United States · United States Congress · 19 March 1998
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Declares such medals to be national medals.
United States · United States Congress · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 4 March 1998
IMF Transparency and Efficiency Act of 1998 - Amends the International Financial Institutions Act to prohibit any U.S. officer, employee, or agent from providing, directly or indirectly, Federal funds to, or for the benefit of, the International Monetary Fund (IMF) unless: (1) the Secretary of the Treasury certifies to specified congressional committees that the IMF has met certain informational and loan rate requirements, and has established an independent advisory board to review its research, operations, and loan programs; and (2) the Congress has enacted a joint resolution approving the certification.
United States · United States Congress · 26 February 1998
Public Expression of Religion Act of 1998 - Amends Federal law regarding civil actions for deprivation of rights to: (1) limit the remedies with respect to a claim under such law to injunctive relief where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion; and (2) prohibit the award of attorney's fees with respect to such a claim.
United States · United States Congress · 26 February 1998
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 26 February 1998
Expresses the sense of the Congress that the United States should not take military action against Iraq unless that action is specifically authorized by a law enacted after the date of the adoption of this resolution.
United States · United States Congress · 25 February 1998
Credit Union Membership Protection Act - Amends the Federal Credit Union Act to permit any person who is a Federal credit union member as of February 25, 1998, to retain member status if such status would be lost as a result of a certain Supreme Court decision construing membership criteria.
United States · United States Congress · 25 February 1998
Amends the National Sea Grant College Program Act to explicitly exclude Lake Champlain from the definition of "Great Lakes." (Current law explicitly includes Lake Champlain in that definition.)
United States · United States Congress · 24 February 1998
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
United States · United States Congress · 12 February 1998
Title X Parental Notification Act of 1998 - Declares that, notwithstanding any other provision of law, no provider of services under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Prohibits making available any funds appropriated for carrying out title X to any family planning project under specified provisions of that title if any service provider in the project knowingly provides contraceptive prescription drugs or devices to a minor, unless: (1) the minor is emancipated; (2) by court direction; (3) the provider has given actual written notice to the custodial parent or guardian five days in advance; or (4) the minor has written consent of a custodial parent or guardian.
United States · United States Congress · 12 February 1998
Title X Child Abuse, Rape, Molestation, and Incest Reporting Act - Declares that, notwithstanding any other provision of law, no service provider under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
United States · United States Congress · 5 February 1998
Electronic Campaign Disclosure Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to require the Federal Election Commission to: (1) establish a specified public Internet site not later than January 1, 1999; (2) permit persons required to file reports under FECA to file such reports by directly posting them on the Internet site or by filing them electronically to enable the Commission to post reports on such site immediately upon receipt; (3) provide for one or more methods (other than requiring a signature on the reports being filed) for verification of reports filed in accordance with the methods described in the preceding; (4) require a person to file a report in accordance with the methods described during an election cycle if the aggregate amount of contributions and expenditures reported previously by the person during the cycle exceeds $25,000; and (5) obtain and provide for computer software required to carry out this Act through competitive bidding. Requires that if a political committee is required to file reports electronically during an election cycle, the committee shall file a report listing each contribution of $100 or more received by the committee not later than ten days after receipt and include the contributor's identification, the date of receipt and the contribution amount, and (in the case of a candidate's authorized committee) the candidate's name and the office sought by the candidate. Expands the types of contributions required to be reported by principal campaign committees subject to the mandatory electronic reporting requirements under this Act and changes the deadline for reporting such contributions by any authorized committee of a candidate.
United States · United States Congress · 4 February 1998
Teachers in the Classroom Act - Authorizes the Secretary of Education to award grants to State Governors to provide funds to local educational agencies to hire elementary and secondary teachers or qualified instructional personnel to reduce overcrowded classes. Sets forth requirements for State and local eligibility, distribution of funds, program administration, evaluation, and reports. Allows State Governors to use up to ten percent of funds received under this Act to establish programs to improve instructional quality by providing incentives to encourage innovative teacher training programs, establish alternate certification and licensure procedures, or to hire nontraditional personnel. Authorizes appropriations.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 27 January 1998
Tax Code Termination Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 13 November 1997
Calls for Sara E. Lister, Assistant Secretary of the Army for Manpower and Reserve Affairs, to resign from office or, in the alternative, be removed from such office by the President.
United States · United States Congress · 9 November 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 8 November 1997
Prohibits the Secretary of Transportation from imposing any requirement with respect to the unloading of a cargo tank vehicle in liquefied compressed gas service that has the effect of: (1) requiring more than one attendant for the unloading; or (2) preventing the attendant from being positioned at the customer storage tank during the unloading.
United States · United States Congress · 7 November 1997
Multichannel Video Competition and Consumer Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) initiate, and report to specified congressional committees on, an inquiry on the extent to which a certain differential fee decision (relating to the per subscriber per month royalty fee for the retransmission of superstation and distant network signals by direct-to-home satellite service providers) constitutes an impediment to the development of effective market competition for multichannel video programming distribution; and (2) based on such inquiry, make necessary regulatory changes. Includes direct-to-home satellite services under provisions protecting telecommunications services from piracy. Prohibits any U.S. officer or employee from taking any action to implement or enforce the differential fee decision until 120 days after FCC submission of its report.
United States · United States Congress · 7 November 1997
Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a compliance assistance program of cooperative agreements with the States, under which employers may consult with State officials about compliance with occupational safety and health requirements as well as voluntary efforts employers may undertake. Requires States, under such agreements, to provide on-site consultation upon employer request. Authorizes States to provide other education and training programs for employers and employees. Requires such program activities to be conducted independently of enforcement activities. Exempts employers from certain inspections if they request and undergo on-site consultative visits and correct identified hazards and agree to request subsequent visits if there are major changes in working conditions or processes which introduce new hazards. Requires at least 90 percent of funds appropriated for compliance assistance activities under OSHA to be used for such compliance assistance program.
United States · United States Congress · 7 November 1997
Prohibits the Secretary of Labor from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 6 November 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or to an applicable program, to develop, plan, implement, or administer any national testing program. Amends the Elementary and Secondary Education Act of 1965 to establish a similar prohibition against use of certain funds (from the Fund for the Improvement Education) for any national testing program. Exempts from such funding prohibitions the Third International Mathematics and Science Study.
United States · United States Congress · 6 November 1997
Commends the personnel who served in the Asiatic Fleet of the United States Navy between 1910 and 1942. Expresses support for the goals of United States Navy Asiatic Fleet Memorial Day.
United States · United States Congress · 5 November 1997
Bulletproof Vest Partnership Grant Act of 1997 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States or units of local government to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, a mandatory wear policy, and a violent crime rate at or above the national average. Sets forth provisions regarding matching funds and allocation of funds, State and local applications, and grant application renewal. Prohibits any State or unit of local government that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.
United States · United States Congress · 31 October 1997
Iran Missile Protection Act of 1997 - Authorizes supplemental appropriations for FY 1998 for the Department of Defense for cooperative activities with Russia for determining: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian missile threat. Requires a certification by the President to the Congress with respect to the information to be released by Russia before such funds may be appropriated. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information. Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril. Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions.
United States · United States Congress · 24 October 1997
Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions, with written justification to Congress, on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 9 October 1997
Sound Scientific Practices Act - Requires the Secretary of Labor, upon determining that a standard should be promulgated under the Occupational Safety and Health Act of 1970, to appoint a panel of individuals to review and report on: (1) the scientific and economic data which form the basis for such standard; and (2) the relevance of the data to industries and workers which such standard would affect.
United States · United States Congress · 9 October 1997
Expresses the sense of the Congress that: (1) all schools should be drug-free; (2) all Federal, State, and local drug fighting agencies should work together with schools and parents to ensure that a renewed effort is made to fight the distribution, sale, and use of illegal drugs in our schools and to America's youth; (3) all governmental leaders and parents share a role in raising awareness of this issue and offering constructive alternatives to illegal drug use; and (4) the Congress and the President should set a goal and work with local communities and parents to end the distribution, sale, and use of illegal drugs in the Nation's schools by the year 2000.
United States · United States Congress · 7 October 1997
Disapproves the President's cancellations (line item veto) of appropriations for 38 military construction projects in the Military Construction Appropriations Act, 1998.
United States · United States Congress · 6 October 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act of 1971 to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
United States · United States Congress · 6 October 1997
Religious Fairness in Bankruptcy Act of 1997 - Amends Federal bankruptcy law, with respect to avoidance of fraudulent transfers and obligations by the bankruptcy trustee, to provide that a transfer of a donation to a religious unit made by a debtor from a sense of religious obligation such as tithes, shall be considered to have been made in exchange for a reasonably equivalent value.
United States · United States Congress · 6 October 1997
Prohibits the Administrator of the Environmental Protection Agency from controlling the consumption, production, importation, or export of methyl bromide for pesticide use, except: (1) as required by the Montreal Protocol of all parties; or (2) upon a Department of Agriculture certification of appropriate alternatives or substitutes.
United States · United States Congress · 6 October 1997
North Carolina Outer Banks Protection Act of 1997 - Prohibits the Secretary of the Interior from issuing any lease, approving any exploration plan, or approving any drilling or permit to drill for oil or gas on any land of the Outer Continental Shelf off the coast of North Carolina. States that such prohibition shall remain in effect until 45 days of continuous session of the Congress after the date on which the Secretary certifies to the Congress that the Governor of North Carolina has notified the Secretary that the State does not object to the proscribed activity.
United States · United States Congress · 1 October 1997
Farmers' Temporary Employment Assistance Act - Amends the Immigration and Nationality Act to establish: (1) an alternative temporary agricultural worker process based upon a labor condition attestation filed by an employer and accepted by the appropriate State agency; and (2) a nonimmigrant visa category for such aliens. Sets forth program provisions.
United States · United States Congress · 1 October 1997
Marriage Penalty Relief Act - Amends the Internal Revenue Code to allow as a deduction, on a joint return, an amount equal to the lesser of: (1) $30,000; or (2) the qualified earned income of the spouse with the lower qualified earned income.
United States · United States Congress · 26 September 1997
TABLE OF CONTENTS: Title I: Alternative Fuels--General Title II: Alternatives Fuels--Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Private Vehicles Energy Policy Act Amendments of 1997 - Title I: Alternative Fuels--General - Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel. (Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles. (Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles. Title II: Alternative Fuels -- Non-Federal Programs - Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles. (Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program. (Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits. (Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
United States · United States Congress · 26 September 1997
Pfiesteria Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce (acting through the Director of the National Marine Fisheries Service), the Secretary of Health and Human Services (acting through the Directors of the National Institute of Environmental Health Sciences and the Centers for Disease Control and Prevention), and the Secretary of Agriculture to: (1) establish a research program for the eradication or control of Pfiesteria piscicida and other aquatic toxins; and (2) make grants to specified colleges, universities, and other entities in affected States for carrying out such research. Authorizes appropriations.
United States · United States Congress · 25 September 1997
Prohibits the Secretary of the Interior from expending any funds for preparation, conduct, preleasing, and leasing activities with respect to an oil or gas lease sale on any lands of the Outer Continental Shelf between the seaward boundary between the States of Connecticut and Rhode Island and the seaward boundary between the States of North Carolina and South Carolina.
United States · United States Congress · 24 September 1997
Guadalupe-Hidalgo Treaty Land Claims Act of 1997 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties. Authorizes appropriations.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Issues Title II: Improved Bankruptcy Administration Responsible Borrower Protection Bankruptcy Act - Title I: Consumer Bankruptcy Issues - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy (under chapter 7 (Liquidation)) if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Modifies notice requirements to apprise a consumer debtor of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 104) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 105) Instructs the bankruptcy court to confirm the bankruptcy plan of an individual if it provides that the holder of a secured allowed claim retains the lien securing such claim until discharge of all debts. (Sec. 106) Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 107) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 108) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim determined under applicable non-bankruptcy law has been paid in full as of the date of conversion. (Sec. 109) Terminates the automatic stay 30 days after filing of a petition if a petition was pending and dismissed under chapter 7 the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 110) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 111) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 112) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 113) Establishes the Bankruptcy Exemption Study Commission to study and report to the Congress on issues and problems in the bankruptcy system, including whether exemptions should be uniform nationally, and the appropriate size of exemptions in individual cases. Authorizes appropriations. (Sec. 114) Mandates that a chapter 13 debtor file a bankruptcy plan within a specified deadline. (Sec. 115) Changes from discretionary to mandatory the court's authority to dismiss an individual debtor case if relief would be a substantial abuse of chapter 7. Requires the court to find that substantial abuse exists if: (1) the debtor is ineligible for chapter 7 relief under the needs-based test; or (2) the totality of the circumstances of the debtor's financial situation demonstrate substantial abuse. (Sec. 116) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 117) Mandates a maximum five-year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. (Sec. 118) Revises prescriptions governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought Chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 120) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile, or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a Chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. (Sec. 121) Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Title II: Improved Bankruptcy Administration - Modifies the organization of bankruptcy courts to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 202) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 203) Directs the Administrative Office to establish and maintain a nationwide debtors' docket accessible to searches by any users. (Sec. 204) Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 207) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Terminates such stay if the debtor fails to complete an intended surrender of consumer debt collateral. (Sec. 210) Expands debtor's duties to require filing with the bankruptcy court: (1) Federal tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from the commencement of the case until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 211) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 212) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 213) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 17 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 16 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2000; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2000. Prohibits the provisions of the preceding sentence from applying to taxes imposed by the following chapters of the Code: (1) two (relating to the tax on self-employment income); (2) 21 (Federal Insurance Contributions Act); and (3) 22 (Railroad Retirement Tax Act).
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 11 September 1997
First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan. Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park. Waives certain coin program restrictions.
United States · United States Congress · 9 September 1997
Amends the National Trails System Act to: (1) delete provisions prohibiting the interim use of any established railroad rights-of-way for historic or recreation trails under such Act from being treated as abandonment of the use of such rights-of-way for railroad purposes; and (2) authorize the Surface Transportation Board, if a State, political subdivision, or qualified private organization is prepared to assume full responsibility with respect to the portion of any railroad right-of-way donated, transferred, leased, or otherwise conveyed for use for establishment of such a trail, for its management, for any legal liability arising out of such right-of-way, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, to impose such terms and conditions as a requirement of any transfer or conveyance for interim use in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service. States that such Act shall not preempt State law with respect to the establishment of, and rights incident to, an easement, right-of-way, or other property interest in land.
United States · United States Congress · 5 September 1997
Amends the Line Item Veto Act of 1996 to remove a requirement that makes the President's line item veto authority contingent on a cancellation (line item veto) reducing the Federal budget deficit.
![Official portrait of Rep. Jones, Walter B., Jr. [R-NC-3]](https://www.congress.gov/img/member/j000255_200.jpg)