United States · United States Congress · 19 June 1998
Public Safety Officer Medal of Valor Act of 1998 - Authorizes the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board (established by this Act), for extraordinary valor above and beyond the call of duty. Establishes a permanent Medal of Valor Review Board to select candidates as recipients of the Medal from among those applications received by the National Medal Office (established by this Act). Authorizes appropriations. Establishes within the Department of Justice a National Medal Office to staff the Review Board and to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Repeals provisions of the Fire Prevention and Control Act of 1974 establishing the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service.
United States · United States Congress · 11 June 1998
Regulatory Fair Warning Act of 1998 - Prohibits a Federal agency or court from imposing a sanction for a violation of a rule if the agency or court finds that: (1) the rule was not printed in the Code of Federal Regulations or in the Federal Register, was not known to the person, or was not knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; (2) the rule failed to give the person fair warning of the conduct that it prohibits or requires; or (3) with respect only to a retrospective sanction, official representations to the person about what the rule prohibits or requires were misleading and were reasonably relied upon by the person.
United States · United States Congress · 11 June 1998
Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina.
United States · United States Congress · 9 June 1998
Extends permanently (currently ends on October 27, 1999) the eligibility of certain former members of the Selected Reserve for veterans' housing loans.
United States · United States Congress · 9 June 1998
Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 4 June 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a drug abuse prevention policy of the supervising Member; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to take appropriate action against any Member who refuses to provide a sample for testing under the program. Prohibits an individual who is first given an offer of employment by the House on or after June 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired and agreeing to waive legal rights of challenge; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 3 June 1998
Urges the Board of Governors of the U.S. Postal Service to reject the recommended decision issued by the Postal Rate Commission on May 11, 1998, to the extent that it provides for any increase in postage rates.
United States · United States Congress · 22 May 1998
No Gun Tax Act of 1998 - Amends the Federal judicial code to prohibit a Federal officer, employee, or agent, including a State or local employee or officer acting on behalf of the United States (officer), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit and set penalties for the unlawful retention, or transfer to another person, of firearms background check information by such officer or by a Federal contractor or consultant after: (1) the 24-hour period beginning with the receipt of such information on an individual who is determined not to be prohibited from receiving a firearm; and (2) the five-year period beginning with the receipt of such information on an individual who is prohibited from receiving a firearm.
United States · United States Congress · 21 May 1998
Better IDEA Act - Repeals the Goals 2000: Educate America Act. Amends the Elementary and Secondary Education Act of 1965 to reduce amounts authorized to be appropriated in FY 1999 for: (1) the title II Dwight D. Eisenhower Professional Development Program; and (2) the title X part A Fund for the Improvement of Education. Provides that the General Education Provisions Act shall not apply to extend the authority of such funding for such Program and Fund. Directs the Secretary of Education to make available for programs under part B of the Individuals with Disabilities Education Act any funds that are not expended or obligated as a result of this Act.
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 · 13 May 1998
Congressional Truth and Accountability Act of 1998 - Amends the Federal criminal code to require a U.S. district court, before issuing an order requiring any individual to provide, at a proceeding before or ancillary to a congressional committee, any testimony or other information which he or she refuses to provide on the basis of his or her privilege against self-incrimination, to find that the request for such order has been approved by affirmative vote of a majority (currently, two-thirds) of the members of the full committee.
United States · United States Congress · 28 April 1998
Marriage Tax Penalty Elimination Act of 1998 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 1 April 1998
Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor. Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.
United States · United States Congress · 1 April 1998
Controlled Substances Trafficking Prohibition Act - Amends the Controlled Substances Import and Export Act to authorize individuals to bring into the United States a non-schedule I controlled substance if they: (1) enter the United States from Mexico; (2) do not possess a valid prescription or documentation which verifies such prescription; but (3) lawfully possess such substance for personal medical use, or for administration to an accompanying animal. Requires such a substance to be: (1) in an amount not more than 50 dosage units; or (2) if the individual does not lawfully reside in the United States, in an amount consistent with the individual's approximate stay in the United States. Declares that such Federal requirement does not limit any State from imposing additional requirements.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
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 · 26 March 1998
Antitrust Video Competition Improvement Act of 1998 - Provides that it shall be sufficient evidence in a civil action to establish a presumption of a violation of section 1 (trusts in restraint of trade), 2 (monopolizing trade), or 3 (trusts in the Territories or the District of Columbia) of the Sherman Act that a multichannel video programming distributor (MVPD) with market power in a particular market has: (1) acted by means of an exclusive contract to prevent a MVPD competitor in that market from obtaining particular video programming from any person; and (2) obtained particular video programming from any person on terms and conditions other than terms justified by demonstrable cost differentials that are more favorable than those offered by such person to another MVPD competitor.
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 · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 12 March 1998
Personal Retirement Savings Account Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Personal Social Security Plus Accounts). Establishes in the Treasury a Social Security Plus Fund to hold 80 percent of the surplus (if any) in the Federal budget for each fiscal year for investment in accordance with rules governing the Thrift Savings Plan which shall otherwise govern other Fund operations. Directs the Commissioner of Social Security to establish in the Social Security Plus Fund a personal social security plus account for each living individual who has been assigned a social security number. Requires the Commissioner to allocate: (1) evenly among all personal social security plus accounts the amount transferred annually to the Social Security Plus Fund; as well as (2) an amount equal to the net earnings and net losses from each investment of sums in the Fund. Makes eligible for such an account any individual the amount of whose wages paid and self-employment income derived in the year equals, in the aggregate, at least the amount such individual must have in order to be credited with four quarters of coverage in such year. Requires distribution to an account holder of the balance in a personal social security plus account when the account holder becomes entitled to Old-Age insurance benefits under SSA title II.
United States · United States Congress · 10 March 1998
Department of Justice Vacancies Clarification Act of 1998 - Amends the Federal judicial code to provide that: (1) nothing in current provisions governing the Attorney General authorizes the appointment or designation of a person to perform the functions of an office in the Department of Justice (DOJ), appointment to which requires the advice and consent of the Senate, while that office is vacant; (2) if the power of a person appointed or designated under specified provisions to perform functions while an office is vacant lapses, the United States Court of Appeals for the District of Columbia Circuit shall appoint a person to continue performing those functions until the vacancy is filled; and (3) the Court shall not appoint to such office a person who has been nominated by the President but not confirmed by the Senate or who was previously appointed or designated for that vacancy and whose power to perform such functions has lapsed.
United States · United States Congress · 5 March 1998
TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.
United States · United States Congress · 3 March 1998
Fathers Count Act of 1998 - Amends title IV of the Social Security Act to replace part C (Work Incentive Program) with a new part C (Grants to States to Encourage Fathers to Become Better Parents) instructing the Secretary of Health and Human Services, beginning FY 2000, to award grants to States for projects designed to encourage fathers to become better parents. Prescribes grant amounts for FY 2000 through 2004, and State uses for such funds. Permits States to contract with religious, charitable, or private organizations to provide and administer services under such grants. Declares religious organizations eligible as contractors to provide assistance or to accept disbursements on the same basis as any other private organization, so long as program implementation complies with the Establishment Clause of the Constitution. Prohibits discrimination against religious organizations that apply as contractors or accept disbursements under this Act. Delineates safeguards against certain Federal and State requirements with respect to such religious organizations, including an organization's control over the definition, development, practice, and expression of religious beliefs. Proscribes the use of funds under this Act for sectarian worship, instruction, or proselytization. Declares that this Act does not preempt any State constitution or statute that prohibits or restricts the expenditure of State funds in or by religious organizations. Authorizes appropriations.
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
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
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
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 · 12 February 1998
Equality for Israel at the United Nations Act of 1998 - Expresses the sense of the Congress that: (1) the United States must promote an end to the exclusion of Israel from any of the United Nations regional blocs, including rotating membership on the UN Security Council; and (2) the U.S. Ambassador to the UN should take all steps necessary to ensure Israel's acceptance in the Western Europe and Others Group regional bloc (membership which includes the non-European countries of Canada, Australia, and the United States). Directs the Secretary of State to report to appropriate congressional committees on efforts taken to achieve such goals.
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
Abolishing Child Pornography Act - Amends the Federal criminal code to prohibit and set penalties for knowingly possessing any material (currently, three or more items) containing: (1) any visual depiction involving a minor engaging in sexually explicit conduct, in the special maritime and territorial jurisdiction of the United States, on any land or building owned by, leased to, or otherwise used by or under U.S. Government control, or in Indian country; and (2) child pornography that has been mailed, shipped, or transported, including by computer, in interstate or foreign commerce.
United States · United States Congress · 4 February 1998
Teachers in the Classroom Act - Authorizes the Secretary of Education to award grants to State Governors to provide funds to local educational agencies to hire elementary and secondary teachers or qualified instructional personnel to reduce overcrowded classes. Sets forth requirements for State and local eligibility, distribution of funds, program administration, evaluation, and reports. Allows State Governors to use up to ten percent of funds received under this Act to establish programs to improve instructional quality by providing incentives to encourage innovative teacher training programs, establish alternate certification and licensure procedures, or to hire nontraditional personnel. Authorizes appropriations.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 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
Amends the Federal criminal code to treat the following as an antique firearm for purposes of the Federal firearms laws: any firearm in which black powder and a projectile are loaded through the muzzle, and such powder is ignited by a percussion-activated ignition system to expel the projectile, and which does not use fully assembled or fixed, rimfire, or conventional centerfire ammunition.
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
Marriage Protection and Fairness Act of 1998 - Amends the Internal Revenue Code to authorize a married couple to file jointly using unmarried tax rates (the tax being the aggregate of the two individually taxed incomes).
United States · United States Congress · 9 November 1997
Parents and Teachers Know Best Act of 1997 - Repeals the Goals 2000: Educate America Act and the National Skill Standards Act of 1994. Directs the Secretary of Education to make grants to requesting State educational agencies, which shall distribute grant funds to local educational agencies according to a specified formula, for: (1) technology related to the implementation of school-based reform programs, including professional development to assist teachers to use such equipment and software; (2) acquisition and use of instructional and educational materials related to such reform programs; (3) education reform projects, including effective schools and magnet schools; (4) programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school; (5) literacy programs for student and adults, including parents; (6) gifted and talented programs; and (7) school improvement programs or specified activities under the Elementary and Secondary Education Act of 1965. Authorizes appropriations.
United States · United States Congress · 8 November 1997
Federal Sunset Act of 1998 - Establishes the Federal Agency Sunset Commission to: (1) submit to the Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; and (2) review and evaluate the efficiency and public need for each agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is continued by the Congress.
United States · United States Congress · 8 November 1997
Commercial Driver's License Devolution Act of 1997 - Amends Federal transportation law to allow an individual to operate a commercial motor vehicle solely within the borders of a State if such individual has passed written and driving tests that meet minimum standards prescribed by such State. Provides penalties for the operation of a commercial motor vehicle in another State under a driver's license issued solely for operation within one State.
United States · United States Congress · 8 November 1997
Amends title XIX (Medicaid) of the Social Security Act to declare that any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies shall not be treated as an overpayment.
United States · United States Congress · 7 November 1997
Medicare Venipuncture Fairness Act of 1997 - Amends the Balanced Budget Act of 1997 to repeal provisions denying payment for home health benefits based solely on venipuncture to obtain a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 7 November 1997
Sales Incentive Compensation Act - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage recordkeeping and overtime compensation requirements any employee in a sales position, if: (1) such position requires specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons or entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; and (3) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee;(4) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (5) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year.
United States · United States Congress · 7 November 1997
Deadbeat Parents Punishment Act of 1997 - Amends Federal criminal law to prescribe criminal penalties (including mandatory restitution) for willful failure to pay child support obligations.
United States · United States Congress · 7 November 1997
Amends title XVIII (Medicare) of the Social Security Act to repeal a specified restriction imposed by the Balanced Budget Act of 1997 on Medicare payment for certain hospital discharges to post-acute care.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 (OSHA) to require certain notices in the Federal Register to include identification of the specific industry or industries to which the OSHA standard, to be promulgated under the OSHA rule, will apply. Directs the Secretary of Labor to ensure that the OSHA standard, as applicable to each such industry, is based upon: (1) an assessment of the risks to workers in such industry from the hazard which is the subject of the standard; (2) the range of estimates and the best estimate of the quantifiable and nonquantifiable benefits of the standard in each such industry; and (3) an analysis of the costs likely to occur in each such industry as a result of compliance with the standard.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to exempt safety and health assessments, audits, and reviews conducted by or for an employer from disclosure in enforcement actions under such Act, with specified exceptions.
United States · United States Congress · 7 November 1997
Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a compliance assistance program of cooperative agreements with the States, under which employers may consult with State officials about compliance with occupational safety and health requirements as well as voluntary efforts employers may undertake. Requires States, under such agreements, to provide on-site consultation upon employer request. Authorizes States to provide other education and training programs for employers and employees. Requires such program activities to be conducted independently of enforcement activities. Exempts employers from certain inspections if they request and undergo on-site consultative visits and correct identified hazards and agree to request subsequent visits if there are major changes in working conditions or processes which introduce new hazards. Requires at least 90 percent of funds appropriated for compliance assistance activities under OSHA to be used for such compliance assistance program.
United States · United States Congress · 7 November 1997
Prohibits the Secretary of Labor from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to revise requirements for issuance of citations to employers for violations of certain standards, rules, orders, or regulations. Exempts from citation for such a violation any employer who: (1) has no employees exposed to the violation; and (2) has not created the condition that caused the violation or assumed responsibility for ensuring compliance by other employers on the work site.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to direct the Secretary of Labor, upon determination that a rule should be promulgated or modified in order to serve the objectives of such Act, to appoint an advisory panel to review the scientific and economic data which forms the basis for such standard and the relevance of the data to industries and workers which would be affected by the standard. Requires reports of the panel, including any individual and minority reports, to be published together with any proposed or final rule on the standard. Directs the Secretary to provide a written response to all significant comments of the panel and include such responses with the proposed or final rule to which the reports of the panel members are attached. Makes such requirements inapplicable when the rule is completed through negotiated rulemaking.
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