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United States · Official source
984 records where Rep. Riggs, Frank [R-CA-1] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 14 October 1998
Removes Representative Charles Schumer as a member of the House Judiciary Committee for the remainder of the 105th Congress.
United States · United States Congress · 10 September 1998
Code of Conduct on Arms Transfers Act of 1998 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.
United States · United States Congress · 10 September 1998
TABLE OF CONTENTS: Title I: Provisions Primarily Affecting Individuals Title II: Provisions Primarily Affecting Businesses Subtitle A: Certain Expiring Provisions Modified and Made Permanent Subtitle B: Credit for Clinical Testing Research Expenses Attributable to Certain Qualified Academic Institutions Including Teaching Hospitals Tax Relief for Working Americans Act of 1998 - Title I: Provisions Primarily Affecting Individuals - Amends the Internal Revenue Code to make the basic standard deduction for married individuals twice the deduction for unmarried individuals. (Sec. 102) Provides for the full deduction for health insurance costs of individuals not eligible to participate in employer-subsidized health plans. (Sec. 103) Revises provisions concerning the aggregate amount of nonrefundable personal credits allowed to provide that the aggregate amount of such credits shall not exceed the sum of the taxpayer's regular tax liability and the alternative minimum tax. (Sec. 104) Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase, for any taxable year ending after 1998 and before 2000, the monthly exempt amount for individuals who have attained retirement age. Title II: Provisions Primarily Affecting Businesses - Subtitle A: Certain Expiring Provisions Modified and Made Permanent - Makes permanent the credit for increasing research activities. Increases the alternative incremental credit rate. (Sec. 202) Makes permanent the work opportunity credit. Sets forth, as a general rule, that the amount equal to the work opportunity credit amount with respect to any wages paid for any calendar quarter by an eligible tax-exempt employer shall be treated as payment by such employer of such employer's tax liability for such calendar quarter. (Sec. 203) Extends permanently the special rule for contributions of stock for which market quotations are readily available. (Sec. 204) Excludes from the definition of "foreign personal holding company income" income which is derived in the active conduct by a controlled foreign corporation of a banking, financing, or similar business, subject to stated conditions. Subtitle B: Credit for Clinical Testing Research Expenses Attributable to Certain Qualified Academic Institutions Including Teaching Hospitals - Establishes a medical innovation credit equal to 20 percent of the excess (if any) of: (1) the qualified medical innovation expenses for the taxable year; over (2) the medical innovation base period amount. Defines terms.
United States · United States Congress · 4 August 1998
Expresses the sense of Congress that State and local governments and local educational agencies are encouraged to: (1) dedicate at least one day of learning to the study and understanding of the significance of the Declaration of Independence, the Constitution, and the Federalist Papers; and (2) include a requirement that, before receiving a certificate or diploma of graduation from high school, students be tested on their competency in understanding those works.
United States · United States Congress · 17 July 1998
Community Services Authorization Act of 1998 - Amends the Community Services Block Grant Act (CSBGA) to reauthorize and revise its programs. (Sec. 2) Extends through FY 2003 the authorization of appropriations for community services block grants. Directs the Secretary of Health and Human Services (HHS) to reserve specified portions of annual appropriations for payments to territories, training and technical assistance and other activities, and discretionary activities. Revises or adds provisions relating to: (1) program authorization; (2) apportionment of funds to territories; (3) allotment and payment of funds to States; (4) use of funds by States for grants to eligible entities; (5) State applications and plans; (6) designation and redesignation by States of eligible entities in unserved areas of the State; (7) tripartite boards for eligible entities; (8) direct payment of funds by the Secretary to Indian tribes and tribal organizations; (9) the Secretary's carrying out certain functions of the Act through the Office of Community Services, and through grants, contracts, or cooperative agreements; (10) the Secretary's use of set-aside funds for training, technical assistance, planning, evaluation, and data collection activities; (11) State monitoring of eligible entities to determine whether such entities meet performance goals, administrative standards, financial management requirements, and other State requirements; (12) corrective action, termination and reduction of funding, in cases where a State determines that an eligible entity materially fails to comply with the terms of an agreement or the State plan, or to meet appropriate standards, goals, and other State requirements; (13) fiscal controls, audits, and withholding of Federal funds; (14) Federal and State accountability and reporting on the performance of eligible entities; (15) limitations on the use of funds; (16) participation of faith-based organizations in programs under the Act; and (17) the Secretary's use of set-aside funds for discretionary activities involving community economic development, rural community development, and neighborhood innovation projects. (Sec. 3) Extends through FY 2003 the authorization of appropriations, under CSBGA, for the Secretary to make grants for: (1) community food and nutrition programs; and (2) national or regional programs designed to provide instructional activities for low-income youth. Allows State drug testing of participants in programs, activities and services under CSBGA. Requires eligible entities to make certain paternity determinations. (Sec. 5) Repeals requirements of the Human Services Reauthorization Act of 1986 relating to: (1) interest rates payable on certain rural development loans, and assignment of loan contracts; and (2) demonstration partnership agreements addressing the needs of the poor.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
Head Start Amendments of 1998 - Amends the Head Start Act to reauthorize and revise its programs. (Sec. 3) Revises the statement of purpose to promote school readiness by enhancing the social and cognitive development of low-income children. (Sec. 4) Revises definitions of family literacy services and of full-working-day. Adds definitions of child with a disability and of reliable and replicable research. (Sec. 5) Provides for financial assistance to Head Start programs that enable children to attain school readiness (as well as to attain their full potential). (Sec. 6) Extends through FY 2003 the authorization of appropriations for Head Start program activities. Directs the Secretary of Education to make available certain amounts for such program activities, transition activities, impact studies, other research and evaluation activities, and family literacy services. (Sec. 7) Revises requirements for allotment of funds. Allows set-aside funds to be used for: (1) activities related to correcting deficiencies and conducting proceedings to terminate the designation of Head Start agencies; and (2) research and evaluation. Revises funding for Indian and migrant and seasonal Head Start programs. Directs the Secretary to: (1) continue the administrative arrangement for meeting the needs of migrant and Indian children; and (2) assure that appropriate funds are provided to meet the needs of such children. Revises requirements relating to use of quality improvement funds for: (1) children with disabilities; (2) encouraging staff training; and (3) staff training related to promoting language skills and literacy growth of children and the acquisition of English by children from non-English-speaking backgrounds, fostering school readiness skills, and addressing children's problems, including dysfunction, violence, and substance abuse in their families and communities. Requires that each State initially receive an amount of Head Start funds equal to the amount received in FY 1998. Revises various requirements for collaboration grants. Directs the Secretary to provide supplemental funding to States that engage in other innovative collaborations, including plans for collaborative training and professional development initiatives for child care, early childhood education, and Head Start service managers, providers, and staff. Requires the Secretary to: (1) review barriers to collaboration; and (2) develop initiatives to eliminate such barriers. Increases the amount of funds set-aside for Early Head Start. Authorizes the Secretary to reduce these amounts, if necessary to avoid a reduction in Head Start services or quality, subject to certain conditions. Revises requirements relating to enrollment of children with disabilities. Directs the Secretary to consider specified factors concerning applicants in awarding expansion funds. (Sec. 8) Revises requirements relating to designation of Head Start agencies. Allows designation of for-profit organizations. Revises priority designation requirements and considerations. Directs the Secretary to designate an interim Head Start grantee until a qualified applicant from the community is designated. (Sec. 9) Requires education performance standards to ensure children's school readiness and development of a minimum level of literacy and numeracy awareness and understanding. Requires performance measures to assess the impact of the services provided to children and their families. Revises monitoring provisions to require: (1) review teams to include individuals knowledgeable about the needs of children with disabilities; (2) reviews to include a review and assessment of program effectiveness in accordance with results-based performance measures and performance standards; and (3) seeking out information from the community and the State on the program's performance and its collaboration with other entities in carrying out early childhood education and child care programs in the community. Requires Head Start agencies to: (1) correct any identified deficiencies that threaten health or safety or the integrity of Federal funds within 90 days, if the Secretary determines that 90 days is reasonable; and (2) develop and obtain approval for a quality improvement plan, if required by the Secretary. (Sec. 10) Revises powers and functions of Head Start agencies. (Sec. 11) Requires each Head Start agency to coordinate with the local education agency and schools in which participating Head Start children will enroll. (Sec. 12) Allows State Governors 60 days in which to disapprove any plan to carry out a Head Start program within the State through contract, agreement, grant, or other assistance. Prohibits the Secretary from overruling a Governor's disapproval in cases in which the disapproval is because of failure to comply with State health, safety and child care laws and regulations applicable to comparable programs within the State. (Sec. 13) Eliminates a Head Start Act requirement that all laborers and mechanics employed by contractors or subcontractors in construction or renovation of Head Start program facilities be paid at least prevailing local wages for such work in accordance with Davis-Bacon Act requirements. (Sec. 14) Revises requirements for participation in Head Start regarding continuing eligibility of children who have participated in the Head Start program and whose families have met the low-income criteria. (Sec. 15) Revises requirements for Early Head Start programs for families with infants and toddlers. Provides for infants and toddlers with disabilities. Limits eligibility to pregnant women and families with children under age three. Directs the Secretary to use a portion of Early Head Start funds for monitoring, training, technical assistance, and evaluation. (Sec. 16) Provides for certain technical assistance and training with respect to collaborative efforts toward full-day, full-year Head Start services, early childhood education, child care, and family literary services. (Sec. 17) Establishes a program of grants and other assistance for family literacy services under the Head Start Act. Directs the Secretary to make competitive grants for up to 100 Head Start agencies to initiate provision of family literacy services through collaborative partnerships with entities that provide: (1) adult education services; (2) Even Start programs under the Elementary and Secondary Education Act of 1965; or (3) other services deemed necessary for providing family literacy services. Authorizes the Secretary to provide: (1) training and technical assistance to Head Start agencies that already provide family literacy services; (2) financial assistance to designated mentor Head Start agencies that demonstrate effective implementation of family literacy services, in order to provide training and technical assistance to other agencies; and (3) grants or other assistance to facilitate training and technical assistance to programs for development of collaboration agreements with other service providers. (Sec. 18) Requires each Head Start classroom to have a teacher with demonstrated competency to perform certain functions. Directs the Secretary to: (1) ensure, by the end of FY 2003, that the majority of all Head Start classrooms in a center-based program are assigned one teacher who has an associate, baccalaureate, or an advanced degree in early childhood education or development; and (2) require Head Start agencies to demonstrate continuing progress each year to reach that result. Requires, in the remaining balance of such classrooms, that there be assigned one teacher who has: (1) a child development associate (CDA) credential that is appropriate to the age of the children being served in center-based programs; (2) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a CDA credential; or (3) a degree in a field related to early childhood education with experience in teaching preschool children and a State-awarded certificate to teach in a preschool program. (Sec. 19) Requires research and evaluation studies and reports on the following: (1) models for integrating family literacy services with Head Start programs; (2) comparisons of children participating in Head Start with eligible children who did not participate; (3) national Head Start impact; and (4) use of quality improvement funds. (Sec. 20) Repeals a consultation requirement. (Sec. 22) Repeals the Head Start Transition Project Act.
United States · United States Congress · 25 June 1998
Amends the Internal Revenue Code to repeal the occupational tax on retail and wholesale dealers of liquor and beer and on rectifiers and brewers.
United States · United States Congress · 24 June 1998
Economic Growth Act of 1998 - Amends the Internal Revenue Code to reduce individual capital gains tax rates.
United States · United States Congress · 19 June 1998
Older Americans Amendments of 1998 - Revises the Older Americans Act of 1965 in toto. (Sec. 3) Retains the Administration on Aging in the Office of the Secretary of Health and Human Services, as well as the Assistant Secretary for Aging. Changes from mandatory to optional: (1) the Office for American Indian, Alaskan Native, and Native Hawaiian Programs (renamed the Office on Native Americans); and (2) the Office of Long-Term Care Ombudsman Programs. Directs the Assistant Secretary to designate individuals with pertinent expertise who shall be responsible for administration of: (1) grants for Native American programs on aging; (2) Federal activities relating to State long-term care ombudsman programs; and (3) nutrition services. Revises the duties of the Assistant Secretary. Repeals the specific mandate for the Assistant Secretary to engage in certain activities with respect to policy alternatives for long-term care. Eliminates the National Center on Elder Abuse, the National Aging Information Center, and the Federal Council on the Aging. Authorizes appropriations. Revises and consolidates programs of grants to Native Americans, Alaskan Natives, and Native Hawaiians for the delivery costs of supportive and nutrition services. Prescribes the distribution of funds among the appropriate organizations. Retains the Secretary of the Interior's authority, acting through the Bureau of Indian Affairs, to make surplus educational facilities available for multipurpose senior centers. Authorizes appropriations. Revises the programs of grants for State and community programs on aging. Prescribes the allotment of funds for supportive services, multipurpose senior centers, and nutrition services. Retains basic existing requirements for such grants, services, and centers. Eliminates certain rights relating to in-home services for frail older individuals. Repeals authority for: (1) school-based meals for volunteer older individuals and multigenerational programs; (2) specified in-home services for frail older individuals; (3) additional assistance for the special needs of older individuals; (4) specified disease prevention and health promotion services; (5) supportive activities for caretakers who provide in-home services for frail older individuals; (6) specified research; (7) numerous specified demonstration projects, including those concerning ombudsman and advocacy, housing, and pension rights; and (8) numerous specified grant programs, including the neighborhood senior care program, Resource Centers for Native American Elders, and career preparation for the field of aging. Authorizes appropriations. Revises requirements for State long-term care ombudsman programs. Repeals the mandate that a State agency establish an Office of the State Long-Term Care Ombudsman. Requires the State agency to perform the functions of such Office directly, or contract them out to a public agency or nonprofit private organization. Continues the current mandate for State programs for the prevention and remediation of elder abuse, neglect, and exploitation; but repeals all specific requirements except those relating to whistleblower immunity, record confidentiality, training, and the prohibition against involuntary participation by alleged victims, abusers, or members of their households. Repeals mandates for State programs for: (1) development of legal and advocacy assistance as a means for ensuring a comprehensive elder rights system; and (2) outreach, counseling, and assistance for insurance and public benefits. Authorizes appropriations for State long-term care ombudsman programs and programs for the prevention and remediation of elder abuse, neglect, and exploitation. Older American Community Service Employment Act of 1998 - Replaces the current authority of the Secretary of Labor to establish an older American community service employment program with a mandate to make competitive grants to States and public and nonprofit private organizations to provide unemployed low-income older individuals, with otherwise poor employment prospects, employment opportunities in providing community services. Revises grant and employment project requirements. Provides for allotments and reservation of funds for such grants. Requires the Secretary of Labor to establish objective performance standards for projects. Authorizes appropriations.
United States · United States Congress · 16 June 1998
Expresses the sense of the House of Representatives that the Boy Scouts of America has the right, as a voluntary association, to set standards for members and leaders and should not be required against its will to accept as Scouts or Scout Leaders individuals who do not reflect the traditional and moral values of the Boy Scouts of America.
United States · United States Congress · 22 May 1998
Trinity River Basin Fish and Wildlife Restoration Reauthorization Act of 1998 - Amends the Trinity River Basin Fish and Wildlife Management Act of 1984 to extend and increase authorized appropriations for the Trinity River Basin fish and wildlife management program. Directs the Secretary of the Interior to ensure that all expenditures of Federal funds for the purposes of the program are made in a manner consistent with such priorities, policies, and technical and fiscal review processes as are established by the Trinity River Basin Fish and Wildlife Task Force. Prohibits amounts expended by a contractor for administrative, indirect, and overhead costs in carrying out a contract of less than $5,000 from exceeding 20 percent of the total amount of Federal funds obligated or expended under the contract. Directs the Secretary to require that any bid or proposal for a contract of $5,000 or more to be funded under the management program, and any such contract, separately identify the amount that is authorized to be expended by a contractor under the contract for such costs. Requires the Task Force, not later than October 1, 2000, and every three years thereafter, to evaluate and report to the Congress on the results of, and improvements required for, the management program; and (2) initiate such changes as may be required in program policies, procedures, and activities to assure that the purposes and requirements of such Act are achieved.
United States · United States Congress · 20 May 1998
Directs the Commandant of the Coast Guard to convey all right, title, and interest of the United States in and to two specified decommissioned vessels to Canvasback Mission, Inc., in Oregon, under specified conditions.
United States · United States Congress · 19 May 1998
English Language Fluency Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program to help children and youth learn English under title VII. Changes the name of title VII from Bilingual Education, Language Enhancement, and Language Acquisition Programs to English Language Fluency and Foreign Language Acquisition Programs. (Sec. 1) Requires that parents be given: (1) notification of a child's identification as needing English language instruction; (2) the right to consent, or not, to the child's participation in such program; and (3) program information and notice of opportunities for regular meetings to formulate and get responses to their recommendations. Authorizes appropriations. Directs the Secretary of Education to reserve a specified portion of such appropriations for specified entities serving Native American, Alaska Native, Native Hawaiian, or Native American Pacific Islander children and youth at elementary, secondary, and postsecondary school levels. Directs the Secretary to make English language acquisition formula grants to States for: (1) subgrants to eligible entities to provide assistance to children and youth who are English language learners, as well as immigrant children and youth; (2) professional development and personnel certification, technical assistance to local educational agencies (LEAs), planning, administration, and interagency coordination; and (3) bonuses to subgrantees with exceptional performance in terms of the speed with which their enrolled children and youth attain English language proficiency. Provides that nothing in this Act shall be construed as requiring a State or an LEA to establish or continue a program of native language instruction. Authorizes the Secretary to conduct, through the Office of Educational Research and Improvement, research to improve English language instruction for children and youth who are English language learners and immigrant children and youth. Limits such research-related activities to: (1) identification of successful models for teaching children English; and (2) distribution of research results to States for dissemination to schools with populations of students who are English language learners. Prohibits such research from focussing on any one method of instruction. (Sec. 2) Repeals authority for the Emergency Immigrant Education Program. (Sec. 3) Revises ESEA title VII administrative and reporting requirements. Provides for commingling of different ESEA funds. Repeals certain provisions relating to release time, education technology, notification of State agencies, and continued eligibility of entities receiving funds. (Sec. 4) Directs the Secretary to issue regulations under ESEA title VII only to the extent necessary to ensure compliance with such title's specific requirements. Declares that nothing under ESEA title VII shall be construed to negate or supersede the legal authority under State law of State agencies, State entities, or State public officials over programs that are under their jurisdiction. Voids any consent decree with either the Department of Health, Education, and Welfare or the Department of Education that requires a State, locality, or LEA to develop, implement, provide, or maintain any form of bilingual education. Directs the Secretary to publish enforcement guidelines and compliance standards of the Office of Civil Rights of the Department of Education that apply to a program or activity to provide English language instruction to English language learners undertaken by a State, locality, or LEA. Prohibits the Secretary from entering into any consent decree after the enactment of this Act pursuant to such a guideline or standard until the Congress has enacted legislation approving the guideline or standard or otherwise authorizing the Secretary to implement it. Prohibits States which receive title VII grants from exempting children who are English language learners from requirements that State standardized tests be administered in English, if such children have resided in the jurisdiction of and received educational services from the same LEA for the prior two-year period. (Sec. 5) Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Languages Affairs as the Office of English Language Acquisition.
United States · United States Congress · 19 May 1998
Expresses the sense of the Congress that: (1) any missile defense program to protect the United States against a ballistic missile attack should be designed to protect Alaska, Hawaii, and the U.S. territories and commonwealths on an equal basis with the contiguous States; and (2) any National Intelligence Estimate prepared with respect to intercontinental ballistic missile capabilities of foreign countries should include assessment of the threat to Alaska, Hawaii, and the U.S. territories and commonwealths.
United States · United States Congress · 14 May 1998
Amends the National School Lunch Act (NSLA) to reauthorize through FY 2003 the commodity distribution program, which may use Commodity Credit Corporation and other specified funds to purchase agricultural commodities for use in programs under NSLA, the Child Nutrition Act, and the Older Americans Act of 1965.
United States · United States Congress · 14 May 1998
WIC Reauthorization Amendments of 1998 - Amends the Child Nutrition Act to reauthorize and revise requirements for the special supplemental nutrition program for women, infants and children (WIC program). Establishes additional WIC program application requirements, involving physical presence, income documentation, and verification. Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2003: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) purchase of breast pumps; (2) nutrition services and administration level of per participant expenditure; (3) State plans to reduce average food costs per participant and increase program participation; (4) infant formula procurement; (5) consideration of price levels of retail stores for program participation; (6) spend-forward authority; (7) matching funds requirement and ranking criteria for farmers market nutrition program State plans; and (8) disqualification of certain vendors convicted of trafficking or illegal sales. Directs the Secretary of Agriculture, acting through the Administrator of the Economic Research Service, to study and report to specified congressional committees on the effects of State cost containment practices for the selection of vendors and approved food items (other than infant formula) on certain aspects of the WIC program. Allows amounts collected from penalties from vendors and recipients relating to fraud and abuse violations under the WIC program to be used for nutrition services and administration and food benefits only for the one-year period after they are received. Sets a $25,000 maximum amount on a fine for embezzlement, willful misapplication, stealing, obtaining by fraud, or trafficking in food instruments of funds, assets, or property that are of a value of $100 or more under the WIC program.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 14 May 1998
Amends the National School Lunch Act with respect to the summer food service program to revise program eligibility criteria for a private nonprofit institution to: (1) increase from five to 25 the number of sites it may operate; and (2) eliminate requirements that it limit to 2,500 the total number of children served per day at all its sites, use its own facilities to prepare meals or obtain meals from a public facility or school participating in the school lunch program, and meet a March 1 deadline for indication of interest. Revises program requirements for food service management companies to: (1) allow private nonprofit organizations to contract with such companies; (2) make discretionary certain components of State registration and review; and (3) eliminate certain recordkeeping duties of the Secretary of Agriculture with respect to such companies that have been seriously deficient in program participation. Extends through FY 2003 the authorization of appropriations for the summer food service program.
United States · United States Congress · 14 May 1998
Amends the Child Nutrition Act (CNA) to eliminate the ten percent limitation on the transfer of State administrative expense funds under CNA and the National School Lunch Act. Extends through FY 2003 the authorization of appropriations for State administrative expenses under CNA.
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 28 April 1998
Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies (SEAs), except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies (LEAs). (Sec. 4) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. (Sec. 5) Allows LEAS that establish parental choice programs to apply for education flexibility waivers of certain statutory or regulatory requirements. Requires approval of such waivers by the Secretary of Education or the SEA, as applicable. Prohibits the Secretary from waiving requirements for: (1) civil rights protections and discrimination prohibitions; (2) services provided under the Individuals with Disabilities Education Act; (3) fiscal accountability measures; (4) equitable participation of private school students and teachers; and (5) parental involvement in program activities and services. (Sec. 6) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.
United States · United States Congress · 1 April 1998
English Language Fluency Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program to help children and youth learn English under title VII, changing its from Bilingual Education, Language Enhancement, and Language Acquisition Programs to English Language Fluency and Foreign Language Acquisition Programs. Requires that parents be given: (1) notification of a child's identification as needing English language instruction; (2) the right to consent, or not, to the child's participation in such program; and (3) program information and notice of opportunities for regular meetings to formulate and get responses to their recommendations. Authorizes appropriations. Directs the Secretary of Education to reserve a specified portion of such appropriations for specified entities serving Native American or Alaska Native children and youth at elementary, secondary, and postsecondary school levels. Directs the Secretary to make English language acquisition formula grants to States for: (1) subgrants to eligible entities to provide assistance to children and youth who are English language learners, as well as immigrant children and youth; and (2) professional development and personnel certification, technical assistance to local educational agencies, planning, administration, and interagency coordination. Provides that nothing in this Act shall be construed as requiring a State or a local educational agency to establish or continue a program of native language instruction. Authorizes the Secretary to conduct, through the Office of Educational Research and Improvement, research to improve English language instruction for children and youth who are English language learners and immigrant children and youth. Limits such research- related activities to: (1) identification of successful models for teaching children English; and (2) distribution of research results to States for dissemination to schools with populations of students who are English language learners. Prohibits such research from focussing on any one method of instruction. (Sec. 2) Repeals authority for the Emergency Immigrant Education Program. (Sec. 3) Revises ESEA title VII administrative coordination and reporting requirements. Provides for commingling of different ESEA funds. Repeals certain provisions relating to release time, education technology, notification of State agencies, and continued eligibility of entities receiving funds. (Sec. 4) Declares that nothing under ESEA title VII shall be construed to negate or supersede the legal authority under State law of State agencies, State entities, or State public officials over programs that are under their jurisdiction.
United States · United States Congress · 1 April 1998
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council.
United States · United States Congress · 31 March 1998
Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel.
United States · United States Congress · 30 March 1998
Expresses the sense of the House of Representatives that: (1) ending social promotion should be addressed through a coordinated effort by government officials, teachers, and parents committed to high academic achievement of students; (2) problems associated with social promotion can be resolved through providing high-quality training and education for our teachers, and using other proven practices; and (3) States should adopt high, rigorous standards and standards-based assessments to require academic accountability with the specific aim of ending social promotion and raising student achievement.
United States · United States Congress · 26 March 1998
Urges the Congress and the President to give programs under the Individuals with Disabilities Education Act (IDEA) the highest priority among Federal education programs by working to fund the maximum State grant allocation for educating children with disabilities under such Act.
United States · United States Congress · 24 March 1998
Surviving Spouse Fairness Act of 1998 - Amends the Internal Revenue Code to provide a $500,000 exclusion of gain on certain sales of a principal residence by a surviving spouse.
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 · 18 March 1998
Dungeness Crab Conservation and Management Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize each of the States of Washington, Oregon, and California to adopt and enforce laws and regulations governing fishing and processing in the exclusive economic zone (EEZ) adjacent to that State in any Dungeness crab fishery for which there is no management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act. Prohibits harvesting or processing Dungeness crab in the EEZ adjacent to those States except as authorized by a permit issued by any of those States or under certain tribal rights. Removes related interim authority provisions of the Sustainable Fisheries Act.
United States · United States Congress · 18 March 1998
Independent Commission on Campaign Finance Reform Act of 1998 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than the expiration of the 180-day period that begins on the date on which the second session of the 105th Congress adjourns, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 17 March 1998
California Spotted Owl Interim Protection Act of 1998 - Directs the U.S. Forest Service: (1) within six months, to begin using the preferred alternative contained in the revised version of the draft environmental impact statement (EIS) prepared by the Service in 1996 for the California spotted owl as its interim management direction for the owl in the ten national forests in the Sierran Province of Region 5 of the Service; and (2) to use such preferred alternative, modified as required below, as its interim management direction until such time as a final EIS and record of decision are released. Directs the Service: (1) before implementation of the preferred alternative, to evaluate and modify the assessment regarding fire and fuels reduction contained in the revised draft EIS to address the concerns raised in the December 1997 final report of the panel of scientists that was appointed by the Secretary of Agriculture to review the revised draft EIS; (2) within 18 months, to complete a final EIS and record of decision; and (3) within 12 months, to issue a proposed final EIS for public comment and review. Specifies that: (1) nothing in this Act shall preclude the Service from developing a long-term conservation strategy for the Sierra Nevada Mountains; and (2) the Secretary shall submit to the Congress a report every six months describing the Service's progress toward completion of the final EIS within the specified time periods.
United States · United States Congress · 5 March 1998
Expresses the sense of the House of Representatives that no change in the water level of Lake Powell is justified or appropriate.
United States · United States Congress · 4 March 1998
Anti-Discrimination in College Admissions Act of 1998 - Prohibits discrimination and preferential treatment on the basis of race, sex, color, national origin, or ethnicity in connection with admission to an institution of higher education participating in any program authorized under the Higher Education Act of 1965. Declares that such prohibition does not prohibit or limit any effort by an institution of higher education to encourage and recruit qualified women and minorities to seek admission to such institution if such recruitment or encouragement does not involve granting preferential treatment, in selecting any person for admission, that is based in whole or in part on race, sex, color, ethnicity, or national origin.
United States · United States Congress · 26 February 1998
Prohibits issuance of an interim or final rule to suspend road construction in roadless areas on public domain units and other units of the National Forest System pending public participation and determination that such rule will not adversely affect forest health and multiple or governmental use.
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
TABLE OF CONTENTS: Title I: Salton Sea Reclamation Project Title II: Emergency Action to Stabilize Salton Sea Salinity Sonny Bono Memorial Salton Sea Reclamation Act - Title I: Salton Sea Reclamation Project - Directs the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake a project to reclaim the Salton Sea, located in Imperial and Riverside Counties, California. Outlines project requirements, including salinity reduction and stabilization, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Directs the Secretary to initiate a feasibility study of various options for meeting such requirements and to develop a plan that implements the selected options. Requires the Secretary to report to the Congress on the chosen reclamation plan and required construction activities and to complete all necessary environmental compliance and permit requirements. Requires the feasibility study to be completed under a memorandum of understanding between the Secretary, the Salton Sea Authority, and the Governor of California. Requires initiation of project construction within 60 days after feasibility study submission, provided that the Secretary, the Governor, and the Authority have adopted a cost-sharing formula. Directs the Secretary to initiate a process to determine a disposal method for water pumped out under the project. Preserves all current rights and obligations concerning Colorado River water use. Limits administrative and judicial review of the project. Authorizes appropriations for the feasibility study and project construction. Directs the Secretary to conduct, concurrently with the feasibility study, studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea by Federal and non-Federal sources. Directs the Secretary to establish the Salton Sea Research Management Committee to select and manage such studies. Authorizes appropriations. Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge. Directs the Secretary to conduct research and implement actions, including river reclamation, to treat irrigation drainage water that flows into the Alamo and New Rivers in Imperial County, California. Authorizes appropriations. Title II: Emergency Action to Stabilize Salton Sea Salinity - Directs the Secretary to immediately initiate action, including salt expulsion and infusion of other water, to reduce Salton sea salinity levels.
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 · 24 February 1998
IDEA Technical Amendments Act of 1998 - Amends the Individuals with Disabilities Education Act to revise the requirements relating to reducing or withholding payments to States. Limits the corrective actions that the Secretary of Education may take, with respect to certain instances of noncompliance, to specified kinds of reduction or withholding of payments, according to a formula based on numbers of eligible children with disabilities in adult prisons under the supervision of another public agency, and of eligible individuals with disabilities under the supervision of the State educational agency.
United States · United States Congress · 24 February 1998
TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorneys' fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.
United States · United States Congress · 11 February 1998
Parental Freedom of Information Act - Amends the General Education Provisions Act to prohibit the availability of funds under any applicable program to any educational agency or institution that has a policy of denying, or that effectively prevents, parents of elementary and secondary school students from exercising the right to inspect and review any instructional materials used with respect to the educational curriculum of, or certain testing materials administered to, their children. Allows parents to maintain a civil action for appropriate relief if their right to gain access to such information is violated. Prohibits the availability of funds under any applicable program to an educational agency or institution that, as part of an applicable program and without the prior written informed consent of the parent of a student, requires the student to: (1) undergo medical, psychological, or psychiatric examination, testing, treatment, or immunization, except in the case of a medical emergency; or (2) reveal any information about the student's personal or family life, except to the extent necessary to comply with the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 11 February 1998
Declares that the Controlled Substances Act and the Controlled Substances Import and Export Act apply according to their terms, notwithstanding any State law authorizing the use or distribution, by an individual or group, of marijuana or any controlled substance for medicinal or any other purpose.
United States · United States Congress · 3 February 1998
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Provisions Subtitle A: Needs-Based Bankruptcy Subtitle B: Adequate Protections for Consumers Subtitle C: Adequate Protections for Secured Lenders Subtitle D: Adequate Protections for Unsecured Lenders Subtitle E: Adequate Protections for Lessors Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers Subtitle G: Exemptions Title II: Business Bankruptcy Provisions Subtitle A: General Provisions Subtitle B: Specific Provisions Title III: Municipal Bankruptcy Provisions Title IV: Bankruptcy Administration Subtitle A: General Provisions Subtitle B: Data Provisions Title V: Tax Provisions Title VI: Miscellaneous Bankruptcy Reform Act of 1998 - Title I: Consumer Bankruptcy Provisions - Subtitle A: Needs-Based Bankruptcy - 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) States that a debtor's monthly net income shall be determined by taking the current monthly total income minus: (1) expense allowances under specified "Necessary Expenses"; (2) the average monthly payment on account of secured creditors; and (3) the average monthly payment on account of priority creditors. 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) Revises dismissal guidelines to: (1) permit a motion to dismiss by a party in interest; and (2) convert a case from chapter 7 to chapter 13 (Adjustment of Debts of an Individual with Regular Income) with the debtor's consent, if the court finds that granting relief would be an inappropriate use of chapter 7. States that the court shall determine that an inappropriate use of chapter 7 exists if: (1) the debtor is excluded from chapter 7 by the bankruptcy code; or (2) the totality of the circumstances of the debtor's financial situation demonstrates such inappropriate use. Subtitle B: Adequate Protections for Consumers - Requires notice to a consumer debtor before a case commences of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 112) Instructs the Director of the Executive Office for United States Trustees to: (1) develop a financial management training curriculum and materials for debtors to educate them on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's effectiveness. (Sec. 114) Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 115) Sets forth a debtor's bill of rights which such an agency must observe. (Sec. 116) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. Subtitle C: Adequate Protections for Secured Lenders - Terminates the automatic stay 30 days after filing of a petition if a chapter 7 petition was pending and dismissed 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. 123) 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. 124) Declares that the automatic stay is terminated regarding property of the bankrupt estate securing a claim or subject to an unexpired lease if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame. (Sec. 125) Instructs the bankruptcy court to confirm a chapter 13 bankruptcy plan if it provides that the holder of a secured allowed claim retains the attendant lien until payment or discharge of all debts. Provides that, if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder retains such lien to the extent recognized by applicable nonbankruptcy law. (Sec. 126) 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. (Sec. 127) 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, as determined under applicable nonbankruptcy law has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. (Sec. 128) 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. 129) 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. 130) 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. Subtitle D: Adequate Protections for Unsecured Lenders - 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. 142) 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. 143) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 144) Revises requirements 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. 145) Declares nondischargeable in bankruptcy any debt obtained: (1) through the use of credit cards or other device to access a credit line without a reasonable expectation or ability to repay; or (2) by use of a written statement the debtor caused to be made or published without taking reasonable steps to ensure its accuracy. Subtitle E: Adequate Protection for Lessors - 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. 162) 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. 163) Repeals the limitation to nonresidential real property (thus applying to all real property, including residential) the exception to the automatic stay for any act by a lessor to the debtor to obtain possession of real property under a lease that has terminated by the expiration of its stated term before the commencement of or during a bankruptcy case. Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers - 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. Subtitle G: Exemptions - Increases from 180 to 365 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. Title II: Business Bankruptcy Provisions - Subtitle A: General Provisions - Prohibits the bankruptcy court from appointing any person to examine any request for compensation or reimbursement to bankruptcy officers. (Sec. 202) Exempts from the proscription against fee splitting any sharing of compensation with a bona fide public service attorney referral program operating in accordance with non-Federal law regulating attorney referral services and with rules of professional responsibility applicable to attorney acceptance of referrals. (Sec. 203) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal its repeal of Chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income), thus permanently extending chapter 12 bankruptcy protection for family farmers. (Sec. 204) Authorizes the bankruptcy court, upon request of a party in interest, to: (1) order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case; and (2) order a change in the membership of such a committee to ensure adequate representation of creditors or equity security holders. (Sec. 206) States that acceptance or rejection of a chapter 11 (business reorganization) plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 208) Amends the Federal judicial code to state that a bankruptcy trustee may commence a proceeding or a case related to a bankruptcy case to recover a nonconsumer debt against a noninsider of less than $10,000. (Sec. 209) Extends from 60 days to 120 days the period in which the bankruptcy trustee may assume or reject unexpired leases of nonresidential real property under which the debtor is the lessee. Prohibits the bankruptcy court from extending such period beyond the date the plan is confirmed. Subtitle B: Specific Provisions - Chapter 1: Small Business Bankruptcy - Prescribes guidelines for small business reorganization plans and attendant disclosure statements. (Sec. 233) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States to propose for adoption: (1) standard form disclosure statements and plans of reorganization for small business debtors; and (2) amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms for such debtors. (Sec. 234) Sets forth the duties, reporting requirements, and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. Chapter 2: Single Asset Real Estate - Sets forth the parameters for plan confirmation for a debtor holding single asset real estate. Title III: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title IV: Bankruptcy Administration - Subtitle A: General Provisions - 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. (Sec. 404) 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. 405) Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 407) Expands debtor's duties to require filing with the bankruptcy court: (1) all 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 case commencement 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. 408) 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. 409) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. (Sec. 410) Revises the current three-to-five-year length of a payment plan to set 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. Reserves the current three-to-five-year payment period to cases involving debtors (or in a joint case, an individual and spouse combined) with a current monthly total income of less than 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). Revises the maximum duration for a plan modified after confirmation. (Sec. 411) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 412) Amends the Federal judicial code to confer upon the courts of appeals appellate jurisdiction pertaining to designated bankruptcy appeals. Subtitle B: Data Provisions - Modifies the organization of bankruptcy courts to require the Director of the Executive Office for United States Trustees to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, 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. 442) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 443) Expresses the sense of the Congress that the national policy should be that: (1) all data held in electronic form by bankruptcy clerks should be released in electronic form to the public on demand; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title V: Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 502) Provides that property that is exempt from the estate in bankruptcy is liable for specified debts, including taxes, customs duties, and child and spousal support and maintenance. (Sec. 503) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 505) Prescribes the rate of interest to which the holder of a claim for taxes arising before the order for relief is entitled, if such holder is also entitled to receive interest on such claim. (Sec. 506) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case and the pendency or effect of offers in compromise or installment agreements. (Sec. 509) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 510) Amends the automatic stay of United States Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability. (Sec. 511) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make deferred cash payments in quarterly installments designed to pay at least 15 percent of such claims in each of the first five years, and no more than 20 percent of the claims in the final year of the plan. (Sec. 512) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 513) Amends the Federal judicial code to require officers and agents conducting business under court authority to pay all Federal, State, and local taxes when due in the course of the bankrupt business, unless it is a property tax secured by a lien against property of the estate which is abandoned by the bankruptcy trustee. Allows for the payment from a debtor's estate of property taxes for which liability is in rem, in personam, or both (ad valorem taxes). States that a governmental unit shall not be reuired to file a request for payment of such administrative expense taxes. (Sec. 514) Requires as a condition for payment of tardily filed priority tax claims that they be filed before the date on which the court approves the trustee's final report and accounting (currently, before the trustee commences distribution of the estate). (Sec. 516) Declares that an estate's liability for unpaid taxes is discharged upon payment of such tax according to certain requirements. (Sec. 517) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the six-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan, or to convert the case to a case under chapter 7, if a chapter 13 debtor fails to comply with such timeframe. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax claims and to plan confirmation. (Sec. 518) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor typical of the holders of claims or interests in the case. (Sec. 519) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. Title VI: Miscellaneous - Sets forth technical amendments to reflect the changes made by this Act.
United States · United States Congress · 3 February 1998
Taxpayer Choice Act of 1998 - Amends the Internal Revenue Code to provide for an increase in: (1) the personal exemption amount; and (2) the exemption reduction (adjusted gross income) threshold amounts.
United States · United States Congress · 3 February 1998
Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise tax rates for: (1) married individuals filing joint returns and surviving spouses (eliminates the marriage penalty); (2) heads of households; (3) other individuals; and (4) estates and trusts.
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 · 27 January 1998
Expresses the sense of the Congress that: (1) child care assistance, when provided to families, should be provided regardless of whether a child is cared for by an at-home parent, family member, neighbor, or child care center; and (2) a key component to any quality child care proposal should include financial relief for those families where there is an at-home parent. Calls for no bias against at-home parents, and recognizes and applauds their sacrifices and efforts.
United States · United States Congress · 13 November 1997
Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified portions of the Outer Continental Shelf on both the Atlantic and Pacific coasts, including Alaska. Excludes from such proscription the Central and Western Gulf of Mexico planning areas of the Department of the Interior.
United States · United States Congress · 13 November 1997
Prohibits the Secretary of the Interior, through January 1, 2001, from conducting any oil and gas leasing or development activities under the Outer Continental Shelf Lands Act in areas placed under restriction by the President's moratorium statement of June 26, 1990.