United States · United States Congress · 15 April 1999
Poultry Electric Energy Power (PEEP) Act - Amends the Internal Revenue Code with respect to the income tax credit for producing electricity from certain renewable resources to include poultry waste as a qualified energy resources.
United States · United States Congress · 15 April 1999
Requests the President to advance: (1) the late Rear Admiral Husband E. Kimmel to the grade of admiral on the retired list of the Navy; and (2) the late Major General Walter C. Short to the grade of lieutenant general on the retired list of the Army. Prohibits any change in compensation or benefits based on the military service of such officers as a result of such advancements. Expresses the sense of the Congress that such officers performed their duties competently and professionally and that losses incurred by the United States in attacks on military targets on Oahu, Hawaii, on December 7, 1941, were not a result of their dereliction of duty.
United States · United States Congress · 25 March 1999
Regulatory Improvement Act of 1999 - Provides for the analysis of major rules by Federal agencies. Defines a "major rule" as one that is likely to: (1) have an annual effect on the economy of $100 million or more in quantifiable costs; or (2) affect the economy or a sector of the economy adversely. Requires agencies to issue regulatory analyses for major rules which include: (1) cost-benefit analyses, including for regulatory alternatives; (2) risk assessments; (3) scientific or economic information relied upon in cost-benefit analyses and risk assessments; and (4) any scientific information on substitution risks to health, safety, or the environment. Directs agency heads who select a rule that is unlikely to provide benefits that justify its costs or to achieve the rulemaking objective in a more cost-effective manner or with greater net benefits to provide an explanation for such selection. Authorizes a major rule to be adopted without prior compliance with regulatory analysis requirements if the agency: (1) finds that conducting such analysis before the rule becomes effective is impracticable or contrary to an important public interest; and (2) publishes the rule in the Federal Register with such finding and an explanation of the reasons for the finding. Directs each agency to develop a process to permit elected State, local, and tribal government officers to provide input in the development of regulatory proposals that contain significant Federal intergovernmental mandates. Requires agencies to design and conduct risk assessments for: (1) major rules the primary purpose of which is to address health, safety, or environmental risk; or (2) risk assessments that are not the basis of a rulemaking that the Director anticipates are likely to have a an annual effect on the economy of $100 million or more in quantifiable costs and that the Director determines shall be subject to the requirements. Describes requirements for risk assessments. Sets forth provisions regarding: (1) peer review of cost-benefit analyses of certain major rules and risk assessments; (2) deadlines for rulemaking; (3) judicial review; and (4) guidelines, interagency coordination, and research. Mandates a comparative risk analysis study by the Director of the Office of Management and Budget, acting through the Administrator of the Office of Information and Regulatory Affairs. Directs the: (1) President to establish a process for the review and coordination of Federal agency regulatory actions; and (2) Director to establish procedures for public and agency access to information concerning review of regulatory actions. (Sec. 4) Provides that compliance with regulatory analysis requirements of this Act shall constitute compliance with requirements pertaining to the costs and benefits of Federal mandates to the private sector under the Unfunded Mandates Reform Act of 1995. (Sec. 5) Makes this Act inapplicable to any agency rule for which a notice of proposed rulemaking is published on or before 60 days before this Act's enactment date.
United States · United States Congress · 24 March 1999
Expresses support for the U.S. military personnel who are engaged in military operations against the Federal Republic of Yugoslavia and recognizes their professionalism, dedication, patriotism, and courage.
United States · United States Congress · 17 March 1999
TABLE OF CONTENTS: Title I: Individual Retirement Plans Title II: Pension Plans Title III: Small Business Incentives Title IV: Catchup Contributions Title V: Plan Amendments Retirement Savings Opportunity Act of 1999 - Title I: Individual Retirement Plans - Amends the Internal Revenue Code (the Code) to increase from $2,000 to $5,000 (with cost-of-living adjustments) the maximum retirement savings deduction allowable. (Sec. 102) Repeals income limits for Roth IRA contributions. Increases the income cap for conversions to $1 million. (Sec. 103) Amends the Code and ERISA (the Employee Retirement Income Security Act of 1974) to permit employees to make IRA contributions under a qualified employer plan. Title II: Pension Plans - Provides for optional treatment of elective deferrals as plus contributions. Defines such contributions. (Sec. 202) Increases the elective deferral limit from $7,000 to $15,000. (Sec. 203) Increases the limit on the deferred amount for State and local government plans to $12,000. (Sec. 204) Eliminates the 25 percent compensation limit on contributions to a defined contribution plan, thereby making the maximum contribution limit $30,000 for any individual. (Sec. 205) Amends the Code and ERISA to revise the percentage of the current liability funding limit. Revises maximum contribution deduction rules and applies them to all defined benefit plans under the Code. Title III: Small Business Incentives - Establishes a small employer pension plan credit equal to, subject to limitations: (1) 50 percent of qualified employer contributions; and (2) qualified start- up costs. (Sec. 302) Permits employers to establish SAFE annuities (a defined individual retirement annuity). (Sec. 303) Increases the $6,000 contribution amount for simple retirement accounts to $10,000. Title IV: Catchup Contributions - Permits "catchup contributions" for certain individuals over age 50. Title V: Plan Amendments - Prescribes requirements for plan amendments or annuity contract amendments under the Code and ERISA.
United States · United States Congress · 17 March 1999
TABLE OF CONTENTS: Title I: Individual Retirement Plans Title II: Pension Plans Title III: Small Business Incentives Title IV: Catchup Contributions Title V: Plan Amendments Retirement Savings Opportunity Act of 1999 - Title I: Individual Retirement Plans - Amends the Internal Revenue Code (the Code) to increase from $2,000 to $5,000 (with cost-of-living adjustments) the maximum retirement savings deduction allowable. (Sec. 102) Repeals income limits for Roth IRA contributions. Increases the income cap for conversions to $1 million. (Sec. 103) Amends the Code and ERISA (the Employee Retirement Income Security Act of 1974) to permit employees to make IRA contributions under a qualified employer plan. Title II: Pension Plans - Provides for optional treatment of elective deferrals as plus contributions. Defines such contributions. (Sec. 202) Increases the elective deferral limit from $7,000 to $15,000. (Sec. 203) Increases the limit on the deferred amount for State and local government plans to $12,000. (Sec. 204) Eliminates the 25 percent compensation limit on contributions to a defined contribution plan, thereby making the maximum contribution limit $30,000 for any individual. (Sec. 205) Amends the Code and ERISA to revise the percentage of the current liability funding limit. Revises maximum contribution deduction rules and applies them to all defined benefit plans under the Code. Title III: Small Business Incentives - Establishes a small employer pension plan credit equal to, subject to limitations: (1) 50 percent of qualified employer contributions; and (2) qualified start- up costs. (Sec. 302) Permits employers to establish SAFE annuities (a defined individual retirement annuity). (Sec. 303) Increases the $6,000 contribution amount for simple retirement accounts to $10,000. Title IV: Catchup Contributions - Permits "catchup contributions" for certain individuals over age 50. Title V: Plan Amendments - Prescribes requirements for plan amendments or annuity contract amendments under the Code and ERISA.
United States · United States Congress · 16 March 1999
TABLE OF CONTENTS: Title I: Needs-Based Bankruptcy Title II: Enhanced Consumer Protection Subtitle A: Penalties for Abusive Creditor Practices Subtitle B: Priority Child Support Subtitle C: Other Consumer Protections Title III: Discouraging Bankruptcy Abuse Title IV: General and Small Business Bankruptcy Provisions Subtitle A: General Business Bankruptcy Provisions Subtitle B: Small Business Bankruptcy Provisions Title V: Municipal Bankruptcy Provisions Title VI: Improved Bankruptcy Statistics and Data Title VII: Bankruptcy Tax Provisions Title VIII: Ancillary and Other Cross-Border Cases Title IX: Financial Contract Provisions Title X: Protection of Family Farmers Title XI: Health Care and Employee Benefits Title XII: Technical Amendments Title XIII: General Effective Date; Application of Amendments Bankruptcy Reform Act of 1999- Title I: Needs Based Bankruptcy - Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy), to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits such party in interest from such motions). Lowers the "substantial abuse" standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae. Provides that the presumption of abuse may be rebutted only with detailed documentation of special circumstances requiring additional expenses or adjustment of currently monthly total income. Requires the debtor's counsel to: (1) reimburse the bankruptcy trustee for legal fees in prosecuting a dismissal or conversion motion if the court finds that counsel's filing under chapter 7 was not substantially justified; and (2) pay a civil penalty for the violation of certain bankruptcy rules. (Sec. 103) Revises procedural guidelines to mandate written notice to the individual consumer debtor before commencement of a case that credit counseling services approved by the United States Trustee are available. (Sec. 104) Instructs the Director of the Executive Office for U.S. Trustees to: (1) develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's efficacy. (Sec. 105) Precludes an individual debtor from filing under Federal bankruptcy law unless the individual has received a briefing from an approved nonprofit credit counseling service prior to filing a bankruptcy petition. Predicates a chapter 7 or chapter 13 discharge in bankruptcy upon the debtor's completion of an approved instructional course concerning personal financial management. Title II: Enhanced Consumer Protection - Subtitle A: Penalties for Abusive Creditor Practices - Cites circumstances under which the court may reduce by up to 20 percent a claim based upon unsecured consumer debts if the debtor can show by clear and convincing evidence that the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed by an approved credit counseling agency acting on the debtor's behalf. (Sec. 202) Modifies guidelines governing the discharge of a debtor's liability, as well as the automatic stay, to entitle an individual who is injured by the willful failure of a creditor to credit payments received to bring an action for actual damages and legal fees. (Sec. 203) Includes as a violation of automatic stay proscriptions any communication threatening a debtor for the purpose of coercing an agreement for a debt reaffirmation. (Sec. 204) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate additional disclosures for dischargable debt agreements. Instructs the Attorney General to designate United States attorneys and agents of the Federal Bureau of Investigation to implement enforcement activities in addressing abusive reaffirmations of debt. Subtitle B: Priority Child Support - Revises chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order. (Sec. 212) Conditions court confirmation of a chapter 11 or chapter 13 plan (and its consequent discharge of debts) upon certification of debtor's payment of domestic support obligations that are due after the petition filing date. (Sec. 213) Excepts from an automatic stay specified choses-in-action pertaining to domestic support obligations, including: (1) establishment of paternity; (2) suspension of drivers' licenses and professional licenses; (3) interception of tax refunds; and (4) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act. (Sec. 215) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 216) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 217) Sets forth the duties of the bankruptcy trustee under chapters 7 and 13 regarding a claim against an individual debtor for the collection of child support, including notifying the claim holder and the appropriate State child support agency of the debtor's location. Subtitle C: Other Consumer Protections - Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 223) Sets forth a debtor's bill of rights which such agency must observe. (Sec. 224) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. (Sec. 225) Expresses the sense of the Congress that States should develop curricula relating to the subject of personal finance, designed for use in elementary and secondary schools. (Sec. 226) Places in the tenth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired. Title III: Discouraging Bankruptcy Abuse - Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 302) Terminates the automatic stay 30 days after filing of a petition if a chapter 7, 11, or 13 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. 303) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case. (Sec. 304) 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 45 days, in order to retain possession of personal property. Allows a creditor to take action with respect to such property under nonbankruptcy law if the debtor fails to act within 45 days, unless the court determines upon trustee motion that such property is consequential value or benefit to the estate. (Sec. 305) Declares that the automatic stay is terminated regarding property of the debtor's 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 (unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate). (Sec. 306) Instructs the bankruptcy court to confirm a chapter 13 plan if it provides that the holder of a secured allowed claim shall retain 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 shall retain such lien to the extent recognized by applicable nonbankruptcy law. Provides that statutory guidelines to determine the secured status of a creditor's claim do not apply if the underlying debt was incurred within the five-year period preceding the filing of the bankruptcy petition and the collateral for that debt consists of a motor vehicle acquired for the debtor's personal use (or if the collateral consists of any other thing of value if the debt was incurred during the six- month period preceding such filing). (Sec. 307)Increases from 180 to 730 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. (Sec. 308) Reduces the value of homestead exemption and debtor's burial plot to the extent it is attributable to any portion of any property that is disposed by the debtor within the 730-day period ending on the bankruptcy petition filing date with the intent to obstruct or defraud a creditor, and that the debtor could not exempt. (Sec. 309) 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 case converted to chapter 7; 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. Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases of personal property. 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. 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. 310) Reduces from the threshold amounts of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days and 70 days, respectively (currently 60 days) before an order for relief is issued. (Sec. 311) Precludes an automatic stay of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which: (1) the debtor resides and has not paid rent after the commencement and during the course of the case; (2) the rental agreement has terminated; (3) the debtor has previously filed within the last year and failed to pay post-petition rent during the course of that case; or (4) eviction actions are based upon endangerment to property or person or the use of illegal drugs. (Sec. 312) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 314) Declares nondischargeable in bankruptcy: (1) debts intentionally incurred to pay a nondischargeable debt with the intent to discharge the newly-created debt; and (2) all debts incurred to pay nondischargeable debts, without regard to intent, if incurred within 70 days of the filing of the petition. Treats a debt incurred to pay child or spousal support as a dischargable debt (in order to preclude such support from having to compete with the nondischargeable debt). Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury that caused personal injury or death of an individual. (Sec. 315) Prescribes notice procedures for chapter 7 and chapter 13 creditors. 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 five 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. Makes debtor's mandatory documentation available for inspection and copying to certain bankruptcy officers and any party in interest. Requires debtors to furnish driver's license, passport or other photograph-containing documentation establishing debtor identification. (Sec. 316) 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. 317) Requires a Chapter 13 confirmation hearing to be held not later than 45 days after the first meeting of creditors. Mandates filing of a Chapter 13 debt readjustment plan within 90 days of the order for relief. Prohibits such plan (with certain exceptions) from providing for payments over a period that is longer than three years. (Sec. 319) 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. 320) 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. Title IV: General and Small Business Bankruptcy Provisions - Subtitle A: General Business Bankruptcy Provisions - Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay. (Sec. 402) Denies a debtor an automatic stay of the commencement of an investigation or action by a securities self-regulatory organization to enforce compliance with its regulations, or of the enforcement of any order or decision obtained by such an organization, other than for monetary sanctions. (Sec. 403) Authorizes the bankruptcy court, upon request of a party in interest, to 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. (Sec. 405) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 407) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 409) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 410) States that acceptance or rejection of a chapter 11 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. 411) 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. 413) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec. 414) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot. (Sec. 415) 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. 416) Amends the Federal judicial code to revise the requirement that a chapter 11 debtor pay quarterly fees to the U.S. Trustee for disbursements made during a quarter. Requires debtors with disbursements of less than $300,000 to pay such fee only until the case is converted or plan confirmation is obtained, whichever occurs first. (Sec. 417) Removes investment bankers from the definition of "disinterested person." Subtitle B: Small Business Bankruptcy Provisions - Sets forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 422) Defines a small business debtor, generally, as a person (including a debtor affiliate) with not more than $4 million in aggregate non-contingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief (excluding debts owed to one or more affiliates or insiders). (Sec. 423) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 424) Sets forth uniform national reporting requirements for small business debtors. (Sec. 425) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 426) Sets forth duties and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. (Sec. 434) Directs the Small Business Administration to study and report to the Congress on: (1) the factors that cause small businesses to become debtors in bankruptcy; and (2) how Federal bankruptcy laws can be made more efficient in assisting small businesses to retain their viability. (Sec. 435) Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title VI: Improved Bankruptcy Statistics and Data - Requires each U.S. trustee to report to the Attorney General on audit results. Requires the Attorney General to establish random audits of individual cases. (Sec. 601) Amends the Federal judicial code to require the clerk of each district 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. 603) 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. 604) Expresses the sense of the Congress that the national policy should be that: (1) all public record data held in electronic form by bankruptcy clerks should be released in electronic form in bulk to the public subject to appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; 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 VII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 702) 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. 704) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 705) 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. 708) 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. 709) Amends the automatic stay of U.S. 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 without regard to whether such determination was made prepetition or postpetition. (Sec. 710) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make regular cash installment payments, but in no case with a balloon provision, and no more than three months apart, beginning no later than the effective date of the plan and ending on the earlier of five years after the petition date or the last date payments are to be made under the plan to unsecured creditors. (Sec. 711) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 712) Amends the Federal judicial code to require officers and agents conducting any business under court authority to pay all Federal, State and local taxes when due in the course of the business, unless it is a property tax secured by a lien against estate property which is abandoned by the bankruptcy trustee, or payment of the tax is excused under a specific bankruptcy law. Cites circumstances in which payment of such taxes may be deferred in a case pending under chapter 7 until final distribution is made. Entitles to administrative expense priority payment certain secured and postpetition unsecured taxes incurred by the bankruptcy estate, including ad valorem property taxes. Declares that a governmental unit shall not be required to file a request for the payment of administrative expenses relating to a tax liability or tax penalty. Allows a trustee to recover from property securing a claim for the payment of all ad valorem property taxes relating to such property. (Sec. 713) Requires as a condition for payment of tardily filed priority tax claims that they be filed either before the trustee commences distribution or ten days following the mailing to creditors of the summary of the trustee's final report, whichever is earlier (currently, before the trustee commences distribution of the estate). (Sec. 714) Makes nondischargeable any obligations based on income tax returns prepared by tax authorities. (Sec. 715) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 716) 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 thecreditors is convened, of all tax returns for taxable periods endingin the three-year period that ends on the date of the filing of thepetition. Authorizes the court to dismiss a plan, if a chapter 13debtor fails to comply with such time frame. Expresses the sense of the Congress that the Advisory Committee onBankruptcy Rules of the Judicial Conference should propose foradoption amended Federal Rules of Bankruptcy Procedure pertaining toobjections to tax claims and to plan confirmation. (Sec. 717) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion ofthe potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor domiciled in the State in which the debtor resides or has its principal place of business typical of the holders of claims or interests in the case. (Sec. 718) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable periodwhich ended before the order for relief against an income tax liability for a taxable period which also ended before the order forrelief. Title VIII: Ancillary and Other Cross-Border Cases - Expands thescope of bankruptcy law to incorporate the Model Law on Cross-BorderInsolvency, and to establish a statutory mechanism for: (1) dealingwith cases of cross-border insolvency; and (2) cooperation betweenU.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and Statecourts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title IX: Financial Contract Provisions - Amends Federal bankruptcy provisions to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers to those transfers that are fraudulent in nature. Sets forth statutory guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions. (Sec. 902) Specifies the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of designated contracts and agreements relating to executory contracts and unexpired leases; or (2) the liquidation, acceleration, or termination of such contracts and agreements. (Sec. 903) Declares that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee). Title X: Protection of Family Farmers - Amends the Federal bankruptcy provisions to: (1) reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income, (thereby reinstating family farmer bankruptcy relief); (2) define a family farmer as one whose gross income of more than 50 percent from a farming operation was received during at least one of the three taxable years preceding the taxable year in which the bankruptcy petition was filed (thus relaxing eligibility criteria from one year to three years); and (3) cite circumstances under which the claim of a governmental unit that arises as a result of the disposition of a farm asset used in thedebtor's farming operation shall be treated as an unsecured claim that is not entitled to priority. Title XI: Health Care and Employee Benefits - Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 1103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 1104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec. 1105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. Title XII: Technical Amendments - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 1202) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly. (Sec. 1206) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 1211) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1213) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 1214) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 1219) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 1225) Permits the bankruptcy trustee to sell, use, or lease property in accordance with nonbankruptcy law governing the transfer of property by nonprofit charitable corporations, if doing so is not inconsistent with certain relief granted under the automatic stay. (Sec. 1226) Extends from 20 to 30 days the length of time after a debtor receives possession of property for perfection of a security interest in such property created by a transfer which the trustee may not avoid. (Sec. 1228) Bankruptcy Judgeship Act of 1999 - Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such agdistrict five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina. Directs each chief bankruptcy judge to report annually to the Director of the Administrative Office of the U.S. Courts on the travel expenses of each bankruptcy judge assigned to the applicable district. Title XIII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments.
United States · United States Congress · 16 March 1999
Commends U.S. Senator J. Robert Kerrey of Nebraska, on the 30th anniversary of the events giving rise to his receiving the Medal of Honor, for service to the United States.
United States · United States Congress · 3 March 1999
Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise provisions for the National Writing Project (NWP). Increases the maximum amount for any one contractor under limits on the Federal share of NWP teacher training programs. Repeals the classroom teacher grants program under NWP. Increases and extends through FY 2004 the authorization of appropriations for NWP.
United States · United States Congress · 2 March 1999
Nursing Home Residential Security Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish certain restrictions on transfers or discharges of nursing facility residents in the case of voluntary withdrawal from Medicaid participation.
United States · United States Congress · 2 March 1999
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to: (1) make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities to public or nonprofit private entities; (2) establish up to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology, through grants or cooperative agreements, for purposes of collecting and analyzing information on autism and developmental disabilities; (3) establish a clearinghouse within the Center for the collection and storage of data generated from the monitoring programs created by this Act; and (4) coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters. Authorizes appropriations. Requires the Secretary to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations. Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism.
United States · United States Congress · 22 February 1999
Requests that the U.S. Postal Service issue a commemorative postage stamp honoring the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 11 February 1999
Designates the week beginning April 30, 1999, as National Youth Fitness Week. Urges parents, families, caregivers, and teachers to encourage and help youth to participate in athletic activities and to teach adolescents to engage in healthy lifestyles.
United States · United States Congress · 8 February 1999
Expresses: (1) condolences to the family of King Hussein and to all the people of Jordan; (2) admiration for King Hussein's enlightened leadership and gratitude for his support for peace throughout the Middle East; and (3) support and best wishes for the new government of Jordan under King Abdullah. Reaffirms the U.S. commitment to strengthening the vital relationship between our two governments and peoples.
United States · United States Congress · 4 February 1999
Declares that: (1) the final political status of the territory controlled by the Palestinian Authority can only be determined through negotiations and agreement between Israel and the Palestinian Authority; (2) any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition; and (3) the President should unequivocally assert U.S. opposition to the unilateral declaration of a Palestinian state.
United States · United States Congress · 3 February 1999
Amends the Animal Welfare Act to eliminate the provision permitting interstate movement of live fighting birds if the fighting venture is to take place in a State allowing such fights.
United States · United States Congress · 3 February 1999
Deceptive Mail Prevention and Enforcement Act - Amends Federal postal law to prohibit the use of any reference to the Postmaster General, a citation to Federal statute, or implication that nonmailable matter is afforded any special protections or status by the Federal Government if such matter constitutes a solicitation by a non-governmental entity for: (1) the purchase of or payment for products or services and containing a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; or (2) information or the contribution of funds or membership fees and containing such terms or symbols which could reasonably be interpreted or construed in the same manner. Allows the mailing of such matter if it does not contain a statement that implies that Federal Government benefits or services will be affected by any purchase, nonpurchase, response, or non-response to such matter. (Sec. 2) Declares that matter otherwise legally acceptable in the mails is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs if such matter constitutes a solicitation for the purchase of any products that is federally produced, may be obtained without cost from the Federal Government, and does not contain a statement giving notice of such information. Requires the Postal Service to regulate the manner in which such statement should be displayed. (Sec. 3) Prohibits matter otherwise legally acceptable in the mails that relates to a sweepstakes, prize promotion, or award that does not meet specified Postal Service requirements from being carried or delivered by mail. Allows it to be disposed of as the Postal Service directs. Requires persons who: (1) use the mails for any matter that contains sweepstakes entry materials to adopt reasonable practices and procedures to prevent the mailing of such materials to persons who submit written requests that such materials should not be mailed to them; and (2) mail such solicitation materials to maintain or cause to be maintained records of all such requests that permit the suppression of the names of such requesters for a five-year period beginning on the date of the written requests. (Sec. 4) Makes postal law sanctions involving false representations and lotteries applicable to deceptive mailings under this Act. (Sec. 5) Allows the Postal Service to apply for a temporary restraining order and preliminary injunctions in the preparation for or during the pendency of proceedings concerning deceptive mailings. (Sec. 6) Increases civil penalties for violation of current postal law sanctions and establishes civil penalties for violation of this Act. (Sec. 7) Authorizes the use of administrative subpoenas by the Postmaster General in any investigation involving nonmailable matter.
United States · United States Congress · 28 January 1999
TABLE OF CONTENTS: Title I: Expanded Availability of Health Care Services Title II: Ticket to Work and Self-Sufficiency and Related Provisions Subtitle A: Ticket to Work and Self-Sufficiency Subtitle B: Elimination of Work Disincentives Subtitle C: Work Incentives Planning, Assistance, and Outreach Title III: Demonstration Projects and Studies Title IV: Technical Amendments Work Incentives Improvement Act of 1999 - Title I: Expanded Availability of Health Care Services - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to expand opportunities for such workers to make such a buy. Provides that Federal funds paid to a State for medical assistance provided to certain working disabled individuals must be used to supplement but not supplant the level of State funds expended as of FY 1999 for programs to enable working disabled individuals to work. (Sec. 102) Provides for certain continuation of Medicare coverage for working individuals with disabilities. (Sec. 103) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support the working disabled as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes appropriations. (Sec. 104) Authorizes State demonstration projects for certain Medicaid coverage of up to a specified maximum number of workers with a potentially severe disability, coverage equal to that afforded under the State option provided for above for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid. Authorizes appropriations. Title II: Ticket to Work and Self-Sufficiency and Related Provisions - Subtitle A: Ticket to Work and Self-Sufficiency - Amends part A (General Provisions) of SSA title XI to direct the Commissioner to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation services, or other support services, pursuant to an appropriate individual beneficiary work plan that meets specified requirements, at the Commission's expense, from a participating employment network, public or private, which: (1) meets specified qualifications and is under an agreement with the Commissioner who must select a program manager to assist in administering TWSSP; (2) is chosen by the beneficiary, and (3) is willing to accept assignment of the beneficiary's TWSSP ticket. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth special requirements applicable to cross-referral to certain State agencies and requirements relating to provision of services. Describes employment network payment systems. Provides that during any period for which an individual is using a TWSSP ticket, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review with regards to whether the individual is or is not disabled. Requires payments to employment networks to be made out of the social security trust funds in the case of ticketed SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) disability beneficiaries who return to work, or from the appropriation made available for making Supplemental Security Income (SSI) payments under SSA title XVI, in the case of SSI disability beneficiaries who return to work. Provides for allocation of other costs. (Sec. 202) Establishes within the Social Security Administration the Work Incentives Advisory Panel to advise the Commissioner with respect to TWSSP, and other Federal officials on related issues. Provides that the costs for carrying out this paragraph shall be paid from amounts available for the administration of SSA titles II and XVI, and shall be allocated among those amounts as appropriate. Subtitle B: Elimination of Work Disincentives - Amends SSA title II to set forth a number of measures designed to eliminate work disincentives, namely prohibiting work activity as a basis for review of an individual's disability status and providing for expedited eligibility determinations for applications for disability benefits of former certain long-term disability beneficiaries that engaged in substantial gainful activity during a certain extended period following the end of a rehabilitation services trial work period. Subtitle C: Work Incentives Planning, Assistance, and Outreach - Amends SSA title XI part A (General Provisions) to direct the Commissioner to establish a community-based work incentives outreach program for disabled beneficiaries that includes the provision of technical assistance to organizations and entities that are designed to encourage disabled beneficiaries to return to work. Provides that the costs of carrying out this subtitle shall be paid from amounts made available for administration of SSA titles II and XVI, and shall be allocated among such amounts as appropriate. (Sec. 222) Amends SSA title XI to authorize the Commissioner to make certain minimum payments in each State to the protection and advocacy system established under the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of providing services to disabled beneficiaries, services which may include advocacy or other services that such a beneficiary may need to secure or regain gainful employment. Provides for funding similar to that in he paragraph above. Title III: Demonstration Projects and Studies - Amends the Social Security Disability Amendments of 1980 to provide for an extension of disability insurance program demonstration project authority to include any group of applicants for benefits under such program with impairments that may reasonably be presumed to be disabling for purposes of such demonstration project. (Sec. 302) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds to the extent provided in advance in appropriation acts. (Sec. 303) Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Health and Human Services should establish additional demonstration projects to assist individuals with disabilities to engage in work. (Sec. 304) Directs the Comptroller General to conduct and report to the Congress on various described studies concerning existing disability-related employment incentives and coordination of the OASDI disability insurance program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs, as well as on a study concerning the impact of the substantial gainful activity limit on return to work. Title IV: Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals. (Sec. 402) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) exempt from the Privacy Act of 1974 any agreements with State and local prisons to supply such information; (4) transfer from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments; (5) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (6) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 403) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage. (Sec. 404) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or development projects under SSA titles II and XVI. (Sec. 405) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems, among other changes allowing a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis.
United States · United States Congress · 25 January 1999
Satellite Television Act of 1999 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting any television broadcast station in that local market and pursuant to Federal compulsory licensing requirements. States that a local television station may be required to bear the costs associated with delivering a good quality signal to the local receiving facility of the satellite carrier. Directs the Federal Communications Commission (FCC) to institute a single rulemaking to examine the extent to which carriage of distant network stations already provided to subscribers on March 1, 1998, may continue without causing a projected loss of audience and revenue as to cause material harm to the viability of local television stations. Makes this section inapplicable to the carriage of the digital signals of television stations by cable television systems. Prohibits a cable system or other multichannel video programming distributor from retransmitting the signal of a broadcast station except: (1) with such station's express authority; or (2) in the case of a station electing to assert the right to such carriage. Provides exceptions. States that nothing in this Act shall prohibit the FCC from revising or reassigning designated market areas if done in the same manner and extent as the FCC's cable television mandatory carriage rules provide.
United States · United States Congress · 22 January 1999
Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services to stabilize an emergency medical condition following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a fully insured group health plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Exempts from this requirement any group health plan (other than a fully insured plan) of a small employer. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan (other than a fully insured plan) and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Defines "fully insured group health plan" as a plan where benefits are provided pursuant to the terms of an arrangement between a group health plan and a health insurance issuer and are guaranteed by the health insurance issuer under a contract or policy of insurance. Subtitle B: Right to Information about Plans and Providers - Amends ERISA, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, to require plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Subtitle D: Miscellaneous Provisions - Amends the Internal Revenue Code to deem the requirements of subtitle B of this Act to be incorporated into the Code. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Requires any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1999 - Amends ERISA, the Public Health Service Act (PHSA) (as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Research and Quality - Healthcare Research and Quality Act of 1999 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Provider-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public-private sector accreditation bodies. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to allow a full deduction from gross income of the health insurance costs of self-employed individuals. (Sec. 502) Repeals the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 503) Allows the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts. (Sec. 504) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Deems subscription charges for MSAs to be the amount of Government contributions.
United States · United States Congress · 21 January 1999
National Missile Defense Act of 1999 - States as U.S. policy to deploy as soon as technologically possible a National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
United States · United States Congress · 21 January 1999
Small Business Administration Equal Representation Act - Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to establish at least one SBA district office in each State.
United States · United States Congress · 20 January 1999
National Missile Defense Act of 1999 - States as U.S. policy to deploy as soon as technologically possible a National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
United States · United States Congress · 20 January 1999
Personal Retirement Accounts Act of 1999 - Establishes in the Treasury the Save Social Security First Trust Fund (Trust Fund). Appropriates specified amounts to it for FY 1999 and 2000 for investment in public debt securities, with investment income credited to the Trust Fund. Prohibits Trust Fund amounts from being appropriated or used for any purpose other than transfer to the Personal Retirement Savings Fund (PRSF) established by this Act under the Personal Retirement Accounts Program for the benefit of individuals eligible for personal retirement savings accounts (PRSAs) (eligible individuals). Slates the Trust Fund for dissolution upon the transfer of all its amounts to PRSF. (Sec. 4) Amends the Social Security Act (SSA) to create a new title I, Personal Retirement Accounts Program (PRAP), redesignating current SSA title I (Old Age Assistance) as SSA title VI. Establishes in the executive branch, to administer PRAP, a Personal Retirement Accounts Board (Board), which shall appoint an Executive Director to manage the PRSF. Appropriates specified amounts for FY 2001 through 2004 for the Secretary of the Treasury to transfer to the PRSF, along with amounts in the Trust Fund, where they are to be held in PRSF, along with all net investment earnings in PRSF, in trust for the benefit of eligible individuals. Establishes the PRSF in the Treasury for paying benefits, making distributions, and other uses as specified in connection with PRAP, including most notably for the investment of PRSA funds. Prohibits sums in PRSF that are credited to the individual's PRSA from being used for, or diverted to, purposes other than for the exclusive benefit of the PRSA holder or that holder's beneficiaries. Requires the Executive Director to establish a PRSA for any individual who has worked four qualifying quarters of coverage, as determined under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI). Directs the Executive Director to allocate annually to each PRSA a minimum amount of $250, plus an additional amount, determined according to a specified formula, based on how much the individual paid in payroll taxes and the net earnings and net losses from the investment of the sums transferred above to PRSF. Directs the Board to establish a Government Securities Investment Fund, a Fixed Income Investment Fund, and a Common Stock Index Investment Fund (modeled after the Thrift Savings Plan (TSP) for Federal employees) for the investment of PRSF sums credited to an individual's PRSA, according to an election the individual may make at least twice each year. Prescribes requirements similar to those for the TSP with respect to: (1) accounting and information; (2) annuities and their methods of payment, election, and purchase; (3) protections for spouses and former spouses; and (4) tax treatment of PRSF. Authorizes distributions from an individual's PRSA only on or after the earlier of the date on which the individual begins receiving OASDI benefits or the date of the individual's death. Allows a PRSA holder to designate one or more beneficiaries under regulations prescribed by the Board. Outlines fiduciary responsibilities with respect to the PRSF, as well as personal liability and civil penalties for breach of duties, and bonding requirements. (Sec. 5) Directs the Board to report to appropriate congressional committees its recommendations for additional investment options for individuals with PRSAs, including specific recommendations regarding whether the Board should: (1) make available to such account holders investment funds managed by qualified professional asset managers; and (2) offer diversified investment selections for such account holders that take the individual's age into consideration.
United States · United States Congress · 20 January 1999
TABLE OF CONTENTS: Title I: Miscellaneous Trade Corrections Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions Subtitle A: Temporary Duty suspensions and Reductions Subtitle B: Trade Provisions Title III: Miscellaneous Trade Corrections Miscellaneous Trade and Technical Corrections Act of 1999 - Title I: Miscellaneous Trade Corrections - Makes various specified miscellaneous technical corrections to the Trade Act of 1974 and other specified Federal law involving: (1) abolishment of the East-West Foreign Trade Board; (2) repeal of the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits; (3) repeal of the exemption of documented tugs with a Great Lakes endorsement from certain entry and clearance requirements; (4) change of general most-favored-nation (MFN) status to general or normal trade relations (NTR) status under the Harmonized Tariff Schedule of the United States; and (5) conforming amendments to obsolete references to the General Agreement on Tariffs and Trade (GATT). (Sec. 1003) Amends the Harmonized Tariff Schedule of the United States to allow certain entries of television receivers, monitors, and picture tubes, and combination TV-VCRs with a diagonal measurement of up to 34.29cm (currently, 33.02 cm), or 13.5 inches, to be classified as 13 inches for purposes of tariff treatment under the Schedule. Directs the Customs Service, upon proper request, to liquidate or reliquidate certain entries made on or after January 1, 1995, and before 15 days after enactment of this Act, as if such amendment applied to such entries. Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions - Subtitle A: Temporary Duty Suspensions and Reductions - Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty suspensions for: (1) specified chemicals and dyes through December 31, 2001; (2) snowboard boots with uppers of textile materials through December 31, 2001; (3) ink-jet textile printing machinery through December 31, 2001; (4) textile printing machinery through December 31, 2001; (5) substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale through December 31, 2001; (6) power weaving machines (looms), shuttle type, for weaving fabrics between 30 cm and 4.9m in width, if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams, through December 31, 2001; (7) skating boots for use in the manufacture of in-line roller skates through December 31, 2001; (8) dual thrust chamber rocket engines, each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127cm, through December 31, 2001; (9) certain manufacturing equipment through December 31, 2001; (10) textured rolled glass sheets through December 31, 2001; (11) certain anti-HIV drug substances through June 30, 1999; (12) certain high-performance loudspeakers not mounted in their enclosures, through December 31, 2001; (13) parts for use in the manufacture of certain high-performance loudspeakers through December 31, 2001; and (14) certain polymers through December 31, 2001. (Sec. 2129) Reduces the duty on a certain dye and on certain chemicals variously through December 31, 1999, December 31, 2000, and December 31, 2001. (Sec. 2161) Reduces the duty, through December 31, 2001, on weaving machines (looms), shuttleless type, for weaving fabrics between 30cm and 4.9m in width, entered without off-loom or large loom takeups, drop wires, heddles, reeds, harness frames, or beams. Subtitle B: Other Trade Provisions - Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States. (Sec. 2401) Mandates treatment as a product of the Virgin Islands, Guam, or American Samoa, during 1999 and 2000, of any article of jewelry assembled in such territory or possession. (Sec. 2402) Provides for the tariff treatment of certain components of scientific instruments and apparatus, as well as the application of the domestic equivalency test to such components. (Sec. 2403) Directs the U.S. Customs Service to liquidate or reliquidate (refund duty on) certain entries made at Los Angeles, California, and New Orleans, Louisiana, in accordance with the final decision of the International Trade Administration for shipments entered between October 1, 1984, and December 14, 1987 (case number A- 274-001). (Sec. 2404) Amends the Tariff Act of 1930 to provide that packaging material produced in the United States (currently, any packaging material), which is used by the manufacturer or any other person on or for articles which are exported or destroyed, shall also be eligible for a refund (drawback) of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material. (Sec. 2405) Directs the Secretary of the Treasury, by January 1, 2000, to provide for the inclusion of commercial importation data from foreign-trade zones in the National Customs Automation Program (an automated and electronic system for processing commercial importations). (Sec. 2406) Permits the deferral (until sale) of duty payment on any large yacht (a vessel exceeding 79 feet in length and used primarily for recreation or pleasure) that is imported for sale at a boat show, if the importer of record: (1) certifies to the Customs Service that it is imported for sale at a boat show in the United States; and (2) posts a bond in an amount equal to twice the amount of the duty ordinarily owed on such yacht. (Sec. 2407) Directs the appropriate customs officer to allow or deny within 30 days after the filing date any application for further review with respect to a protest to a decision of the Customs Service. Requires that any allowed protest be forwarded to the customs officer who will conduct the further review. (Sec. 2408) Authorizes the Customs Service, notwithstanding the fact that a valid protest was not filed, to reliquidate an entry to refund merchandise processing fees paid on goods qualifying under the North American Free Trade Agreement (NAFTA) rules of origin for which no claim for preferential tariff treatment was made at the time of importation, provided that the importer meets certain conditions. (Sec. 2409) Authorizes the entry or withdrawal from a warehouse of international travel merchandise subject to a duty. (Sec. 2410) Revises requirements with respect to the five-year review by the administering authority and the International Trade Commission of countervailing duty or antidumping duty orders, notices of injury determination, or determinations to continue an order or suspension agreement. Excludes from the computation of the five-year period preceding such a review any period during which the importation of the subject merchandise is prohibited on account of U.S. imposition of certain sanctions under the International Emergency Economic Powers Act or other Federal law against the country in which such merchandise originates, if that country is not a member of the World Trade Organization. (Sec. 2411) Applies the rates of duty effective after December 31, 1994, under the Harmonized Tariff Schedule of the United States, if lower, to certain water resistant wool trousers that were entered, or withdrawn from warehouse for consumption, after December 31, 1988, and before January 1, 1995. (Sec. 2412) Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation. (Sec. 2413) Grants duty-free treatment, through December 31, 2002, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. (Sec. 2414) Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. (Sec. 2415) Directs the U.S. Customs Service to provide for the liquidation or reliquidation (refund) of certain entries in accordance with the provisions of Treasury Decision 86-126(M) and Customs Ruling No. 224697, dated November 17, 1994. (Sec. 2417) Amends the Tariff Act of 1930 to authorize duty-free sales enterprises to be located, among other places, within a port of entry, or within 25 statute miles of a staffed port of entry, if reasonable assurance can be provided that the duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the territory. (Sec. 2418) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services. Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems. Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the Customs Service. Amends the Tariff Act of 1930 to authorize the Secretary, for a specified period, to prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided. (Sec. 2419) Allows a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met. (Sec. 2420) Revises the methodology used to calculate the drawback (refund of duties) on the export of finished petroleum derivatives that have been manufactured with (substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article. (Sec. 2421) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries of mueslix cereal; and (2) refund to the importer any excess duties paid with respect to such entries. (Sec. 2422) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997. (Sec. 2423) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements. (Sec. 2424) Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (normal trade relations treatment) to Mongolian products. (Sec. 2425) Authorizes the Commissioner of the Customs Service to establish a pilot program for FY 1999 to provide 24-hour cargo inspection service on a fee-for-service basis at a certain international airport. (Sec. 2426) Directs the Department of Defense to permit the dependent children of deceased U.S. Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System at Ford Buchanan, Puerto Rico, to complete their primary and secondary education without cost to them or any parent or relative. Title III: Amendments to Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.
United States · United States Congress · 20 January 1999
Expresses the sense of the Senate that Taiwan and its 21 million people should have appropriate and meaningful participation in the World Health Organization (WHO), and that the Secretary of State should report to the Senate Foreign Relations Committee by April 1, 1999, on: (1) the Secretary's efforts to more actively support Taiwan's membership in international organizations that accept non-states as members, and to look for ways to have Taiwan's voice heard in international organizations; and (2) what action the United States will take at the May 1999 WHO meeting in Geneva to support Taiwan's meaningful participation.
United States · United States Congress · 19 January 1999
Employee Educational Assistance Act - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 19 January 1999
Wei Jingsheng Freedom of Conscience Act - Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fee.
United States · United States Congress · 19 January 1999
Public Safety Medal of Valor Act- 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, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. States that the Public Safety Medal of Valor is the highest national award for valor by a public safety officer. Establishes a Medal of Valor Review Board to select candidates as recipients of the Medal from among applications received by the National Medal Office. Establishes within the Department of Justice a National Medal Office to support the Board and, with the Board's concurrence, to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Authorizes appropriations. 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. Directs the Attorney General to: (1) consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor; and (2) consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department.
United States · United States Congress · 19 January 1999
Regulatory Right-to-Know Act of 1999 - Directs the President, acting through the Director of the Office of Management and Budget to submit to the Congress, with the Federal budget each year, an accounting statement and associated report containing: (1) an estimate of the total annual costs and benefits of Federal regulatory programs in the aggregate; by agency, agency program, and program element; and by major rule; (2) an analysis of direct and indirect impacts of Federal rules on Federal, State, local, and tribal government, the private sector, small business, wages, and economic growth; and (3) recommendations to reform inefficient or ineffective regulatory programs or program elements. Requires the accounting statement to cover, at a minimum, the costs and corresponding benefits for the four preceding fiscal years. Requires the Director: (1) before submitting such statement and report, to provide public notice and an opportunity to comment and to consult with the Comptroller General; and (2) to incorporate an appendix to the report addressing public and peer review comments. Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits and the format of information provided for accounting statements; and (2) review agency submissions for consistency with such guidelines. Directs the Director to arrange for a nationally recognized public policy research organization with expertise in regulatory analysis and regulatory accounting to provide independent and external peer review of the guidelines and each accounting statement and associated report before such guidelines, statements, and reports are made final.
United States · United States Congress · 19 January 1999
Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). (Sec. 2) Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 4) Sets forth revised pay-as-you-go provisions for the Senate to conform with the biennial framework. (Sec. 5) Conforms provisions governing the President's budget to the biennial framework. (Sec. 6) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 7) Amends CBA to provide that it shall not be in order in the House of Representatives or the Senate to consider: (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. Provides that, in the Senate, such point of order shall not apply to: (1) any measure that is privileged for consideration pursuant to a rule or statute; (2) any matter considered in Executive Session; or (3) an appropriations measure or reconciliation bill. (Sec. 8) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 9) Provides that it shall not be in order in the House or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any Appropriations subcommittee for only the first fiscal year of a biennium unless the program, project, or activity for which such authority or limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended. (Sec. 10) Requires the Director of the Office of Management and Budget to report to the Budget Committees on the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on the two-year period.
United States · United States Congress · 19 January 1999
Considers hepatitis C becoming manifest in a veteran to a degree of ten percent or more to be service-connected, and therefore compensable under veterans' disability provisions, notwithstanding that there is no record of evidence of such illness during the period of such service, as long as it is shown that during such service the veteran experienced: (1) a blood transfusion before December 31, 1992; (2) blood exposure on or through skin or mucous membrane; (3) hemodialysis; (4) a tattoo, body piercing, or acupuncture; (5) unexplained liver disease; (6) an unexplained liver dysfunction value or test; or (7) working in a health-care position or specialty.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV : Strengthening Education and Training to Combat Violence Against Women Title V: Extension of Violent Crime Reduction Trust Fund Violence Against Women Act II - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will give priority to using the grant to develop and install data collection and communication systems linking police, prosecutors, courts, and tribal jurisdictions in order to identify and track protection orders and violations of such orders. Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. Amends Federal criminal code provisions governing full faith and credit given to protection orders to provide that: (1) a State or Indian tribe shall not notify the party against whom a protection order has been made that the protection order has been registered or filed in the State or tribal jurisdiction unless requested to do so by the party protected under that order; and (2) nothing in this title may be construed to require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State. Directs that a protection order that is otherwise consistent with this title shall be accorded full faith and credit and enforced notwithstanding the failure to provide notice to the party against whom the order is made of its registration or filing in the enforcing State or Indian tribe. (Sec. 102) Amends such Act to designate State, local, and Indian tribal courts as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and ten percent, respectively). Amends the Equal Justice for Women in the Courts Act to expand training that may be provided under domestic violence training grants to include training with respect to issues concerning individuals with disabilities. Authorizes appropriations from the Violent Crime Reduction Trust Fund through FY 2002. Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments. (Sec. 103) Reauthorizes appropriations through FY 2002 for grants to combat violent crimes against women. Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State, and local entities engaged in violence against women activities. (Sec. 104) Instructs the Attorney General to transfer flunitrazepam (the "date-rape" drug) from schedule IV of the Controlled Substances Act to schedule I (the strictest level of Federal drug penalty and control). (Sec. 105) Reauthorizes appropriations through FY 2002 for grants to encourage arrest policies. (Sec. 106) Amends the Federal criminal code to provide that any person who, while employed by or accompanying the armed forces outside of the United States, engages in conduct that would constitute a domestic violence or sexual assault offense if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be subject to prosecution in a U.S. district court. Sets forth provisions regarding concurrent jurisdiction and priority of exercise of jurisdiction. Authorizes the Secretary of Defense to designate and authorize any individual serving in a law enforcement position in the Department of Defense to arrest such a person outside of the United States if there is probable cause to believe that such person committed such an offense. Provides for the release of such arrested persons to civilian law enforcement authorities in specified circumstances. Provides for delivery of such persons to the appropriate authorities of a foreign country if: (1) delivery is requested for trial for such conduct as an offense under the laws of that country; and (2) delivery is authorized by a treaty or other international agreement to which the United States is a party. Requires the Secretary of the military department concerned to transmit to the Director of the Federal Bureau of Investigation a copy of records of any penal actions taken, including certain nonjudicial punishments imposed, against a member of the armed forces who is discharged, dismissed, or released from active duty. (Sec. 107) Prohibits and sets penalties for willfully causing bodily injury to any person or attempting, through the use of fire, a firearm, or an explosive device, to cause bodily injury to any person, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of any person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of any person if, in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or the offense is in or affects such commerce. Authorizes appropriations to the Departments of the Treasury and of Justice through FY 2002 to increase the number of personnel to prevent and respond to such alleged violations. Directs the United States Sentencing Commission to study and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 108) Amends the Violence Against Women Act of 1994 to reauthorize through FY 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 110) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. Deems a tribal court, for purposes of full faith and credit provisions, to have jurisdiction over any activity occurring in Indian country. Title II: Strengthening Services to Victims of Violence - Authorizes the Attorney General to make grants to private and nonprofit entities, publicly funded organizations not acting in a governmental capacity, and Indian tribal governments and affiliated organizations, to: (1) implement, expand, and establish cooperative efforts and projects between domestic violence and sexual assault victim advocacy organizations and civil legal assistance providers to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault; (2) implement, expand, and establish efforts and projects to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and (3) provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer civil legal assistance to victims of domestic violence, stalking, and sexual assault. Authorizes the Attorney General to: (1) make a grant to establish, operate, and maintain a national computer database of programs that provide civil legal assistance to victims of domestic violence, stalking, and sexual assault; and (2) evaluate the grants funded under this title through contracts or other arrangements with entities expert on domestic violence, stalking, and sexual assault and on evaluation research. Authorizes appropriations from the Violent Crime Reduction Trust Fund to carry out this title through FY 2002, with at least five percent of available amounts in each fiscal year used for grants for programs that assist victims of domestic violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe. (Sec. 202) Amends the Family Violence Prevention and Services Act with respect to State demonstration grants for programs and projects to prevent family violence and provide immediate shelter and related assistance to victims. Requires grant applicants to provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application. Earmarks funds to provide emergency assistance directly to victims of family violence, or their dependents, who are in the process of fleeing an abusive situation. Changes from a formula amount to $500,000 the minimum allotment to each State for such grants. Requires the Secretary of Health and Human Services to make grants to Indian tribes and organizations from any sums not distributed to them. Authorizes the Secretary to award grants to private nonprofit organizations for information, training, and technical assistance initiatives in specified subject areas. Authorizes appropriations under such Act through FY 2002. Revises the formula for the allocation of appropriations for grants for State coalitions. Directs the Secretary to conduct a nationwide needs assessment relating to family violence prevention and services programs. Authorizes the Secretary to award grants to up to ten State domestic violence coalitions, and up to ten local entities that carry out domestic violence programs providing shelter or related assistance, to develop and implement model community intervention strategies to address family violence in underserved populations. Prescribes formulae for the redistribution of funds available due to certain limitations. (Sec. 203) Prohibits any insurer from, directly or indirectly, taking any adverse action against: (1) an innocent insured; or (2) an applicant or insured on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association is, has been, or may be the subject of abuse. Defines an innocent insured as a subject of abuse insured under the same policy as the abuser, but who is not (in light of all the facts and circumstances) the cause of any claim incurred or that may incur. Requires any insurer taking an adverse action against a known subject of abuse to advise the applicant or insured in writing of the specific reasons for the action. Empowers the Federal Trade Commission (FTC) to enforce such prohibitions and policy. Provides for a private action against an insurer by an applicant or insured affected by a violation of this Act. (Sec. 204) Amends the Family Violence Prevention and Services Act to extend through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 205) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 and increase the authorization of appropriations for Federal victims' counselors. (Sec. 206) Amends the Family and Medical Leave Act of 1993 to entitle employees to leave to: (1) address domestic violence and its effects; or (2) care for a child or parent of the employee who is addressing domestic violence and its effects. Authorizes an employer to require an employee to provide documentation or other corroborating evidence. Amends Federal civil service law to entitle Federal employees to take such leave, subject to the same requirements. (Sec. 207) Amends the Internal Revenue Code to authorize unemployment compensation where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence. Amends the Social Security Act to require State laws to provide for methods of administration that will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of claims for unemployment compensation based on domestic violence, including methods of ascertaining and keeping information confidential. (Sec. 208) Amends the Immigration and Nationality Act, the Omnibus Crime Control and Safe Streets Act of 1968, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to aliens who have been battered or subjected to extreme cruelty to provide for waiver of certain immigration requirements. (Sec. 209) Amends the Violence Against Women Act of 1994 to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older Individuals). Directs the Attorney General to: (1) make grants to law school clinical programs for the purposes of funding the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop curricula and offer, or provide for the offering of, training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of such abuse, neglect, and exploitation. Authorizes appropriations. Amends the Family Violence Prevention and Services Act and the Older Americans Act of 1965 with respect to programs addressing such issues, including related training for health professionals. Amends the Older Americans Act of 1965 to authorize appropriations for programs and activities for the prevention of elder abuse, neglect, and exploitation. Requires the Secretary to make grants to: (1) support projects in local communities to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation, including those in senior housing complexes and senior centers. Authorizes appropriations. Amends the Public Health Service Act (as amended by the Health Professions Education Partnerships Act of 1998) to require the Secretary to give preference in the award of certain grants and contracts to any health professions educational entity that requires, as a condition of receiving a degree or certificate, that each student have had significant training in the identification and referral of victims of elder abuse and neglect. Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to make grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Requires that priority be given to States that consider domestic violence in making a custody decision and require findings on the record. (Sec. 302) Directs the Attorney General to study and report to Congress on Federal and State laws relating to child custody, including the Parental Kidnaping Prevention Act of 1980, and their effect on child custody cases in which domestic violence is a factor. Requires such study to examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from compliance with the full faith and credit (and judicial jurisdiction) requirements of that Act. Authorizes appropriations. (Sec. 303) Amends the Runaway and Homeless Youth Act to authorize appropriations for grants through FY 2002. Directs the Secretary to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. (Sec. 304) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY 2002 for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony. Directs the Attorney General to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in awarding grants or contracts for health professions and nurse education, to give preference to a relevant health professions entity that requires, as a condition of receiving a degree or certificate, that a student has had significant training in the identification, examination, treatment, and referral of victims of domestic violence. (Sec. 401) Defines relevant health professions entity as a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing, a program for the training of physician assistants, or a program for the training of allied health professionals. (Sec. 402) Authorizes the Attorney General to make grants for the development and dissemination of model programs to provide education and training in appropriate and effective responses to victims of domestic violence and victims of sexual assault (including, as appropriate, the effects of domestic violence on children) to individuals (other than law enforcement officers and prosecutors) who are likely to come into contact with such victims during the course of their employment. Limits such grants to public and private nonprofit entities that have: (1) nationally recognized expertise in the areas of domestic violence and sexual assault; and (2) a record of commitment and quality responses to reduce domestic violence and sexual assault. Authorizes appropriations. (Sec. 403) Requires States to use certain transferred funds for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for: (1) educational seminars; (2) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; and (6) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities. Requires at least 25 percent of grant funds are used for educational programs targeted for middle school, junior high, and high school students. Directs the Secretary, through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, to establish a National Resource Center on Sexual Assault (with a central resource library) to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault. Authorizes appropriations. (Sec. 404) Directs the Secretary to provide grants to individuals or organizations to carry out educational programs for elementary schools, middle schools, secondary schools, or institutions of higher education with respect to information regarding, and prevention of, domestic violence and violence among intimate partners. Authorizes appropriations. (Sec. 405) Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations for such grants through FY 2002. (Sec. 406) Amends the Family Violence Prevention and Services Act to make grants to groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants through FY 2002. (Sec. 407) Directs the Attorney General to establish a multidisciplinary, multiagency national commission to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend minimum sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault for forensic examinations, and develop a recommended national protocol and a mechanism for nationwide dissemination; and (4) study and evaluate State procedures for payment of forensic examinations for victims of sexual assault, and establish a recommended Federal protocol for such payment. Authorizes appropriations. (Sec. 408) Authorizes the Attorney General to make a grant to a private, nonprofit entity meeting certain requirements to establish a national clearinghouse and resource center to provide information and assistance to employers and labor organizations on appropriate workplace responses to domestic violence and sexual assault. Authorizes appropriations. (Sec. 409) Amends the Violence Against Women Act of 1994 to direct the Secretary to make grants to entities, including domestic violence and sexual assault organizations, research organizations, and academic institutions, to: (1) support specified research and evaluation of education, prevention, and intervention programs on violent behavior against women; and (2) address gaps in research and knowledge about violence against women, including violence against women in underserved communities. Directs the U.S. Sentencing Commission to report to Congress on: (1) Federal and State sentences for homicides or assaults in which the victim was a spouse, former spouse, or intimate partner of the offender; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving them in which domestic violence occurred; (3) the extent to which acts of domestic violence committed against the offender, including coercion, may have contributed to the commission of an offense; (4) an analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem of domestic violence; and (5) recommendations with respect to all such offenses, including any basis for a downward adjustment in any applicable Federal sentencing guidelines determination. Directs the Secretary to make grants to nonprofit entities, including sexual assault organizations, research organizations, and academic institutions, in order to gather qualitative and quantitative data on the experiences of minors and adults who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Requires the Attorney General to study and report to Congress on the status of the law with respect to rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting their victims. Authorizes appropriations. Title V: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize appropriations to the Violent Crime Reduction Trust Fund through FY 2002. Reduces discretionary spending limits for FY 2001 and 2002 in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) by specified offsetting amounts.
United States · United States Congress · 10 October 1998
TABLE OF CONTENTS: Title I: Extension of Expiring Provisions Subtitle A: Tax Provisions Subtitle B: Trade Provisions Title II: Other Tax Provisions Title III: Revenue Offset Title IV: Technical Corrections Tax Extension Act of 1998 - Title I: Extension of Expiring Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code (IRC) to temporarily extend provisions concerning the: (1) research credit; (2) work opportunity credit; (3) welfare-to-work credit; (4) contribution of stock to private foundations; (5) subpart F exemption for active financing income; (6) credit for producing fuel from a nonconventional source; and (7) disclosure of return information on income contingent student loans. Subtitle B: Trade Provisions - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through December 31, 1999. Amends the Trade Act of 1974 to authorize appropriations for trade adjustment assistance (TAA) for workers, firms, and the training of workers adversely affected by import competition under the North American Free Trade Agreement transitional adjustment assistance program. Terminates the TAA programs July 1, 1999. Title II: Other Tax Provisions - Provides, starting January 1, 2002, for the deduction of 100 percent of the health insurance costs of self-employed individuals. Amends the Agricultural Market Transition Act to disregard specified payment options provided by the Emergency Farm Financial Relief Act. Permanently extends income averaging for farmers. Allows, for taxable year 1998, nonrefundable personal credits to fully offset regular tax liability. Title III: Revenue Offset - Amends provisions concerning liquidation of corporate subsidiaries to provide that if a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then, notwithstanding other specified IRC provisions, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. Title IV: Technical Corrections - Revises provisions of the IRC, the Internal Revenue Service Restructuring and Reform Act of 1998, the Taxpayer Relief Act of 1997, the Tax Reform Act of 1984, the Transportation Equity Act for the 21st Century, and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 10 October 1998
Government for the 21st Century Act of 1998 - Establishes the Commission on Government Restructuring and Reform (Commission) to examine and make recommendations to reform and restructure the organization and operations of the executive branch of the Federal Government to improve economy, efficiency, effectiveness, consistency, and accountability in Government programs and services. Authorizes appropriations for FY 1999 through 2001. Terminates the Commission by the end of FY 2001. (Sec. 4) Authorizes the President to submit to the Commission a report consistent with specified criteria, containing a single legislative proposal (including legislation proposed to be enacted), to implement those recommendations for which legislation is necessary or appropriate. Directs the Commission to submit a single preliminary report to the President and the Congress which includes: (1) a description of the Commission's findings and recommendations, taking into account any recommendations submitted by the President to the Commission; and (2) reasons for such recommendations. (Sec. 5) Requires any preliminary report submitted to the President and the Congress to be made immediately available to the public. Directs the Commission to announce and hold public hearings for the purpose of receiving comments on the reports. Requires the Commission, after the conclusion of the period for public hearings, to submit to the President a final report that includes: (1) a description of the Commission's findings and recommendations, including a description of changes made to the report as a result of public comment on the preliminary report; (2) reasons for such recommendations; and (3) a single legislative proposal (including legislation proposed to be enacted) to implement those recommendations for which legislation is necessary or appropriate. Requires such report to be made available to the public on the date of submission to the President. Requires the President to approve or disapprove the report. Directs the President: (1) if the report is approved, to submit the report to the Congress for legislative action; and (2) if the report is disapproved, to report the specific issues and objections, including the reasons for any changes recommended in the report, to the Commission and the Congress. Requires the Commission to consider any issues or objections raised by the President and permits modification of the report based on such issues and objections. Mandates submission of the final report (as modified, if modified) to the President and the Congress no later than 30 calendar days after receipt of the President's disapproval. (Sec. 6) Provides for congressional consideration of the reform proposals. (Sec. 7) Gives the Director of the Office of Management and Budget primary responsibility for implementation of the Commission's report and the Act enacted to implement reform proposals. Directs each affected Federal department and agency, as a part of its annual budget request, to transmit to the appropriate congressional committees its schedule for implementation of the provisions of the Act for each fiscal year. Requires, in addition, that the report contain an estimate of the total expenditures required and the cost savings to be achieved by each action, along with the Secretary's assessment of the effect of the action. Requires that the report also include a report of any activities that have been eliminated, consolidated, or transferred to other departments or agencies. Requires the Comptroller General to periodically report to the Congress and the President regarding the accomplishment, costs, timetable, and effectiveness of the implementation of any Act enacted to implement the reform proposals. (Sec. 8) Provides for any proceeds from the sale of assets of any department or agency resulting from the enactment of an Act to implement the reform proposals to be: (1) applied to reduce the Federal deficit; and (2) deposited in the Treasury and treated as general receipts.
United States · United States Congress · 9 October 1998
Medicare Home Health Fair Payment Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, as amended by the Balanced Budget Act of 1997, in order to: (1) create a new formula for cost reporting periods beginning on or after October 1, 1998 with the agency-specific per beneficiary annual limitation calculated on a different basis which still makes use of the agency's census division; (2) revise the rules for new providers for cost reporting periods beginning on or after October 1, 1998; (3) provide for a five percent increase in per visit cost limits for such cost reporting periods; (4) provide for a one year delay in establishment of a prospective payment system (PPS) for home health services and in implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system; and (5) adjust the home health market basket update for home health services under PPS and such interim system, reducing it by a specified percentage for any cost reporting period beginning in FY 2000 or 2001, and increasing it by another specified percentage for any cost reporting period beginning in FY 2004. Amends the Internal Revenue Code to treat: (1) a taxpayer as having omitted a correct taxpayer identification number (TIN) for purposes of mathematical error assessment if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary of the Treasury obtains from the person issuing the TIN; and (2) as a mathematical error the inclusion on a return of a TIN if it is of an individual whose age affects the amount of the tax credit involved and the computation of such credit reflects the treatment of such individual as being of an age different from the individual's age based on such TIN. Adds the vaccine against rotavirus gastroenteritis to the list of taxable vaccines for Federal sales tax purposes. Limits specified liability losses for purposes of the net operating loss deduction to those attributable to a liability under a Federal or State law requiring the reclamation of land, decommissioning of a nuclear power plant (or any unit thereof), dismantlement of an offshore drilling platform, remediation of environmental contamination, or payment of workmen's compensation. Limits the rule waiving the accrual method requirement for any portion of payment amounts which will not be collected to persons performing services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. Applies to any organization a significant trade or business of which is the lending of money the requirement of filing a return relating to the cancellation of indebtedness.
United States · United States Congress · 9 October 1998
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to change from May 1 to July 15 the annual deadline for a Medicare+Choice organization to submit to the Secretary of Health and Human Services proposed premiums and information relating to coordinated plans, Medical Savings Account (MSA) plans, and private fee-for-service plans. Authorizes the Secretary to require an interim submission before July 15. Requires a Medicare+Choice organization to notify the Secretary before July 15 during a contract term of an intention to terminate the contract at the end of the term. Reduces from five to three years the waiting period after a Medicare+choice organization's termination of a contract during which the Secretary may not contract again with such organization. Allows certain eligible organizations with risk-sharing contracts which have notified the Secretary of an intention not to convert such a contract to one offering a Medicare+Choice plan to resubmit an updated version of proposed premiums and related plan information previously submitted to make such a conversion. Requires the Secretary to act on such updated information in such a manner as to ensure that, if approved, the organization may make the conversion.
United States · United States Congress · 1 October 1998
Condemns the repressive policies of the Government of the former Soviet Union during the Ukrainian Famine of 1932-1933. Expresses the sense of the Congress: (1) in remembrance of the victims of the Famine; and (2) that any supplemental material that will assist in disseminating information about the Famine should be compiled and made available worldwide.
United States · United States Congress · 17 September 1998
Multichannel Video Competition Act of 1998 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting television (TV) broadcast signals. Directs the Federal Communications Commission (FCC) to adopt regulations to facilitate the provision of all qualified local commercial and noncommercial TV stations, either through satellite or terrestrial means, by providers of direct broadcast satellite services (DBS) providing video programming. Requires DBS providers, prior to January 1, 2001, to either carry all eligible local TV stations or compensate any station not carried. Directs the FCC to prescribe a compensation formula. Provides procedures for such stations to petition for such compensation. Requires the payment of additional compensation when the petitioner demonstrates that the formula compensation is insufficient to allow such station to operate in the public interest. Requires petitions to be decided within 150 days. Requires eligible local TV stations to bear the costs of delivering a good quality signal for retransmission by the satellite carrier. States that satellite carriers retransmitting the signal of a distant network station to households within an area served by a local affiliate of such network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant station prior to February 28, 1999. Directs the FCC to complete a single rulemaking proceeding defining unserved areas or households. Authorizes a cable system or other multichannel video programming distributor to retransmit the signal of a broadcasting station in the case of public service stations. Authorizes the retransmission of a signal of a TV station outside the station's local market by a satellite carrier directly to subscribers if: (1) such station was a superstation on May 1, 1991; and (2) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers. Authorizes such a retransmission if: (1) such signal was obtained from a satellite carrier; (2) the originating station was a superstation on May 1, 1991; and (3) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers.
United States · United States Congress · 15 September 1998
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fee.