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Bill· HRH.R. 3455 (105th)referred
United States · United States Congress · 12 March 1998
Amends the Agricultural Market Transition Act to authorize a six-month extension of marketing assistance loans.
Bill· HRH.R. 3451 (105th)open
United States · United States Congress · 12 March 1998
Amends the Food Security Act of 1985 to treat a nonprofit organization that rents land from a State (or political subdivision or agency) as a separate person for purposes of the conservation reserve program annual payment limitation. Provides that such payments shall not be counted toward the State's annual limitation.
Bill· HRH.R. 3437 (105th)open
United States · United States Congress · 11 March 1998
TABLE OF CONTENTS: Title I: Tobacco Community Revitalization Trust Fund Title II: Tobacco Market Transition Assistance Title III: Establishment of Private Tobacco Production Adjustment and Quality Assurance Programs Tobacco Market Transition Act - Title I: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund which shall make expenditures available for specified compensation, transition, and related assistance to tobacco producers. Authorizes appropriations (as repayable advances). Title II: Tobacco Market Transition Assistance - Directs the Tobacco Production Control Corporation (Corporation) (established by this Act) to temporarily: (1) compensate eligible quota tobacco holders for loss of tobacco quota asset value; and (2) make transition payments to eligible active tobacco producers. Sets forth payment provisions. (Sec. 203) Directs the Secretary of Agriculture to: (1) forgive specified loans to tobacco loan associations; and (2) transfer to such associations appropriate loan inventory titles and no net cost tobacco funds. (Sec. 204) Directs the Corporation to provide grants to eligible political subdivisions for tobacco community economic development activities. (Sec. 205) Directs the Corporation to make transition payments to tobacco warehousemen and consider making payments to certain other persons adversely affected by the dismantling of the Federal tobacco program or tobacco settlement legislation. (Sec. 206) Amends the Internal Revenue Code to treat amounts received for loss of quota asset value as long-term capital gain income and active producer transition payments as regular income unless: (1) used for qualified debt repayment; or (2) transferred to a tobacco farmer individual retirement account (as provided for by this Act). Title III: Establishment of Private Tobacco Production Adjustment and Quality Assurance Program - Establishes the Tobacco Production Control Corporation which shall: (1) establish a licensing system for tobacco production and marketing; and (2) enter into agrements with tobacco loan associations to administer licensing, price support, and marketing activities. (Sec. 303) Sets forth tobacco price support levels and penalty provisions.
Law· SS. 1733 (105th)enacted
United States · United States Congress · 10 March 1998
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act, the Internal Revenue Code, and the Food Stamp Act of 1977 to provide for the sharing of death and other information among State food stamp agencies, the Department of Health and Human Services, and the Social Security Administration for the purpose of ensuring that food stamp coupons are not issued for deceased individuals. Requires the Commissioner of Social Security to establish a cooperative arrangement with each State food stamp agency and notify such an agency of any such individuals.
Bill· SS. 1719 (105th)referred
United States · United States Congress · 5 March 1998
Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Authorizes appropriations.
Law· HRH.R. 3381 (105th)enacted
United States · United States Congress · 5 March 1998
Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Authorizes appropriations.
Bill· HRH.R. 3339 (105th)referred
United States · United States Congress · 5 March 1998
Rice Farmer Fairness Act - Amends the Agricultural Market Transition Act to require a rice cropland owner to maintain the land in rice production (or a cropping system rotation that includes rice) in order to remain eligible for production flexibility contact payments if a tenant or sharecropper was such land's principal rice producer before the contract was entered into.
Bill· SS. 1707 (105th)referred
United States · United States Congress · 4 March 1998
Safety of Imported Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem imported food adulterated if it has not been prepared, packed, and held under conditions meeting FDCA requirements (or conditions otherwise achieving the protection required) for domestic food. Allows consideration of whether inspection, testing, or other procedures have been refused. Allows importation denial on the basis of such refusal and other relevant factors.
Bill· HRH.R. 3335 (105th)referred
United States · United States Congress · 4 March 1998
Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to reduce the time period for the United States Trade Representative to advise the Secretary of Agriculture whether relevant grade, size, quality, or maturity restrictions on certain imported fruits and vegetables conflict with any trade agreement, including the General Agreement on Tariffs and Trade.
Bill· SS. 1698 (105th)referred
United States · United States Congress · 3 March 1998
Farmers' Temporary Employment Assistance Act - Amends the Immigration and Nationality Act to establish: (1) an alternative temporary agricultural worker process based upon a labor condition attestation filed by an employer and accepted by the appropriate State agency; and (2) a nonimmigrant visa category for such aliens. Sets forth program provisions.
Law· SS. 1683 (105th)enacted
United States · United States Congress · 26 February 1998
Transfers administrative jurisdiction over the Lake Chelan National Recreation Area from the Secretary of the Interior to the Secretary of Agriculture to be part of the Wenatchee National Forest and to be managed in accordance with National Forest System laws and regulations.
Bill· HRH.R. 3280 (105th)open
United States · United States Congress · 26 February 1998
USDA Year 2000 Compliance Enhancement Act - Establishes the position of Chief Information Officer within the Department of Agriculture. States that such Officer shall: (1) serve as vice-chairperson of the Executive Information Technology Review Board or other Department information-acquisition related body; and (2) design and implement an information technology architecture for the Department. Provides for the transfer of specified funds from Department offices and agencies to the Officer to: (1) carry out certain responsibilities and information acquisition and implementation activities; and (2) meet "year 2000" systems requirements. Establishes within the Office of the Chief Information Officer the position of deputy information officer (to be appointed by the Officer) to serve as liaison between the Officer and Department offices and agencies. Requires an annual compliance report by the Comptroller General of the United States.
Bill· HRH.R. 3264 (105th)referred
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Federal Tobacco Price Support Program Title II: Tobacco Community Revitalization Trust Fund Title III: Industry Payments for Department Tobacco Costs Title IV: Permanent Sale, Retirement, and Distribution of Tobacco Quota Title V: Agricultural Market Transition Assistance Title VI: Community, Farmer, and Worker Transition Assistance Title VII: Tax Treatment for Payments for Lost Tobacco Quota Title VIII: Immunity Tobacco Community Economic Stabilization and Support Act - Title I: Federal Tobacco Price Support Program - Amends the Agricultural Adjustment Act of 1938 with respect to cigarette manufacturer tobacco purchase submissions to require minimum purchase intentions for Flue-cured and Burley tobacco to be at 1997 levels (including levels fixed by the Secretary of Agriculture in cases of manufacturer nonsubmission). (Sec. 102) Revises related penalty provisions. Provides for deposit of penalty payments in the Tobacco Community Revitalization Trust Fund (established by this Act). (Sec. 103) Prohibits the United States Trade Representative, and the Secretaries of Commerce and Agriculture from advocating lower foreign trade barriers or increased market access for tobacco products containing less than 75 percent U.S. domestic content. (Sec. 104) Requires the Secretary of Agriculture to conduct a State referendum on the lease and transfer of tobacco quota if more than five percent of such State's producers so petition. (Sec. 105) Amends the Agricultural Act of 1949 to eliminate the tobacco marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Title II: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund (Fund), to be administered by the Secretary. Provides for manufacturer and importer assessments. Title III: Industry Payments for Department Tobacco Costs - Directs the Secretary to use Fund amounts to reimburse the Department for tobacco production and regulation costs. (Sec. 302) Amends the Agricultural Act of 1949 to revise No Net Cost Tobacco Fund and Account provisions. Title IV: Permanent Sale, Retirement, and Distribution of Tobacco Quota - Makes specified amounts from the Fund available each fiscal year for voluntary tobacco quota retirement contracts. Directs the Secretary to enter into such contracts. Sets forth contract and within-county redistribution provisions. Title V: Agricultural Market Transition Assistance - Directs the Secretary to make payments for lost tobacco quota (based on 1995 through 1997 marketing years) to eligible quota holders, lessees, tenants, and tobacco warehousemen. Sets forth provisions regarding: (1) quota determination and payment; (2) effect of quota or ownership changes; (3) payment acceleration and source; and (4) cost-of-living adjustment. Title VI: Community, Farmer, and Worker Transition Assistance - Directs the Secretary to make grants to States for economic development assistance to tobacco-growing communities, including: (1) rural business development; (2) down payment loan assistance; (3) farm and off-farm employment; (4) infrastructure, facilities, and services expansion; (5) alternative crop development; and (6) technical assistance. (Sec. 602) Provides for: (1) a tobacco worker transition program; (2) farmer education opportunity grants; and (3) research grants for alternative uses of tobacco production and processing equipment. Title VII: Tax Treatment for Payments for Lost Tobacco Quota - Amends the Internal Revenue Code to exclude lost tobacco quota payments from gross income. Reduces farm property basis by amounts so excluded. Title VIII: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation.
Record· NominationPN935 (105th)open
United States · United States Senate · 24 February 1998
Law· HRH.R. 3226 (105th)enacted
United States · United States Congress · 12 February 1998
Authorizes the Secretary of Agriculture to convey certain lands in Virginia for other lands or, if amounts are received through sale, to deposit receipts in a specified fund to be used for acquisition of lands in Virginia and acquisition or construction of administrative improvements in the George Washington and Jefferson National Forests.
Bill· HRH.R. 3187 (105th)open
United States · United States Congress · 11 February 1998
Amends the Federal Land Policy and Management Act of 1976 to prohibit the Secretary of the Interior, with respect to public lands, or the Secretary of Agriculture, with respect to national forest system lands, from imposing liability without fault for fire suppression costs incurred by the United States with respect to a right-of-way if the right-of-way holder is a not-for-profit entity, including one that uses such right-of-way for electricity delivery to parties having an equity interest in the not-for-profit entity.
Resolution· HCONRESH.Con.Res. 213 (105th)referred
United States · United States Congress · 11 February 1998
Expresses the sense of the Congress that: (1) the European Union unfairly restricts the importation of U.S. agricultural products; (2) the elimination of such restrictions should be a top priority of any current or future trade negotiations between the United States and the European Union; and (3) the U.S. Trade Representative should not engage in any trade negotiations with the European Union that undermines U.S. ability to achieve such elimination.
Resolution· SCONRESS.Con.Res. 73 (105th)referred
United States · United States Congress · 10 February 1998
Expresses the sense of the Congress that: (1) the European Union unfairly restricts the importation of U.S. agricultural products; (2) the elimination of such restrictions should be a top priority of any current or future trade negotiations between the United States and the European Union; and (3) the U.S. Trade Representative should not engage in any trade negotiations with the European Union that undermine U.S. ability to achieve such elimination.
Bill· SS. 1597 (105th)referred
United States · United States Congress · 3 February 1998
Safe Food Action Plan Act - Directs the Secretary of Agriculture to: (1) establish food safety research, education, and extension as a priority within the Department of Agriculture; and (2) designate a Food Safety Rapid Response Team within the Department. Amends the Federal Agriculture Improvement and Reform Act of 1996 to emphasize food safety within the Fund for Rural America. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness. Authorizes related contracts, grants, and cooperative agreements. Authorizes the Secretary to enter into cooperative agreements for the development and commercialization of food safety technology.
Bill· HRH.R. 3150 (105th)open
United States · United States Congress · 3 February 1998
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Provisions Subtitle A: Needs-Based Bankruptcy Subtitle B: Adequate Protections for Consumers Subtitle C: Adequate Protections for Secured Lenders Subtitle D: Adequate Protections for Unsecured Lenders Subtitle E: Adequate Protections for Lessors Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers Subtitle G: Exemptions Title II: Business Bankruptcy Provisions Subtitle A: General Provisions Subtitle B: Specific Provisions Title III: Municipal Bankruptcy Provisions Title IV: Bankruptcy Administration Subtitle A: General Provisions Subtitle B: Data Provisions Title V: Tax Provisions Title VI: Miscellaneous Bankruptcy Reform Act of 1998 - Title I: Consumer Bankruptcy Provisions - Subtitle A: Needs-Based Bankruptcy - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy under chapter 7 (Liquidation), if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) States that a debtor's monthly net income shall be determined by taking the current monthly total income minus: (1) expense allowances under specified "Necessary Expenses"; (2) the average monthly payment on account of secured creditors; and (3) the average monthly payment on account of priority creditors. Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Revises dismissal guidelines to: (1) permit a motion to dismiss by a party in interest; and (2) convert a case from chapter 7 to chapter 13 (Adjustment of Debts of an Individual with Regular Income) with the debtor's consent, if the court finds that granting relief would be an inappropriate use of chapter 7. States that the court shall determine that an inappropriate use of chapter 7 exists if: (1) the debtor is excluded from chapter 7 by the bankruptcy code; or (2) the totality of the circumstances of the debtor's financial situation demonstrates such inappropriate use. Subtitle B: Adequate Protections for Consumers - Requires notice to a consumer debtor before a case commences of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 112) Instructs the Director of the Executive Office for United States Trustees to: (1) develop a financial management training curriculum and materials for debtors to educate them on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's effectiveness. (Sec. 114) Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 115) Sets forth a debtor's bill of rights which such an agency must observe. (Sec. 116) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. Subtitle C: Adequate Protections for Secured Lenders - Terminates the automatic stay 30 days after filing of a petition if a chapter 7 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 123) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 124) Declares that the automatic stay is terminated regarding property of the bankrupt estate securing a claim or subject to an unexpired lease if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame. (Sec. 125) Instructs the bankruptcy court to confirm a chapter 13 bankruptcy plan if it provides that the holder of a secured allowed claim retains the attendant lien until payment or discharge of all debts. Provides that, if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder retains such lien to the extent recognized by applicable nonbankruptcy law. (Sec. 126) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. (Sec. 127) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. (Sec. 128) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 129) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 130) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. Subtitle D: Adequate Protections for Unsecured Lenders - Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 142) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 143) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 144) Revises requirements governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 145) Declares nondischargeable in bankruptcy any debt obtained: (1) through the use of credit cards or other device to access a credit line without a reasonable expectation or ability to repay; or (2) by use of a written statement the debtor caused to be made or published without taking reasonable steps to ensure its accuracy. Subtitle E: Adequate Protection for Lessors - Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 162) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 163) Repeals the limitation to nonresidential real property (thus applying to all real property, including residential) the exception to the automatic stay for any act by a lessor to the debtor to obtain possession of real property under a lease that has terminated by the expiration of its stated term before the commencement of or during a bankruptcy case. Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers - Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Subtitle G: Exemptions - Increases from 180 to 365 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. Title II: Business Bankruptcy Provisions - Subtitle A: General Provisions - Prohibits the bankruptcy court from appointing any person to examine any request for compensation or reimbursement to bankruptcy officers. (Sec. 202) Exempts from the proscription against fee splitting any sharing of compensation with a bona fide public service attorney referral program operating in accordance with non-Federal law regulating attorney referral services and with rules of professional responsibility applicable to attorney acceptance of referrals. (Sec. 203) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal its repeal of Chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income), thus permanently extending chapter 12 bankruptcy protection for family farmers. (Sec. 204) Authorizes the bankruptcy court, upon request of a party in interest, to: (1) order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case; and (2) order a change in the membership of such a committee to ensure adequate representation of creditors or equity security holders. (Sec. 206) States that acceptance or rejection of a chapter 11 (business reorganization) plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 208) Amends the Federal judicial code to state that a bankruptcy trustee may commence a proceeding or a case related to a bankruptcy case to recover a nonconsumer debt against a noninsider of less than $10,000. (Sec. 209) Extends from 60 days to 120 days the period in which the bankruptcy trustee may assume or reject unexpired leases of nonresidential real property under which the debtor is the lessee. Prohibits the bankruptcy court from extending such period beyond the date the plan is confirmed. Subtitle B: Specific Provisions - Chapter 1: Small Business Bankruptcy - Prescribes guidelines for small business reorganization plans and attendant disclosure statements. (Sec. 233) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States to propose for adoption: (1) standard form disclosure statements and plans of reorganization for small business debtors; and (2) amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms for such debtors. (Sec. 234) Sets forth the duties, reporting requirements, and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. Chapter 2: Single Asset Real Estate - Sets forth the parameters for plan confirmation for a debtor holding single asset real estate. Title III: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title IV: Bankruptcy Administration - Subtitle A: General Provisions - Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 404) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 405) Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 407) Expands debtor's duties to require filing with the bankruptcy court: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules, and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 408) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 409) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. (Sec. 410) Revises the current three-to-five-year length of a payment plan to set a maximum five year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. Reserves the current three-to-five-year payment period to cases involving debtors (or in a joint case, an individual and spouse combined) with a current monthly total income of less than 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Revises the maximum duration for a plan modified after confirmation. (Sec. 411) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 412) Amends the Federal judicial code to confer upon the courts of appeals appellate jurisdiction pertaining to designated bankruptcy appeals. Subtitle B: Data Provisions - Modifies the organization of bankruptcy courts to require the Director of the Executive Office for United States Trustees to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 442) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 443) Expresses the sense of the Congress that the national policy should be that: (1) all data held in electronic form by bankruptcy clerks should be released in electronic form to the public on demand; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title V: Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 502) Provides that property that is exempt from the estate in bankruptcy is liable for specified debts, including taxes, customs duties, and child and spousal support and maintenance. (Sec. 503) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 505) Prescribes the rate of interest to which the holder of a claim for taxes arising before the order for relief is entitled, if such holder is also entitled to receive interest on such claim. (Sec. 506) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case and the pendency or effect of offers in compromise or installment agreements. (Sec. 509) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 510) Amends the automatic stay of United States Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability. (Sec. 511) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make deferred cash payments in quarterly installments designed to pay at least 15 percent of such claims in each of the first five years, and no more than 20 percent of the claims in the final year of the plan. (Sec. 512) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 513) Amends the Federal judicial code to require officers and agents conducting business under court authority to pay all Federal, State, and local taxes when due in the course of the bankrupt business, unless it is a property tax secured by a lien against property of the estate which is abandoned by the bankruptcy trustee. Allows for the payment from a debtor's estate of property taxes for which liability is in rem, in personam, or both (ad valorem taxes). States that a governmental unit shall not be reuired to file a request for payment of such administrative expense taxes. (Sec. 514) Requires as a condition for payment of tardily filed priority tax claims that they be filed before the date on which the court approves the trustee's final report and accounting (currently, before the trustee commences distribution of the estate). (Sec. 516) Declares that an estate's liability for unpaid taxes is discharged upon payment of such tax according to certain requirements. (Sec. 517) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the six-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan, or to convert the case to a case under chapter 7, if a chapter 13 debtor fails to comply with such timeframe. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax claims and to plan confirmation. (Sec. 518) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor typical of the holders of claims or interests in the case. (Sec. 519) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. Title VI: Miscellaneous - Sets forth technical amendments to reflect the changes made by this Act.
Bill· HRH.R. 3148 (105th)open
United States · United States Congress · 3 February 1998
Safe Food Action Plan Act - Directs the Secretary of Agriculture to: (1) establish food safety research, education, and extension as a priority within the Department of Agriculture; and (2) designate a Food Safety Rapid Response Team within the Department. (Sec. 5) Amends the Federal Agriculture Improvement and Reform Act of 1996 to emphasize food safety within the Fund for Rural America. (Sec. 6) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness. Authorizes related contracts, grants, and cooperative agreements. (Sec. 7) Authorizes the Secretary to enter into cooperative agreements for the development and commercialization of food safety technology.
Bill· HRH.R. 3142 (105th)referred
United States · United States Congress · 3 February 1998
Amends the Second Morrill Act to provide that funds for the land grant college of American Samoa shall not be subject to annual appropriations by the legislature of American Samoa.
Bill· SS. 1582 (105th)referred
United States · United States Congress · 28 January 1998
TABLE OF CONTENTS: Title I: Tobacco Community Revitalization Trust Fund Title II: Tobacco Market Transition Assistance Title III: Establishment of Private Tobacco Production Adjustment and Quality Assurance Programs Tobacco Market Transition Act - Title I: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund which shall make expenditures available for specified compensation, transition, and related assistance to tobacco producers. Authorizes appropriations (as repayable advances). Title II: Tobacco Market Transition Assistance - Directs the Tobacco Production Control Corporation (established by this Act) to temporarily: (1) compensate eligible quota tobacco holders for loss of tobacco quota asset value; and (2) make transition payments to eligible active tobacco producers. Sets forth payment provisions. (Sec. 203) Directs the Secretary of Agriculture to: (1) forgive specified loans to tobacco loan associations; and (2) transfer to such associations appropriate loan inventory titles and no net cost tobacco funds. (Sec. 204) Directs the Corporation to provide grants to eligible political subdivisions for tobacco community economic development activities. (Sec. 205) Amends the Internal Revenue Code to treat amounts received for loss of quota asset value as long-term capital gain income and active producer transition payments as regular income unless: (1) used for qualified debt repayment; or (2) transferred to a tobacco farmer individual retirement account (as provided for by this Act). Title III: Establishment of Private Tobacco Production Adjustment and Quality Assurance Program - Establishes the Tobacco Production Control Corporation which shall: (1) establish a licensing system for tobacco production and marketing; and (2) enter into agreements with tobacco loan associations to administer licensing, price support, and marketing activities. (Sec. 303) Sets forth tobacco price support levels and penalty provisions.
Bill· SS. 1581 (105th)referred
United States · United States Congress · 28 January 1998
TABLE OF CONTENTS: Title I: School Lunch and Related Programs Title II: School Breakfast and Related Programs Child Nutrition Reauthorization Act of 1998 - Title I: School Lunch and Related Programs - Amends the National School Lunch Act to extend through FY 2003 various programs and authorizations of appropriations, including those for: (1) grants to integrate food and nutrition projects with elementary school curricula; (2) the summer food service program for children; (3) the commodity distribution program; (4) the child and adult care food program; (5) pilot projects; (6) training, technical assistance, and the food service management institute; (7) compliance and accountability; (8) an information clearinghouse; and (9) guidance and grants for accommodating special dietary needs of children with disabilities. Title II: School Breakfast and Related Programs - Amends the Child Nutrition Act of 1966 to extend through FY 2003 various programs and authorizations of appropriations, including those for: (1) State administrative expenses; (2) the special supplemental nutrition program for women, infants, and children (WIC); and (3) nutrition education and training.
Bill· HRH.R. 3132 (105th)open
United States · United States Congress · 28 January 1998
Safe Food Act of 1998 - Directs the Secretary of Agriculture to: (1) establish food safety research, education, and extension as a priority within the Department of Agriculture; and (2) designate a Food Safety Rapid Response Team within the Department. (Sec. 5) Amends the Federal Agriculture Improvement and Reform Act of 1996 to emphasize food safety within the Fund for Rural America. (Sec. 6) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness. Authorizes related contracts, grants, and cooperative agreements. (Sec. 7) Authorizes the Secretary to enter into cooperative agreements for the development and commercialization of food safety technology.