable period before the beginning of 
     such year. An employer may also elect to apply an applicable 
     percentage of 3 percent for any of the first 5 years that the 
     plan is effective for all employees eligible to participate 
     in the plan for such year, if the employer so notifies the 
     employees.
       ``(C) Compensation limit.--
       ``(i) In general.--The compensation taken into account 
     under this paragraph for any year shall not exceed $100,000.
       ``(ii) Cost-of-living adjustment.--The Secretary shall 
     adjust annually the $100,000 amount in clause (i) for 
     increases in the cost-of-living at the same time and in the 
     same manner as adjustments under section 415(d); except that 
     the base period shall be the calendar quarter beginning 
     October 1, 1998, and any increase which is not a multiple of 
     $5,000 shall be rounded to the next lowest multiple of 
     $5,000.
       ``(6) Funding.--
       ``(A) In general.--The requirements of this paragraph are 
     met only if the employer is required to contribute to the 
     annuity for each plan year the amount necessary to purchase a 
     SMART annuity in the amount of the benefit accrued for such 
     year for each participant entitled to such benefit. Such 
     contribution must be made no later than 8\1/2\ months after 
     the end of the plan year.
       ``(B) Penalty for failure to make required contribution.--
     The taxes imposed by section 4971 shall apply to a failure to 
     make the contribution required by this paragraph in the same 
     manner as if the amount of the failure were an accumulated 
     funding deficiency to which such section applies.
       ``(7) Limitation on distributions.--
       ``(A) In general.--The requirements of this paragraph are 
     met only if distributions may be paid only when the employee 
     attains age 65, separates from service, dies, or becomes 
     disabled (within the meaning of section 72(m)(7)).
       ``(B) Limitation on distributions on separation from 
     service of employees who have not attained age 65.--
     Subparagraph (A) shall apply to a distribution on separation 
     of service of an employee who has not attained age 65 only 
     if--

[[Page S7268]]

       ``(i) the aggregate cash value of an employee's SMART 
     annuities does not exceed the dollar limit in effect under 
     section 411(a)(11)(A), or
       ``(ii) the distribution is a direct trustee-to-trustee 
     transfer of the entire balance to the credit of the employee 
     to a SMART trust described in subsection (c), a SMART 
     rollover plan, or a SMART annuity for the benefit of such 
     employee.
       ``(8) Joint and survivor annuity rules applicable.--The 
     requirements of this paragraph are met only if the annuity 
     satisfies section 401(a)(11).
       ``(9) Definitions and special rule.--
       ``(A) Definitions.--The definitions in section 408(p)(6) 
     shall apply for purposes of this subsection.
       ``(B) Use of designated financial institutions.--A rule 
     similar to the rule of section 408(p)(7) (without regard to 
     the last sentence thereof) shall apply for purposes of this 
     subsection.
       ``(C) SMART rollover plan.--For purposes of this section, 
     the term `SMART rollover plan' means an individual retirement 
     plan for the benefit of the employee to which a rollover was 
     made from a SMART Annuity, SMART trust, or another SMART 
     Rollover plan.
       ``(c) SMART Trust.--
       ``(1) In general.--For purposes of this title, the term 
     `SMART trust' means a trust forming part of a defined benefit 
     plan if--
       ``(A) such trust meets the requirements of section 401(a) 
     as modified by subsection (d),
       ``(B) such plan meets the requirements of paragraphs (2) 
     through (8), and
       ``(C) the only contributions to such trust are employer 
     contributions.
       ``(2) Participation requirements.--A plan meets the 
     requirements of this paragraph for any year only if the 
     requirements of subsection (b)(2) are met for such year.
       ``(3) Vesting.--A plan meets the requirements of this 
     paragraph for any year only if the requirements of subsection 
     (b)(3) are met for such year.
       ``(4) Benefit form.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a plan meets the requirements of this paragraph only if the 
     trustee distributes a SMART annuity that satisfies subsection 
     (b)(4) where the annual benefit described in subsection 
     (b)(4)(A) is no less than the accrued benefit determined 
     under paragraph (5).
       ``(B) Direct transfers to individual retirement plan or 
     smart annuity.--A plan shall not fail to meet the 
     requirements of this paragraph by reason of permitting, as an 
     optional form of benefit, the distribution of the entire 
     balance to the credit of the employee. If the employee is 
     under age 65, such distribution must be in the form of a 
     direct trustee-to-trustee transfer to a SMART annuity, 
     another SMART trust, or a SMART rollover plan (or, in the 
     case of a distribution that does not exceed the dollar limit 
     in effect under section 411(a)(11)(A), any other individual 
     retirement plan).
       ``(5) Amount of annual accrued benefit.--A plan meets the 
     requirements of this paragraph for any year only if the 
     requirements of subsection (b)(5) are met for such year.
       ``(6) Funding.--
       ``(A) In general.--A plan meets the requirements of this 
     paragraph for any year only if--
       ``(i) the requirements of subparagraph (A) of subsection 
     (b)(6) are met for such year,
       ``(ii) in the case of a plan which has an unfunded annuity 
     amount with respect to the account of any participant, the 
     plan requires that the employer make an additional 
     contribution to such plan (at the time the annuity contract 
     to which such amount relates is purchased) equal to the 
     unfunded annuity amount, and
       ``(iii) in the case of a plan which has an unfunded prior 
     year liability as of the close of such plan year, the plan 
     requires that the employer make an additional contribution to 
     such plan for such year equal to the amount of such unfunded 
     prior year liability no later than 8\1/2\ months following 
     the end of the plan year.
       ``(B) Unfunded annuity amount.--For purposes of this 
     paragraph, the term `unfunded annuity amount' means, with 
     respect to the account of any participant for whom an annuity 
     is being purchased, the excess (if any) of--
       ``(i) the amount necessary to purchase an annuity contract 
     which meets the requirements of subsection (b)(4) in the 
     amount of the participant's accrued benefit determined under 
     paragraph (5), over
       ``(ii) the balance in such account at the time such 
     contract is purchased.
       ``(C) Unfunded prior year liability.--For purposes of this 
     paragraph, the term `unfunded prior year liability' means, 
     with respect to any plan year, the excess (if any) of--
       ``(i) the aggregate of the present value under the plan as 
     of the close of the prior plan year, over
       ``(ii) the value of the plan's assets determined under 
     section 412(c)(2) as of the close of the plan year 
     (determined without regard to any contributions for such plan 
     year).

     Such present value shall be determined using the assumptions 
     specified in subparagraph (D).
       ``(D) Actuarial assumptions.--In determining the amount 
     required to be contributed under subparagraph (A)--
       ``(i) the assumed interest rate shall be 5 percent per 
     year,
       ``(ii) the assumed mortality shall be determined under the 
     applicable mortality table (as defined in section 417(e)(3), 
     as modified by the Secretary so that it does not include any 
     assumption for preretirement mortality), and
       ``(iii) the assumed retirement age shall be 65.
       ``(E) Changes in mortality table.--If the applicable 
     mortality table under section 417(e)(3) for any plan year is 
     not the same as such table for the prior plan year, the 
     Secretary shall prescribe regulations which phase in the 
     effect of the changes over a reasonable period of plan years 
     determined by the Secretary.
       ``(F) Penalty for failure to make required contribution.--
     The taxes imposed by section 4971 shall apply to a failure to 
     make the contribution required by this paragraph in the same 
     manner as if the amount of the failure were an accumulated 
     funding deficiency to which such section applies.
       ``(7) Separate accounts for participants.--A plan meets the 
     requirements of this paragraph for any year only if the plan 
     provides--
       ``(A) for an individual account for each participant, and
       ``(B) for benefits based solely on--
       ``(i) the amount contributed to the participant's account,
       ``(ii) any income, expenses, gains and losses, and any 
     forfeitures of accounts of other participants which may be 
     allocated to such participant's account, and
       ``(iii) the amount of any unfunded annuity amount with 
     respect to the participant.
       ``(8) Trust may not hold securities which are not readily 
     tradable.--A plan meets the requirements of this paragraph 
     only if the plan prohibits the trust from holding directly or 
     indirectly securities which are not readily tradable on an 
     established securities market. Nothing in this paragraph 
     shall prohibit the trust from holding insurance company 
     products regulated by State law.
       ``(9) Definitions.--The definitions applicable under 
     subsection (b)(8) shall apply for purposes of this 
     subsection.
       ``(d) Special Rules for SMART Annuities and Trusts.--For 
     purposes of section 401(a), a SMART annuity and a SMART trust 
     shall be treated as meeting the requirements of the following 
     provisions:
       ``(1) Section 401(a)(4) (relating to nondiscrimination 
     rules).
       ``(2) Section 401(a)(26) (relating to minimum 
     participation).
       ``(3) Section 410 (relating to minimum participation and 
     coverage requirements).
       ``(4) Section 411(b) (relating to accrued benefit 
     requirements).
       ``(5) Section 416 (relating to special rules for top-heavy 
     plans).''
       (b) Deduction Rules.--
       (1) In general.--Section 404 is amended by adding at the 
     end the following new subsection:
       ``(n) Special Rules for SMART Annuities and Trusts.--
       ``(1) In general.--Employer contributions to a SMART 
     annuity shall be treated as if they are made to a plan 
     described in paragraph (1) of subsection (a).
       ``(2) Deductible limit.--For purposes of section 
     404(a)(1)(A)(i), the amount necessary to satisfy the minimum 
     funding requirement of section 408B (b)(6) or (c)(6) shall be 
     treated as the amount necessary to satisfy the minimum 
     funding requirement of section 412.''
       (2) Coordination with deduction under section 219.--
       (A) Section 219(b) is amended by adding at the end the 
     following new paragraph:
       ``(5) Special rule for smart annuities.--This section shall 
     not apply with respect to any amount contributed to a SMART 
     annuity established under section 408B(b).''
       (B) Section 219(g)(5)(A) (defining active participant) is 
     amended by striking ``or'' at the end of clause (v) and by 
     adding at the end the following new clause:
       ``(vii) any SMART annuity (within the meaning of section 
     408B), or''.
       (c) Contributions and Distributions.--
       (1) Section 402 is amended by adding at the end the 
     following new subsection:
       ``(l) Treatment of SMART Annuities.--Rules similar to the 
     rules of paragraphs (1) and (3) of subsection (h) shall apply 
     to contributions and distributions with respect to SMART 
     annuities under section 408B.''
       (2) Section 408(d)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(H) SMART annuities.--This paragraph shall not apply to 
     any amount paid or distributed out of a SMART annuity (as 
     defined in section 408B) unless it is paid in a trustee-to-
     trustee transfer into a SMART rollover plan.''
       (3)(A) Section 412(h) is amended by striking ``or'' at the 
     end of paragraph (5), by striking the period at the end of 
     paragraph (6) and inserting ``, or'', and by inserting after 
     paragraph (6) the following new paragraph:
       ``(7) any plan providing for the purchase of any SMART 
     annuity or any SMART plan.''
       (B) Section 301(a) of Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1081) is amended by striking ``or'' at 
     the end of paragraph (9), by striking the period at the end 
     of paragraph (10) and inserting ``; or'', and by adding at 
     the end the following new paragraph:
       ``(11) any plan providing for the purchase of any SMART 
     annuity or any SMART plan (as such terms are defined in 
     section 408B of such Code).''
       (4) Section 415(b) is amended by adding at the end the 
     following new paragraph:

[[Page S7269]]

       ``(12) Treatment of smart annuities and trusts.--A SMART 
     annuity and a SMART trust shall be treated as meeting the 
     requirements of this section, but distributions from such an 
     annuity or trust shall be taken into account in determining 
     whether any other plan satisfies the requirements of this 
     section.''
       (d) Increased Penalty on Early Withdrawals.--Section 72(t) 
     (relating to additional tax on early distributions) is 
     amended by adding at the end the following new paragraph:
       ``(9) Special rules for smart annuities and trusts.--In the 
     case of any amount received from a SMART annuity, a SMART 
     trust, or a SMART rollover plan (within the meaning of 
     section 408B), paragraph (1) shall be applied by substituting 
     `20 percent' for `10 percent' and paragraph (2) shall be 
     applied by substituting `age 65' for `age 59\1/2\'.''
       (e) Simplified Employer Reports.--
       (1) SMART annuities.--Section 408(l) (relating to 
     simplified employer reports) is amended by adding at the end 
     the following new paragraph:
       ``(3) SMART annuities.--
       ``(A) Simplified report.--The employer maintaining any 
     SMART annuity (within the meaning of section 408B) shall file 
     a simplified annual return with the Secretary containing only 
     the information described in subparagraph (B).
       ``(B) Contents.--The return required by subparagraph (A) 
     shall set forth--
       ``(i) the name and address of the employer,
       ``(ii) the date the plan was adopted,
       ``(iii) the number of employees of the employer,
       ``(iv) the number of such employees who are eligible to 
     participate in the plan,
       ``(v) the total amount contributed by the employer to each 
     such annuity for such year and the minimum amount required 
     under section 408B to be so contributed,
       ``(vi) the percentage elected under section 408B(b)(5)(B),
       ``(vii) the name of the issuer,
       ``(viii) the employer identification number,
       ``(ix) the name of the plan, and
       ``(x) the date of the contribution.
       ``(C) Reporting by issuer of smart annuity.--
       ``(i) In general.--The issuer of each SMART annuity shall 
     provide to the owner of the annuity for each year a statement 
     setting forth as of the close of such year--

       ``(I) the benefits guaranteed at age 65 under the annuity, 
     and
       ``(II) the cash surrender value of the annuity.

       ``(ii) Summary description.--The issuer of any SMART 
     annuity shall provide to the employer maintaining the annuity 
     for each year a description containing the following 
     information:

       ``(I) The name and address of the employer and the issuer.
       ``(II) The requirements for eligibility for participation.
       ``(III) The benefits provided with respect to the annuity.
       ``(IV) The procedures for, and effects of, withdrawals 
     (including rollovers) from the annuity.

       ``(D) Time and manner of reporting.--Any return, report, or 
     statement required under this paragraph shall be made in such 
     form and at such time as the Secretary shall prescribe.''
       (2) SMART trusts.--Section 6059 (relating to actuarial 
     reports) is amended by redesignating subsections (c) and (d) 
     as subsections (d) and (e), respectively, and by inserting 
     after subsection (b) the following new subsection:
       ``(c) SMART Trusts.--In the case of a SMART trust (within 
     the meaning of section 408B), the Secretary shall require a 
     simplified actuarial report which contains--
       ``(1) information similar to the information required in 
     section 408(l)(3)(B),
       ``(2) the fair market value of the assets of the trust,
       ``(3) the amounts distributed directly to participants,
       ``(4) the amounts transferred to SMART rollover plans, and
       ``(5) the present value of the annual accrued benefits 
     under the plan to which the trust relates.''
       (f) Conforming Amendments.--
       (1) Subparagraph (A) of section 219(g)(5) is amended by 
     striking ``or'' at the end of clause (v) and by inserting 
     after clause (vi) the following new clause:
       ``(vii) any SMART trust or SMART annuity (within the 
     meaning of section 408B), or''.
       (2) Section 280G(b)(6) 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 adding after 
     subparagraph (D) the following new subparagraph:
       ``(E) a SMART annuity described in section 408B.''
       (3) Subsections (b), (c), (m)(4)(B), and (n)(3)(B) of 
     section 414 are each amended by inserting ``408B,'' after 
     ``408(p),''.
       (4) Section 4972(d)(1)(A) is amended by striking ``and'' at 
     the end of clause (iii), by striking the period at the end of 
     clause (iv) and inserting ``, and'', and by adding after 
     clause (iv) the following new clause:
       ``(v) any SMART annuity (within the meaning of section 
     408B).''
       (g) Reporting Requirements Under ERISA.--Section 101 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1021) is amended by redesignating subsection (h) as 
     subsection (i) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) SMART Annuities.--
       ``(1) No employer reports.--Except as provided in this 
     subsection, no report shall be required under this section by 
     an employer maintaining a SMART annuity under section 408B(b) 
     of the Internal Revenue Code of 1986.
       ``(2) Summary description.--The issuer of any SMART annuity 
     shall provide to the employer maintaining the annuity for 
     each year a description containing the following information:
       ``(A) The name and address of the employer and the issuer.
       ``(B) The requirements for eligibility for participation.
       ``(C) The benefits provided with respect to the annuity.
       ``(D) The procedures for, and effects of, withdrawals 
     (including rollovers) from the annuity.''
       ``(3) Employee notification.--The employer shall provide 
     each employee eligible to participate in the SMART annuity 
     with the description described in paragraph (2) at the same 
     time as the notification required under section 408B(b)(5)(B) 
     of the Internal Revenue Code of 1986.''
       (h) $5 Per Participant PBGC Premium.--Subparagraph (A) of 
     section 4006(a)(3) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1306) is amended--
       (1) by inserting ``not described in clause (iv)'' after 
     ``in the case of a single-employer plan'' in clause (i),
       (2) by striking the period at the end of clause (iii) and 
     inserting ``; and'', and
       (3) by inserting after clause (iii) the following new 
     clause:
       ``(iv) in the case of a single-employer plan described in 
     section 408B(c) of the Internal Revenue Code of 1986, an 
     amount equal to $5 for each participant.''.
       (i) Clerical Amendment.--The table of sections for subpart 
     A of part I of subchapter D of chapter 1 is amended by 
     inserting after the item relating to section 408A the 
     following new item:

``Sec. 408B. SMART plans.''

       (j) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 1998.

       Subtitle C--Improved Fairness in Retirement Plan Benefits

     SEC. 121. AMENDMENTS TO SIMPLE RETIREMENT ACCOUNTS.

       (a) Minimum Contribution Requirement.--
       (1) In general.--Paragraph (2) of section 408(p) (defining 
     qualified salary reduction arrangement) is amended--
       (A) by striking clauses (iii) and (iv) of subparagraph (A) 
     and inserting the following new clauses:
       ``(iii) the employer is required to make a matching 
     contribution to the simple retirement account for any year in 
     an amount equal to--

       ``(I) so much of the amount the employee elects under 
     clause (i)(I) as does not exceed 3 percent of compensation 
     for the year, and
       ``(II) a uniform percentage (which is at least 50 percent 
     but not more than 100 percent) of the amount the employee 
     elects under clause (i)(I) to the extent that such amount 
     exceeds 3 percent but does not exceed 5 percent of the 
     employee's compensation,

       ``(iv) the employer is required to make nonelective 
     contributions of 1 percent of compensation for each employee 
     eligible to participate in the arrangement who has at least 
     $5,000 of compensation from the employer for the year, and
       ``(v) no contributions may be made other than contributions 
     described in clause (i), (iii), or (iv).'', and
       (B) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Contribution rules.--
       ``(i) Employer may elect 3-percent nonelective 
     contribution.--An employer shall be treated as meeting the 
     requirements of clauses (iii) and (iv) of subparagraph (A) 
     for any year if, in lieu of the contributions described in 
     such clauses, the employer elects to make nonelective 
     contributions of 3 percent of compensation for each employee 
     who is eligible to participate in the arrangement and who has 
     at least $5,000 of compensation from the employer for the 
     year. If an employer makes an election under this clause for 
     any year, the employer shall notify employees of such 
     election within a reasonable period of time before the 60-day 
     period for such year under paragraph (5)(C).
       ``(ii) Discretionary contributions.--A plan shall not be 
     treated as failing to meet the requirements of subparagraph 
     (A)(v) merely because, pursuant to the terms of the plan, an 
     employer makes nonelective contributions under subparagraph 
     (A)(iv) or clause (i) of this subparagraph in excess of 1 
     percent or 3 percent of compensation, respectively, but only 
     if all such contributions bear a uniform relationship to the 
     compensation of each eligible employee and do not exceed 5 
     percent of compensation for any eligible employee.
       ``(iii) Compensation limitation.--The compensation taken 
     into account under this paragraph for any year shall not 
     exceed the limitation in effect for such year under section 
     401(a)(17).''
       (2) Matching contributions.--Subparagraph (B) of section 
     401(k)(11) (relating to adoption of simple plan to meet 
     nondiscrimination tests) is amended--
       (A) by striking subclauses (II) and (III) of clause (i) and 
     inserting the following new subclauses:

[[Page S7270]]

       ``(II) the employer is required to make a matching 
     contribution to the trust for any year in an amount equal 
     to--

       ``(aa) so much of the amount the employee elects under 
     subclause (I) as does not exceed 3 percent of compensation 
     for the year, and
       ``(bb) a uniform percentage (which is at least 50 percent 
     but not more than 100 percent) of the amount the employee 
     elects under subclause (I) to the extent that such amount 
     exceeds 3 percent but does not exceed 5 percent of the 
     employee's compensation,

       ``(III) the employer is required to make nonelective 
     contributions of 1 percent of compensation for each employee 
     eligible to participate in the arrangement who has at least 
     $5,000 of compensation from the employer for the year, and
       ``(IV) no other contributions may be made other than 
     contributions described in subclause (I), (II), or (III).'', 
     and

       (B) by striking clause (ii) and inserting the following new 
     clause:
       ``(ii) Contribution rules.--

       ``(I) Employer may elect 3-percent nonelective 
     contribution.--An employer shall be treated as meeting the 
     requirements of subclauses (II) and (III) of clause (i) for 
     any year if, in lieu of the contributions described in such 
     subclauses, the employer elects to make nonelective 
     contributions of 3 percent of compensation for each employee 
     who is eligible to participate in the arrangement and who has 
     at least $5,000 of compensation from the employer for the 
     year. If an employer makes an election under this subclause 
     for any year, the employer shall notify employees of such 
     election within a reasonable period of time before the 60th 
     day before the beginning of such year.

       ``(II) Discretionary contributions.--A plan shall not be 
     treated as failing to meet the requirements of clause (i)(IV) 
     merely because, pursuant to the terms of the plan, an 
     employer makes nonelective contributions under clause 
     (i)(III) or subclause (I) of this clause in excess of 1 
     percent or 3 percent of compensation, respectively, but only 
     if all such contributions bear a uniform relationship to the 
     compensation of each eligible employee and do not exceed 5 
     percent of compensation for any eligible employee.''

       (b) Option To Suspend Contributions.--Section 408(p) 
     (relating to simple retirement accounts) is amended by adding 
     at the end the following new paragraph:
       ``(10) Suspension of plan.--Except as provided by the 
     Secretary, a plan shall not be treated as failing to meet the 
     requirements of this subsection if, under the plan, the 
     employer may suspend all elective, matching, and nonelective 
     contributions under the plan after notifying employees 
     eligible to participate in the arrangement of such suspension 
     in writing at least 30 days in advance. Such suspension shall 
     apply to contributions with respect to compensation earned 
     after the effective date of the suspension. Only 1 suspension 
     under this paragraph may take effect during any year.''
       (c) Conforming Amendments.--Section 408(p)(2)(C) is 
     amended--
       (1) by striking clause (ii),
       (2) by striking ``Definitions'' in the heading and 
     inserting ``Eligible employer'',
       (3) by striking ``(i) Eligible employer.--'', and
       (4) by redesignating subclauses (I) and (II) as clauses (i) 
     and (ii), respectively.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 1998.
       (2) Delayed effective date for plans established in 1997 or 
     1998.--In the case of plans established in 1997 or 1998 under 
     section 408(p) of the Internal Revenue Code of 1986, the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2002.

     SEC. 122. NONDISCRIMINATION RULES FOR QUALIFIED CASH OR 
                   DEFERRED ARRANGEMENTS AND MATCHING 
                   CONTRIBUTIONS.

       (a) Alternative Methods of Satisfying Section 401(k) 
     Nondiscrimination Tests.--Subparagraph (B) of section 
     401(k)(12) (relating to alternative methods of meeting 
     nondiscrimination requirements) is amended to read as 
     follows:
       ``(B) Nonelective and matching contributions.--
       ``(i) In general.--The requirements of this subparagraph 
     are met if the requirements of clauses (ii) and (iii) are 
     met.
       ``(ii) Nonelective contributions.--The requirements of this 
     clause are met if, under the arrangement, the employer is 
     required, without regard to whether the employee makes an 
     elective contribution or employee contribution, to make a 
     contribution to a defined contribution plan on behalf of each 
     employee who is not a highly compensated employee and who is 
     eligible to participate in the arrangement in an amount equal 
     to at least 1 percent of the employee's compensation.
       ``(iii) Matching contributions.--The requirements of this 
     clause are met if, under the arrangement, the employer makes 
     matching contributions on behalf of each employee who is not 
     a highly compensated employee in an amount equal to--

       ``(I) 100 percent of the elective contributions of the 
     employee to the extent such elective contributions do not 
     exceed 3 percent of the employee's compensation, and
       ``(II) 50 percent of the elective contributions of the 
     employee to the extent that such elective contributions 
     exceed 3 percent but do not exceed 5 percent of the 
     employee's compensation.

       ``(iv) Rate for highly compensated employees.--The 
     requirements of clause (iii) are not met if, under the 
     arrangement, the rate of matching contribution with respect 
     to any rate of elective contribution of a highly compensated 
     employee is greater than that with respect to an employee who 
     is not a highly compensated employee. For purposes of this 
     clause, to the extent provided in regulations, the last 
     sentences of paragraph (3)(A) and subsection (m)(2)(B) shall 
     not apply.
       ``(v) Alternative plan designs.--If the rate of matching 
     contribution with respect to any rate of elective 
     contribution is not equal to the percentage required under 
     clause (iii), an arrangement shall not be treated as failing 
     to meet the requirements of clause (iii) if--

       ``(I) the rate of an employer's matching contribution does 
     not increase as an employee's rate of elective contribution 
     increase, and
       ``(II) the aggregate amount of matching contributions at 
     such rate of elective contribution is at least equal to the 
     aggregate amount of matching contributions which would be 
     made if matching contributions were made on the basis of the 
     percentages described in clause (iii).''

       (b) Contributions Part of Qualified Cash or Deferred 
     Arrangement.--Subparagraph (E)(ii) of section 401(k)(12) is 
     amended to read as follows:
       ``(ii) Social security and similar contributions not taken 
     into account.--Except as provided in regulations, an 
     arrangement shall not be treated as meeting the requirements 
     of subparagraph (B) or (C) unless such requirements are met 
     without regard to subsection (l), and, for purposes of 
     subsection (l), and determining whether contributions 
     provided under a plan satisfy subsection (a)(4) on the basis 
     of equivalent benefits, employer contributions under 
     subparagraph (B) or (C) shall not be taken into account.''
       (c) Alternative Methods of Satisfying Section 401(m) 
     Nondiscrimination Tests.--Section 401(m)(11) (relating to 
     alternative method of satisfying tests) is amended--
       (1) by striking ``subparagraph (B)'' in subparagraph 
     (A)(iii) and inserting ``subparagraphs (B) and (C)'',
       (2) by adding at the end of subparagraph (B) the following 
     new flush sentence:
     ``To the extent provided in regulations, the last sentences 
     of paragraph (2)(B) and subsection (k)(3)(A) shall not apply 
     for purposes of clause (iii).'', and
       (3) by adding at the end the following new subparagraph:
       ``(C) Test must be met separately.--If this paragraph 
     applies to any matching contributions, such contributions 
     shall not be taken into account in determining whether 
     employee contributions satisfy the requirements of this 
     subsection.''
       (d) Special Rule for Determining Average Deferral 
     Percentage for First Plan Year, Etc.--Subparagraph (E) of 
     section 401(k)(3) is amended to read as follows:
       ``(E) For purposes of this paragraph, in the case of the 
     first plan year of any plan, the amount taken into account as 
     the actual deferral percentage of nonhighly compensated 
     employees for the preceding plan year shall be--
       ``(i) 3 percent, or
       ``(ii) the actual deferral percentage of nonhighly 
     compensated employees determined for such first plan year in 
     the case of--

       ``(I) an employer who elects to have this clause apply, or
       ``(II) except to the extent provided by the Secretary, a 
     successor plan.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 1998.

     SEC. 123. DEFINITION OF HIGHLY COMPENSATED EMPLOYEES.

       (a) In General.--Subparagraph (B) of section 414(q)(1) 
     (defining highly compensated employee) is amended to read as 
     follows:
       ``(B) for the preceding year had compensation from the 
     employer in excess of $80,000.''
       (b) Conforming Amendments.--
       (1)(A) Subsection (q) of section 414 is amended by striking 
     paragraphs (3), (5), and (7) and by redesignating paragraphs 
     (4), (6), (8), and (9) as paragraphs (3) through (6), 
     respectively.
       (B) Sections 129(d)(8)(B), 401(a)(5)(D)(ii), 408(k)(2)(C), 
     and 416(i)(1)(D) are each amended by striking ``section 
     414(q)(4)'' and inserting ``section 414(q)(3)''.
       (C) Section 416(i)(1)(A) is amended by striking ``section 
     414(q)(5)'' and inserting ``section 414(r)(9)''.
       (2)(A) Section 414(r) is amended by adding at the end the 
     following new paragraph:
       ``(9) Excluded employees.--For purposes of paragraph 
     (2)(A), the following employees shall be excluded:
       ``(A) Employees who have not completed 6 months of service.
       ``(B) Employees who normally work less than 17\1/2\ hours 
     per week.
       ``(C) Employees who normally work during not more than 6 
     months during any year.
       ``(D) Employees who have not attained the age of 21.
       ``(E) Except to the extent provided in regulations, 
     employees who are included in a unit of employees covered by 
     an agreement which the Secretary of Labor finds to be a 
     collective bargaining agreement between employee 
     representatives and the employer.''
       (B) Subparagraph (A) of section 414(r)(2) is amended by 
     striking ``subsection (q)(5)'' and inserting ``paragraph 
     (9)''.

[[Page S7271]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 1998.

     SEC. 124. TREATMENT OF MULTIEMPLOYER PLANS UNDER SECTION 415.

       (a) Compensation Limit.--Paragraph (11) of section 415(b) 
     (relating to limitation for defined benefit plans) is amended 
     to read as follows:
       ``(11) Special limitation rule for governmental and 
     multiemployer plans.--In the case of a governmental plan (as 
     defined in section 414(d)) or a multiemployer plan (as 
     defined in section 414(f)), subparagraph (B) of paragraph (1) 
     shall not apply.''
       (b) Exemption for Survivor and Disability Benefits.--
     Subparagraph (I) of section 415(b)(2) (relating to limitation 
     for defined benefit plans) is amended--
       (1) by inserting ``or a multiemployer plan (as defined in 
     section 414(f))'' after ``section 414(d))'' in clause (i),
       (2) by inserting ``or multiemployer plan'' after 
     ``governmental plan'' in clause (ii), and
       (3) by inserting ``and multiemployer'' after 
     ``governmental'' in the heading.
       (c) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 1998.

     SEC. 125. EXEMPTION OF MIRROR PLANS FROM SECTION 457 LIMITS.

       (a) In General.--Subsection (e) of section 457 (relating to 
     deferred compensation plans of State and local governments 
     and tax-exempt organizations) is amended by adding at the end 
     the following new paragraph:
       ``(16) Exemption for mirror plans.--
       ``(A) In general.--Amounts of compensation deferred under a 
     mirror plan shall not be taken into account in applying this 
     section to amounts of compensation deferred under any other 
     deferred compensation plan.
       ``(B) Mirror plan.--The term `mirror plan' means a plan, 
     program, or arrangement maintained solely for the purpose of 
     providing retirement benefits for employees in excess of the 
     limitations imposed by section 401(a)(17) or section 415, or 
     both.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1998.

     SEC. 126. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN 
                   FOR FEDERAL EMPLOYEES.

       (a) Elimination of Certain Waiting Periods for Purposes of 
     Employee Contributions.--Paragraph (4) of section 8432(b) of 
     title 5, United States Code, is amended to read as follows:
       ``(4) The Executive Director shall prescribe such 
     regulations as may be necessary to carry out the following:
       ``(A) Notwithstanding subparagraph (A) of paragraph (2), an 
     employee or Member described in such subparagraph shall be 
     afforded a reasonable opportunity to first make an election 
     under this subsection beginning on the date of commencing 
     service or, if that is not administratively feasible, 
     beginning on the earliest date thereafter that such an 
     election becomes administratively feasible, as determined by 
     the Executive Director.
       ``(B) An employee or Member described in subparagraph (B) 
     of paragraph (2) shall be afforded a reasonable opportunity 
     to first make an election under this subsection (based on the 
     appointment or election described in such subparagraph) 
     beginning on the date of commencing service pursuant to such 
     appointment or election or, if that is not administratively 
     feasible, beginning on the earliest date thereafter that such 
     an election becomes administratively feasible, as determined 
     by the Executive Director.
       ``(C) Notwithstanding the preceding provisions of this 
     paragraph, contributions under paragraphs (1) and (2) of 
     subsection (c) shall not be payable with respect to any pay 
     period before the earliest pay period for which such 
     contributions would otherwise be allowable under this 
     subsection if this paragraph had not been enacted.
       ``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2), 
     8440c(a)(2), and 8440d(a)(2) shall be applied in a manner 
     consistent with the purposes of subparagraphs (A) and (B), to 
     the extent those subparagraphs can be applied with respect 
     thereto.
       ``(E) Nothing in this paragraph shall affect paragraph 
     (3).''
       (b) Technical and Conforming Amendments.--
       (1) Section 8432(a) of title 5, United States Code, is 
     amended--
       (A) in the first sentence by striking ``(b)(1)'' and 
     inserting ``(b)''; and
       (B) by amending the second sentence to read as follows: 
     ``Contributions under this subsection pursuant to such an 
     election shall, with respect to each pay period for which 
     such election remains in effect, be made in accordance with a 
     program of regular contributions provided in regulations 
     prescribed by the Executive Director.''
       (2) Section 8432(b)(1)(B) of such title is amended by 
     inserting ``(or any election allowable by virtue of paragraph 
     (4))'' after ``subparagraph (A)''.
       (3) Section 8432(b)(3) of such title is amended by striking 
     ``Notwithstanding paragraph (2)(A), an'' and inserting 
     ``An''.
       (4) Section 8432(i)(1)(B)(ii) of such title is amended by 
     striking ``either elected to terminate individual 
     contributions to the Thrift Savings Fund within 2 months 
     before commencing military service or''.
       (5) Section 8439(a)(1) of such title is amended by 
     inserting ``who makes contributions or'' after ``for each 
     individual'' and by striking ``section 8432(c)(1)'' and 
     inserting ``section 8432''.
       (6) Section 8439(c)(2) of such title is amended by adding 
     at the end the following: ``Nothing in this paragraph shall 
     be considered to limit the dissemination of information only 
     to the times required under the preceding sentence.''
       (7) Sections 8440a(a)(2) and 8440d(a)(2) of such title are 
     amended by striking all after ``subject to'' and inserting 
     ``subject to this chapter.''
       (c) Effective Date.--This section shall take effect 6 
     months after the date of the enactment of this Act or such 
     earlier date as the Executive Director may by regulation 
     prescribe.

     SEC. 127. FULL FUNDING LIMITATION FOR MULTIEMPLOYER PLANS.

       (a) Amendments to Code.--
       (1) Full funding limitation.--Section 412(c)(7)(C) 
     (relating to full funding limitation) is amended--
       (A) by inserting ``or in the case of a multiemployer 
     plan,'' after ``paragraph (6)(B),'', and
       (B) by inserting ``and multiemployer plans'' after 
     ``paragraph (6)(b)'' in the heading thereof.
       (2) Valuation.--Section 412(c)(9) (relating to annual 
     valuation) is amended--
       (A) by inserting ``(3 years in the case of a multiemployer 
     plan)'' after ``year'', and
       (B) by striking ``Annual valuation'' in the heading and 
     inserting ``Valuation''.
       (b) Amendments to ERISA.--
       (1) Full funding limitation.--Section 302(c)(7)(C) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1082(c)(7)(C)) is amended--
       (A) by inserting ``or in the case of a multiemployer 
     plan,'' after ``paragraph (6)(B),'', and
       (B) by inserting ``and multiemployer plans'' after 
     ``paragraph (6)(b)'' in the heading thereof.
       (2) Valuation.--Section 302(c)(9) of such Act (29 U.S.C. 
     1082(c)(9)) is amended--
       (A) by inserting ``(3 years in the case of a multiemployer 
     plan)'' after ``year'', and
       (B) by striking ``Annual valuation'' in the heading and 
     inserting ``Valuation''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 1998.

     SEC. 128. ELIMINATION OF PARTIAL TERMINATION RULES FOR 
                   MULTIEMPLOYER PLANS.

       (a) Partial Termination Rules for Multiemployer Plans.--
     Section 411(d)(3) (relating to termination or partial 
     termination; discontinuance of contributions) is amended by 
     adding at the end the following new sentence: ``This 
     paragraph shall not apply in the case of a partial 
     termination of a multiemployer plan.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to partial terminations beginning after December 
     31, 1998.

     SEC. 129. REPEAL OF 150 PERCENT OF CURRENT LIABILITY FUNDING 
                   LIMIT.

       (a) In General.--Section 412(c)(7) (relating to full-
     funding limitation) is amended--
       (1) by striking ``150 percent'' in subparagraph (A)(i)(I) 
     and inserting ``the applicable percentage'', and
       (2) by adding at the end the following new subparagraph:
       ``(F) Applicable percentage.--For purposes of subparagraph 
     (A)(i)(I), the applicable percentage is determined according 
     to the following table:

The applicable percentage is-- beginning in--
  1998.........................................................155 ....

  1999.........................................................160 ....

  2000.........................................................165 ....

  2001.........................................................170 ....

  2002 and succeeding years....................................0.''....

       (b) Special Amortization Rule.--
       (1) In general.--Section 412(c)(7), as amended by 
     subsection (a), is amended by adding at the end the following 
     new subparagraph:
       ``(G) Special amortization rule.--Contributions that would 
     be required to be made under the plan but for the provisions 
     of subparagraph (A)(i)(I) shall be amortized over a 20-year 
     period.''
       (2) Conforming amendment.--Section 412(c)(7)(D) is amended 
     by adding ``and'' at the end of clause (i), by striking ``, 
     and'' at the end of clause (ii) and inserting a period, and 
     by striking clause (iii).
       (3) Effective date.--The amendments made by this subsection 
     shall apply to any unamortized bases with respect to plan 
     years beginning before, on, or after December 31, 1998.

                           TITLE II--SECURITY

     SEC. 200. AMENDMENT OF ERISA.

       Except as otherwise expressly provided, whenever in this 
     title 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 Employee Retirement Income Security 
     Act of 1974.

                     Subtitle A--General Provisions

     SEC. 201. PERIODIC PENSION BENEFITS STATEMENTS.

       (a) In General.--Subsection (a) of section 105 (29 U.S.C. 
     1025) is amended--
       (1) by striking ``shall furnish to any plan participant or 
     beneficiary who so requests in writing,'' and inserting 
     ``shall furnish at least once every 3 years, in the case of a 
     participant in a defined benefit plan who has attained age 
     35, and annually, in the case of a

[[Page S7272]]

     defined contribution plan, to each plan participant, and 
     shall furnish to any plan participant or beneficiary who so 
     requests,'', and
       (2) by adding at the end the following flush sentence:

     ``Information furnished under the preceding sentence to a 
     participant in a defined benefit plan (other than at the 
     request of the participant) may be based on reasonable 
     estimates determined under regulations prescribed by the 
     Secretary.''
       (b) Rule for Multiemployer Plans.--Subsection (d) of 
     section 105 (29 U.S.C. 1025) is amended to read as follows:
       ``(d) Each administrator of a plan to which more than 1 
     unaffiliated employer is required to contribute shall furnish 
     to any plan participant or beneficiary who so requests in 
     writing, a statement described in subsection (a).''
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after the later of--
       (1) the date of issuance by the Secretary of Labor of 
     regulations providing guidance for simplifying defined 
     benefit plan calculations with respect to the information 
     required under section 105 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1025), or
       (2) December 31, 1998.

     SEC. 202. REQUIREMENT OF ANNUAL, DETAILED INVESTMENT REPORTS 
                   APPLIED TO CERTAIN 401(K) PLANS.

       (a) In General.--Section 104(b)(3) (29 U.S.C. 1024(b)(3)) 
     is amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B)(i) If, for any plan year, a plan includes a qualified 
     cash or deferred arrangement (as defined in section 401(k)(2) 
     of the Internal Revenue Code of 1986) and such plan covers 
     less than 100 participants, the administrator shall furnish 
     (within 60 days after the end of such plan year) to each 
     participant and to each beneficiary receiving benefits under 
     the plan an annual investment report detailing such 
     information as the Secretary by regulation shall require.
       ``(ii) Clause (i) shall not apply with respect to any 
     participant described in section 404(c).''
       (b) Regulations.--
       (1) In general.--The Secretary of Labor, in prescribing 
     regulations required under section 104(b)(3)(B)(i) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1023(b)(3)(B)(i)), as added by subsection (a), shall consider 
     including in the information required in an annual investment 
     report the following:
       (A) Total plan assets and liabilities as of the beginning 
     and ending of the plan year.
       (B) Plan income and expenses and contributions made and 
     benefits paid for the plan year.
       (C) Any transaction between the plan and the employer, any 
     fiduciary, or any 10-percent owner during the plan year, 
     including the acquisition of any employer security or 
     employer real property.
       (D) Any noncash contributions made to or purchases of 
     nonpublicly traded securities made by the plan during the 
     plan year without an appraisal by an independent third party.
       (2) Electronic transfer.--The Secretary of Labor in 
     prescribing such regulations shall also make provision for 
     the electronic transfer of the required annual investment 
     report by a plan administrator to plan participants and 
     beneficiaries.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.

     SEC. 203. INFORMATION REQUIRED TO BE PROVIDED TO INVESTMENT 
                   MANAGERS OF 401(K) PLANS.

       (a) In General.--Section 105 (29 U.S.C. 1025) is amended by 
     adding at the end the following new subsection:
       ``(e) If--
       ``(1) the administrator of an individual account plan 
     described in section 401(k) of the Internal Revenue Code of 
     1986 provides for investment of the plan assets by means of a 
     contractual arrangement with another party, and
       ``(2) such other party is not required under such 
     arrangement to separately account for benefits accrued with 
     respect to each participant and beneficiary under this plan,

     such administrator shall be treated as failing to meet the 
     requirements of subsection (a) unless, under such contractual 
     arrangement, such administrator provides to such other party 
     such information as is necessary to enable such party to 
     separately account at any time for benefits accrued with 
     respect to each participant and beneficiary.''
       (b) Civil Penalty for Violations.--Paragraph (1) of section 
     502(c) (29 U.S.C. 1132(c)(1)) is amended by striking ``or 
     section 101(e)(1)'' and inserting ``, section 101(e)(1), or 
     section 105(e)''.

     SEC. 204. STUDY ON INVESTMENTS IN COLLECTIBLES.

       (a) Study.--The Secretary of Labor, in consultation with 
     the Secretary of the Treasury, shall study the extent to 
     which pension plans invest in collectibles and whether such 
     investments present a risk to the pension security of the 
     participants and beneficiaries of such plans.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Secretary of Labor shall submit a 
     report to the Congress containing the findings of the study 
     described in subsection (a) and any recommendations for 
     legislative action.

     SEC. 205. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING 
                   LOANS THROUGH CREDIT CARDS AND OTHER 
                   INTERMEDIARIES.

       (a) In General.--Subsection (a) of section 401 of the 
     Internal Revenue Code of 1986 is amended by adding after 
     paragraph (34) the following new paragraph:
       ``(35) Prohibition of loans through credit cards and other 
     intermediaries.--A trust shall not constitute a qualified 
     trust under this section if the plan makes any loan to any 
     beneficiary under the plan through the use of any credit card 
     or any other intermediary.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.

     SEC. 206. MULTIEMPLOYER PLAN BENEFITS GUARANTEED.

       (a) In General.--Section 4022A(c) (29 U.S.C. 1322a(c)) is 
     amended--
       (1) by striking ``$5'' each place it appears in paragraph 
     (1) and inserting ``$11'',
       (2) by striking ``$15'' in paragraph (1) and inserting 
     ``$33'', and
       (3) by striking paragraphs (2), (5), and (6) and by 
     redesignating paragraphs (3) and (4) as paragraphs (2) and 
     (3), respectively.
       (b) Effective Date.--The amendments made by this section 
     shall apply to any multiemployer plan that has not received 
     financial assistance (within the meaning of section 4261 of 
     the Employee Retirement Income Security Act of 1974) within 
     the 1-year period ending on the date of the enactment of this 
     Act.

     SEC. 207. PROHIBITED TRANSACTIONS.

       (a) In General.--Section 502(i) (29 U.S.C. 1132(i)) is 
     amended by striking ``5 percent'' and inserting ``15 
     percent''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to prohibited transactions occurring after the 
     date of the enactment of this Act.

     SEC. 208. SUBSTANTIAL OWNER BENEFITS.

       (a) Modification of Phase-in of Guarantee.--Subparagraphs 
     (B) and (C) of section 4022(b)(5) (29 U.S.C. 1322(b)(5)) are 
     amended to read as follows:
       ``(B) For purposes of this title, the term `majority owner' 
     has the same meaning as substantial owner under subparagraph 
     (A), except that subparagraph (A) shall be applied by 
     substituting `50 percent or more' for `more than 10 percent' 
     each place it appears.
       ``(C) In the case of a participant who is a majority owner, 
     the amount of benefits guaranteed under this section shall 
     not exceed the product of--
       ``(i) a fraction (not to exceed 1) the numerator of which 
     is the number of years from the later of the effective date 
     or the adoption date of the plan to the termination date, and 
     the denominator of which is 30, and
       ``(ii) the amount of the majority owner's monthly benefits 
     guaranteed under subsection (a) (as limited by paragraph (3) 
     of this subsection).''
       (b) Modification of Allocation of Assets.--
       (1) Section 4044(a)(4)(B) (29 U.S.C. 1344(a)(4)(B)) is 
     amended by striking ``section 4022(b)(5)'' and inserting 
     ``section 4022(b)(5)(C)''.
       (2) Section 4044(b) (29 U.S.C. 1344(b)) is amended--
       (A) by striking ``(5)'' in paragraph (2) and inserting 
     ``(4), (5),'', and
       (B) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively, and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) If assets available for allocation under paragraph 
     (4) of subsection (a) are insufficient to satisfy in full the 
     benefits of all individuals who are described in that 
     paragraph, the assets shall be allocated first to benefits 
     described in subparagraph (A) of that paragraph. Any 
     remaining assets shall then be allocated to subparagraph (B). 
     If assets allocated to subparagraph (B) are insufficient to 
     satisfy in full the benefits in that subparagraph, the assets 
     shall be allocated pro rata among individuals on the basis of 
     the present value (as of the termination date) of their 
     respective benefits described in that subparagraph.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan terminations--
       (1) under section 4041(c) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1341(c)) with respect to 
     which notices of intent to terminate are provided under 
     section 4041(a)(2) of such Act (29 U.S.C. 1341(a)(2)) on or 
     after the date of the enactment of this Act, or
       (2) under section 4042 of such Act (29 U.S.C. 1342) with 
     respect to which proceedings are instituted by the 
     corporation on or after such date.

     SEC. 209. REVERSION REPORT.

       (a) In General.--Section 4008 (29 U.S.C. 1308) is amended 
     by adding at the end the following new subsection:
       ``(b) Reversion Report.--As soon as practicable after the 
     close of each fiscal year, the Secretary of Labor (acting in 
     the Secretary's capacity as chairman of the corporation's 
     board) shall transmit to the President and the Congress a 
     report providing information on plans from which residual 
     assets were distributed to employers pursuant to section 
     4044(d).''
       (b) Conforming Amendment.--Section 4008 (29 U.S.C. 1308) is 
     amended by striking ``Sec. 4008.'' and inserting ``Sec. 4008. 
     (a) Annual Report.--''.

[[Page S7273]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to fiscal years beginning after September 30, 
     1998.

                     Subtitle B--ERISA Enforcement

     SEC. 211. CIVIL PENALTIES FOR BREACH OF FIDUCIARY 
                   RESPONSIBILITIES MADE DISCRETIONARY, ETC.

       (a) Imposition and Amount of Penalty Made Discretionary.--
     Section 502(l)(1) (29 U.S.C. 1132(l)) is amended--
       (1) by striking ``shall'' and inserting ``may'', and
       (2) by striking ``equal to'' and inserting ``not greater 
     than''.
       (b) Applicable Recovery Amount.--Section 502(l)(2) (29 
     U.S.C. 1132(l)(2)) is amended to read as follows:
       ``(2) For purposes of paragraph (1), the term `applicable 
     recovery amount' means any amount which is recovered from (or 
     on behalf of) any fiduciary or other person with respect to a 
     breach or violation described in paragraph (1) on or after 
     the 30th day following receipt by such fiduciary or other 
     person of written notice from the Secretary of the violation, 
     whether paid voluntarily or by order of a court in a judicial 
     proceeding instituted by the Secretary under paragraph (2) or 
     (5) of subsection (a). The Secretary may, in the Secretary's 
     sole discretion, extend the 30-day period described in the 
     preceding sentence.''.
       (c) Other Rules.--Section 502(l) is amended by adding at 
     the end the following new paragraphs:
       ``(5) A person shall be jointly and severally liable for 
     the penalty described in paragraph (1) to the same extent 
     that such person is jointly and severally liable for the 
     applicable recovery amount on which the penalty is based.
       ``(6) No penalty shall be assessed under this subsection 
     unless the person against whom the penalty is assessed is 
     given notice and opportunity for a hearing with respect to 
     the violation and applicable recovery amount.''
       (d) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to any breach of fiduciary responsibility or other 
     violation of part 4 of title I of the Employee Retirement 
     Income Security Act of 1974 occurring on or after the date of 
     the enactment of this Act.
       (2) Transition rule.--In applying the amendment made by 
     subsection (b), a breach or other violation occurring before 
     the date of the enactment of this Act which continues after 
     the 180th day after such date (and which may be discontinued 
     at any time during its existence) shall be treated as having 
     occurred on the day after such date of enactment.

     SEC. 212. REPORTING AND ENFORCEMENT REQUIREMENTS FOR EMPLOYEE 
                   BENEFIT PLANS.

       (a) In General.--Part 1 of subtitle B of title I (29 U.S.C. 
     1021 et seq.) is amended--
       (1) by redesignating section 111 as section 112, and
       (2) inserting after section 110 the following new section:


                  ``direct reporting of certain events

       ``Sec. 111. (a) Required Notifications.--
       ``(1) Notifications by plan administrator.--Within 5 
     business days after an administrator of an employee benefit 
     plan determines that there is evidence (or after the 
     administrator is notified under paragraph (2)) that an 
     irregularity may have occurred with respect to the plan, the 
     administrator shall--
       ``(A) notify the Secretary of the irregularity in writing; 
     and
       ``(B) furnish a copy of such notification to the accountant 
     who is currently engaged under section 103(a)(3)(A).
       ``(2) Notifications by accountant.--
       ``(A) In general.--Within 5 business days after an 
     accountant engaged by the administrator of an employee 
     benefit plan under section 103(a)(3)(A) determines in 
     connection with such engagement that there is evidence that 
     an irregularity may have occurred with respect to the plan, 
     the accountant shall--
       ``(i) notify the plan administrator of the irregularity in 
     writing, or
       ``(ii) if the accountant determines that there is evidence 
     that the irregularity may have involved an individual who is 
     the plan administrator or who is a senior official of the 
     plan administrator, notify the Secretary of the irregularity 
     in writing.
       ``(B) Notification upon failure of plan administrator to 
     notify.--If an accountant who has provided notification to 
     the plan administrator pursuant to subparagraph (A)(i) does 
     not receive a copy of the administrator's notification to the 
     Secretary required in paragraph (1) within the 5-business day 
     period specified therein, the accountant shall furnish to the 
     Secretary a copy of the accountant's notification made to the 
     plan administrator on the next business day following such 
     period.
       ``(3) Irregularity defined.--
       ``(A) For purposes of this subsection, the term 
     `irregularity' means--
       ``(i) a theft, embezzlement, or a violation of section 664 
     of title 18, United States Code (relating to theft or 
     embezzlement from an employee benefit plan);
       ``(ii) an extortion or a violation of section 1951 of title 
     18, United States Code (relating to interference with 
     commerce by threats or violence);
       ``(iii) a bribery, a kickback, or a violation of section 
     1954 of title 18, United States Code (relating to offer, 
     acceptance, or solicitation to influence operations of an 
     employee benefit plan);
       ``(iv) a violation of section 1027 of title 18, United 
     States Code (relating to false statements and concealment of 
     facts in relation to employee benefit plan records); or
       ``(v) a violation of section 411, 501, or 511 of this title 
     (relating to criminal violations).
       ``(B) The term `irregularity' does not include any act or 
     omission described in this paragraph involving less than 
     $1,000 unless there is reason to believe that the act or 
     omission may bear on the integrity of plan management.
       ``(b) Notification Upon Termination of Engagement of 
     Accountant.--
       ``(1) Notification by plan administrator.--Within 5 
     business days after the termination of an engagement of an 
     accountant under section 103(a)(3)(A) with respect to an 
     employee benefit plan, the administrator of such plan shall--
       ``(A) notify the Secretary in writing of such termination, 
     giving the reasons for such termination, and
       ``(B) furnish the accountant whose engagement was 
     terminated with a copy of the notification sent to the 
     Secretary.
       ``(2) Notification by accountant.--If the accountant 
     referred to in paragraph (1)(B) has not received a copy of 
     the administrator's notification to the Secretary as required 
     under paragraph (1)(B), or if the accountant disagrees with 
     the reasons given in the notification of termination of the 
     engagement for auditing services, the accountant shall notify 
     the Secretary in writing of the termination, giving the 
     reasons for the termination, within 10 business days after 
     the termination of the engagement.
       ``(c) Determination of Periods Required for Notification.--
     In determining whether a notification required under this 
     section with respect to any act or omission has been made 
     within the required number of business days--
       ``(1) the day on which such act or omission begins shall 
     not be included; and
       ``(2) Saturdays, Sundays, and legal holidays shall not be 
     included.

     For purposes of this subsection, the term `legal holiday' 
     means any Federal legal holiday and any other day appointed 
     as a holiday by the State in which the person responsible for 
     making the notification principally conducts business.
       ``(d) Immunity for Good Faith Notification.--No accountant 
     or plan administrator shall be liable to any person for any 
     finding, conclusion, or statement made in any notification 
     made pursuant to subsection (a)(2) or (b)(2), or pursuant to 
     any regulations issued under those subsections, if the 
     finding, conclusion, or statement is made in good faith.''
       (b) Civil Penalty.--
       (1) In general.--Section 502(c) (29 U.S.C. 1132(c)) is 
     amended by inserting after paragraph (6) the following new 
     paragraph:
       ``(8)(A) The Secretary may assess a civil penalty of up to 
     $50,000 against any administrator who fails to provide the 
     Secretary with any notification as required under section 
     111.
       ``(B) The Secretary may assess a civil penalty of up to 
     $50,000 against any accountant who knowingly and willfully 
     fails to provide the Secretary with any notification as 
     required under section 111.''
       (2) Conforming amendment.--Section 502(a)(6) (29 U.S.C. 
     1132(a)(6)) is amended by striking ``or (6)'' and inserting 
     ``(6), or (8)''.
       (c) Clerical Amendments.--
       (1) Section 514(d) (29 U.S.C. 114(d)) is amended by 
     striking ``111'' and inserting ``112''.
       (2) The table of contents in section 1 is amended by 
     striking the item relating to section 111 and inserting the 
     following new items:

``Sec. 111. Direct reporting of certain events.
``Sec. 112. Repeal and effective date.''
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to any irregularity or termination 
     of engagement described in the amendments only if the 5-day 
     period described in the amendments in connection with the 
     irregularity or termination commences at least 90 days after 
     the date of the enactment of this Act.

     SEC. 213. ADDITIONAL REQUIREMENTS FOR QUALIFIED PUBLIC 
                   ACCOUNTANTS.

       (a) In General.--Section 103(a)(3)(D) (29 U.S.C. 
     1023(a)(3)(D)) is amended--
       (1) by inserting ``(i)'' after ``(D)'';
       (2) by inserting ``, with respect to any engagement of an 
     accountant under subparagraph (A)'' after ``means'';
       (3) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively;
       (4) by striking the period at the end of subclause (III) 
     (as so redesignated) and inserting a comma;
       (5) by adding after and below subclause (III) (as so 
     redesignated), the following: ``but only if such person meets 
     the requirements of clauses (ii) and (iii), with respect to 
     such engagement.''; and
       (6) by adding at the end the following new clauses:
       ``(ii) A person meets the requirements of this clause with 
     respect to an engagement of the person as an accountant under 
     subparagraph (A) if the person--
       ``(I) has in operation an appropriate internal quality 
     control system;
       ``(II) has undergone a qualified external quality control 
     review of the person's accounting and auditing practices, 
     including such practices relevant to employee benefit plans 
     (if any), during the 3-year period immediately preceding such 
     engagement; and
       ``(III) has completed, within the 2 calendar years 
     immediately preceding such engagement, such continuing 
     education or training

[[Page S7274]]

     as the Secretary in regulations determines is necessary to 
     maintain professional proficiency in connection with employee 
     benefit plans.
       ``(iii) A person meets the requirements of this clause with 
     respect to an engagement of the person as an accountant under 
     subparagraph (A) if the person meets such additional 
     requirements and qualifications of regulations which the 
     Secretary deems necessary to ensure the quality of plan 
     audits.
       ``(iv) For purposes of clause (ii)(II), an external quality 
     control review shall be treated as qualified with respect to 
     a person referred to in clause (ii) if--
       ``(I) such review is performed in accordance with the 
     requirements of external quality control review programs of 
     recognized auditing standard setting bodies, as determined in 
     regulations of the Secretary, and
       ``(II) in the case of any such person who has, during the 
     peer review period, conducted 1 or more previous audits of 
     employee benefit plans, such review includes the review of an 
     appropriate number (determined as provided in such 
     regulations, but in no case less than 1) of plan audits in 
     relation to the scale of the person's auditing practice.
       (b) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section apply with respect to plan 
     years beginning on or after the date which is 3 years after 
     the date of the enactment of this Act.
       (2) Restrictions on conducting examinations.--Clause (iii) 
     of section 103(a)(1)(D) of the Employee Retirement Income 
     Security Act of 1974 (as added by subsection (a)(6)) takes 
     effect on the date of enactment of this Act.
       (3) Regulations.--The Secretary shall issue regulations 
     under this section no later than December 31, 1999.

     SEC. 214. INSPECTOR GENERAL STUDY.

       (a) Study.--The Inspector General of the Department of 
     Labor shall conduct a study on the need for regulatory 
     standards and procedures to authorize the Secretary, in 
     appropriate cases, to prohibit persons from serving as 
     qualified accountants for purposes of section 103 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1023).
       (b) Matters To Be Studied.--In conducting the study under 
     this section, the Inspector General shall address whether 
     standards and procedures to prohibit persons from serving as 
     qualified public accountants are likely to improve the 
     quality of employee benefit plan audits, and the potential 
     for increased costs to plans. If the Inspector General 
     concludes that regulations incorporating standards and 
     procedures would be appropriate, the study shall include 
     recommended standards and procedures.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Inspector General shall submit a 
     report on the results of the study conducted pursuant to this 
     section to each house of Congress and the Secretary of Labor.

       Subtitle C--Increase in Excise Tax on Employer Reversions

     SEC. 221. INCREASE IN EXCISE TAX.

       (a) In General.--Section 4980 of the Internal Revenue Code 
     of 1986 (relating to tax on reversion of qualified plan 
     assets to employer) is amended--
       (1) in subsection (a), by striking ``20 percent'' and 
     inserting ``35 percent''; and
       (2) in subsection (d)(1), by striking ``substituting `50 
     percent' for `20 percent' with respect to any employer 
     reversion'' and inserting ``substituting `65 percent' for `35 
     percent' with respect to any employer reversion''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by this section shall apply to reversions 
     occurring after December 31, 1998.
       (2) Exception.--The amendment made by this section shall 
     not apply to any reversion after December 31, 1998, if--
       (A) in the case of plans subject to title IV of the 
     Employee Retirement Income Security Act of 1974, a notice of 
     intent to terminate under such title was provided to 
     participants (or if no participants, to the Pension Benefit 
     Guaranty Corporation) before June 25, 1998,
       (B) in the case of plans subject to title I (and not to 
     title IV) of such Act, a notice of intent to reduce future 
     accruals under section 204(h) of such Act was provided to 
     participants in connection with the termination before June 
     25, 1998,
       (C) in the case of plans not subject to title I or IV of 
     such Act, a request for a determination letter with respect 
     to the termination was filed with the Secretary of the 
     Treasury or the Secretary's delegate before June 25, 1998, or
       (D) in the case of plans not subject to title I or IV of 
     such Act and having only 1 participant, a resolution 
     terminating the plan was adopted by the employer before June 
     25, 1998.

                         TITLE III--PORTABILITY

     SEC. 301. FASTER VESTING OF EMPLOYER MATCHING CONTRIBUTIONS.

       (a) Amendment of Internal Revenue Code.--Paragraph (2) of 
     section 411(a) of the Internal Revenue Code of 1986 (relating 
     to employer contributions) is amended--
       (1) by inserting ``, and, if applicable, (C)'' after ``or 
     (B)'', and
       (2) by adding at the end the following new subparagraph:
       ``(C) Matching contributions.--In the case of a plan that 
     includes an accrued benefit derived from matching 
     contributions (as defined in section 401(m)(4)(A)), the plan 
     satisfies the requirements of this subparagraph if--
       ``(i) an employee who has completed at least 3 years of 
     service has a nonforfeitable right to 100 percent of the 
     employee's accrued benefit derived from such matching 
     contributions, or
       ``(ii) an employee has a nonforfeitable right to a 
     percentage of the employee's accrued benefit derived from 
     employer matching contributions (as so defined) determined 
     under the following table:

                                                     The nonforfeitable
``Years of service:                                      percentage is:
  2.............................................................20 ....

  3.............................................................40 ....

  4.............................................................60 ....

  5.............................................................80 ....

  6..........................................................100.''....

       (b) Amendment of ERISA.--Paragraph (2) of section 203(a) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1053(a)) is amended--
       (1) by inserting ``, and, if applicable, (C)'' after ``or 
     (B)'', and
       (2) by adding at the end the following new subparagraph:
       ``(C) Matching contributions.--In the case of a plan that 
     includes an accrued benefit derived from matching 
     contributions (as defined in section 401(m)(4)(A) of the 
     Internal Revenue Code of 1986), the plan satisfies the 
     requirements of this subparagraph if--
       ``(i) an employee who has completed at least 3 years of 
     service has a nonforfeitable right to 100 percent of the 
     employee's accrued benefit derived from such matching 
     contributions, or
       ``(ii) an employee has a nonforfeitable right to a 
     percentage of the employee's accrued benefit derived from 
     employer matching contributions (as so defined) determined 
     under the following table:

                                                     The nonforfeitable
``Years of service:                                      percentage is:
  2.............................................................20 ....

  3.............................................................40 ....

  4.............................................................60 ....

  5.............................................................80 ....

  6..........................................................100.''....

       (c) Effective Date.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the amendments made by this section shall apply to plan 
     years beginning after December 31, 1998.
       (2) Application to current employees.--The amendments made 
     by this section shall not apply to any employee who does not 
     have at least 1 hour of service in any plan year beginning 
     after December 31, 1998.
       (3) Collective bargaining agreements.--In the case of a 
     plan maintained pursuant to 1 or more collective bargaining 
     agreements between employee representatives and 1 or more 
     employers ratified by the date of the enactment of this Act, 
     the amendments made by this section shall not apply to 
     employees covered by any such agreement in plan years 
     beginning before the earlier of--
       (A) the later of--
       (i) the date on which the last of such collective 
     bargaining agreements terminates (determined without regard 
     to any extension thereof on or after such date of enactment), 
     or
       (ii) January 1, 1999, or
       (B) January 1, 2003.

     SEC. 302. RATIONALIZATION OF THE RESTRICTIONS ON 
                   DISTRIBUTIONS FROM 401(K) PLANS.

       (a) In General.--Section 401(k)(2)(B)(i)(I) of the Internal 
     Revenue Code of 1986 (relating to qualified cash or deferred 
     arrangements) is amended by striking ``separation from 
     service'' and inserting ``severance from employment''.
       (b) Business Sale Requirements Deleted.--
       (1) In general.--Section 401(k)(2)(B)(i)(II) of the 
     Internal Revenue Code of 1986 (relating to qualified cash or 
     deferred arrangements) is amended by striking ``an event'' 
     and inserting ``a plan termination''.
       (2) Conforming amendments.--Section 401(k)(10) of such Code 
     is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--A plan termination is described in this 
     paragraph if the termination of the plan is without 
     establishment or maintenance of another defined contribution 
     plan (other than an employee stock ownership plan as defined 
     in section 4975(e)(7)).'',
       (B) by striking subparagraph (C), and
       (C) by striking ``or disposition of assets or subsidiary'' 
     in the heading.
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions after December 31, 1998.

     SEC. 303. TREATMENT OF TRANSFERS BETWEEN DEFINED CONTRIBUTION 
                   PLANS.

       (a) In General.--Section 411(d)(6) of the Internal Revenue 
     Code of 1986 (relating to accrued benefit not to be decreased 
     by amendment) is amended by adding at the end the following 
     new subparagraph:
       ``(D) Plan transfers.--A defined contribution plan (in this 
     subparagraph referred to as the `transferee plan') shall not 
     be treated as failing to meet the requirements of this 
     paragraph merely because the transferee plan does not provide 
     some or all of the forms of distribution previously available 
     under another defined contribution plan (in this subparagraph 
     referred to as the `transferor plan') to the extent that--
       ``(i) the forms of distribution previously available under 
     the transferor plan applied to the account of a participant 
     or beneficiary

[[Page S7275]]

     under the transferor plan that was transferred from the 
     transferor plan to the transferee plan pursuant to a direct 
     transfer rather than pursuant to a distribution from the 
     transferor plan,
       ``(ii) the terms of both the transferor plan and the 
     transferee plan authorize the transfer described in clause 
     (i),
       ``(iii) the transfer described in clause (i) was made 
     pursuant to a voluntary election by the participant or 
     beneficiary whose account was transferred to the transferee 
     plan,
       ``(iv) the election described in clause (iii) was made 
     after the participant or beneficiary received a notice 
     describing the consequences of making the election,
       ``(v) if the transferor plan provides for an annuity as the 
     normal form of distribution under the plan in accordance with 
     section 417, the transfer is made with the consent of the 
     participant's spouse (if any), and such consent meets 
     requirements similar to the requirements imposed by section 
     417(a)(2), and
       ``(vi) the transferee plan allows the participant or 
     beneficiary described in clause (iii) to receive any 
     distribution to which the participant or beneficiary is 
     entitled under transferee plan in the form of a single sum 
     distribution.''
       (b) Conforming Amendment.--Section 204(g) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)) is 
     amended by adding at the end the following new paragraph:
       ``(4) A defined contribution plan (in this paragraph 
     referred to as the `transferee plan') shall not be treated as 
     failing to meet the requirements of this subsection merely 
     because the transferee plan does not provide some or all of 
     the forms of distribution previously available under another 
     defined contribution plan (in this paragraph referred to as 
     the `transferor plan') to the extent that--
       ``(A) the forms of distribution previously available under 
     the transferor plan applied to the account of a participant 
     or beneficiary under the transferor plan that was transferred 
     from the transferor plan to the transferee plan pursuant to a 
     direct transfer rather than pursuant to a distribution from 
     the transferor plan,
       ``(B) the terms of both the transferor plan and the 
     transferee plan authorize the transfer described in 
     subparagraph (A),
       ``(C) the transfer described in subparagraph (A) was made 
     pursuant to a voluntary election by the participant or 
     beneficiary whose account was transferred to the transferee 
     plan,
       ``(D) the election described in subparagraph (C) was made 
     after the participant or beneficiary received a notice 
     describing the consequences of making the election,
       ``(E) if the transferor plan provides for an annuity as the 
     normal form of distribution under the plan in accordance with 
     section 205, the transfer is made with the consent of the 
     participant's spouse (if any), and such consent meets 
     requirements similar to the requirements imposed by section 
     205(c)(2), and
       ``(F) the transferee plan allows the participant or 
     beneficiary described in subparagraph (C) to receive any 
     distribution to which the participant or beneficiary is 
     entitled under transferee plan in the form of a single sum 
     distribution.''
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers after December 31, 1998.

     SEC. 304. MISSING PARTICIPANTS.

       (a) In General.--Section 4050 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1350) is amended by 
     redesignating subsection (c) as subsection (e) and by 
     inserting after subsection (b) the following new subsections:
       ``(c) Multiemployer Plans.--The corporation shall prescribe 
     rules similar to the rules in subsection (a) for 
     multiemployer plans covered by this title that terminate 
     under section 4041A.
       ``(d) Plans Not Otherwise Subject to Title.--
       ``(1) Transfer to corporation.--The plan administrator of a 
     plan described in paragraph (4) may elect to transfer a 
     missing participant's benefits to the corporation upon 
     termination of the plan.
       ``(2) Information to the corporation.--To the extent 
     provided in regulations, the plan administrator of a plan 
     described in paragraph (4) shall, upon termination of the 
     plan, provide the corporation information with respect to 
     benefits of a missing participant if the plan transfers such 
     benefits--
       ``(A) to the corporation, or
       ``(B) to an entity other than the corporation or a plan 
     described in paragraph (4)(B)(ii).
       ``(3) Payment by the corporation.--If benefits of a missing 
     participant were transferred to the corporation under 
     paragraph (1), the corporation shall, upon location of the 
     participant or beneficiary, pay to the participant or 
     beneficiary the amount transferred (or the appropriate 
     survivor benefit) either--
       ``(A) in a single sum (plus interest), or
       ``(B) in such other form as is specified in regulations of 
     the corporation.
       ``(4) Plans described.--A plan is described in this 
     paragraph if--
       ``(A) the plan is a pension plan (within the meaning of 
     section 3(2))--
       ``(i) to which the provisions of this section do not apply 
     (without regard to this subsection), and
       ``(ii) which is not a plan described in paragraphs (2) 
     through (11) of section 4021(b), and
       ``(B) at the time the assets are to be distributed upon 
     termination, the plan--
       ``(i) has missing participants, and
       ``(ii) has not provided for the transfer of assets to pay 
     the benefits of all missing participants to another pension 
     plan (within the meaning of section 3(2)).
       ``(5) Certain provisions not to apply.--Subsections (a)(1) 
     and (a)(3) shall not apply to a plan described in paragraph 
     (4).''
       (b) Conforming Amendments.--
       (1) Section 206(f) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1056(f)) is amended--
       (A) by striking ``title IV'' and inserting ``section 
     4050'', and
       (B) by striking ``the plan shall provide that,''.
       (2) Section 401(a)(34) of the Internal Revenue Code of 1986 
     (relating to benefits of missing participants on plan 
     termination) is amended by striking ``title IV'' and 
     inserting ``section 4050''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions made after final regulations 
     implementing subsections (c) and (d) of section 4050 of the 
     Employee Retirement Income Security Act of 1974 (as added by 
     subsection (a)), respectively, are prescribed.

     SEC. 305. ALLOWANCE OF ROLLOVERS FROM AND TO 403(B) PLANS.

       (a) Rollovers From Section 403(b) Plans.--Section 
     403(b)(8)(A)(ii) of the Internal Revenue Code of 1986 
     (relating to rollover amounts) is amended by striking ``such 
     distribution'' and all that follows and inserting ``such 
     distribution to an eligible retirement plan described in 
     section 402(c)(8)(B), and''.
       (b) Rollovers to Section 403(b) Plans.--Section 
     402(c)(8)(B) of such Code (defining eligible retirement plan) 
     is amended by striking ``and'' at the end of clause (ii), by 
     striking the period at the end of clause (iv) and inserting 
     ``, and'', and by adding at the end the following:
       ``(v) an annuity contract described in section 403(b).''
       (c) Conforming Amendments.--
       (1) Section 72(o)(4) of such Code is amended by striking 
     ``and 408(d)(3)'' and inserting ``403(b)(8), and 408(d)(3)''.
       (2) Section 401(a)(31)(B) of such Code is amended by 
     striking ``and 403(a)(4)'' and inserting ``, 403(a)(4), and 
     403(b)(8)''.
       (3) Subparagraph (B) of section 403(b)(8) of such Code is 
     amended by inserting ``and (9)'' after ``through (7)''.
       (4) Subparagraphs (A) and (B) of section 415(b)(2) of such 
     Code are each amended by striking ``and 408(d)(3)'' and 
     inserting ``403(b)(8), and 408(d)(3)''.
       (d) Effective Date; Special Rule.--
       (1) Effective date.--The amendments made by this section 
     shall apply to distributions after December 31, 1998.
       (2) Special rule.--Notwithstanding any other provision of 
     law, subsections (h)(3) and (h)(5) of section 1122 of the Tax 
     Reform Act of 1986 shall not apply to any distribution from 
     an eligible retirement plan on behalf of an individual if 
     there was a rollover to such plan on behalf of such 
     individual which is permitted solely by reason of any 
     amendment made by this section.

     SEC. 306. ROLLOVER CONTRIBUTIONS FROM DEFERRED COMPENSATION 
                   PLANS OF STATE AND LOCAL GOVERNMENTS.

       (a) Rollovers From Section 457 Plans.--
       (1) In general.--Section 457(e) of the Internal Revenue 
     Code of 1986 (relating to other definitions and special 
     rules) is amended by adding at the end the following:
       ``(16) Rollover amounts.--
       ``(A) General rule.--In the case of an eligible deferred 
     compensation plan of an eligible employer described in 
     paragraph (1)(A), if--
       ``(i) any portion of the balance to the credit of an 
     employee in such plan is paid to such employee in a rollover 
     distribution (other than a distribution described in 
     subsection (d)(1)(A)(iii) or in subparagraph (A) or (B) of 
     section 402(c)(4)),
       ``(ii) the employee transfers any portion of the property 
     such employee receives in such distribution to an individual 
     retirement plan (as defined in section 7701(a)(37), and
       ``(iii) in the case of a distribution of property other 
     than money, the amount so transferred consists of the 
     property distributed,

     then such distribution (to the extent so transferred) shall 
     not be includible in gross income for the taxable year in 
     which paid.
       ``(B) Certain rules made applicable.--Rules similar to the 
     rules of section 401(a)(31), paragraphs (2), (3), (5), (6), 
     (7), and (9) of section 402(c), and section 402(f) shall 
     apply for purposes of subparagraph (A).''
       (2) Distribution requirements.--Section 457(d)(1)(A) of 
     such Code (relating to distribution requirements) is amended 
     by inserting ``except as provided in subsection (e)(16),'' 
     after ``(A)''.
       (3) Conforming amendments.--
       (A) Section 72(o)(4) of such Code is amended--
       (i) by striking ``and 408(d)(3)'' and inserting 
     ``408(d)(3), and 457(e)(16)'',
       (ii) by inserting ``or excludable'' after ``deductible'' 
     each place it appears, and
       (iii) in the heading by inserting ``or Excludable'' after 
     ``Deductible''.
       (B) Section 219(d)(2) of such Code is amended by striking 
     ``or 408(d)(3)'' and inserting ``408(d)(3), or 457(e)(16)''.
       (C) Section 401(a)(31)(B) of such Code is amended by 
     striking ``and 403(b)(8)'' and inserting ``, 403(b)(8), and 
     457(e)(16)''.
       (D) Paragraph (4) of section 402(c) of such Code is amended 
     by inserting ``or in an eligible deferred compensation plan 
     (as defined in

[[Page S7276]]

     section 457(b)) of an eligible employer described in section 
     457(e)(1)(A)'' after ``qualified trust''.
       (E) Section 408(a)(1) of such Code is amended by striking 
     ``or 403(b)(8)'' and inserting ``, 403(b)(8), or 
     457(e)(16)''.
       (F) Section 408(d)(3)(A)(ii) of such Code is amended by 
     striking ``or'' after ``501(a)'' and inserting a comma, and 
     by inserting ``, or from an eligible deferred compensation 
     plan described in section 457(b)'' after ``contribution)''.
       (G) Subparagraphs (A) and (B) of section 415(b)(2) of such 
     Code are each amended by striking ``and 408(d)(3)'' and 
     inserting ``408(d)(3), and 457(e)(16)''.
       (H) Section 4973(b)(1)(A) of such Code is amended by 
     striking ``or 408(d)(3)'' and inserting ``408(d)(3), or 
     457(e)(16)''.
       (d) Effective Date; Special Rule.--
       (1) Effective date.--The amendments made by this section 
     shall apply to distributions after December 31, 1998.
       (2) Special rule.--Notwithstanding any other provision of 
     law, subsections (h)(3) and (h)(5) of section 1122 of the Tax 
     Reform Act of 1986 shall not apply to any distribution from 
     an individual retirement plan on behalf of an individual if 
     there was a rollover to such plan on behalf of such 
     individual which is permitted solely by reason of any 
     amendment made by this section.

     SEC. 307. EXTENSION OF 60-DAY ROLLOVER PERIOD IN THE CASE OF 
                   PRESIDENTIALLY DECLARED DISASTERS AND SERVICE 
                   IN COMBAT ZONE.

       (a) In General.--Paragraph (1) of section 7508(a) of the 
     Internal Revenue Code of 1986 (relating to time postponed for 
     performing certain acts) is amended by striking ``and'' at 
     the end of subparagraph (J), by redesignating subparagraph 
     (K) as subparagraph (L), and by inserting after subparagraph 
     (J) the following new subparagraph:
       ``(K) Rollover of any distribution within the 60-day period 
     specified in section 402(c)(3) or 408(d)(3)(A); and''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made after December 31, 1998.

     SEC. 308. PURCHASE OF SERVICE CREDIT IN GOVERNMENTAL DEFINED 
                   BENEFIT PLANS.

       (a) 403(b) Plans.--Subsection (b) of section 403 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(13) Trustee-to-trustee transfers to purchase permissive 
     service credit.--No amount shall be includible in gross 
     income by reason of a direct trustee-to-trustee transfer to a 
     defined benefit governmental plan (as defined in section 
     414(d)) if such transfer is--
       ``(A) for the purchase of permissive service credit (as 
     defined in section 415(n)(3)(A)) under such plan, or
       ``(B) a repayment to which section 415 does not apply by 
     reason of subsection (k)(3) thereof.''
       (b) 457 Plans.--Subsection (e) of section 457 of such Code, 
     as amended by section 306, is amended by adding at the end 
     the following new paragraph:
       ``(17) Trustee-to-trustee transfers to purchase permissive 
     service credit.--No amount shall be includible in gross 
     income by reason of a direct trustee-to-trustee transfer to a 
     defined benefit governmental plan (as defined in section 
     414(d)) if such transfer is--
       ``(A) for the purchase of permissive service credit (as 
     defined in section 415(n)(3)(A)) under such plan, or
       ``(B) a repayment to which section 415 does not apply by 
     reason of subsection (k)(3) thereof.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to trustee-to-trustee transfers after December 
     31, 1998.

           TITLE IV--COMPREHENSIVE WOMEN'S PENSION PROTECTION

                       Subtitle A--Pension Reform

     SEC. 401. PENSION RIGHT TO KNOW PROPOSALS.

       (a) Spouse's Right To Know Distribution Information.--
       (1) Amendment of internal revenue code.--Paragraph (3) of 
     section 417(a) of the Internal Revenue Code of 1986 (relating 
     to definitions and special rules for purposes of minimum 
     survivor annuity requirements) is amended by adding at the 
     end the following new subparagraph:
       ``(C) Explanation to spouse.--At the time a plan provides a 
     participant with a written explanation under subparagraph (A) 
     or (B), such plan shall provide a copy of such explanation to 
     such participant's spouse. If the last known address of the 
     spouse is the same as the last known address of the 
     participant, the requirement of the preceding sentence shall 
     be treated as met if the copy referred to in the preceding 
     sentence is included in a single mailing made to such address 
     and addressed to both such participant and spouse.''
       (2) Amendment of erisa.--Paragraph (3) of section 205(c) of 
     Employee Retirement Income Security Act of 1974 is amended by 
     adding at the end the following new subparagraph:
       ``(C) Explanation to spouse.--At the time a plan provides a 
     participant with a written explanation under subparagraph (A) 
     or (B), such plan shall provide a copy of such explanation to 
     such participant's spouse. If the last known address of the 
     spouse is the same as the last known address of the 
     participant, the requirement of the preceding sentence shall 
     be treated as met if the copy referred to in the preceding 
     sentence is included in a single mailing made to such address 
     and addressed to both such participant and spouse.''
       (b) Employee's Right To Know of Opportunity for Elective 
     Contributions Under 401(k) Plans.--Subparagraph (D) of 
     section 401(k)(12) of the Internal Revenue Code of 1986 
     (relating to notice requirements) is amended--
       (1) by striking ``, within a reasonable period before any 
     year,'' and inserting ``before the 60th day before the 
     beginning of any year'', and
       (2) by adding at the end the following new flush sentence:

     ``The requirements of paragraph (11)(B)(iii) shall apply for 
     purposes of this subparagraph.''

     SEC. 402. WOMEN'S PENSION TOLL-FREE PHONE NUMBER.

       (a) In General.--The Secretary of Labor shall contract with 
     an independent organization to create a women's pension toll-
     free telephone number and contact to serve as--
       (1) a resource for women on pension questions and issues;
       (2) a source for referrals to appropriate agencies; and
       (3) a source for printed information.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $1,000,000 for each of the fiscal years 
     1999, 2000, 2001, and 2002 to carry out subsection (a).

     SEC. 403. MODIFICATION OF GOVERNMENT PENSION OFFSET.

       (a) Wife's Insurance Benefits.--Section 202(b)(4)(A) of the 
     Social Security Act (42 U.S.C. 402(b)(4)(A)) is amended--
       (1) by inserting ``the amount (if any) by which the sum of 
     such benefit (before reduction under this paragraph) and'' 
     after ``two-thirds of ''; and
       (2) by inserting ``exceeds the amount described in 
     subsection (z) for such month,'' before ``if ''.
       (b) Husband's Insurance Benefits.--Section 202(c)(2)(A) of 
     such Act (42 U.S.C. 402(c)(2)(A)) is amended--
       (1) by inserting ``the amount (if any) by which the sum of 
     such benefit (before reduction under this paragraph) and'' 
     after ``two-thirds of ''; and
       (2) by inserting ``exceeds the amount described in 
     subsection (z) for such month,'' before ``if ''.
       (c) Widow's Insurance Benefits.--Section 202(e)(7)(A) of 
     such Act (42 U.S.C. 402(e)(7)(A)) is amended--
       (1) by inserting ``the amount (if any) by which the sum of 
     such benefit (before reduction under this paragraph) and'' 
     after ``two-thirds of ''; and
       (2) by inserting ``exceeds the amount described in 
     subsection (z) for such month,'' before ``if ''.
       (d) Widower's Insurance Benefits.--Section 202(f)(2)(A) of 
     such Act (42 U.S.C. 402(f)(2)(A)) is amended--
       (1) by inserting ``the amount (if any) by which the sum of 
     such benefit (before reduction under this paragraph) and'' 
     after ``two-thirds of ''; and
       (2) by inserting ``exceeds the amount described in 
     subsection (z) for such month,'' before ``if ''.
       (e) Mother's and Father's Insurance Benefits.--Section 
     202(g)(4)(A) of such Act (42 U.S.C. 402(g)(4)(A)) is 
     amended--
       (1) by inserting ``the amount (if any) by which the sum of 
     such benefit (before reduction under this paragraph) and'' 
     after ``two-thirds of ''; and
       (2) by inserting ``exceeds the amount described in 
     subsection (z) for such month,'' before ``if ''.
       (f) Amount Described.--Section 202 of such Act (42 U.S.C. 
     402) is amended by adding at the end the following:
       ``(z) The amount described in this subsection is, for 
     months in each 12-month period beginning in December of 1998, 
     and each succeeding calendar year, the greater of--
       ``(1) $1200; or
       ``(2) the amount applicable for months in the preceding 12-
     month period, increased by the cost-of-living adjustment for 
     such period determined for an annuity under section 8340 of 
     title 5, United States Code (without regard to any other 
     provision of law).''
       (g) Limitations on Reductions in Benefits.--Section 202 of 
     such Act (42 U.S.C. 402), as amended by subsection (f), is 
     amended by adding at the end the following:
       ``(aa) For any month after December 1998, in no event shall 
     an individual receive a reduction in a benefit under 
     subsection (b)(4)(A), (c)(2)(A), (e)(7)(A), (f)(2)(A), or 
     (g)(4)(A) for the month that is more than the reduction in 
     such benefit that would have applied for such month under 
     such subsections as in effect on December 1, 1998.''
       (h) Effective Date.--The amendments made by this section 
     shall apply with respect to monthly insurance benefits 
     payable under title II of the Social Security Act for months 
     after December 1998.

     SEC. 404. PERIODS OF FAMILY AND MEDICAL LEAVE TREATED AS 
                   HOURS OF SERVICE FOR PENSION PARTICIPATION AND 
                   VESTING.

       (a) Amendments of Internal Revenue Code.--
       (1) Participation.--
       (A) In general.--Paragraph (3) of section 410(a) of the 
     Internal Revenue Code of 1986 (relating to minimum 
     participation standards) is amended by adding at the end the 
     following new subparagraph:
       ``(E) Family and medical leave treated as service.--

[[Page S7277]]

       ``(i) In general.--For purposes of this subsection, in the 
     case of an individual who is absent from work on leave 
     required to be given to such individual under the Family and 
     Medical Leave Act of 1993, the plan shall treat as hours of 
     service--

       ``(I) the hours of service which otherwise would normally 
     have been credited to such individual but for such absence, 
     or
       ``(II) in any case in which the plan is unable to determine 
     the hours described in subclause (I), 8 hours of service per 
     day of absence.

       ``(ii) Year to which hours are credited.--The hours 
     described in clause (i) shall be treated as hours of service 
     as provided in this subparagraph--

       ``(I) only in the year in which the absence from work 
     begins, if a participant would have a year of service solely 
     because the period of absence is treated as hours of service 
     as provided in clause (i); or
       ``(II) in any other case, in the immediately following 
     year.''

       (B) Coordination with treatment of maternity and paternity 
     absences under break in service rules.--Subparagraph (E) of 
     section 410(a)(5) of such Code is amended--
       (i) by inserting ``not under family and medical leave act 
     of 1993'' after ``absences'' in the heading, and
       (ii) by adding at the end of clause (i) the following new 
     sentence: ``The preceding sentence shall apply to an absence 
     from work only if no part of such absence is required to be 
     given under the Family and Medical Leave Act of 1993.''
       (2) Vesting.--
       (A) In general.--Paragraph (5) of section 411(a) of such 
     Code (relating to minimum vesting standards) is amended by 
     adding at the end the following new subparagraph:
       ``(E) Family and medical leave treated as service.--
       ``(i) In general.--For purposes of this subsection, in the 
     case of an individual who is absent from work on leave 
     required to be given to such individual under the Family and 
     Medical Leave Act of 1993, the plan shall treat as hours of 
     service--

       ``(I) the hours of service which otherwise would normally 
     have been credited to such individual but for such absence, 
     or
       ``(II) in any case in which the plan is unable to determine 
     the hours described in subclause (I), 8 hours of service per 
     day of absence.

       ``(ii) Year to which hours are credited.--The hours 
     described in clause (i) shall be treated as hours of service 
     as provided in this subparagraph--

       ``(I) only in the year in which the absence from work 
     begins, if a participant would have a year of service solely 
     because the period of absence is treated as hours of service 
     as provided in clause (i); or
       ``(II) in any other case, in the immediately following 
     year.''

       (B) Coordination with treatment of maternity and paternity 
     absences under break in service rules.--Subparagraph (E) of 
     section 411(a)(6) of such Code is amended--
       (i) by inserting ``not under family and medical leave act 
     of 1993'' after ``absences'' in the heading, and
       (ii) by adding at the end of clause (i) the following new 
     sentence: ``The preceding sentence shall apply to an absence 
     from work only if no part of such absence is required to be 
     given under the Family and Medical Leave Act of 1993.''
       (b) Amendments of ERISA.--
       (1) Participation.--
       (A) In general.--Paragraph (3) of section 202(a) of the 
     Employee Retirement Income Security Act of 1974 (relating to 
     minimum participation standards) is amended by adding at the 
     end the following new subparagraph:
       ``(E)(i) For purposes of this subsection, in the case of an 
     individual who is absent from work on leave required to be 
     given to such individual under the Family and Medical Leave 
     Act of 1993, the plan shall treat as hours of service--
       ``(I) the hours of service which otherwise would normally 
     have been credited to such individual but for such absence, 
     or
       ``(II) in any case in which the plan is unable to determine 
     the hours described in subclause (I), 8 hours of service per 
     day of absence.
       ``(ii) The hours described in clause (i) shall be treated 
     as hours of service as provided in this subparagraph--
       ``(I) only in the year in which the absence from work 
     begins, if a participant would have a year of service solely 
     because the period of absence is treated as hours of service 
     as provided in clause (i); or
       ``(II) in any other case, in the immediately following 
     year.''
       (B) Coordination with treatment of maternity and paternity 
     absences under break in service rules.--Subparagraph (A) of 
     section 202(b)(5) of such Act is amended by adding at the end 
     of clause (i) the following new sentence: ``The preceding 
     sentence shall apply to an absence from work only if no part 
     of such absence is required to be given under the Family and 
     Medical Leave Act of 1993.''
       (2) Vesting.--
       (A) In general.--Paragraph (2) of section 203(b) of such 
     Act (relating to minimum vesting standards) is amended by 
     adding at the end the following new subparagraph:
       ``(E)(i) For purposes of this subsection, in the case of an 
     individual who is absent from work on leave required to be 
     given to such individual under the Family and Medical Leave 
     Act of 1993, the plan shall treat as hours of service--
       ``(I) the hours of service which otherwise would normally 
     have been credited to such individual but for such absence, 
     or
       ``(II) in any case in which the plan is unable to determine 
     the hours described in subclause (I), 8 hours of service per 
     day of absence.
       ``(ii) The hours described in clause (i) shall be treated 
     as hours of service as provided in this subparagraph--
       ``(I) only in the year in which the absence from work 
     begins, if a participant would have a year of service solely 
     because the period of absence is treated as hours of service 
     as provided in clause (i); or
       ``(II) in any other case, in the immediately following 
     year.''
       (B) Coordination with treatment of maternity and paternity 
     absences under break in service rules.--Clause (i) of section 
     203(b)(3)(E) of such Act is amended by adding at the end of 
     clause (i) the following new sentence: ``The preceding 
     sentence shall apply to an absence from work only if no part 
     of such absence is required to be given under the Family and 
     Medical Leave Act of 1993.''

     SEC. 405. PENSION INTEGRATION RULES.

       (a) Applicability of New Integration Rules Extended to All 
     Existing Accrued Benefits.--Notwithstanding subsection (c)(1) 
     of section 1111 of the Tax Reform Act of 1986 (relating to 
     effective date of application of nondiscrimination rules to 
     integrated plans) (100 Stat. 2440), effective for plan years 
     beginning after the date of the enactment of this Act, the 
     amendments made by subsection (a) of such section 1111 shall 
     also apply to benefits attributable to plan years beginning 
     on or before December 31, 1988.
       (b) Integration Disallowed for Simplified Employee 
     Pensions.--
       (1) In general.--Subparagraph (D) of section 408(k)(3) of 
     the Internal Revenue Code of 1986 (relating to permitted 
     disparity under rules limiting discrimination under 
     simplified employee pensions) is repealed.
       (2) Conforming amendment.--Subparagraph (C) of such section 
     408(k)(3) is amended by striking ``and except as provided in 
     subparagraph (D),''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to taxable years beginning on or 
     after January 1, 1998.
       (c) Eventual Repeal of Integration Rules.--Effective for 
     plan years beginning on or after January 1, 2004--
       (1) subparagraphs (C) and (D) of section 401(a)(5) of the 
     Internal Revenue Code of 1986 (relating to pension 
     integration exceptions under nondiscrimination requirements 
     for qualification) are repealed, and subparagraph (E) of such 
     section 401(a)(5) is redesignated as subparagraph (C); and
       (2) subsection (l) of section 401 of such Code (relating to 
     nondiscriminatory coordination of defined contribution plans 
     with OASDI) is repealed.

     SEC. 406. DIVISION OF PENSION BENEFITS UPON DIVORCE.

       (a) Amendments to the Internal Revenue Code of 1986.--
     Section 414(p) of the Internal Revenue Code of 1986 (relating 
     to qualified domestic relations order defined) is amended by 
     redesignating paragraph (12) as paragraph (13) and by adding 
     at the end the following new paragraph:
       ``(12) Special rules and procedures for domestic relations 
     orders not specifying division of pension benefits.--
       ``(A) In general.--If--
       ``(i) a domestic relations order (including an annulment or 
     other order of marital dissolution) relates to provision of 
     marital property with respect to a marriage of at least 5 
     years duration between the participant and the former spouse,
       ``(ii)(I) such order (and any prior order) does not 
     specifically provide that pension benefits were considered by 
     the parties and no division is intended, and
       ``(II) such order is not a qualified domestic relations 
     order without regard to this paragraph and there is no other 
     prior qualified domestic relations order issued in connection 
     with the dissolution of the marriage to which such order 
     relates, and
       ``(iii) the former spouse notifies a plan within the period 
     prescribed under subparagraph (C) that the former spouse is 
     entitled to benefits under the plan in accordance with the 
     provisions of this paragraph,

     then such domestic relations order shall be treated as a 
     qualified domestic relations order for purposes of this 
     subsection and section 401(a)(13).
       ``(B) Amount of benefit.--
       ``(i) In general.--Any domestic relations order treated as 
     a qualified domestic relations order under subparagraph (A) 
     shall be treated as specifying that the former spouse is 
     entitled to the applicable percentage of the marital share of 
     the participant's accrued benefit.
       ``(ii) Marital share.--For purposes of clause (i), the 
     marital share of a participant's accrued benefit is an amount 
     equal to the product of--

       ``(I) such benefit as of the date of the first payment 
     under the plan (to the extent such accrued benefit is vested 
     at the date of the divorce or any later date), and
       ``(II) a fraction the numerator of which is the period of 
     participation by the participant under the plan starting with 
     the date of marriage and ending with the date of divorce, and 
     the denominator of which is the total period of participation 
     by the participant under the plan.

[[Page S7278]]

       ``(iii) Applicable percentage.--For purposes of this 
     subparagraph, the applicable percentage is--

       ``(I) except as provided in subclause (II), 50 percent, and
       ``(II) in the case of a participant who fails to provide 
     the plan with notice of a domestic relations order within the 
     time prescribed under subparagraph (C), 67 percent.

       ``(C) Notice requirements.--
       ``(i) Notice by employee.--Each employee who is a 
     participant in a pension plan shall, within 60 days after the 
     dissolution of the marriage of the employee--

       ``(I) notify the plan administrator of the plan of such 
     dissolution, and
       ``(II) provide to the plan administrator a copy of the 
     domestic relations order (including an annulment or other 
     order of marital dissolution) providing for such dissolution 
     and the last known address of the employee's former spouse.

       ``(ii) Notice by plan administrator.--Each plan 
     administrator receiving notice under clause (i) shall 
     promptly notify the former spouse of a participant of such 
     spouse's rights under this paragraph, including the time 
     period within which such spouse is required to notify the 
     plan of the spouse's intention to claim rights under this 
     paragraph.
       ``(iii) Notice by former spouse.--A former spouse may 
     notify the plan administrator of such spouse's intent to 
     claim rights under this paragraph at any time before the last 
     day of the 1-year period following receipt of notice under 
     clause (ii).
       ``(iv) Coordination with plan procedures.--The 
     determination under paragraph (6)(A)(ii) with respect to a 
     domestic relations order to which this paragraph applies 
     shall be made within a reasonable period of time after the 
     plan administrator receives the notice described in clause 
     (iii).
       ``(D) Interpretation as qualified domestic relations 
     order.--Each plan shall establish reasonable rules for 
     determining how any such deemed domestic relations order is 
     to be interpreted under the plan so as to constitute a 
     qualified domestic relations order that satisfies paragraphs 
     (2) through (4) (and a copy of such rules shall be provided 
     to such former spouse promptly after delivery of the divorce 
     decree). Such rules--
       ``(i) may delay the effect of such an order until the 
     earlier of the date the participant is fully vested or has 
     terminated employment,
       ``(ii) may allow the former spouse to be paid out 
     immediately,
       ``(iii) shall permit the former spouse to be paid not later 
     than the earliest retirement age under the plan or the 
     participant's death,
       ``(iv) may require the submitter of the divorce decree to 
     present a marriage certificate or other evidence of the 
     marriage date to assist in benefit calculations, and
       ``(v) may conform to the rules applicable to qualified 
     domestic relations orders regarding form or type of 
     benefit.''
       (b) Amendments to the Employee Retirement Income Security 
     Act of 1974.--Section 206(d)(3) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1056(d)(3)) is amended 
     by redesignating subparagraph (N) as subparagraph (O) and by 
     inserting after subparagraph (M) the following new 
     subparagraph:
       ``(N) Special rules and procedures for domestic relations 
     orders not specifying division of pension benefits.--
       ``(i) In general.--If--

       ``(I) a domestic relations order (including an annulment or 
     other order of marital dissolution) relates to provision of 
     marital property with respect to a marriage of at least 5 
     years duration between the participant and the former spouse,
       ``(II)(aa) such order (and any prior order) does not 
     specifically provide that pension benefits were considered by 
     the parties and no division is intended, or
       ``(bb) such order is a qualified domestic relations order 
     without regard to this subparagraph or there is no other 
     prior qualified domestic relations order issued in connection 
     with the dissolution of the marriage to which such order 
     relates, and
       ``(III) the former spouse notifies a plan within the period 
     prescribed under clause (iii) that the former spouse is 
     entitled to benefits under the plan in accordance with the 
     provisions of this subparagraph,

     then such domestic relations order shall be treated as a 
     qualified domestic relations order for purposes of this 
     paragraph.
       ``(ii) Amount of benefit.--

       ``(I) In general.--Any domestic relations order treated as 
     a qualified domestic relations order under clause (i) shall 
     be treated as specifying that the former spouse is entitled 
     to the applicable percentage of the marital share of the 
     participant's accrued benefit.
       ``(II) Marital share.--For purposes of subclause (I), the 
     marital share of a participant's accrued benefit is an amount 
     equal to the product of--

       ``(aa) such benefit as of the date of the first payment 
     under the plan (to the extent such accrued benefit is vested 
     at the date of the divorce or any later date), and
       ``(bb) the numerator of which is the period of 
     participation by the participant under the plan starting with 
     the date of marriage and ending with the date of divorce, and 
     the denominator of which is the total period of participation 
     by the participant under the plan.

       ``(III) Applicable percentage.--For purposes of this 
     clause, the applicable percentage is--

       ``(aa) except as provided in item (bb), 50 percent, and
       ``(bb) in the case of a participant who fails to provide 
     the plan with notice of a domestic relations order within the 
     time prescribed under clause (iii), 67 percent.
       ``(iii) Notice requirements.--

       ``(I) Notice by employee.--Each employee who is a 
     participant in a pension plan shall, within 60 days after the 
     dissolution of the marriage of the employee--

       ``(aa) notify the plan administrator of the plan of such 
     dissolution, and
       ``(bb) provide to the plan administrator a copy of the 
     domestic relations order (including an annulment or other 
     order of marital dissolution) providing for such dissolution 
     and the last known address of the employee's former spouse.

       ``(II) Notice by plan administrator.--Each plan 
     administrator receiving notice under subclause (I) shall 
     promptly notify the former spouse of a participant of such 
     spouse's rights under this subparagraph, including the time 
     period within which such spouse is required to notify the 
     plan of the spouse's intention to claim rights under this 
     subparagraph.
       ``(III) Notice by former spouse.--A former spouse may 
     notify the plan administrator of such spouse's intent to 
     claim rights under this subparagraph at any time before the 
     last day of the 1-year period following receipt of notice 
     under subclause (II).
       ``(IV) Coordination with plan procedures.--The 
     determination under subparagraph (G)(i)(II) with respect to a 
     domestic relations order to which this subparagraph applies 
     shall be made within a reasonable period of time after the 
     plan administrator receives the notice described in subclause 
     (III).

       ``(iv) Interpretation as qualified domestic relations 
     order.--Each plan shall establish reasonable rules for 
     determining how any such deemed domestic relations order is 
     to be interpreted under the plan so as to constitute a 
     qualified domestic relations order that satisfies 
     subparagraphs (C) through (E) (and a copy of such rules shall 
     be provided to such former spouse promptly after delivery of 
     the divorce decree). Such rules--

       ``(I) may delay the effect of such an order until the 
     earlier of the date the participant is fully vested or has 
     terminated employment,
       ``(II) may allow the former spouse to be paid out 
     immediately,
       ``(III) shall permit the former spouse to be paid not later 
     than the earliest retirement age under the plan or the 
     participant's death,
       ``(IV) may require the submitter of the divorce decree to 
     present a marriage certificate or other evidence of the 
     marriage date to assist in benefit calculations, and

       ``(V) may conform to the rules applicable to qualified 
     domestic relations orders regarding form or type of 
     benefit.''

     SEC. 407. ENTITLEMENT OF DIVORCED SPOUSES TO RAILROAD 
                   RETIREMENT ANNUITIES INDEPENDENT OF ACTUAL 
                   ENTITLEMENT OF EMPLOYEE.

       Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 
     231a) is amended--
       (1) in subsection (c)(4)(i), by striking ``(A) is entitled 
     to an annuity under subsection (a)(1) and (B)''; and
       (2) in subsection (e)(5), by striking ``or divorced wife'' 
     the second place it appears.

     SEC. 408. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this subtitle, other than sections 403 and 
     405, shall apply with respect to plan years beginning on or 
     after January 1, 1999, and the amendments made by section 406 
     shall apply only with respect to divorces becoming final in 
     such plan years.
       (b) Special Rule for Collectively Bargained Plans.--In the 
     case of a plan maintained pursuant to 1 or more collective 
     bargaining agreements between employee representatives and 1 
     or more employers ratified on or before the date of the 
     enactment of this Act, subsection (a) shall be applied to 
     benefits pursuant to, and individuals covered by, any such 
     agreement by substituting for ``January 1, 1999'' the date of 
     the commencement of the first plan year beginning on or after 
     the earlier of--
       (1) the later of--
       (A) January 1, 2000, or
       (B) the date on which the last of such collective 
     bargaining agreements terminates (determined without regard 
     to any extension thereof after the date of the enactment of 
     this Act), or
       (2) January 1, 2001.

Subtitle B--Protection of Rights of Former Spouses to Pension Benefits 
 Under Certain Government and Government-Sponsored Retirement Programs

     SEC. 411. EXTENSION OF TIER II RAILROAD RETIREMENT BENEFITS 
                   TO SURVIVING FORMER SPOUSES PURSUANT TO DIVORCE 
                   AGREEMENTS.

       (a) In General.--Section 5 of the Railroad Retirement Act 
     of 1974 (45 U.S.C. 231d) is amended by adding at the end the 
     following new subsection:
       ``(d) Notwithstanding any other provision of law, the 
     payment of any portion of an annuity computed under section 
     3(b) to a surviving former spouse in accordance with a court 
     decree of divorce, annulment, or legal separation or the 
     terms of any court-approved property settlement incident to 
     any such court decree shall not be terminated

[[Page S7279]]

     upon the death of the individual who performed the service 
     with respect to which such annuity is so computed unless such 
     termination is otherwise required by the terms of such court 
     decree.''
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 412. SURVIVOR ANNUITIES FOR WIDOWS, WIDOWERS, AND FORMER 
                   SPOUSES OF FEDERAL EMPLOYEES WHO DIE BEFORE 
                   ATTAINING AGE FOR DEFERRED ANNUITY UNDER CIVIL 
                   SERVICE RETIREMENT SYSTEM.

       (a) Benefits for Widow or Widower.--Section 8341(f) of 
     title 5, United States Code, is amended--
       (1) in the matter preceding paragraph (1) by--
       (A) by inserting ``a former employee separated from the 
     service with title to deferred annuity from the Fund dies 
     before having established a valid claim for annuity and is 
     survived by a spouse, or if'' before ``a Member''; and
       (B) by inserting ``of such former employee or Member'' 
     after ``the surviving spouse'';
       (2) in paragraph (1)--
       (A) by inserting ``former employee or'' before ``Member 
     commencing''; and
       (B) by inserting ``former employee or'' before ``Member 
     dies''; and
       (3) in the undesignated sentence following paragraph (2)--
       (A) in the matter preceding subparagraph (A) by inserting 
     ``former employee or'' before ``Member''; and
       (B) in subparagraph (B) by inserting ``former employee or'' 
     before ``Member''.
       (b) Benefits for Former Spouse.--Section 8341(h) of title 
     5, United States Code, is amended--
       (1) in paragraph (1) by adding after the first sentence 
     ``Subject to paragraphs (2) through (5) of this subsection, a 
     former spouse of a former employee who dies after having 
     separated from the service with title to a deferred annuity 
     under section 8338(a) but before having established a valid 
     claim for annuity is entitled to a survivor annuity under 
     this subsection, if and to the extent expressly provided for 
     in an election under section 8339(j)(3) of this title, or in 
     the terms of any decree of divorce or annulment or any court 
     order or court-approved property settlement agreement 
     incident to such decree.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A)(ii) by striking ``or annuitant,'' 
     and inserting ``annuitant, or former employee''; and
       (B) in subparagraph (B)(iii) by inserting ``former employee 
     or'' before ``Member''.
       (c) Protection of Survivor Benefit Rights.--Section 
     8339(j)(3) of title 5, United States Code, is amended by 
     inserting at the end the following: ``The Office shall 
     provide by regulation for the application of this subsection 
     to the widow, widower, or surviving former spouse of a former 
     employee who dies after having separated from the service 
     with title to a deferred annuity under section 8338(a) but 
     before having established a valid claim for annuity.''
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply only in the case of a former employee who 
     dies on or after such date.

     SEC. 413. PAYMENT OF LUMP-SUM BENEFITS TO FORMER SPOUSES OF 
                   FEDERAL EMPLOYEES.

       (a) Civil Service Retirement System.--Chapter 83 of title 
     5, United States Code, is amended--
       (1) in section 8342(c), by striking ``Lump-sum'' and 
     inserting ``Except as provided in section 8345(j), lump-
     sum'';
       (2) in section 8345(j) by adding at the end of paragraph 
     (1) the following: ``Except for purposes of subparagraph (B), 
     the first sentence of this paragraph shall be deemed to be 
     amended by inserting after `that individual' the following: 
     `, and any lump-sum benefits authorized by section 8342(d) 
     through (f) which would otherwise be paid to any person or 
     persons under section 8342(c),' ''; and
       (B) by adding at the end the following:
       ``(4) Any payment under this subsection to a person bars 
     recovery by any other person.''
       (b) Federal Employees' Retirement System.--Chapter 84 of 
     title 5, United States Code, is amended--
       (1) in section 8424(d), by striking ``Lump-sum'' and 
     inserting ``Except as provided in section 8467(a), lump-
     sum''; and
       (2) in section 8467--
       (A) in subsection (a), by adding at the end the following: 
     ``Except for purposes of paragraph (2), the first sentence of 
     this subsection shall be deemed to be amended by inserting 
     after `that individual' the following: `, and any lump-sum 
     benefits authorized by section 8424(e) through (g) which 
     would otherwise be paid to any individual or individuals 
     under section 8424(d),' ''; and
       (B) by adding at the end the following:
       ``(d) Any payment under this section to a person bars 
     recovery by any other person.''
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to any amount payable by reason of 
     any death occurring on or after the date of the enactment of 
     this Act.

  Subtitle C--Modifications of Joint and Survivor Annuity Requirements

     SEC. 421. MODIFICATIONS OF JOINT AND SURVIVOR ANNUITY 
                   REQUIREMENTS.

       (a) Amendments to ERISA.--
       (1) Amount of annuity.--
       (A) In general.--Paragraph (1) of section 205(a) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1055(a)) is amended by inserting ``or, at the election of the 
     participant, shall be provided in the form of a qualified 
     joint and \2/3\ survivor annuity'' after ``survivor 
     annuity,''.
       (B) Definition.--Subsection (d) of section 205 of such Act 
     (29 U.S.C. 1055) is amended--
       (i) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively,
       (ii) by inserting ``(1)'' after ``(d)'', and
       (iii) by adding at the end the following new paragraph:
       ``(2) For purposes of this section, the term ``qualified 
     joint and \2/3\ survivor annuity'' means a joint and survivor 
     annuity under which the survivor annuity for the life of the 
     surviving spouse is equal to at least \2/3\ of the amount of 
     the annuity which is payable during the joint lives of the 
     participant and spouse.''
       (2) Illustration requirement.--Clause (i) of section 
     205(c)(3)(A) of such Act (29 U.S.C. 1055(c)(3)(A)) is amended 
     to read as follows:
       ``(i) the terms and conditions of each qualified joint and 
     survivor annuity and qualified joint and \2/3\ survivor 
     annuity offered, accompanied by an illustration of the 
     benefits under each such annuity for the particular 
     participant and spouse and an acknowledgement form to be 
     signed by the participant and the spouse that they have read 
     and considered the illustration before any form of retirement 
     benefit is chosen,''.
       (b) Amendments to Internal Revenue Code.--
       (1) Amount of annuity.--
       (A) In general.--Clause (i) of section 401(a)(11)(A) of the 
     Internal Revenue Code of 1986 (relating to requirement of 
     joint and survivor annuity and preretirement survivor 
     annuity) is amended by inserting ``or, at the election of the 
     participant, shall be provided in the form of a qualified 
     joint and \2/3\ survivor annuity'' after ``survivor 
     annuity,''.
       (B) Definition.--Section 417 of such Code (relating to 
     definitions and special rules for purposes of minimum 
     survivor annuity requirements), as amended by section 422, is 
     amended by redesignating subsection (f) as subsection (g) and 
     by inserting after subsection (e) the following new 
     subsection:
       ``(f) Definition of Qualified Joint and \2/3\ Survivor 
     Annuity.--For purposes of this section and section 
     401(a)(11), the term ``qualified joint and \2/3\ survivor 
     annuity'' means a joint and survivor annuity under which the 
     survivor annuity for the life of the surviving spouse is 
     equal to at least \2/3\ of the amount of the annuity which is 
     payable during the joint lives of the participant and 
     spouse.''
       (2) Illustration requirement.--Clause (i) of section 
     417(a)(3)(A) of such Code (relating to explanation of joint 
     and survivor annuity) is amended to read as follows:
       ``(i) the terms and conditions of each qualified joint and 
     survivor annuity and qualified joint and \2/3\ survivor 
     annuity offered, accompanied by an illustration of the 
     benefits under each such annuity for the particular 
     participant and spouse and an acknowledgement form to be 
     signed by the participant and the spouse that they have read 
     and considered the illustration before any form of retirement 
     benefit is chosen,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning on or after January 1, 
     1999.

     SEC. 422. SPOUSAL CONSENT REQUIRED FOR DISTRIBUTIONS FROM 
                   DEFINED CONTRIBUTION PLANS.

       (a) Amendments to Internal Revenue Code of 1986.--
       (1) In general.--Section 401(a)(11) of the Internal Revenue 
     Code of 1986 (relating to requirement of joint and survivor 
     annuity and preretirement survivor annuity) is amended by 
     striking subparagraphs (B), (C), and (D), by redesignating 
     subparagraphs (E) and (F) as subparagraphs (C) and (D), 
     respectively, and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) Plans to which paragraph applies.--This paragraph 
     shall apply to any defined benefit plan and to any defined 
     contribution plan.''
       (2) Exception for hardship distributions.--Section 417(f) 
     of such Code is amended by adding at the end the following 
     new paragraph:
       ``(8) Hardship distributions.--The requirements of section 
     401(a)(11) and this section shall not apply to a hardship 
     distribution under section 401(k)(2)(B)(i)(IV).''
       (3) Special rule for cash-outs.--Section 417(e) of such 
     Code is amended by adding at the end the following new 
     paragraph:
       ``(4) Special rule for defined contribution plans.--
       ``(A) In general.--In the case of a defined contribution 
     plan, notwithstanding paragraph (2), if the present value of 
     the qualified joint and survivor annuity does not exceed 
     $10,000, the plan may immediately distribute 50 percent of 
     the present value of such annuity to each spouse.
       ``(B) Exception.--The plan may distribute a different 
     percentage of the present value of an annuity to each spouse 
     if a court order or contractual agreement provides for such 
     different percentage.''
       (b) Amendments to ERISA.--
       (1) In general.--Section 205(b) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1055(b)) is amended to 
     read as follows:
       ``(b)(1) This section shall apply to any defined benefit 
     plan and to any individual account plan.
       ``(2) This section shall not apply to a plan which the 
     Secretary of the Treasury or his delegate has determined is a 
     plan described

[[Page S7280]]

     in section 404(c) of the Internal Revenue Code of 1986 (or a 
     continuation thereof) in which participation is substantially 
     limited to individuals who, before January 1, 1976, ceased 
     employment covered by the plan.''
       (2) Hardship distribution.--Section 205 of such Act (29 
     U.S.C. 1055) is amended by adding at the end the following 
     new subsection:
       ``(m) This section shall not apply to a hardship 
     distribution under section 401(k)(2)(B)(i)(IV) of the 
     Internal Revenue Code of 1986.''
       (3) Special rule for cash-outs.--Section 205(g) of such Act 
     (29 U.S.C. 1055(g)) is amended by adding at the end the 
     following new paragraph:
       ``(4) Special rule for defined contribution plans.--
       ``(A) In general.--In the case of an individual account 
     plan, notwithstanding paragraph (2), if the present value of 
     the qualified joint and survivor annuity or the qualified 
     preretirement survivor annuity exceeds $10,000, the plan may 
     immediately distribute 50 percent of the present value of 
     such annuity to each spouse.
       ``(B) Exception.--The plan may distribute a different 
     percentage of the present value of an annuity to each spouse 
     if a court order or contractual agreement provides for such 
     different percentage.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 1999.

             TITLE V--DATE FOR ADOPTION OF PLAN AMENDMENTS

     SEC. 501. DATE FOR ADOPTION OF PLAN AMENDMENTS.

       (a) In General.--Except as otherwise provided in this Act, 
     if any amendment made by this Act requires an amendment to 
     any plan, such plan amendment shall not be required to be 
     made before the last day of the first plan year beginning on 
     or after January 1, 1999, if--
       (1) during the period after such amendment takes effect and 
     before the last day of such first plan year, the plan is 
     operated in accordance with the requirements of such 
     amendment, and
       (2) such plan amendment applies retroactively to such 
     period.

     A plan shall not be treated as failing to provide definitely 
     determinable benefits or contributions, or to be operated in 
     accordance with the provisions of the plan, merely because it 
     operates in accordance with this subsection.
       (b) Governmental Plans.--In the case of a governmental plan 
     (as defined in section 414(d) of the Internal Revenue Code of 
     1986), subsection (a) shall be applied by substituting for 
     ``January 1, 1999'' the later of--
       (1) January 1, 2000, or
       (2) the date which is 90 days after the opening of the 
     first legislative session beginning after January 1, 1999, of 
     the governing body with authority to amend the plan, but only 
     if such governing body does not meet continuously.
       (c) Special Rule for Collectively Bargained Plans.--
     Notwithstanding any other provision of this Act, in the case 
     of a plan maintained pursuant to 1 or more collective 
     bargaining agreements between employee representatives and 1 
     or more employers ratified on or before the date of the 
     enactment of this Act, any amendment made by this Act which 
     requires an amendment to such plan shall not be required to 
     be made before the last day of the first plan year beginning 
     on or after the earlier of--
       (1) the later of--
       (A) January 1, 1999, or
       (B) the date on which the last of such collective 
     bargaining agreements terminates (determined without regard 
     to any extension thereof after the date of the enactment of 
     this Act), or
       (2) January 1, 2000.
                                 ______
                                 
      By Mr. COVERDELL:
  S. 2250. A bill to protect the rights of the States and the people 
from abuse by the Federal Government, to strengthen the partnership and 
the intergovernmental relationship between State and Federal 
Governments, to restrain Federal agencies from exceeding their 
authority, to enforce the Tenth Amendment of the United States 
Constitution, and for other purposes; to the Committee on the 
Judiciary.


                    tenth amendment enforcement act

  Mr. COVERDELL. Mr. President, I rise today to introduce the Tenth 
Amendment Enforcement Act of 1998. The Tenth Amendment was a promise to 
the States and to the American people that the Federal Government would 
be limited, and that the people of the States could, for the most part, 
govern themselves as they saw fit. Unfortunately, in the last half 
century, that promise has been broken. The American people have asked 
us to start honoring that promise again: To return power to State and 
local governments which are close to and more sensitive to the needs of 
the people.
  We took an important first step in the 104th Congress by enacting the 
Unfunded Mandates Reform Act. It began the shift of power out of 
Washington and back to the States and to the American people. Today we 
continue that process. The Tenth Amendment Enforcement Act of 1998 will 
return power to the States and to the people by placing safeguards in 
the legislative process, by restricting the power of Federal agencies 
and by instructing the Federal courts to enforce the Tenth Amendment.
  The Tenth Amendment Enforcement Act of 1998 enforces the Tenth 
amendment in five ways. First, it includes a specific congressional 
finding that the Federal Government has no powers not delegated by the 
Constitution, and the States may exercise all powers not withheld by 
the Constitution. In other words, the Tenth Amendment means what it 
says.
  Second, this proposal states that Federal laws may not interfere with 
State or local powers unless Congress declares its intent to preempt 
and specifically cites its constitutional authority to act.
  Third, it enforces this declaration by establishing a point of order 
that allows any Congressman or Senator to challenge a bill lacking such 
a declaration or insufficiently citing constitutional authority. Such a 
point of order would require a three-fifths majority to be defeated.
  Fourth, it requires that Federal agency rules and regulations not 
interfere with State or local powers without constitutional authority 
cited by Congress. Agencies must allow States notice and an opportunity 
to be heard in the rulemaking process.
  Fifth, the proposal directs the courts to strictly construe Federal 
laws and regulations interfering with State powers. It requires a 
presumption in favor of State authority and against Federal preemption.
  Too often in Washington, there is the temptation to weakening our 
Federal system of government. It has been stated that just as the 
separation and independence of the coordinate branches of the Federal 
Government serves to prevent the accumulation of excessive power in any 
one branch, a healthy balance of power between the States and the 
Federal Government will reduce the risk of tyranny and abuse from 
either front. We have an obligation to take steps to prevent such 
things from happening and to preserve the freedom and liberties we 
enjoy. I believe the Tenth Amendment Enforcement Act of 1998 is an 
important step and urge my colleagues to join me in this effort.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 2253. A bill to establish a matching grant program to help State 
and local jurisdictions purchase bullet resistant equipment for use by 
law enforcement departments; to the Committee on the Judiciary.


   Officer Dale Claxton Bullet Resistant Police Protective Equipment

  Mr. CAMPBELL. Mr. President, today I introduce legislation to help 
our nation's state and local law enforcement officers acquire the 
bullet resistant equipment they need to protect themselves from would-
be killers. This bill, the Officer Dale Claxton Bullet Resistant Police 
Protective Equipment Act of 1998, is named after a Cortez, Colorado, 
police officer who was fatally shot through the windshield of his 
patrol car on May 29, 1998, after stopping a stolen truck. Officer 
Claxton was tragically and prematurely taken away from his wife and 
four children. Today, two of the three suspects are still at large, 
even after an extensive manhunt.
  Unfortunately, this type of incident is far from isolated. All across 
our nation law enforcement officers, whether parked on the side of the 
road or in hot pursuit, are at risk of being shot through their 
windshields. Another example that many of my colleagues may be aware of 
is the brutal murder of the District of Columbia's Officer Brian 
Gibson, who was ambushed and shot while sitting in his patrol car. We 
must do what we can to prevent tragedies like this.
  As a former deputy sheriff, I am personally aware of the dangers 
which law enforcement officers face on the front lines every day. One 
way in which the federal government can improve their safety is to help 
them acquire bullet resistant glass and other equipment for patrol 
cars. These partnership grants are especially crucial for officers who 
serve in small local jurisdictions that often lack the funds to provide 
their officers with all of the life saving equipment they may need.

[[Page S7281]]

  The Officer Dale Claxton bill builds on the impact of the Bulletproof 
Vest Partnership Grant Act, S. 1605, which I introduced and the 
President signed into law on June 16, 1998. This new program provides 
grants to law enforcement agencies to purchase body armor for their 
officers. The Officer Dale Claxton bill extends this protection to 
include bullet resistant equipment for the officers' vehicles, shields, 
and any other equipment that officers may need when they are serving 
out on the front lines of law enforcement.
  The bill I introduce today has two major components. The first is to 
provide a matching grant program for state, county, local and tribal 
law enforcement agencies. This legislation would authorize the 
Department of Justice's Bureau of Justice Assistance to administer a 
$40 million matching grant program to assist these agencies purchase 
bullet resistant equipment for patrol cars, including bullet resistant 
glass, panels, and other safety devices.
  The program will provide 50-50 matching grants to state and local law 
enforcement agencies and Indian tribes to assist in purchasing 
bulletproof vests and body armor. To ensure that the funding goes first 
to those police departments which need it most, the Director of the 
Bureau of Justice Assistance is given discretion to give preferential 
consideration to smaller departments whose budgets are scarce.
  Additionally, those jurisdictions which do not receive any funding 
under the local law enforcement block grant program will be given 
preference. Furthermore, at least half of the funds available under 
this program will be awarded to jurisdictions with less than 100,000 
residents.
  The second component of this legislation would launch an expedited 
and targeted research and development effort to come up with new 
technologies and products. Promising new light-weight bullet proof 
materials now being developed could be as revolutionary in the year 
2000 as the development of Kevlar was in the 1970s for the manufacture 
of body armor. These exciting new technologies promise to be lighter, 
more versatile and hopefully less expensive than traditional heavy 
bulletproof glass.
  The Officer Dale Claxton bill authorizes $3 million over 3 years for 
the Justice Department's National Institute of Justice (NIJ) to conduct 
research and development of a new bullet resistant technologies, such 
as bonded acrylic, polymers, polycarbons, aluminized material, and 
transparent ceramics. This R and D program would focus on specialized 
equipment, including windshield glass, car panels, police shields and 
other types of protective gear.
  The Officer Dale Claxton bill directs the National Institute of 
Justice to inventory existing technologies in the private sector, in 
surplus military property, and in use by other countries. The bill also 
directs the Institute to conduct: standards development; technology 
development; technical testing; operational testing; evaluation; and 
technology transfer.
  Under the bill, the Institute would give priority in testing and 
engineering surveys to law enforcement partnerships developed in 
coordination with existing High Intensity Drug Trafficking Areas 
(HIDTAs).
  Our nation's police officers, sheriffs and deputies regularly put 
their lives in harm's way as they protect the people and preserve the 
peace. They deserve to have access to the bullet resistant equipment 
they need. The Officer Dale Claxton bill will both accelerate the 
development of new lifesaving bullet resistant technologies and then 
help get them deployed into the field where they are needed. Lives will 
be saved.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2253

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Officer Dale Claxton Bullet 
     Resistant Police Protective Equipment Act of 1998''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Officer Dale Claxton of the Cortez, Colorado, Police 
     Department was shot and killed by bullets that passed through 
     the windshield of his police car after he stopped a stolen 
     truck, and his life may have been saved if his police car had 
     been equipped with bullet resistant equipment;
       (2) the number of law enforcement officers who are killed 
     in the line of duty would significantly decrease if every law 
     enforcement officer in the United States had access to 
     additional bullet resistant equipment;
       (3) according to studies, between 1985 and 1994, 709 law 
     enforcement officers in the United States were feloniously 
     killed in the line of duty;
       (4) the Federal Bureau of Investigation estimates that the 
     risk of fatality to law enforcement officers while not 
     wearing bullet resistant equipment, such as an armor vest, is 
     14 times higher than for officers wearing an armor vest;
       (5) according to studies, between 1985 and 1994, bullet-
     resistant materials helped save the lives of more than 2,000 
     law enforcement officers in the United States; and
       (6) the Executive Committee for Indian Country Law 
     Enforcement Improvements reports that violent crime in Indian 
     country has risen sharply, despite a decrease in the national 
     crime rate, and has concluded that there is a ``public safety 
     crisis in Indian country''.
       (b) Purpose.--The purpose of this Act is to save lives of 
     law enforcement officers by helping State, local, and tribal 
     law enforcement agencies provide officers with bullet 
     resistant equipment.

     SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET 
                   RESISTANT EQUIPMENT.

       (a) In General.--Part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 is amended--
       (1) by striking the part designation and part heading and 
     inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program For Armor Vests'';

       (2) by striking ``this part'' each place that term appears 
     and inserting ``this subpart''; and
       (3) by adding at the end the following:

       ``Subpart B--Grant Program For Bullet Resistant Equipment

     ``SEC. 2511. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase bullet 
     resistant equipment for use by State, local, and tribal law 
     enforcement officers.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the purchase of bullet resistant equipment 
     for law enforcement officers in the jurisdiction of the 
     grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for bullet resistant equipment 
     based on the percentage of law enforcement officers in the 
     department who do not have access to a vest;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.50 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section, except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated .25 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. Any funds appropriated by Congress for the 
     activities of any agency of an Indian tribal government or 
     the Bureau of Indian Affairs performing law enforcement 
     functions on any Indian lands may be used to provide the non-
     Federal share of a matching requirement funded under this 
     subsection.
       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2512. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a

[[Page S7282]]

     State, unit of local government, or Indian tribe shall submit 
     an application to the Director of the Bureau of Justice 
     Assistance in such form and containing such information as 
     the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of bullet resistant equipment, but did not, or 
     does not expect to use such funds for such purpose.

     ``SEC. 2513. DEFINITIONS.

       ``For purposes of this subpart--
       ``(1) the term `equipment' means windshield glass, car 
     panels, shields, and protective gear;
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands;
       ``(3) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level;
       ``(4) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)); and
       ``(5) the term `law enforcement officer' means any officer, 
     agent, or employee of a State, unit of local government, or 
     Indian tribe authorized by law or by a government agency to 
     engage in or supervise the prevention, detection, or 
     investigation of any violation of criminal law, or authorized 
     by law to supervise sentenced criminal offenders.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3793(a)) is amended by striking paragraph (23) and 
     inserting the following:
       ``(23) There are authorized to be appropriated to carry out 
     part Y--
       ``(A) $25,000,000 for each of fiscal years 1999 through 
     2001 for grants under subpart A of that part; and
       ``(B) $40,000,000 for each of fiscal years 1999 through 
     2001 for grants under subpart B of that part.''.

     SEC. 4. SENSE OF THE CONGRESS.

       In the case of any equipment or products that may be 
     authorized to be purchased with financial assistance provided 
     using funds appropriated or otherwise made available by this 
     Act, it is the sense of the Congress that entities receiving 
     the assistance should, in expending the assistance, purchase 
     only American-made equipment and products.

     SEC. 5. TECHNOLOGY DEVELOPMENT.

       Section 202 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by 
     adding at the end the following:
       ``(e) Bullet Resistant Technology Development.--
       ``(1) In General.--The Institute is authorized to--
       ``(A) conduct research and otherwise work to develop new 
     bullet resistant technologies (i.e. acrylic, polymers, 
     aluminized material, and transparent ceramics) for use in 
     police equipment (including windshield glass, car panels, 
     shields, and protective gear);
       ``(B) inventory bullet resistant technologies used in the 
     private sector, in surplus military property, and by foreign 
     countries;
       ``(C) promulgate relevant standards for, and conduct 
     technical and operational testing and evaluation of, bullet 
     resistant technology and equipment, and otherwise facilitate 
     the use of that technology in police equipment.
       ``(2) Priority.--In carrying out this subsection, the 
     Institute shall give priority in testing and engineering 
     surveys to law enforcement partnerships developed in 
     coordination with High Intensity Drug Trafficking Areas.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for fiscal years 1999 through 2001.''.
                                 ______
                                 
      By Mr. REED.
  S. 2254. A bill to provide for the establishment of an assistance 
program for health insurance consumers; to the Committee on Labor and 
Human Resources.


                THE HEALTH CARE CONSUMER ASSISTANCE ACT

   Mr. REED. Mr. President, today I introduce the Health Care 
Consumer Assistance Act. This legislation creates a consumer assistance 
program that is key to patient protections in the health insurance 
market.
  President Clinton's Health Quality Commission stated in its recently 
released Bill of Rights that consumers have the right to receive 
accurate, easily understood information and get assistance in making 
informed decisions about health plans and providers. Today, only a 
loose patchwork of consumer assistance services exists. And, while a 
number of sources provide assistance, most programs are limited. Many 
consumer groups have advocated for the establishment of consumer 
assistance programs to support consumers' growing need of information.
  The legislation I am introducing today gives states grants to 
establish nonprofit, private consumer assistance program designed to 
help consumers understand and act on their health care choices, rights 
and responsibilities. Under my bill, the Secretary of Health and Human 
Services will make available funds for states to select an independent, 
nonprofit agency to provide the following services to consumers: 
provide information to consumers relating to their choices, rights and 
responsibilities within the plans they select; operate 1-800 telephone 
hotlines to respond to consumer information, advice and assistance 
requests; produce and disseminate educational materials about patients' 
rights; provide assistance and representation to people who wish to 
appeal the denial, termination, or reduction of health care services, 
or a refusal to pay for health services; and collect and disseminate 
data about inquiries, problems and grievances handled by the consumer 
assistance program.
  This program has been championed by Ron Pollack of Families USA, a 
member of the President's Commission on Quality, as well as numerous 
other consumer advocates.
  Mr. President, I have joined with many of my Democratic colleagues in 
sponsoring S.1890, the Patients' Bill of Rights Act of 1998. I am 
pleased that S.1890 would establish a consumer assistance program, 
similar to that established by my legislation. My purpose today is to 
emphasize the importance of such a consumer protection program. This 
legislation is not without controversy, but I believe that American 
consumers deserve protection and assistance as they attempt to navigate 
the often confusing and complex world of health insurance.
  Mr. President, I ask unanimous consent to have the bill printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2254

       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 Consumer 
     Assistance Act''.

     SEC. 2. GRANTS.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this Act as the ``Secretary'') shall award 
     grants to States to enable such States to enter into 
     contracts for the establishment of consumer assistance 
     programs designed to assist consumers of health insurance in 
     understanding their rights, responsibilities and choices 
     among health insurance products.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section a State shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including a State plan that describes--
       (1) the manner in which the State will solicit proposals 
     for, and enter into a contract with, an entity eligible under 
     section 3 to serve as the health insurance consumer office 
     for the State; and
       (2) the manner in which the State will ensure that advice 
     and assistance services for health insurance consumers are 
     coordinated through the office described in paragraph (1).
       (c) Amount of Grant.--
       (1) In general.--From amounts appropriated under section 5 
     for a fiscal year, the Secretary shall award a grant to a 
     State in an amount that bears the same ratio to such amounts 
     as the number of individuals within the State covered under a 
     health insurance plan (as determined by the Secretary) bears 
     to the total number of individuals covered under a health 
     insurance plan in all States (as determined by the 
     Secretary). Any amounts provided to a State under this 
     section that are not used by the State shall be remitted to 
     the Secretary and reallocated in accordance with this 
     paragraph.
       (2) Minimum amount.--In no case shall the amount provided 
     to a State under a grant under this section for a fiscal year 
     be less

[[Page S7283]]

     than an amount equal to .5 percent of the amount appropriated 
     for such fiscal year under section 5.

     SEC. 3. ELIGIBILITY OF STATE ENTITIES.

       To be eligible to enter into a contract with a State and 
     operate as the health insurance consumer office for the State 
     under this Act, an entity shall--
       (1) be an independent, nonprofit entity with demonstrated 
     experience in serving the needs of health care consumers 
     (particularly low income and other consumers who are most in 
     need of consumer assistance);
       (2) prepare and submit to the State a proposal containing 
     such information as the State may require;
       (3) demonstrate that the entity has the technical, 
     organizational, and professional capacity to operate the 
     health insurance consumer office within the State;
       (4) provide assurances that the entity has no real or 
     perceived conflict of interest in providing advice and 
     assistance to consumers regarding health insurance and that 
     the entity is independent of health insurance plans, 
     companies, providers, payers, and regulators of care; and
       (5) demonstrate that, using assistance provided by the 
     State, the entity has the capacity to provide assistance and 
     advice throughout the State to public and private health 
     insurance consumers regardless of the source of coverage.

     SEC. 4. USE OF FUNDS.

       (a) By State.--A State shall use amounts received under a 
     grant under this Act to enter into a contract described in 
     section 2(a) to provide funds for the establishment and 
     operation of a health insurance consumer office.
       (b) By Entity.--
       (1) In general.--An entity that enters into a contract with 
     a State under this Act shall use amounts received under the 
     contract to establish and operate a health insurance consumer 
     office.
       (2) Noncompliance.--If the State fails to enter into a 
     contract under subsection (a), the Secretary shall withhold 
     amounts to be provided to the State under this Act and use 
     such amounts to enter into the contract described in 
     paragraph (1) for the State.
       (c) Activities of Office.--A health insurance consumer 
     office established under this Act shall--
       (1) provide information to health insurance consumers 
     within the State relating to choice of health insurance 
     products and the rights and responsibilities of consumers and 
     insurers under such products;
       (2) operate toll-free telephone hotlines to respond to 
     requests for information, advice or assistance concerning 
     health insurance in a timely and efficient manner;
       (3) produce and disseminate educational materials 
     concerning health insurance consumer and patient rights;
       (4) provide assistance and representation (in nonlitigative 
     settings) to individuals who desire to appeal the denial, 
     termination, or reduction of health care services, or the 
     refusal to pay for such services, under a health insurance 
     plan;
       (5) make referrals to appropriate private and public 
     individuals or entities so that inquiries, problems, and 
     grievances with respect to health insurance can be handled 
     promptly and efficiently; and
       (6) collect data concerning inquiries, problems, and 
     grievances handled by the office and disseminate a 
     compilation of such information to employers, health plans, 
     health insurers, regulatory agencies, and the general public.
       (d) Availability of Services.--The office shall not 
     discriminate in the provision of services regardless of the 
     source of the individual's health insurance coverage or 
     prospective coverage, including individuals covered under 
     employer-provided insurance, self-funded plans, the medicare 
     or medicaid programs under title XVIII or XIX of the Social 
     Security Act (42 U.S.C. 1395 and 1396 et seq.), or under any 
     other Federal or State health care program.
       (e) Subcontracts.--An office established under this section 
     may carry out activities and provide services through 
     contracts entered into with 1 or more nonprofit entities so 
     long as the office can demonstrate that all of the 
     requirements of this Act are met by the office.
       (f) Training.--
       (1) In general.--An office established under this section 
     shall ensure that personnel employed by the office possess 
     the skills, expertise, and information necessary to provide 
     the services described in subsection (c).
       (2) Contracts.--To meet the requirement of paragraph (1), 
     an office may enter into contracts with 1 or more nonprofit 
     entities for the training (both through technical and 
     educational assistance) of personnel and volunteers. To be 
     eligible to receive a contract under this paragraph, an 
     entity shall be independent of health insurance plans, 
     companies, providers, payers, and regulators of care.
       (3) Limitation.--Not to exceed 7 percent of the amount 
     awarded to an entity under a contract under subsection (a) 
     for a fiscal year may be used for the provision of training 
     under this section.
       (g) Administrative Costs.--Not to exceed 1 percent of the 
     amount of a block grant awarded to the State under subsection 
     (a) for a fiscal year may be used for administrative expenses 
     by the State.
       (h) Term.--A contract entered into under subsection (a) 
     shall be for a term of 3 years.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2255. A bill to amend the Agricultural Market Transition Act to 
prohibit the Secretary of Agriculture from including any storage 
charges in the calculation of loan deficiency payments or loans made to 
producers for loan commodities; to the Committee on Agriculture, 
Nutrition, and forestry.


             agricultural market transition act amendments

  Mr. FEINGOLD. Mr. President, today I introduce legislation that will 
give some relief to the taxpayers of this country, who now pay millions 
every year to cover the storage costs of cotton farmers. This year 
alone, this program has provided more than $23 million to store the 
cotton crop of participating farmers. This measure puts all commodities 
on a more equal footing by eliminating the storage subsidy for cotton, 
the only commodity that still enjoys that privilege.

  Mr. President, prior to the passage of the 1996 Freedom to Farm bill, 
farmers producing wheat and feed grains relied heavily on the Farmer 
Owned Reserve Program to assist them in repaying their overdue loans 
when times were tough. They would roll their non-recourse loans into 
the Farmer Owned Reserve Program which would allow them the opportunity 
to pay back their loan, without interest, and also get assistance in 
paying storage costs. Although cotton producers were not eligible to 
participate in that particular program, they were offered the same 
opportunities and others through the heavily subsidized cotton program. 
Those were the days of heavy agriculture subsidization, when the 
government dictated prices, provided price supports, and more often 
than not, had over-surpluses of wheat, corn and other feed grains--
driving down domestic prices. The 1996 Farm Bill, sought to bring farm 
policy up to date with prevailing modern agricultural thought--that the 
agriculture industry must be more market oriented--must survive with 
minimal government price interference.
  Mr. President, although the Farm Bill was successful in ridding 
agriculture policy of much of the weight of government intrusion that 
burdened it for years, there are still hidden subsidies costing 
taxpayers billions. This legislation would prevent USDA from factoring 
cotton industry storage costs into Marketing Loan Program calculations. 
This costly and unnecessary benefit is bestowed on no other commodity.
  Farmers, except those who produce cotton, are required to pay storage 
cost through the maturity date of their support loans. Producers must 
prepay or arrange to pay storage costs through the loan maturity date 
or USDA reduces the amount of the loan by deducting the amount 
necessary for prepaid storage. Cotton producers are not required to 
prepay storage costs. When they redeem a loan under marketing loan 
provisions or forfeit collateral, USDA pays the cost of accrued 
storage.
  It is interesting to note, Mr. President, that in a 1994 audit of the 
cotton program, USDA's Office of Inspector General found no reason for 
USDA to pay for the accrued storage costs of cotton producers. The 
Inspector General recommended that USDA ``revise procedures to 
eliminate the automatic payment of cotton storage charges by CCC and 
make provisions consistent with the treatment of storage charges on 
other program crops''.
  Although those in the cotton industry will argue that the automatic 
payments were eliminated in the Farm Bill, in reality, those payments 
are now simply hidden. It's true that certain provisions have been 
removed from the statute which mandates that USDA pay these charges. 
Now, USDA freely chooses to waste the taxpayers money by paying these 
costs, allowing cotton producers to subtract their storage costs from 
the market value of their cotton, providing a larger difference with 
the loan rate, and therefore receiving a higher return.
  Marketing Loan Programs are designed to encourage producers to redeem 
their loans and market their crops, but USDA payment of cotton storage 
costs discourage loan redemption. As long as the adjusted world

[[Page S7284]]

price is at or below the loan rate, producers can delay loan redemption 
in the secure expectation that domestic prices will rise or the 
adjusted world price will decline regardless of accruing storage costs.
  Mr. President, its time to stop kidding ourselves. Let's eliminate 
this subsidy before it costs hardworking Americans any more. Let's 
bring equity to the commodities program. Lets finish what the Farm Bill 
started--a more market oriented agriculture program. One that benefits 
us all.
  Mr. President, I ask unanimous consent that the entire text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2255

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. STORAGE CHARGES FOR LOAN COMMODITIES.

       Subtitle C of the Agricultural market Transition Act (7 
     U.S.C. 7231 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 138. STORAGE CHARGES FOR LOAN COMMODITIES.

       ``In calculating the amount of a loan deficiency payment or 
     loan made to a producer for a loan commodity under this 
     subtitle, the Secretary may not include any storage charges 
     incurred by the producer in connection with the loan 
     commodity.''.
                                 ______
                                 
      By Mr. KERRY (for himself, Ms. Snowe, Mr. Hollings, and Mr. 
        Stevens):
  S. 2256. A bill to provide an authorized strength for commissioned 
officers of the National Oceanic and Atmospheric Administration Corps, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.


THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION CORPS CONTINUATION 
                                  ACT

  Mr. KERRY. Mr. President, I am introducing legislation today that 
will relieve the hiring freeze on the Commissioned Corps of the 
National Oceanic and Atmospheric Administration (NOAA), that was first 
imposed following the 1995 National Performance Review. I want to thank 
Senators Snowe, Hollings, and Stevens, who have joined me in 
cosponsoring this legislation, for their continued leadership on this 
issue. This legislation represents another milestone in their 
consistent stewardship of the NOAA Corps and the very important part it 
plays in NOAA and to our Nation. This legislation will restore 
stability and renew the good faith contract made with the men and women 
that make up the NOAA Corps by establishing a minimum and maximum 
authorized strength for our nation's seventh uniformed service.
  The NOAA Corps is an indispensable part of NOAA: a pool of 
professionals trained in engineering, earth sciences, oceanography, 
meteorology, fisheries science, and other related disciplines. Corps 
officers serve in assignments within the five major line offices of 
NOAA. They operate ships, fly aircraft into hurricanes, lead mobile 
field parties, manage research projects, conduct diving operations, and 
serve in staff positions throughout NOAA. They operate the ships that 
set buoys used to gather oceanographic and meteorological data on 
unusual weather phenomena such as El Nino. They fly research aircraft 
into hurricanes that record valuable atmospheric observations. They 
conduct hydrographic surveys along our nation's coast in order to make 
our waters safe for maritime commerce.
  Over three years ago, the Administration proposed that the NOAA Corps 
be disestablished and unilaterally imposed a hiring freeze. This action 
was based on flawed recommendations by the President's National 
Performance Review. A thorough review of the cost studies associated 
with the dissolution of the NOAA Corps clearly reflects that no real 
savings will be achieved over either the short or long term. In fact, 
without commissioned officers, NOAA may incur significant additional 
costs in the acquisition of data to fulfill its statutory missions. 
Further, recent data indicate that factors such as tort liability were 
not even considered as part of the total cost-benefit analysis. The 
Administration has ignored the fact that Congress alone has the 
authority to set the duties and strength of the uniformed services and 
Congress alone must act for the NOAA Corps to be disestablished. I am 
convinced that the preponderance of evidence supports the need for the 
NOAA Corps to be retained, not disestablished. This legislation will 
ensure that the pearl of expertise that resides in the men and women 
who make up the NOAA Corps is retained for the nation.
  The NOAA Corps hiring freeze has been tantamount to slow motion 
dissolution of our nation's seventh uniformed service. At the time the 
freeze was imposed, the NOAA Corps had a strength of 411 officers. At 
the end of this fiscal year, the projected on-board strength will be 
235 officers. Through this three years of adversity, the NOAA Corps has 
heroically continued to sail NOAA's fleet and fly its aircraft. At its 
current diminished personnel levels, I have become deeply concerned 
regarding the NOAA Corps' ability to carry out its mission. In 
addition, I am also concerned about the safety of the men and women 
aboard NOAA ships and aircraft.
  Last week, Dr. James Baker, the Administrator of NOAA, announced a 
plan for restructuring the NOAA Corps. This plan calls for a further 
reduction of the Corps strength from its current level of 248 officers 
to 240 officers. In addition, it calls for a civilian Senior Executive 
Service member to manage the Corps. This restructuring plan will 
maintain a cloud of uncertainty over the future of the NOAA Corps, 
diminishing its viability and culminating in its ultimate elimination.
  The proposed level of 240 officers will be inadequate to staff NOAA 
ships and aircraft. There are currently 70 officer billets aboard NOAA 
vessels. Assuming that a NOAA Corps officer spends one third of his or 
her career at sea, which is the norm in other seagoing services, a 
requirement exists for 210 seagoing officer billets. Likewise, there 
are 36 billets aboard NOAA aircraft. Assuming that an officer flies for 
two years and is moved to an office support billet for one year, a 
requirement exists for 54 aviator billets. Therefore, the minimum 
staffing requirement to maintain a viable NOAA Corps is 264 officers. 
All services allow for 10 to 15 percent of their personnel to be in a 
general detail status (i.e. training classes, travel and temporary 
duty). Therefore, I endorse staffing the NOAA Corps at a floor of 264 
and a ceiling of 299 officer billets which corresponds to a general 
detail percentage that is consistent with the practices of other 
uniformed services. This level is consistent with the already-achieved 
reduction of 130 billets that was recommended by the National 
Performance Review.
  The proposal to establish a civilian position to manage the NOAA 
Corps in place of the current flag officer creates an extra layer of 
management that is not required. A NOAA Corps flag officer is required 
to carry out NOAA fleet business with flag officers of the other 
services. As the civilian Administrator of NOAA, Dr. Baker is in a 
position to oversee the NOAA Corps, working with its senior flag 
officer.
  Mr. President, this legislation will establish staffing levels for 
the NOAA Corps that will provide some assurance of long term viability. 
It will establish a floor strength of 264 officers with a ceiling of 
299 officers. It is time that we reaffirm our commitment to studying 
the earth's oceans and atmosphere by insuring that the NOAA Corps is 
staffed at the appropriate level.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2256

       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 Oceanic and 
     Atmospheric Administration Corps Continuation Act''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Tracing its roots back to 1807 when President Thomas 
     Jefferson signed a bill for the ``Survey of the Coast'', the 
     National Oceanic and Atmospheric Administration Corps has 
     served the armed services and the Nation consistently and 
     ably for almost two centuries.
       (2) The National Oceanic and Atmospheric Administration 
     Corps is a dedicated and specialized uniformed officer corps 
     that operates vessels and planes, provides important 
     scientific and technical services, and carrier out 
     programmatic responsibilities throughout the National Oceanic 
     and Atmospheric Administration.
       (3) The smallest of the seven uniformed services, the 
     National Oceanic and Atmospheric Administration Corps grew in 
     size

[[Page S7285]]

     from 275 officers in 1970, the year the National Oceanic and 
     Atmospheric Administration was created, to 411 officers in 
     1994.
       (4) The National Oceanic and Atmospheric Administration 
     Corps has met or exceeded the 1996 National Performance 
     Review recommendation which called for a reduction of 130 
     officers from the 1994 level.
       (5) Federally-sponsored studies conclude that no immediate 
     or long-term cost savings would be achieved by replacing the 
     National Oceanic and Atmospheric Administration Corps with a 
     comparable civilian entity.
       (6) As a result of the hiring freeze imposed on the 
     National Oceanic and Atmospheric Administration Corps, 
     positions necessary to maintain the statutorily mandated 
     operation of the vessel and aircraft fleets of the National 
     Oceanic and Atmospheric Administration have not been filled, 
     valuable research work has been delayed, and the hydrography 
     expertise of the National Oceanic and Atmospheric 
     Administration, that is critical to the international trade 
     of the United States, has been compromised.

     SEC. 3. AUTHORIZED NUMBER OF COMMISSIONED OFFICERS.

       Section 2 of the Coast and Geodetic Survey Commissioned 
     Officers' Act of 1948 (33 U.S.C. 853a) is amended--
       (1) by redesignating subsections (a) through (3) as 
     subsections (b) through (f), respectively; and
       (2) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) There are authorized to be not less than 264 and not 
     more than 299 commissioned officers on the active list of the 
     National Oceanic and Atmospheric Administration.''.

     SEC. 4. DESIGNATION OF THE DIRECTOR OF THE NATIONAL OCEANIC 
                   AND ATMOSPHERIC ADMINISTRATION CORPS.

       Section 24(a) of the Coast and Geodetic Survey Commissioned 
     Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by 
     inserting ``One such position shall be the director of the 
     commissioned officers who shall be appointed from the 
     officers on the active duty promotion list serving in or 
     above the grade of captain, and who shall be responsible for 
     administration of the commissioned officers, and for 
     oversight of the operation of the vessel and aircraft fleets, 
     of the Administration.'' before ``An officer''.

     SEC. 5. RELIEF FROM HIRING FREEZE.

       The Secretary of Commerce immediately shall relieve the 
     moratorium on new appointments of commissioned officers to 
     the National Oceanic and Atmospheric Administration Corps.

 Ms. SNOWE. Mr. President, I am pleased to join my Commerce 
Committee colleagues Senators Kerry, Stevens, and Hollings in 
introducing legislation today to reauthorize the National Oceanic and 
Atmospheric Administration (NOAA) Corps.
  The NOAA Corps is a uniformed officer service that fulfills a variety 
of important missions for the agency and the public. NOAA Corps 
officers manage the operations of NOAA's research and survey vessels, 
as well as its aircraft. They serve as pilots and navigators, and as 
key scientific and engineering personnel involved with the missions for 
which the vessels and aircraft are being used. These missions include 
fisheries research, hydrographic surveys, oceanographic research, and 
airborne research on hurricanes, among others.
  In addition to field missions, NOAA Corps officers perform a variety 
of shoreside tasks, from managing the ground support for the vessel and 
aircraft operations, to serving in management and technical support 
positions in offices throughout NOAA's line agencies.
  At the outbreak of World War I, personnel and equipment from the 
Coast and Geodetic Survey--one of NOAA's predecessor organizations--
were transferred to the War Department for military missions during the 
war, and the personnel were given military commissions. In World War 
II, about half of the Survey's commissioned officers and vessels were 
transferred to the war effort. Although all Survey personnel resumed 
civilian duties after the war, the commissioned Corps has continued to 
exist since that time.
  But in recent years, some questioned whether it still makes sense to 
retain a uniformed Corps to perform these missions for NOAA. As part of 
its National Performance Review in 1994, the Clinton Administration 
determined that a uniformed Corps was no longer necessary, and it 
recommended that the organization be disestablished and replaced with a 
civilian staff. The Administration argued that the disestablishment of 
the Corps would result in some budget savings to the federal government 
and increase operational flexibility.
  Unfortunately, the Congress did not receive a legislative proposal 
for disestablishment from the Administration until May of last year, 
and in the interim, the Corps was subject to administrative hiring 
freezes and annual appropriations riders that whittled the Corps' ranks 
by more than 25%. Since last year, the Corps has continued to shrink 
through attrition. Understandably, the morale of the Corps members has 
been negatively affected by these actions and the uncertainty about 
their future. As a result of these developments combined, important 
NOAA operations have been negatively affected.
  Last fall, the Subcommittee on Oceans and Fisheries, which I chair, 
held a hearing on the Administration's disestablishment proposal. The 
Administration claimed that the replacement of the Corps with civilian 
personnel would save $2 million or more annually for the Federal 
government, primarily because of lower retirement costs for a civilian 
workforce. But upon examination by the Subcommittee, these estimated 
savings appeared to be suspect. The non-retirement costs of a civilian 
workforce could be much higher than the Administration estimated, and 
the likelihood of finding qualified civilians to replace the Corps 
officers in a short period of time is likewise very uncertain. In my 
view, the budget savings achieved by disestablishing the Corps would be 
marginal at best, but the American people would be losing a highly 
dedicated and professional cadre of men and women to perform many of 
NOAA's essential missions.
  Very recently, the Administration reconsidered its disestablishment 
proposal and has decided to abandon it. The Administration now proposes 
to maintain a streamlined NOAA Corps of 240 officers. While I 
appreciate the Administration's willingness to honestly reassess a 
proposal that it had advocated since 1994, I fear that the 240 number 
is too low to effectively operate NOAA's vessels, aircraft, and 
associated support units. The bill that we are introducing today 
reauthorizes the Corps and establishes a force range of between 264 and 
299 officers. This represents a substantial down-sizing of the Corps 
from a level of over 400 in 1994, but it ensures that a sufficient 
number of officers will be available to maintain NOAA's missions at a 
high level of effectiveness while providing a substantial degree of 
management flexibility to the agency. The bill also requires the 
Administration to immediately rescind the current moratorium on the 
commissioning of new officers and it requires the director of the Corps 
to be a Corps officer.
  This legislation is the product of careful examination and 
deliberation by the Subcommittee on Oceans and Fisheries and it 
represents a responsible solution to a problem that has been lingering 
for four years. I strongly urge my colleagues to support this 
bill.
 Mr. HOLLINGS. Mr. President, today, Senators Kerry, Snowe, 
Stevens, and I are introducing a bill which will address the future of 
the smallest of this Nation's seven uniformed services, the 
commissioned officer corps (Corps) of the National Oceanic and 
Atmospheric Administration (NOAA). This bill will set a floor on Corps 
officers of 264 and a ceiling of 299, designate a flag officer as the 
Director of the Corps, and lift the hiring freeze on NOAA Corps 
officers.
  Let me be clear at the outset. Since 1995 when the Administration 
proposed the disestablishment of the NOAA Corps, I have thought it was 
a solution in search of a problem. The NOAA Corps is a dedicated and 
highly skilled group of men and women who have served this Nation 
consistently and ably for almost two centuries. This uniformed officer 
corps operates NOAA vessels and planes, provides important scientific 
and technical services, and carries out programmatic responsibilities 
throughout the agency.
  NOAA Corps officers do more than routine work; they maintain an 
ability to provide a specialized, rapid response in emergencies. The 
actions of the NOAA ship, RUDE, after the tragic crash of TWA Flight 
800 demonstrate the importance of the Corps' work to NOAA and to the 
Nation. Managed and operated by NOAA Corps officers, the RUDE's sonar 
capabilities were used to locate crash debris and map the wreckage. In 
addition, ship officers served as liaison between Navy divers and 
members of the National Transportation Safety Board. The NOAA officers 
aboard the RUDE and those on-shore directing charting operations 
impressed the other myriad agencies who

[[Page S7286]]

responded to the disaster, even earning the Coast Guard's Public 
Service Commendation. As one newspaper headline put it, ``Obscure team 
gains respect at TWA site.''
  Corps officers also pilot NOAA aircraft through hurricanes at low 
altitudes, the only pilots trained with such skills anywhere in the 
world. The information they collect is essential for projecting the 
track and strength of hurricanes so that people in the path can 
prepare.
  It should be clear to all of us that the NOAA Corps provides a unique 
and valuable service. Speaking frankly, I do not understand the efforts 
to disestablish the Corps or let it wither and die through a hiring 
freeze. None of the studies on converting the Corps to civilian status 
have shown a significant cost savings. A GAO study showed savings of 2 
percent, another study by Arthur Andersen showed a cost increase of 2 
percent, and the Hay/Huggins report concluded that costs were 
essentially the same for the Corps or civilians. It seems to me that 
there is not a justification for doing away with the Corps based on 
these studies of cost savings.
  This is an issue that must be resolved. The Corps has not been 
permitted to recruit new officers since October 1994, and this 
methodical, de factor elimination of positions has continued without 
the oversight of approval of the Congress. While we have been 
discussing the issue, the natural retirements and attribution of time 
have been slowly bleeding the strength out of the NOAA Corps. The Corps 
stands now at 248 members, down 44 percent from its highest level of 
439 in 1995.
  That is why we are introducing the NOAA Corps Continuation Act today. 
We cannot let the members of this service continue in limbo. NOAA's 
recently released plan to restructure the Corps is not acceptable. It 
takes into account neither the reductions in personnel already achieved 
nor the need for officers to have shore assignments. We need to set a 
realistic strength level for the Corps, designate a Director of the 
Corps from within the ranks, and life the hiring freeze. I thank 
Senator Kerry for his leadership on this issue and urge my colleagues 
to act swiftly on this legislation so that NOAA can continue to have 
the Corps' expertise in carrying out the agency's vital 
missions.
                                 ______
                                 
      By Ms. LANDRIEU:
  S. 2257. A bill to reauthorize the National Historic Preservation 
Act; to the Committee on Energy and Natural Resources.

                          ____________________