User Fee Act of 1998

TABLE OF CONTENTS:

Title I: Food and Drug Administration Fees

Part A: User Fees

Part B: General Provisions

Title II: Medicare Administrative Fees

Title III: Miscellaneous User Fees

Title IV: Tax Increases

User Fee Act of 1998 - Title I: Food and Drug Administration Fees - Part A: User Fees - Directs the Secretary of Health and Human Services to establish fees to cover activities of the Food and Drug Administration (FDA) in connection with: (1) petitions and notifications for food additives, food contact substances, and color additives; (2) applications for approval of generic drugs; (3) applications for approval of animal drugs; (4) applications for approval of medical devices; (5) the review of import inspections and export certificates for drugs, devices, and food subject to regulation under the Federal Food, Drug, and Cosmetic Act; and (6) regulating entities subject to FDA oversight.

Part B: General Provisions - Set forth provisions concerning, among other things: (1) fee amounts and availability; (2) assessment, publication, and reduction or waiver of fees; and (3) with respect to such fees, the FDA agency plan and reporting requirements.

Title II: Medicare Administrative Fees - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to impose, to the extent provided in appropriations Acts, fees for initial Medicare+Choice contracts and annual fees for renewal of such contracts and monitoring of the ongoing operations of Medicare+Choice organizations.

(Sec. 201) Directs the Secretary to establish fee amounts annually, which shall not exceed reasonably estimated costs. Allows the Secretary to provide for reduction or waiver of such fees in exceptional circumstances in the public interest. Requires such fees to be credited to the Health Care Financing Administration Program Management Account.

(Sec. 202) Amends SSA title XVIII part D (Miscellaneous Provisions) to repeal the prohibition against the imposition of fees for conducting certification surveys. Requires imposition of such fees, except upon entities subject to the Clinical Laboratory Improvement Amendments of 1998. Prohibits an entity from including such a fee as an allowable item on a cost report under SSA title XVIII or XIX (Medicaid).

(Sec. 203) Directs the Secretary to establish a procedure for initial and periodic renewal of registration of individuals and entities that furnish items or services for which Medicare payment may be made and that are not otherwise subject to Medicare provisions for such procedures.

Requires the Secretary, to the extent provided in appropriations Acts, to impose: (1) fees for initial agreements with service providers, and initial registrations of other entities and individuals that furnish items or services for which Medicare payment may be made; and (2) annual fees to cover the costs of renewals of agreements and registrations of such individuals and entities. Sets forth fee- related assessment limitations, crediting requirements, and cost- reporting restrictions similar to those for the other fees required by this title.

(Sec. 204) Outlines requirements for new mandatory fees for review, audit, and cost settlement activities under the Medicare Integrity Program, to be credited to the Health Care Fraud and Abuse Control Account.

(Sec. 205) Subjects certain claims to a $1 processing fee, including claims which duplicate another claim submitted by the same individual or entity, and claims which are not submitted electronically. Allows the waiver of fees in the latter case where compelling circumstances exist. Sets forth guidelines for the collection, crediting, and availability of such fees similar to the guidelines for initial Medicare+Choice contract and renewal fees.

Title III: Miscellaneous User Fees - Amends the Department of Agriculture Reorganization Act to authorize the Secretary of Agriculture to collect fees to cover costs of providing services under specified agricultural laws.

(Sec. 302) Requires the Secretary of Commerce to collect fees for the provision of navigation assistance and fisheries management and enforcement services. Limits a fisheries management fee to one percent of the ex-vessel value of harvested fish with respect to which the fee is collected.

(Sec. 304) Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents.

(Sec. 305) Authorizes appropriations to the International Trade Administration, to be derived from fees collected for the provision of export promotion services.

(Sec. 306) Amends the Omnibus Budget Reconciliation Act of 1993 to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations.

(Sec. 307) Amends the Immigration and Nationality Act to require the Secretary of Labor, beginning in FY 2000, to impose fees for the filing of applications for labor certifications, employer attestations, or similar petitions required for programs relating to the provision to an alien of immigrant or nonimmigrant employment- based status.

(Sec. 308) Directs the Secretary of Transportation to collect fees for the provision of navigation assistance services.

(Sec. 309) Amends Federal law to require the Surface Transportation Board to prescribe a schedule of user fees for carriers subject to the Board's jurisdiction.

(Sec. 310) Requires the Secretary of the Army to collect fees from applicants for permits for the discharge of dredged or fill material into navigable waters under the Federal Water Pollution Control Act for: (1) evaluation of permit applications; (2) preparation of environmental impact statements in connection with permit issuance; and (3) delineation of wetlands for major developments affecting wetlands.

Establishes the Army Civil Works Regulatory Program Account in the Treasury into which such fees shall be deposited. Makes the Account available to the Secretary for costs incurred in administering laws pertaining to regulation of U.S. navigable waters.

(Sec. 311) Establishes in the Treasury a radiological emergency preparedness fund for offsite radiological emergency planning, preparedness, and response.

Requires the Director of the Federal Emergency Management Agency to collect fees from persons subject to radiological emergency preparedness regulations, to be deposited in such fund.

(Sec. 312) Directs the Chairman of the National Transportation Safety Board to collect fees from air carriers to cover partial costs of aviation accident investigations. Caps such fees at $6 million per fiscal year.

(Sec. 313) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to authorize fees to be assessed on persons rendering services in connection with claims for benefits where their service fees are fixed or approved by the Commissioner of Social Security or determined by a court.

Authorizes appropriations for administrative expenses in carrying out such title and related laws from amounts credited to a special Treasury account from such assessments.

Applies service fee provisions to title XVI (Supplemental Security Income) of the Social Security Act as well.

(Sec. 314) Amends Federal law to extend provisions for railroad carrier user fees through FY 2003.

(Sec. 315) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize an increased maximum ad valorem rate adjustment for certain customs merchandise processing. Makes fees collected in excess of the established .21 percent ad valorem to be available for expenses incurred by the Secretary of the Treasury for the National Customs Automation Program.

(Sec. 316) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to levy fees upon applicants for pesticide registration, amendments to registration, and experimental use permits to cover costs associated with application review. Provides for waivers or reductions of fees under specified circumstances.

(Sec. 317) Authorizes the Administrator to assess fees from persons required to submit certain test data under the Toxic Substances Control Act without regard to dollar limitations specified in such Act.

(Sec. 318) Amends the Omnibus Reconciliation Act of 1990 to extend the Nuclear Regulatory Commission's authority to assess certain user fees and annual charges through FY 2003.

(Sec. 319) Amends the Federal Deposit Insurance Act (FDIA) to require the Federal Deposit Insurance Corporation to assess fees for examinations against insured depository institutions.

Amends the Federal Reserve Act (FRA) to require (currently, authorize) fees to be assessed against banks examined (other than those examined by State authorities) upon order of the Board of Governors of the Federal Reserve System (Federal Reserve Board).

Amends the FDIA to reduce annual regular examination fees imposed on any State depository institution under the FDIA, FRA, or the Home Owners' Loan Act to reflect that the supervision of the institution by a State bank supervisor has reduced the need for Federal supervision. Bars the imposition of such fees on institutions with assets of less than $100 million.

Directs the Federal Reserve Board to report to the Congress on: (1) total costs incurred by the Board during the preceding year attributable to examinations of bank holding companies; and (2) total amounts assessed against, and paid by, such holding companies for examinations.

(Sec. 319) Extends through FY 2005 National Park Service (NPS) authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary of the Interior to specified congressional committees on the program's status.

(Sec. 320) Repeals the Concessions Policy Act of 1965.

Directs the Secretary to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems necessary and appropriate in the National Park System.

Authorizes the Secretary, upon request and under specified criteria, to allow such entities to provide services to park visitors through a commercial use authorization. Requires the provision of such services to have minimal impact on park resources and values and to be consistent with park purposes. Provides a two-year term limit for the provision of such services.

Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows the award of a temporary contract to avoid interruption of services.

Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated annual gross receipts exceeding $5 million or of a duration of ten or more years.

Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts under this section, with exceptions; or (2) provide new or additional services at a park. Allows preferential rights of renewal to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000.

Sets forth criteria for determining franchise fees, including fees for multiple concession contracts within a park.

Requires all fees to be covered into a special Treasury account established for reallocation to National Park System units for resource management and protection, maintenance activities, interpretation, and research.

Directs the Inspector General of the Department of the Interior to conduct biennial audits of concession fees.

Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract.

Requires the approval of the Secretary before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance.

Grants possessory interest to concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act.

Places conditions on a concessioner's rates and charges to the public.

Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; and (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance.

Grants the Comptroller General, until the expiration of five calendar years after the close of the business year for each concessioner, access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to contracts.

Exempts contracts awarded by the Secretary under this section from certain provisions of Federal law relating to the leasing of U.S. buildings and properties.

Authorizes appropriations.

(Sec. 321) Amends Federal law to authorize the use of the Airport and Airway Trust Fund for costs incurred by the Federal Aviation Administration (FAA) after FY 1999.

Requires fees to be assessed for FAA services obtained outside the United States.

Title IV: Tax Increases - Expresses the sense of the House of Representatives that specified tax increases proposed by the President should be enacted as soon as possible.