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Bill· SS. 492 (106th)open
United States · United States Congress · 2 March 1999
Chesapeake Bay Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to: (1) continue the Chesapeake Bay Program; and (2) maintain a Program Office to provide specified support to the Chesapeake Executive Council. Authorizes the Administrator to provide technical assistance and assistance grants to nonprofit private organizations and individuals, State and local governments, colleges and universities, and interstate agencies to carry out the Program. Provides the Federal and non-Federal share of various Program costs. Provides for Chesapeake Bay Agreement (an agreement among signatory members to restore and protect the Bay's ecosystem) implementation and monitoring grants, with specified Federal and non-Federal shares. Directs the Administrator to make public a document describing in detail projects funded for the current and previous years. Requires any Federal agency that owns or operates a facility within the Bay watershed to: (1) participate in regional and subwatershed planning and restoration programs; and (2) report to the President and the Council on expenditures to carry out such programs. Requires the Administrator to: (1) ensure that management plans are developed and that implementation is begun by signatories to the Agreement for the Bay tributaries to achieve specified water nutrient and quality goals and habitat restoration and protection; and (2) offer technical assistance and assistance grants for a small watershed grants program within the Bay. Directs the Administrator to study and report to the Congress on the state of the Chesapeake Bay ecosystem and on Program goals, effects, and strategies. Requires a five-year study to establish and expand understanding of Bay ecosystem living resources response to water quality improvements resulting from the Program. Authorizes appropriations for FY 2000 through 2005.
Bill· SS. 505 (106th)open
United States · United States Congress · 2 March 1999
Gifted and Talented Students Education Act of 1999 - Authorizes the Secretary of Education to make grants to States for use by public schools to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) direct services and materials for gifted and talented students, through revised curricula, acceleration, independent study, dual enrollment or other strategies; (4) innovative approaches and curricula; and (4) emerging technologies, including distance learning. Allows States to use a limited portion of such grant funds for information, education, and support to parents and caregivers for their participation in deciding on educational programs for their gifted and talented children. Sets forth requirements for grant applications, allotment to States, and reporting. Authorizes appropriations.
Bill· SS. 491 (106th)referred
United States · United States Congress · 2 March 1999
Education for the 21st Century (e-21) Act - Establishes assistance programs for middle school computer literacy and for high-quality educational software for all schools. (Sec. 4) Authorizes the Secretary of Education to award grants to States that integrate into the State curriculum the goal of making all middle school graduates in the State technology literate. Requires such grants to be used for teacher training in technology, with an emphasis on programs that prepare one or more teachers in each middle school in the State to become technology leaders who then serve as experts and train other teachers. Directs States to encourage schools that receive such assistance to provide matching funds. Authorizes appropriations. (Sec. 5) Authorizes the Secretary to award competitive grants to secondary school and college students working with university faculty, software developers, and experts in educational technology for the development of high-quality educational software and Internet web sites by such students, faculty, developers, and experts. Directs the Secretary to: (1) recognize outstanding educational software and Internet web sites developed with such assistance that focus on core curriculum areas; and (2) issue certificates to each student and faculty member who develops such recognized software or sites. Requires grant award priority to be given for developing such software or sites in the following core curriculum areas: (1) for the first year of awards, in mathematics, science, and reading; and (2) for the second and third years of awards, again in mathematics, science, and reading, but also in social studies, the humanities, and the arts. Requires: (1) such recognized educational software to be made available to local educational agencies for free downloading from the Department of Education's Internet web site; and (2) such recognized Internet web sites to be accessible to any World Wide Web user. Authorizes appropriations.
Bill· SS. 512 (106th)referred
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.
Bill· HRH.R. 935 (106th)open
United States · United States Congress · 2 March 1999
Family Education Freedom Act of 1999 - Amends the Internal Revenue Code to allow a tax credit of up to $3,000 per student per year for the cost of attendance at any educational institution (including any private, parochial, religious, or home school) organized to provide elementary or secondary education (or both).
Bill· HRH.R. 936 (106th)open
United States · United States Congress · 2 March 1999
Education Improvement Tax Cut Act - Amends the Internal Revenue Code to: (1) allow a credit (of up to $3,000) against income tax for qualified scholarship contributions; and (2) allow a credit (of up to $3,000) against income tax for qualified school materials contributions.
Bill· HRH.R. 905 (106th)open
United States · United States Congress · 2 March 1999
Missing, Exploited, and Runaway Children Protection Act - Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to annually make a grant to the National Center for Missing and Exploited Children, which shall be used to: (1) operate a national 24-hour toll-free telephone line by which individuals may report information regarding the location of any missing child, or other child age 13 or younger whose whereabouts are unknown to such child's legal custodian, and request information pertaining to procedures necessary to reunite such child with the child's legal custodian; (2) coordinate the operation of such telephone line with the operation of the national communications system referred to in the Runaway and Homeless Youth Act; (3) operate the official national resource center and information clearinghouse for missing and exploited children; (4) provide to State and local governments, public and private nonprofit agencies, and individuals information regarding free or low-cost legal, restaurant, lodging and transportation services that are available for the benefit of missing and exploited children and their families and the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; (5) coordinate public and private programs that locate, recover, or reunite missing children with their families; (6) disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children; (7) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; and (8) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and internationally. Authorizes appropriations through FY 2004. Requires the Administrator, either by making grants to or entering into contracts with public or nonprofit private agencies, to: (1) periodically conduct national incidence studies to determine for a given year the actual number of children reported missing each year, abducted by strangers, kidnaped by parents, and recovered each year; and (2) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children. Authorizes the Administrator to make grants to and enter contracts with the Center for specified purposes, such as for research, demonstration projects, or service programs designed to assist in the location and return of missing children. (Currently, such grants or contracts may be made with only public or nonprofit private organizations, or combinations thereof.) Authorizes appropriations through FY 2004. Repeals requirements regarding a study to determine the obstacles that prevent or impede individuals who have legal custody of children from recovering such children from parents who have illegally removed such children from such individuals, and regarding a report on such study. (Sec. 3) Amends the Runaway and Homeless Youth Act (the Act) to: (1) include findings that it is the responsibility of the Federal Government to assist in the development of an accurate national reporting system on runaway and homeless youth and that services for such youth are needed in urban, suburban, and rural areas; (2) authorize the Secretary of Health and Human Services to make grants to public and nonprofit private entities to establish and operate local centers to provide services for such youth and their families; (3) require a grant applicant, to be eligible for assistance, to include assurances that the applicant shall submit an annual report that includes, with respect to the year for which the report is submitted, statistical summaries describing the number and the characteristics of such youth and youth at risk of family separation who participated in the project and the services provided to such youth by the project; and (4) modify the services that applicants must plan to provide in order to use grant money for street-based, home-based, and drug abuse education and prevention services. Revises Act provisions regarding: (1) approval of applications to direct the Secretary to consider the geographical distribution in the State of the proposed services and which areas of the State have the greatest need for such services, and to give priority to eligible applicants who have demonstrated experience in providing services to runaway and homeless youth and who request grants of less than $200,000; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; (3) eligibility for assistance by stating that the annual report submitted by grant applicants to the Secretary must include statistical summaries describing the number and characteristics of the services provided to the homeless youth; (4) coordination by the Secretary of the activities of the Department of Health and Human Services with respect to matters relating to the health, education, employment, and housing of runaway and homeless youth; and (5) authority to make grants for research, demonstration, and service projects to repeal references to home-based and street based services from the research and demonstration projects. Repeals provisions of the Act directing that assistance to potential grantees include information on the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved. Amends the Act to require the Secretary, by April 1, 1999, and biennially thereafter, to submit to specified congressional committees a report on the status, activities, and accomplishments of entities that receive grants under the Act. Lists information that must be included in the report. Requires the Secretary to include summaries of the Secretary's evaluations of grantees and descriptions of the qualifications and training of the individuals administering the evaluations. Modifies the Act to authorize the disclosure or transfer of records containing the identity of individual youths to an individual or public or private agency for purposes of the disposition of criminal or delinquency charges against, or the coordinated delivery of services to, individual youths. Authorizes appropriations under such Act through FY 2004. Sets forth the division of appropriations among the programs. Authorizes the Secretary to make grants to nonprofit private agencies to provide street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation. Directs the Secretary to give priority to nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth. Authorizes appropriations for FY 1999 through 2004. Grants the Secretary authority to implement a single consolidated application review process.
Bill· HRH.R. 893 (106th)referred
United States · United States Congress · 2 March 1999
Voluntary Basic Educational Skills Testing Act - Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. (Sec. 3) Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. (Sec. 4) Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. (Sec. 5) Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. (Sec. 6) Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. (Sec. 7) Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. (Sec. 8) Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.
Bill· HRH.R. 923 (106th)referred
United States · United States Congress · 2 March 1999
National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum, to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans. Authorizes the Board of Regents of the Smithsonian Institution to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum. Establishes a Board of Trustees of the Museum in the Smithsonian Institution. Directs the Secretary of the Smithsonian Institution to appoint a Director to manage the Museum. Authorizes appropriations.
Bill· HRH.R. 922 (106th)referred
United States · United States Congress · 2 March 1999
Education IRA Plus Act of 1999 - Amends the education individual retirement account provisions of the Internal Revenue Code to define the "contribution limit" as: (1) $1,000 beginning in taxable year 2000; (2) $1,500 beginning in taxable year 2001; and (3) $2,000 beginning in taxable year 2001.
Bill· HRH.R. 901 (106th)referred
United States · United States Congress · 2 March 1999
Polish-American Promise Act of 1999 - Amends the Support for East European Democracy (SEED) Act of 1989 to direct the President to designate a private, nonprofit organization located in Poland to receive amounts from the Polish-American Enterprise Fund upon its termination to be used by such organization to: (1) establish and carry out a program to support efforts in Poland to consolidate democracy and further enhance the free market economy, including the dissemination of information about Poland's success with respect to democracy and the free market economy to its regional neighbors (including Russia, Ukraine, and Belarus); and (2) be used to improve medical care, improve environmental protection, improve education, and ensure respect for human rights in Poland.
Bill· HRH.R. 892 (106th)referred
United States · United States Congress · 2 March 1999
TABLE OF CONTENTS: Title I: Educational Facilities Improvement Title II: Scholarships Title III: A+ Accounts for Public and Private Schools Renewing America's Schools Act - Title I: Educational Facilities Improvement - Amends the Elementary and Secondary Education Act of 1965 (ESEA) title XII (School Facilities Infrastructure Improvement) to establish an educational facilities construction and renovation bond subsidy program. (Sec. 101) Directs the Secretary of Education to use such bond subsidy program funds to pay up to 50 percent, according to a sliding scale based on need, of the interest costs applicable to any State or local bond for construction or renovation of educational facilities in local areas. Provides for: (1) mandatory direct grants to local bond authorities for up to 100 local areas with the highest numbers of school age children whose families do not exceed 100 percent of the poverty line (plus an optional 25 additional local areas with extraordinary construction or renovation needs); and (2) mandatory grants to States for State or local bond authority assistance for local areas according to a specified formula. Authorizes reservation of specified amounts for Indian schools, schools in U.S. territories, and certain studies, evaluations, and reports. Sets forth requirements for authorized activities, waivers (in order to increase assistance), fair wages, and reports. Authorizes appropriations for FY 2000. Title II: Scholarships - Amends ESEA title VI (Innovative Education Program Strategies) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title VI allotment for use exclusively for such parental choice programs. (Sec. 202) Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. (Sec. 203) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Title III: A+ Accounts for Public and Private Schools - A+ Accounts for Public and Private Schools Act - Amends the Internal Revenue Code to permit tax-free expenditures from education individual retirement accounts for elementary and secondary education expenses (including tuition, special needs services, home schooling expenses, and transportation expenses) required for attendance at a public, private, or religious school, or for home schooling that meets State or local requirements. (Sec. 302) Provides for a temporary increase, from $500 to $2,500, through December 31, 2003, for the maximum annual contribution to such an account. Waives certain age limitations in cases of children with special needs. Permits corporations to contribute to such accounts.
Resolution· HRESH.Res. 88 (106th)passed
United States · United States Congress · 2 March 1999
Designates majority membership on the House Committee on Education and the Workforce and the House Committee on Transportation and Infrastructure.
Bill· HRH.R. 7 (106th)open
United States · United States Congress · 1 March 1999
Education Savings and School Excellence Act of 1999 - Amends the Internal Revenue Code with respect to educational individual retirement accounts (IRAs) to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses; (2) increase the annual contribution limit; (3) waive the beneficiary age limitation for contributions on behalf of special needs beneficiaries; and (4) permit corporate contributions. (Sec. 3) Excludes from a beneficiary's gross income distributions from qualified State tuition programs (or from certain prepaid tuition programs established by educational institutions), except to the extent that they exceed qualified higher education expenses. Expands the definition of such expenses. Denies allowance of any other deduction or credit for any qualified education expenses taken into account in determining exclusion from gross income of education IRA distributions. Defines "excess contributions" with respect to private qualified tuition programs. (Sec. 4) Makes permanent the exclusion from employee gross income of employer-provided educational assistance. (Sec. 5) Increases the amount by which certain governmental bonds used to finance public school capital expenditures may be exempted from specified arbitrage bond provisions. (Sec. 6) Excludes from gross income certain amounts received under the National Health Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance Program.
Bill· SS. 475 (106th)referred
United States · United States Congress · 25 February 1999
Amends the Higher Education Act of 1965 (HEA) to increase the amount of student loan forgiveness for teachers under Federal Family Education Loan and Direct Loan programs. Prohibits any borrower from receiving double benefits, for the same teaching or other service, from student loan forgiveness under both HEA and the National and Community Service Act of 1990.
Bill· SS. 473 (106th)referred
United States · United States Congress · 25 February 1999
Make College Affordable Act of 1999 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Limits such deduction based on modified adjusted gross income.
Bill· SS. 476 (106th)referred
United States · United States Congress · 25 February 1999
TABLE OF CONTENTS: Title I: Restrictions on Loans from Qualified Retirement Plans Title II: Promotion of Availability of Private Pensions Upon Retirement Title III: Group Health Plans Title IV: Application of Certain Prohibited Transactions Rules for 401(K) Plans Title V: Retirement Savings and Security Subtitle A: Portability Subtitle B: Enhanced Security Title VI: Expanded Individual Retirement Accounts to Increase Coverage and Portability Subtitle A: Retirement Savings Incentives Subtitle B: Distributions and Investments Comprehensive Pension and Retirement Security Act of 1999 - Title I: Restrictions on Loans From Qualified Retirement Plans - Amends the Internal Revenue Code (IRC) to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 102) Treats loans from qualified employer plans as distributions unless they are used to purchase a first home, to pay higher education or financially devastating medical expenses, or during periods of unemployment. Title II: Promotion of Availability of Private Pensions Upon Retirement - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the IRC to require the availability of a defined contribution plan option (in lieu of the defined benefit plan) for participants in defined benefit plans to which an employer makes contributions. (Sec. 202) Amends ERISA to require fiduciaries to make timely investments of plan contributions. (Sec. 203) Amends the IRC to increase the additional tax penalty for early distributions from pension plans. Title III: Group Health Plans - Amends ERISA and the IRC to require advance notice of material reductions in covered services under group health plans. Title IV: Application of Certain Prohibited Transactions Rules for 401(K) Plans - Amends ERISA to provide for the application of certain prohibited transactions rules to IRC section 401(k) plans. Title V: Retirement Savings and Security - A: Portability - Directs the Pension Benefit Guaranty Corporation (PBGC) to prescribe specified rules relating to missing participants for multiemployer plans that terminate under certain ERISA provisions. Subtitle B: Enhanced Security - Chapter 1: General Provisions - Revises certain formulas for determining payments with respect to benefits guarantees (increasing the guaranteed amounts) under certain insolvent multiemployer plans. (Sec. 512) Directs the Secretary of Labor, as chairman of the PBGC board, to send a reversion report to the President and Congress on plans from which residual assets were distributed to employers. (Sec. 513) Sets forth a full funding limitation for multiemployer plans under ERISA. (Sec. 514) Increases maximum civil penalties for certain prohibited transactions under ERISA. (Sec. 515) Modifies the phase-in of guarantee and the allocation of assets under ERISA provisions relating to substantial owner benefits. Chapter 2: ERISA Enforcement - Pension Audit Improvement Act of 1999 - Repeals the mandate for limited scope audits. (Sec. 523) Establishes certain reporting and enforcement requirements for employee benefit plans. Requires a plan administrator to notify the Secretary of Labor, within five business days, of: (1) irregularities that may have occurred with respect to the plan; and (2) the termination of the plan's accountant. Requires plan accountants to notify the Secretary of: (1) such irregularities, if the administrator does not do so; and (2) any disagreements they may have with the reasons given by the administrator for their termination. Sets forth civil penalties for violations of such requirements. (Sec. 524) Sets forth additional requirements for qualified public accountants for plans under ERISA. (Sec. 525) Revises ERISA provisions for fiduciary penalties to: (1) make discretionary the imposition and amount of civil penalties for breach of fiduciary responsibility; and (2) provide for the applicable recovery amount and other rules. Title VI: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subtitle A: Retirement Savings Incentives - Amends the IRC with respect to deductions from gross income for contributions to individual retirement accounts (IRAs) and retirement savings to: (1) increase the applicable dollar amount component in the formulas for certain income limitations, and phase out certain limitations; and (2) require coordination of the IRA deduction limit with the elective deferral limit. Subtitle B: Distributions and Investments - Allows the use of distributions from IRAs without additional tax: (1) to pay financially devastating medical expenses (treats certain lineal descendants and ancestors as dependents, and treats long-term care services as medical care); or (2) by the unemployed. (Sec. 612) Requires IRA contributions to be held at least five years in certain cases.
Bill· HRH.R. 875 (106th)referred
United States · United States Congress · 25 February 1999
Urban Asthma Reduction Act of 1999 - Amends the Public Health Service Act to authorize States to use preventive health and health services block grant funds to establish, operate, and coordinate effective and cost-efficient systems to reduce the prevalence of asthma and asthma-related illnesses among urban populations, especially children, by reducing the level of exposure to cockroach allergen in public facilities through integrated pest management that minimizes or avoids the use of pesticide chemicals. Specifies among activities eligible for such funds: (1) structural rehabilitation of housing, public schools, and other public facilities to reduce cockroach infestation; (2) building maintenance; and (3) programs to promote community participation in carrying out integrated pest management at such sites.
Bill· HRH.R. 876 (106th)open
United States · United States Congress · 25 February 1999
Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins. Exempts certain retirement account distributions (first homes, higher education expenses, unemployment, and medical) from the early distribution penalty.
Bill· HRH.R. 856 (106th)referred
United States · United States Congress · 25 February 1999
Amends the Internal Revenue Code to increase, up to a maximum of $5,000 for taxable years 2002 and thereafter, the deduction allowed for interest on education loans. Sets forth revenue offset provisions.
Bill· SS. 455 (106th)referred
United States · United States Congress · 24 February 1999
Nursing Relief for Disadvantaged Areas Act of 1999 - Amends the Immigration and Nationality Act to establish a four-year nonimmigrant (H-1C visa) classification for nonimmigrant registered nurses in health professional shortage areas. Requires that an alien: (1) have a full foreign nursing license or has received U.S. nursing education; (2) have passed an appropriate examination or is a licensed nurse in the State of intended employment; and (3) be fully eligible to begin work in the petitioning facility. Requires the facility to file an employment attestation with the Department of Labor with respect to such alien (or aliens) evidencing that: (1) similarly employed nurse's wages and conditions will not be adversely affected; (2) the alien's wages will be the same as other similarly employed nurses; (3) steps are being taken to recruit U.S. nurses (as set forth by this Act); (4) no labor dispute is involved; (5) no more than one-third of the facility's registered nurses will be H-1C aliens; and (6) employment will not be performed at a facility other than the petitioning facility. Directs the Secretary of Labor to: (1) compile a public list of petitioning facilities; (2) establish a process for complaint receipt, investigation, and disposition (including civil monetary penalties) against a noncomplying facility; and (3) impose an attestation filing fee of up to $250. Limits: (1) aggregate fiscal year H-1C entrants to 500; and (2) fiscal year entrants in any one State to 25 and 50 in States with less or more than nine million inhabitants, respectively. Defines "facility" as a hospital: (1) in a health shortage area; (2) with at least 190 acute care beds; and (3) with at least 35 percent and 28 percent of its patients being Medicare and Medicaid patients, respectively. Repeals the nonimmigrant nursing program (H-1A visa). (Sec. 3) Directs the Secretary and the Secretary of Health and Human Services to recommend: (1) an alternative to the H-1C program as a permanent remedy to the registered nurse shortage; and (2) a more effective program enforcement system. (Sec. 4) Amends the Immigration and Nationality Act to exempt certain nurses and physical therapists from foreign health care worker certification requirements.
Bill· SS. 463 (106th)referred
United States · United States Congress · 24 February 1999
TABLE OF CONTENTS: Title I: Designation Of and Tax Incentives for Renewal Communities Title II: Additional Provisions American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to five qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 104) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. (Sec. 105) Sets forth reporting requirements. (Sec. 106) Directs the Director of the Office of Management and Budget not to make any estimates of changes in receipts under the pay-as-you-go estimate provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 resulting from the enactment of this Act. Title II: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (202) Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 203) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
Bill· SS. 465 (106th)referred
United States · United States Congress · 24 February 1999
Mental Health Juvenile Justice Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to State and local juvenile justice agencies in collaboration with State and local mental health agencies for training the officers and employees of the State juvenile justice system regarding appropriate access to mental health and substance abuse treatment programs and services in the State for juveniles who come into contact with the State juvenile justice system who have mental health or substance abuse problems. Authorizes a State or local juvenile justice agency that receives such a grant to use it for providing: (1) cross-training, jointly with the public mental health system, for State juvenile court judges, public defenders, and mental health and substance abuse agency representatives regarding the appropriate use of effective, community-based alternatives to juvenile justice or mental health system institutional placements; or (2) training for State juvenile probation officers and community mental health and substance abuse program representatives on appropriate linkages between probation programs and mental health community programs. Authorizes appropriations. (Sec. 3) Amends the Act to direct the Attorney General and the Secretary of Health and Human Services to make grants to partnerships between State and local or county juvenile justice agencies and State and local mental health authorities for the establishment and implementation of programs that address the service needs of juveniles who come into contact with the justice system and who have mental health or substance abuse problems. Sets forth requirements regarding appropriate diversion from incarceration, screening and assessment, treatment of such juveniles, correctional facility policies and procedures (and staff training and annual certification) on suicide prevention, classification of juveniles, confidentiality of records, State recordkeeping and mandatory State reporting to the Department of Justice regarding mental health and substance abuse disorders, staff ratios for correctional facilities, guidelines on the use of force, and requirements under the Individuals with Disabilities Education Act and Rehabilitation Act of 1973. Directs the Secretary of Health and Human Services to: (1) make grants to systems established under the Developmental Disabilities Assistance and Bill of Rights Act to monitor the mental health and special education services provided by grantees to juveniles and to advocate on behalf of juveniles; and (2) reserve no less than three percent of appropriated funds for such purposes. Authorizes appropriations. Allocates 35 percent for diversion programs and 65 percent for treatment programs. Directs the Attorney General and the Secretary to give preference in treatment to partnerships that integrate treatment programs to serve juveniles with co-occurring mental health and substance abuse disorders. Authorizes waivers of treatment requirements. Sets forth grant application requirements. (Sec. 4) Amends the Public Health Service Act to direct the Attorney General and the Secretary to award competitive grants to eligible entities for programs that address the service needs of juveniles, and juveniles with serious mental illnesses, by requiring the State or local juvenile justice system, the mental health system, and the substance abuse treatment system to work collaboratively to ensure: (1) the appropriate diversion of such juveniles and juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration and for those juveniles on probation or parole; and (3) the provision of followup services for juveniles who are discharged from the juvenile justice system. Sets forth requirements regarding eligibility of entities, use of funds, and areas served by projects. Makes specified funds available. (Sec. 5) Directs the Secretary to award grants and contracts for the establishment of four research, training, and technical assistance centers. Authorizes appropriations. (Sec. 6) Establishes a Federal Coordinating Council on Criminalization of Juveniles With Mental Disorders. (Sec. 7) Amends: (1) the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for funds under the violent offender incarceration and truth-in-sentencing grants program, to have (by January 1, 2001) a program of mental health screening and treatment for appropriate categories of juvenile and other offenders during periods of incarceration and juvenile and criminal justice supervision, that is consistent with guidelines issued by the Attorney General; and (2) make Federal criminal code provisions regarding appropriate remedies with respect to prison conditions applicable to a civil action that seeks to remedy conditions which pose a threat to the health of individuals who are under age 16 or mentally ill.
Bill· SS. 464 (106th)referred
United States · United States Congress · 24 February 1999
Mental Health Juvenile Justice Act - Amends the Public Health Service Act to direct the Attorney General and the Secretary of Health and Human Services to make grants to partnerships between State and local juvenile justice agencies and State and local mental health authorities (or appropriate children service agencies). Requires grant recipients to use such amounts for the establishment and implementation of programs that address the service needs of juveniles who come into contact with the justice system and who have mental health or substance abuse problems by requiring specified actions, including: (1) appropriate diversion of those juveniles from incarceration at imminent risk of being taken into custody, at the time they are initially taken into custody, after they are charged with an offense or act of juvenile delinquency, after they are adjudicated delinquent but prior to case disposition, and after they are released from a juvenile facility for the purpose of attending aftercare programs; (2) completion of initial mental health screening for all juveniles immediately upon entering the juvenile justice system or a juvenile facility; and (3) that all correctional facilities have written policies and procedures, and training and annual certification for all correctional facility staff, on suicide prevention. Sets forth additional requirements regarding classification of juveniles, confidentiality of mental health and substance abuse treatment records, mandatory State reporting of mental health and substance abuse disorders in juvenile justice populations to the Department of Justice, staff ratios for correctional facilities, guidelines for the use of force, and requirements under the Individuals with Disabilities Education and the Rehabilitation Act of 1973. Directs the Secretary to: (1) make grants to systems established under the Developmental Disabilities Assistance and Bill of Rights Act to monitor the mental health and special education services provided by grantees to juveniles and to advocate on behalf of juveniles to assure that such services are properly provided; and (2) reserve at least three percent of appropriated funds for such purposes. Sets forth application requirements. Authorizes appropriations. Allocates from appropriated funds 35 percent for diversion programs and 65 percent for treatment programs. Directs the Attorney General and the Secretary to give preference to partnerships that integrate treatment programs to serve juveniles with co-occurring mental health and substance abuse disorders. Authorizes waivers for good cause. (Sec. 3) Amends the Act to direct the Attorney General and the Secretary to award competitive grants to eligible entities for programs that address the service needs of juveniles, and juveniles with serious mental illnesses, by requiring the State or local juvenile justice, mental health, and substance abuse treatment system to work collaboratively to ensure: (1) the appropriate diversion of juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration and for juveniles on probation or parole; and (3) the provision of followup services for juveniles who are discharged from the juvenile justice system. Sets forth provisions regarding eligibility and the use of funds. Makes specified funds available. (Sec. 4) Directs the Secretary to award grants and contracts for the establishment of four research, training, and technical assistance centers. Sets forth requirements regarding grant or contract eligibility and activities, such as providing training regarding state-of-the-art mental health and justice-related services and successful mental health and substance abuse-justice collaborations. Authorizes appropriations.
Resolution· SRESS.Res. 49 (106th)passed
United States · United States Congress · 24 February 1999
Authorizes expenditures by the following Senate committees from March 1, 1999, through September 30, 1999: (1) Agriculture, Nutrition, and Forestry; (2) Armed Services; (3) Banking, Housing, and Urban Affairs; (4) Budget; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Finance; (9) Foreign Relations; (10) Governmental Affairs; (11) Judiciary; (12) Health, Education, Labor, and Pensions; (13) Rules and Administration; (14) Small Business; (15) Veterans' Affairs; (16) Aging; (17) Intelligence; and (18) Indian Affairs. Authorizes the transfer of any unexpended balance of any committee for the period ending February 28, 1999, to a special reserve to be available to any committee to meet specified unpaid obligations or expenses.
Bill· HRH.R. 833 (106th)open
United States · United States Congress · 24 February 1999
Bankruptcy Reform Act of 1999 - Title I: Consumer Bankruptcy Provisions - Subtitle A: 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 extraordinary circumstances requiring additional expenses or adjustment of currently monthly total income. (Sec. 102) Requires 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. Subtitle B: Consumer Bankruptcy Petitions - Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 107) Sets forth a debtor's bill of rights which such agency must observe. (Sec. 108) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. (Sec. 109) 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. 110) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate additional disclosures for dischargeable debt agreements. (Sec. 111) 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. 112) Directs the Board of Governors of the Federal Reserve System (the Board) to study and report to the Congress on: (1) whether a consumer engaging in either an open-end or closed-end credit transaction secured by the consumer's principal dwelling receives adequate information under Federal law regarding the tax deductibility of interest paid on such transaction; and (2) specifically consider whether additional disclosures are necessary in such transactions where the amount of credit extended exceeds the fair market value of the dwelling. (Sec. 113) Instructs the Board to study and publicize existing protections limiting consumer liability for unauthorized use of a debit card or similar access device. (Sec. 114) Amends the Truth in Lending Act (TILA) to prescribe disclosures regarding initial and annual minimum payments under an open-end credit plan. Instructs the Board to study and report to the Congress on whether consumers have adequate information about borrowing activities which may result in financial problems. (Sec. 115) Amends bankruptcy law to exempt from the property of the bankrupt estate specified postsecondary education accounts placed in a qualified tuition program, or in an education individual retirement account. (Sec. 116) 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. 118) Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 119) 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. 120) 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. 121) 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. 122) 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. 123) 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. (Sec. 124) 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 five years of filing the petition in bankruptcy. (Sec. 125) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing an allowed claim shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 126) 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. 127) Revises guidelines exempting property from the bankrupt estate to reduce the value of an interest in certain property used as a residence or burial plot to the extent that such value is attributable to any portion of property disposed by the debtor during a specified period with the intent to hinder, delay, or defraud a creditor and that the debtor could not have exempted had the property been held on the petition filing date. (Sec. 128) 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. 129) 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. 130) 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 a district 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. (Sec. 131) 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. (Sec. 133) Revises requirements governing a stay of action against a chapter 13 codebtor who did not receive the consideration for a claim to provide a maximum 30-day automatic stay to the extent that the creditor proceeds against: (1) the individual that received the consideration; or (2) the property not in the possession of the debtor that secures that claim. States that such stay shall apply in any case in which the debtor is primarily obligated to pay under a legally binding separation or property settlement agreement or divorce or dissolution decree. (Sec. 134) 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. 135) Reduces from $1,000 to $250 the threshold amount of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days (currently 60 days) before an order for relief. (Sec. 136) 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. (Sec. 137) 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. 139) Precludes an automatic stay of any transfer that is not avoidable in: (1) cases where the trustee serves as lien creditor and successor to certain creditors and purchasers; and (2) postpetition transactions. 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; or (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) Precludes an automatic stay of any eviction actions based on endangerment to property or person or the use of illegal drugs. (Sec. 140) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 142) 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. 143) 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. 144) 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. 146) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 147) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 149) 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 90 days of the filing of the petition. Title II: Discouraging Bankruptcy Abuse - Reenacts chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income). (Sec. 202) 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. 203) Permits an individual debtor to exempt from the property of the bankrupt estate certain tax-exempt retirement funds that have not been obligated in connection with any extension of credit. Exempts from either an automatic stay or a discharge in bankruptcy specified income withheld from the debtor pursuant to pension or profit sharing plans sponsored by such debtor's employer to pay certain loans from such plans. (Sec. 205) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 209) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 210) 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. 211) 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. 213) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec 214) 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. 215) Modifies guidelines governing cases ancillary to foreign proceedings to prohibit the court from granting relief with respect to any security required or permitted under State insurance law for the benefit of claim holders in the United States. (Sec. 215 (sic)) Revises guidelines governing assumption of executory contracts and unexpired leases by the bankruptcy trustee. Exempts from mandatory cure by such trustee certain defaults arising from nonmonetary obligations under an unexpired lease of real property (excluding executory contracts that transfer a right or an interest under a filed or issued patent, copyright, trademark, trade dress, or trade secret), if it is impossible for the trustee to cure such default by performing nonmonetary acts at or after the time of assumption. Title III: General Business Bankruptcy Provisions - Removes investment bankers from the definition of "disinterested person." (Sec. 302) Denies bankruptcy eligibility to an individual unless the individual has received specified credit counseling within 90 days before petition filing. Authorizes the court to waive such prerequisite in specified circumstances. Grants the U.S. Trustee exclusive right to move for case dismissal for debtor non-compliance. Predicates a chapter 7 or chapter 13 discharge upon debtor's completion of an instructional course concerning personal financial management. Title IV: 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. 402) 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. 403) 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. 404) Sets forth uniform national reporting requirements for small business debtors. (Sec. 405) 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. 406) 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. 414) 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. 415) 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: Streamlining the Bankruptcy System - 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. 602) 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. 603) 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. 604) 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. 605) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. Mandates filing of a chapter 13 debt readjustment plan within 90 days of the order for relief. (Sec. 606) 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 not less than the highest national median household income reported for a family of equal or lesser size (or, in a household of one person, not less than the national median household income for one earner). 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 less than the highest national median household income reported for a family of equal or lesser size (or, in a household of one person, less than the national median household income for one earner). Revises the maximum duration for a plan modified after confirmation. (Sec. 607) 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. 608) 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. 609) Directs the Comptroller General to study and report to the Congress and the President on the impact that credit extended to dependents enrolled in post-secondary educational institutions has upon the rate of cases filed in bankruptcy. (Sec. 610) 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. 611) 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. Title VII: Bankruptcy Data - 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. 702) 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. 703) 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 VIII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 802) 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. 804) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 805) 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. 808) 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. 809) 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. 810) 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. 811) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 812) 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. 813) 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. 814) Makes nondischargeable any obligations based on income tax returns prepared by tax authorities. (Sec. 815) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 816) 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 three-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 chapter 7 case, if a chapter 13 debtor fails to comply with such time frame. 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. 817) 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 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. 818) 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 III: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and State courts; (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 X: Financial Contract Provisions - Amends the Federal Deposit Insurance Act (FDIA) to redefine specified contracts, agreements, and transfers entered into with an insolvent insured depository institution before the appointment of a conservator or receiver for it. (Sec. 1002) Declares that no person shall be stayed or prohibited from exercising any right to cause the acceleration of any qualified financial contract with an insured depository institution which arises upon the appointment of the Federal Deposit Insurance Corporation (FDIC) as receiver at any time after such appointment. (Sec. 1002) Declares that no provision of law shall be construed as limiting the right or power of the FDIC, or authorizing any court or agency to limit or delay, in any manner, the FDIC's right or power to transfer, disaffirm, or repudiate any qualified financial contract of a failed institution. Prohibits enforcement of a walkaway clause in a qualified financial contract of a failed insured depository institution (a clause that either does not create a payment obligation of a party, or extinguishes it solely because of such party's status as a nondefaulting party). (Sec. 1003) Revises guidelines governing transfers of qualified financial contracts of an insolvent institution to include: (1) transfers to a foreign bank or foreign financial institution (including its branch or agency) (but only when the contractual rights of the parties to such qualified financial contracts are enforceable substantially to the same extent as permitted under such Act); and (2) transfers of contracts subject to the rules of a clearing organization. Defines financial institution to include a broker or dealer, a depository institution, a futures commission merchant, or any other institution as determined by FDIC regulation. Suspends certain termination rights of counterparties to a qualified financial contract with an insolvent insured depository institution until after the receiver's appointment, or after receipt of notice that the contract has been transferred. Declares that none of the following institutions shall be considered a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding: (1) a bridge bank; or (2) an FDIC-organized depository institution for which a conservator is appointed either immediately upon organization, or at the time of a purchase and assumption transaction between such institution and the FDIC as receiver for a depository institution in default. (Sec. 1004) Prescribes guidelines for: (1) the disaffirmance or repudiation of qualified financial contracts by the conservator or receiver for a failed depository institution; and (2) the treatment of a master agreement as a single agreement and a single qualified financial contract. (Sec. 1006) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to make conforming amendments with respect to: (1) bilateral netting contracts; (2) security agreements; (3) clearing organization netting contracts; (4) contracts with uninsured national banks; and (5) contracts with uninsured Federal branches or agencies. (Sec. 1007) Amends the Federal Bankruptcy Code to reflect the changes made by this Act and 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. 1008) Amends the FDIA to authorize the FDIC to prescribe more detailed recordkeeping requirements for qualified financial contracts (including market valuations) by insured depository institutions. (Sec. 1009) Exempts specified collateralization agreements from the contemporaneous execution requirement that renders invalid certain agreements against FDIC interests in certain asset acquisitions. (Sec. 1010) Amends Federal bankruptcy law to specify 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. 1011) Amends the Securities Investor Protection Act of 1970 to provide that neither the filing of a protective decree by the Securities Investor Protection Corporation, nor any court protective order, shall operate as a stay of a creditor's contractual rights to liquidate, terminate, or accelerate designated contracts and agreements. Allows such application, order, or decree, however, to operate as a stay of foreclosure on securities collateral pledged by the debtor, whether or not with respect to one or more of such contracts, agreements, or securities sold by the debtor under a repurchase agreement. (Sec. 1012) 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). (Sec. 1013) Amends the Federal Reserve Act to increase the types of acceptances eligible to meet Federal Reserve collateral requirements. Title XI: Technical Corrections - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. (Sec. 1101) 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. 1102) 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. 1106) 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. 1111) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1113) 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. 1114) 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. 1119) 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. 1125) Requires the U.S. trustee in a chapter 11 (Reorganization) case to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees. (Sec. 1127) 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. 1128) Amends the Truth in Lending Act to prohibit a creditor under an open end consumer credit plan from terminating an account before its expiration date solely because the consumer has not incurred finance charges. (Sec. 1129) 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. 1130) Amends the Federal judicial code to allow a U.S. trustee whose appointment to a panel or as a standing trustee is terminated or who ceases to be assigned to cases filed under the Federal bankruptcy code to obtain judicial review of the final agency decision by commencing an action in U.S. district court for the district in which the panel member or standing trustee resides, after exhausting all available administrative remedies which, if the trustee so elects, shall also include an administrative hearing on the record. Deems the trustee to have exhausted such remedies, unless the trustee elects to have an administrative hearing on the record, if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies. Requires the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency. Authorizes a standing trustee to obtain judicial review of final agency action to deny a claim of actual, necessary expenses by commencing an action in U.S. district court in the district where the individual resides. Requires the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency. Directs the Attorney General to prescribe procedures to implement such provisions. Title XII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments.
Bill· HRH.R. 815 (106th)referred
United States · United States Congress · 24 February 1999
TABLE OF CONTENTS: Title I: Designation of and Tax Incentives for Renewal Communities Title II: Additional Provisions American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to five qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 104) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. (Sec. 105) Sets forth reporting requirements. (Sec. 106) Directs the Director of the Office of Management and Budget not to make any estimates of changes in receipts under the pay-as-you-go estimate provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 resulting from the enactment of this Act. Title II: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (202) Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 203) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
Bill· HRH.R. 837 (106th)referred
United States · United States Congress · 24 February 1999
Mental Health Juvenile Justice Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to State and local juvenile justice agencies in collaboration with State and local mental health agencies for training the officers and employees of the State juvenile justice system regarding appropriate access to mental health and substance abuse treatment programs and services in the State for juveniles who come into contact with the State juvenile justice system who have mental health or substance abuse problems. Authorizes a State or local juvenile justice agency that receives such a grant to use it for providing: (1) cross-training, jointly with the public mental health system, for State juvenile court judges, public defenders, and mental health and substance abuse agency representatives regarding the appropriate use of effective, community-based alternatives to juvenile justice or mental health system institutional placements; or (2) training for State juvenile probation officers and community mental health and substance abuse program representatives on appropriate linkages between probation programs and mental health community programs. Authorizes appropriations. (Sec. 3) Amends the Act to direct the Attorney General and the Secretary of Health and Human Services to make grants to partnerships between State and local or county juvenile justice agencies and State and local mental health authorities for the establishment and implementation of programs that address the service needs of juveniles who come into contact with the justice system and who have mental health or substance abuse problems. Sets forth requirements regarding appropriate diversion from incarceration, screening and assessment, treatment of such juveniles, correctional facility policies and procedures (and staff training and annual certification) on suicide prevention, classification of juveniles, confidentiality of records, State recordkeeping and mandatory State reporting to the Department of Justice regarding mental health and substance abuse disorders, staff ratios for correctional facilities, guidelines on the use of force, and requirements under the Individuals with Disabilities Education Act and Rehabilitation Act of 1973. Directs the Secretary of Health and Human Services to: (1) make grants to systems established under the Developmental Disabilities Assistance and Bill of Rights Act to monitor the mental health and special education services provided by grantees to juveniles and to advocate on behalf of juveniles; and (2) reserve no less than three percent of appropriated funds for such purposes. Authorizes appropriations. Allocates 35 percent for diversion programs and 65 percent for treatment programs. Directs the Attorney General and the Secretary to give preference in treatment to partnerships that integrate treatment programs to serve juveniles with co-occurring mental health and substance abuse disorders. Authorizes waivers of treatment requirements. Sets forth grant application requirements. (Sec. 4) Amends the Public Health Service Act to direct the Attorney General and the Secretary to award competitive grants to eligible entities for programs that address the service needs of juveniles, and juveniles with serious mental illnesses, by requiring the State or local juvenile justice system, the mental health system, and the substance abuse treatment system to work collaboratively to ensure: (1) the appropriate diversion of such juveniles and juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration and for those juveniles on probation or parole; and (3) the provision of followup services for juveniles who are discharged from the juvenile justice system. Sets forth requirements regarding eligibility of entities, use of funds, and areas served by projects. Makes specified funds available. (Sec. 5) Directs the Secretary to award grants and contracts for the establishment of four research, training, and technical assistance centers. Authorizes appropriations. (Sec. 6) Establishes a Federal Coordinating Council on Criminalization of Juveniles With Mental Disorders. (Sec. 7) Amends: (1) the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for funds under the violent offender incarceration and truth-in-sentencing grants program, to have (by January 1, 2001) a program of mental health screening and treatment for appropriate categories of juvenile and other offenders during periods of incarceration and juvenile and criminal justice supervision, that is consistent with guidelines issued by the Attorney General; and (2) make Federal criminal code provisions regarding appropriate remedies with respect to prison conditions applicable to a civil action that seeks to remedy conditions which pose a threat to the health of individuals who are under age 16 or mentally ill.
Bill· HRH.R. 846 (106th)referred
United States · United States Congress · 24 February 1999
Child Care Worker Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program. Sets forth eligibility criteria for scholarship applicants, including: (1) demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training. Includes such program under requirements for State plans, allotments, payments, and annual reports. Authorizes appropriations.
Bill· HRH.R. 827 (106th)referred
United States · United States Congress · 24 February 1999
Improved Maternal and Children's Health Coverage Act of 1999 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act (SSA) to mandate: (1) development and use of a uniform, simplified application form for establishing eligibility for Medicaid and CHIP benefits; (2) coordinated enrollment processes; and (3) timely response to inquiries received through a national toll-free telephone number for information on children's coverage under such programs. Requires the Secretary of Health and Human Services to establish such number. (Sec. 2) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and CHIP with regard to children and pregnant women. Directs the Secretary to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available under this Act. Sets forth a special rule for certain enrollment and outreach activities providing for use of three percent of CHIP funds at 90 percent Federal match for such activities. Amends SSA title XIX to provide for additional entities (including elementary and secondary schools, child support enforcement agencies, and child care resource and referral agencies) that are qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 3) Amends SSA title XXI to require, to the extent a State child health plan provides coverage other than through providing benefits under the State's Medicaid plan, a State child health plan to: (1) specify methods to ensure coordination of pediatric care within a family; (2) make the State and its contractors, and not beneficiaries and families, responsible for applying limitations on cost-sharing; (3) impose, at its option, a flat limit (of up to $500) on out-of-pocket expenditures for certain low-income children (as an alternative to the current five percent of family income); and (4) provide a grace period and prior notice before disenrollment for nonpayment of premiums, if the State child health plan requires the payment of a premium and such premium is not paid on a timely notice, as well as an opportunity for a hearing on the matter. Prohibits State child health plan eligibility standards from permitting the use of mandatory waiting periods, unless the Secretary finds that such a period would not be contrary to title XXI. (Sec. 4) Amends SSA title XIX to provide for, among other changes: (1) automatic reassessment of eligibility for CHIP and Medicaid benefits for children losing Medicaid or CHIP eligibility; (2) optional CHIP coverage of low-income, uninsured pregnant women; (3) State option to cover qualified alien children under the Medicaid and CHIP programs; (4) elimination of the funding offset for exercise of the presumptive eligibility option; (5) automatic enrollment of children born to targeted low-income pregnant women receiving pregnancy-related assistance under such programs; and (6) CHIP and Medicaid program coordination with the Maternal and Child Health Services program under SSA title V.
Law· SS. 447 (106th)enacted
United States · United States Congress · 23 February 1999
Directs the Secretary of Education to deem as timely filed, and process for FY 1999 Impact Aid payments under the Elementary and Secondary Education Act of 1965, an application from a Montana local educational agency serving the Dodson Elementary School District No. 2 and the Dodson High School District, if that application is received within 30 days after enactment of this Act.
Bill· SS. 440 (106th)passed
United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Howard Baker School of Government Title II: John Glenn Institute for Public Service and Public Policy Title III: Oregon Institute of Public Service and Constitutional Studies Title IV: Paul Simon Public Policy Institute Title I: Howard Baker School of Government - Authorizes the Secretary of Education to award a grant to the University of Tennessee in Knoxville, Tennessee, to establish the Howard Baker School of Government and its endowment fund. (Sec. 103) Requires the School to further the study of democratic institutions and public affairs, among other duties. (Sec. 104) Requires the School to operate with the guidance of a Board of Advisors. (Sec. 106) Authorizes appropriations. Title II: John Glenn Institute for Public Service and Public Policy - Authorizes the Secretary to award a grant to Ohio State University in Columbus, Ohio, to establish the John Glenn Institute for Public Service and Public Policy and its endowment fund. (Sec. 202) Requires the Institute to further the study of public service and public policy issues, among other duties. (Sec. 206) Authorizes appropriations. Title III: Oregon Institute of Public Service and Constitutional Studies - Authorizes the Secretary to award a grant to Portland State University in Portland, Oregon, to establish an endowment fund to support the Oregon Institute of Public Service and Constitutional Studies, which the University shall establish at the Mark O. Hatfield School of Government under a Leadership Council in order to receive such grant. (Sec. 303) Requires such Institute to: (1) further the knowledge and understanding of students about public service, the U.S. Government, and the Constitution; (2) increase awareness among youth of the importance of public service; (3) establish a Mark O. Hatfield Fellows program for students of government, public policy, public health, education, or law who have demonstrated a commitment to public service through volunteer activities, research projects, or employment; (4) create library and research facilities; and (5) support the professional development of elected officials at all levels of government. (Sec. 304) Requires the Institute to operate under the direction of a Leadership Council. (Sec. 306) Authorizes appropriations. Title IV: Paul Simon Public Policy Institute - Authorizes the Secretary to award a grant to Southern Illinois University at Carbondale, Illinois, to establish an endowment fund to support the Paul Simon Public Policy Institute, which the University shall establish in order to receive such grant. (Sec. 402) Includes among the Institute's duties research, analysis, debate, and policy recommendations with respect to world hunger, mass media, foreign policy, education, and employment. (Sec. 406) Authorizes appropriations.
Bill· SS. 444 (106th)referred
United States · United States Congress · 23 February 1999
Directs the Secretary of Education to deem the application from the Dodson Public Schools District No. 2-A, Dodson, Montana, for FY 1998 Impact Aid payments as timely submitted in accordance with specified requirements of the Elementary and Secondary Education Act of 1965.
Bill· HRH.R. 795 (106th)referred
United States · United States Congress · 23 February 1999
Chippewa Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights Settlement Act of 1999 - Approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Chippewa Cree Tribe of the Rocky Boy's Reservation and the State of Montana, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the United States, the Tribe, or the State of Montana to petition the Montana Water Court to enter and approve the proposed decree agreed to by such parties. Provides that if approval by the appropriate court does not become final within three years after the filing of the decree or the decree is approved but subsequently set aside: (1) the approval and ratification of the Compact by the United States shall be null and void; and (2) this Act shall be of no further force and effect. (Sec. 6) Directs the Secretary to administer and enforce the Tribal Water Right until the approval of a tribal water code by the Tribe. Satisfies any entitlement to Federal Indian reserved water of any tribal member solely from the water secured to the Tribe by the Compact. Authorizes the Tribe, subject to the Secretary's approval and Compact conditions, to enter into a service contract or other agreement providing for the temporary delivery, use, or transfer of water rights confirmed to the Tribe in the Compact. (Sec. 7) Directs the Secretary, through the Bureau of Reclamation, to: (1) perform a municipal, rural, and industrial, domestic, and incidental drought relief feasibility study of water and related resources in North Central Montana to evaluate alternatives for a municipal, rural, and industrial supply for the Reservation; and (2) conduct a regional feasibility study to evaluate such water and related resources to determine the limitations on those resources and how those resources can best be managed to serve the needs of Montana's citizens. (Sec. 8) Requires the Secretary to allocate a specified amount of stored water to the Tribe without cost. Grants the Tribe the right to devote the water to any use within or outside the Reservation. (Sec. 9) Directs the Secretary: (1) through the Bureau, to plan, design, and construct specified water development projects on the Reservation; and (2) at the request of the Tribe, to enter into an agreement with the Tribe to carry out such activity through the Tribe's annual funding agreement entered into under the self- governance program under the Indian Self-Determination and Education Assistance Act. (Sec. 10) Establishes the Chippewa Cree Indian Reserved Water Rights Settlement Trust Fund to fulfill the purposes of this Act, subject to certain restrictions on expenditures. Sets forth management and investment requirements, terms, and conditions. (Sec. 11) Authorizes appropriations. (Sec. 12) Describes the State contribution to the settlement. (Sec. 13) Provides that the Tribe, in exchange for benefits provided under this Act, shall not exercise its right to withdraw as a party to the Compact and shall release the United States from certain water rights claims and claims arising out of negotiation of the Compact and settlement. Entitles the United States, except in the event that the approval and ratification of the Compact by the United States becomes null and void.
Law· HRH.R. 800 (106th)enacted
United States · United States Congress · 23 February 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have developed and implemented content standards and interim assessments and made substantial progress toward developing and implementing performance standards and final aligned assessments, and toward having local educational agencies (LEAs) in the State produce profiles; (2) hold LEAs accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Requires State applications to describe specific educational objectives and the process for measuring LEA progress in meeting specific goals. Requires States to submit performance data and the Secretary to review such performance. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under the Elementary and Secondary Education Act of 1965 (ESEA): (1) title I Helping Disadvantaged Children Meet High Standards; (2) part B State and Local Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements, including the selection of schools to participate in ESEA title I part A programs for disadvantaged children. Allows an SEA to grant waivers to allow schools to participate in such programs if the percentage of children from low-income families in the attendance area of such school or who actually attend such school is within five percentage points of the lowest percentage of such children for any school in the LEA that meets specified ESEA requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the objectives and desired results described in its application.
Bill· HRH.R. 788 (106th)referred
United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Howard Baker School of Government Title II: John Glenn Institute for Public Service and Public Policy Title III: Oregon Institute of Public Service and Constitutional Studies Title IV: Paul Simon Public Policy Institute Title I: Howard Baker School of Government - Authorizes the Secretary of Education to award a grant to the University of Tennessee in Knoxville, Tennessee, to establish the Howard Baker School of Government and its endowment fund. (Sec. 103) Requires the School to further the study of democratic institutions and public affairs, among other duties. (Sec. 104) Requires the School to operate with the guidance of a Board of Advisors. (Sec. 106) Authorizes appropriations. Title II: John Glenn Institute for Public Service and Public Policy - Authorizes the Secretary to award a grant to Ohio State University in Columbus, Ohio, to establish the John Glenn Institute for Public Service and Public Policy and its endowment fund. (Sec. 202) Requires the Institute to further the study of public service and public policy issues, among other duties. (Sec. 206) Authorizes appropriations. Title III: Oregon Institute of Public Service and Constitutional Studies - Authorizes the Secretary to award a grant to Portland State University in Portland, Oregon, to establish an endowment fund to support the Oregon Institute of Public Service and Constitutional Studies, which the University shall establish at the Mark O. Hatfield School of Government under a Leadership Council in order to receive such grant. (Sec. 303) Requires such Institute to: (1) further the knowledge and understanding of students about public service, the U.S. Government, and the Constitution; (2) increase awareness among youth of the importance of public service; (3) establish a Mark O. Hatfield Fellows program for students of government, public policy, public health, education, or law who have demonstrated a commitment to public service through volunteer activities, research projects, or employment; (4) create library and research facilities; and (5) support the professional development of elected officials at all levels of government. (Sec. 304) Requires the Institute to operate under the direction of a Leadership Council. (Sec. 306) Authorizes appropriations. Title IV: Paul Simon Public Policy Institute - Authorizes the Secretary to award a grant to Southern Illinois University at Carbondale, Illinois, to establish an endowment fund to support the Paul Simon Public Policy Institute, which the University shall establish in order to receive such grant. (Sec. 402) Includes among the Institute's duties research, analysis, debate, and policy recommendations with respect to world hunger, mass media, foreign policy, education, and employment. (Sec. 406) Authorizes appropriations.
Bill· HRH.R. 772 (106th)referred
United States · United States Congress · 23 February 1999
Human Rights, Opportunity, Partnership, and Empowerment for Africa Act (or the Hope for Africa Act) - Declares the policy of Congress toward sub-Saharan African countries. Title I: Cancellation of Debt Owed By Sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to direct the President to cancel all concessional and nonconcessional loans made, guarantees issued, or credits extended by the United States to sub-Saharan African countries. Directs the President to report annually to the appropriate congressional committees concerning the cancellation of debt. (Sec. 102) Authorizes appropriations. (Sec. 103) Directs the Secretary of State to notify foreign governments that have provided loans, guarantees, or credits to the government of a sub-Saharan African country that it is U.S. policy to forgive all such debts and that such foreign governments should do the same. (Sec. 104) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the United States Executive Directors at the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank) to use the U.S. vote to advocate that such financial institutions: (1) unconditionally cancel all debts owed by a sub-Saharan African country to such institution; (2) encourage each country benefitting from such debt cancellation to allocate 20 percent of the country's national budget (including savings from such debt cancellation) to basic services, as the country has committed to do under the United Nations 20- 20 Initiative; and (3) after canceling such debt, require that any future loans not be used to finance in whole or part the implementation of any agreement which requires the country to pay more than five percent of its annual export earnings toward the servicing of foreign loans. Requires the Secretary of the Treasury to report to specified congressional committees with respect to the response by foreign governments to the policies advocated by this section. (Sec. 105) Directs the Secretary of the Treasury to: (1) report to Congress on the amount of debt owed to any U.S. person by any country in sub-Saharan Africa; and (2) acquire and cancel each debt obligation owed to each U.S. person. (Sec. 106) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 to include as an additional duty of the International Financial Institution Advisory Commission that it advise the Secretary of the Treasury and report to Congress on the viability and desirability of having each indebted sub-Saharan African country repay foreign loans in their currency. (Sec. 107) Directs the Secretary of State to encourage the government of each sub-Saharan African country to allocate 20 percent of its national budget (including the savings from cancellation of debt owed by it to the United States) to other foreign countries, to the IMF and the World Bank, and to U.S. persons for the provision of basic services to individuals in their respective country, as provided for in the United Nations 20-20 Initiative. (Sec. 108) Expresses the sense of Congress that, prior to the cancellation of debt owed by sub-Saharan African countries, each such country should not pay in any calendar year an aggregate amount greater than five percent of the export earnings of the country for the prior calendar year. Title II: Trade Provisions Relating to Sub-Saharan Africa - Directs the United States, pursuant to the Agreement on Textiles and Clothing, to eliminate existing quotas on textile and apparel exports to the United States from Kenya and Mauritius not later than 30 days after each country demonstrates that it: (1) does not engage in significant violations of internationally recognized human rights; (2) provides for the enforcement of certain internationally recognized worker rights; and (3) takes adequate measures to prevent illegal transshipment of goods. Directs the President to continue the no quota policy for each of the other sub-Saharan African countries that are in compliance with such requirements. (Sec. 201) Provides that, when the quota for either Kenya or Mauritius is first eliminated, the quota for textile and apparel products from China for each calendar year shall be reduced by an amount equal to the volume of imports of all textile and apparel products from all sub-Saharan African countries into the United States in the preceding calendar year, plus five percent of that amount. Requires the Secretary of Labor to determine, and report annually to Congress on, whether or not each sub-Saharan African country is providing for effective enforcement of internationally recognized worker rights. Directs the President to report annually to Congress on the growth in textiles and apparel exports to the United States from countries in sub-Saharan Africa in order to inform U.S. consumers, workers, and textile manufacturers about the effects of the no quota policy. Directs the President to provide an additional benefit of 50 percent tariff reduction for any textile and apparel product of a sub-Saharan African country that meets the requirements (relating to human rights, workers rights, and illegal transshipments) and that is imported directly into the United States from such country if the business enterprise, or a subcontractor of the enterprise, producing the product is in compliance with specified conditions. Sets forth specified conditions for the import of textile and apparel goods into the United States, including such goods from a sub-Saharan African country. Sets forth penalties for violations committed under this Act. Directs the U.S. Customs Service to monitor and the Commissioner of Customs to report annually on measures taken by sub-Saharan African countries which export textiles or apparel goods to the United States to prevent unlawful transshipment of such goods and circumvention of this Act or any agreement regulating trade in such goods between such country and the United States. (Sec. 202) Amends the Trade Act of 1974 to authorize the President to provide duty-free treatment for certain import-sensitive articles, or articles set forth in the product list of the Lome Treaty, that are the product of a beneficiary developing sub-Saharan African country and that are in compliance with certain human rights requirements with respect to such articles if the President determines that such articles are not import-sensitive in the context of imports from such countries. Sets forth certain rules of origin for purposes of duty-free treatment of products from beneficiary developing sub-Saharan African countries. Extends duty-free treatment to: (1) products from beneficiary developing sub-Saharan African countries through June 30, 2005; and (2) products of other beneficiary developing countries through June 30, 1999. (Sec. 203) Grants a U.S. citizen a cause of action in the U.S. district court to seek compliance of sub-Saharan African countries with the requirements of this Act. Title III: Development Assistance for sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to revise congressional findings with respect to long-term development assistance for sub-Saharan Africa to declare that the HIV- AIDS epidemic, along with other conditions, have caused countless deaths and untold suffering among the people of sub-Saharan Africa. (Sec. 302) Directs the Agency for International Development (AID) to provide capacity building assistance through participatory planning to private and voluntary organizations that are involved in providing assistance for sub-Saharan Africa. (Sec. 303) Prohibits military assistance to sub-Saharan African countries. (Sec. 304) Revises critical sectoral priorities provisions to give priority to: (1) increasing food security by promoting agriculture policies in sub-Saharan African countries; (2) improving health conditions in such countries by emphasizing, among other things, HIV-AIDS prevention and treatment programs; (3) providing increased access to voluntary family planning services, including access to prenatal healthcare; (4) improving education and vocational education, with particular emphasis on primary education and vocational education for women; and (5) developing income-generating opportunities, including development of manufacturing and processing industries and microcredit projects. (Sec. 305) Increases the minimum amount of long-term development assistance that should be targeted to certain critical sectors with respect to sub-Saharan African countries. (Sec. 306) Directs the Administrator of AID to report semiannually to Congress on: (1) how, and to what extent, AID has consulted with nongovernmental organizations in sub-Saharan Africa regarding the use of long-term development assistance to sub-Saharan African countries; (2) the extent to which such assistance has been successful in capacity building among local nongovernmental organizations and in increasing food security and access to health and education services among the people of sub-Saharan Africa; and (3) how, and to what extent, such assistance has furthered the goals of sustainable economic and agricultural development, gender equity, environmental protection, and respect for workers' rights there. (Sec. 307) Authorizes appropriations for the Development Fund for Africa. Title IV: Sub-Saharan Africa Equity and Infrastructure Funds - Directs the Overseas Private Investment Corporation (OPIC) to initiate one or more equity funds in support of infrastructure projects in sub-Saharan Africa, including basic health services (including AIDS prevention and treatment), hospitals, potable water, sanitation, schools, electrification of rural areas, and publicly-accessible transportation. Title V: Overseas Private Investment Corporation and Export-Import Bank Initiatives - Directs the Board of Directors of OPIC to establish and work with an advisory committee to assist it in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa, including with respect to equity and infrastructure funds established under this Act. Sets forth requirements with respect to the composition and administration of the advisory committee. (Sec. 502) Amends the Export-Import Bank Act of 1945 to revise provisions establishing an advisory committee to require such committee to assist the Board of Directors of the Export-Import Bank of the United States in developing, among other things, financial instruments with respect to sub-Saharan African countries. Sets forth requirements with respect to the composition and administration of the advisory committee. Title VI: Miscellaneous Provisions - Prohibits the use of appropriated funds to any Federal agency to be used to seek the revocation or revisions of any sub-Saharan African intellectual property or competition law or policy that is designed to promote access to pharmaceuticals or other medical technologies. (Sec. 603) Directs the President to: (1) provide notice and opportunity to the public for comments on the success or failure of the implementation of this Act; and (2) report such comments to Congress.
Bill· HRH.R. 781 (106th)referred
United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Preference for Contractors That Hire Welfare Recipients Title II: Job Access and Reverse Commute Grants Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients Title IV: Substance Abuse and Mental Health Services Title V: Restoration of Deductions Job Access and Work Incentives Act - Title I: Preference for Contractors that Hire Welfare Recipients - Requires the head of a department or agency of the Federal Government, in awarding a covered contract (contracts over $500,000), to give preference (subject to exceptions) to an entity that agrees to hire welfare recipients (a recipient of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act) for jobs created to carry out the contract. Title II: Job Access and Reverse Commute Grants - Amends the Transportation Equity Act for the 21st Century to extend and increase the job access and reverse commute grants program. Title III: Guarantees of Loans Made by States to Current or Recent Welfare Recipients - Authorizes the Secretary of Health and Human Services to provide a loan guarantee to a State with respect to a loan if: (1) the loan is made by a State; (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act; (3) the principal amount of the loan is not less than $20 and not more than $5,000; and (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. Title IV: Substance Abuse and Mental Health Services - Appropriates funds, as specified under the Public Health Service Act, for the Substance Abuse and Mental Health Services Administration. Title V: Restoration of Deductions - Amends the Internal Revenue Code to repeal the current limitations on the deductions for: (1) meals and entertainment expenses; and (2) luxury water transportation, travel as a form of education, and travel expenses for spouses and dependents.
Law· SS. 438 (106th)enacted
United States · United States Congress · 22 February 1999
Chippewa Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights Settlement Act of 1999 - Approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Chippewa Cree Tribe of the Rocky Boy's Reservation and the State of Montana, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the United States, the Tribe, or the State of Montana to petition the Montana Water Court to enter and approve the proposed decree agreed to by such parties. Provides that if approval by the appropriate court does not become final within three years after the filing of the decree or the decree is approved but subsequently set aside: (1) the approval and ratification of the Compact by the United States shall be null and void; and (2) this Act shall be of no further force and effect. (Sec. 6) Directs the Secretary to administer and enforce the Tribal Water Right until the approval of a tribal water code by the Tribe. Satisfies any entitlement to Federal Indian reserved water of any tribal member solely from the water secured to the Tribe by the Compact. Authorizes the Tribe, subject to the Secretary's approval and Compact conditions, to enter into a service contract or other agreement providing for the temporary delivery, use, or transfer of water rights confirmed to the Tribe in the Compact. (Sec. 7) Directs the Secretary, through the Bureau of Reclamation, to: (1) perform a municipal, rural, and industrial, domestic, and incidental drought relief feasibility study of water and related resources in North Central Montana to evaluate alternatives for a municipal, rural, and industrial supply for the Reservation; and (2) conduct a regional feasibility study to evaluate such water and resources to determine limitations and how resources can best be managed to serve the needs of Montana's citizens. (Sec. 8) Requires the Secretary to allocate a specified amount of stored water to the Tribe without cost. Grants the Tribe the right to devote the water to any use within or outside the Reservation. (Sec. 9) Directs the Secretary: (1) through the Bureau, to plan, design, and construct specified water development projects on the Reservation; and (2) at the request of the Tribe, to enter into an agreement with the Tribe to carry out such activity through the Tribe's annual funding agreement entered into under the self- governance program under the Indian Self-Determination and Education Assistance Act. (Sec. 10) Establishes the Chippewa Cree Indian Reserved Water Rights Settlement Trust Fund to fulfill the purposes of this Act, subject to certain restrictions on expenditures. Sets forth management and investment requirements, terms, and conditions. (Sec. 11) Authorizes appropriations. (Sec. 12) Describes the State contribution to the settlement. (Sec. 13) Provides that the Tribe, in exchange for benefits provided under this Act, shall not exercise its right to withdraw as a party to the Compact and shall release the United States from certain water rights claims and claims arising out of negotiation of the Compact and settlement. Entitles the United States, except in the event that the approval and ratification of the Compact by the United States becomes null and void.
Resolution· HRESH.Res. 71 (106th)referred
United States · United States Congress · 12 February 1999
Provides amounts for expenses of the House Committee on Education and the Workforce for the 106th Congress.
Bill· HRH.R. 741 (106th)referred
United States · United States Congress · 11 February 1999
K-12 Education Excellence Now Act of 1999 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including qualifying home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools.
Bill· HRH.R. 709 (106th)open
United States · United States Congress · 11 February 1999
Technology Education Capital Investment Act of 1999 - Authorizes appropriations to the Director of the National Science Foundation (NSF) to conduct informal science and mathematics education programs. Requires the NSF to expand such programs. Sets forth priorities for such programs serving students at pre-kindergarten through secondary education levels. (Sec. 3) Authorizes appropriations to the NSF Director to carry out the national advanced scientific and technical education program under the Scientific and Advanced-Technology Act of 1992. (Sec. 4) Establishes a technology education State stimulus scholarship program. Authorizes the Secretary of Education to make matching grants to States to provide supplementary scholarships to students for study leading to a postsecondary degree in science, mathematics, engineering, or a related field. Allows such scholarships to be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. Sets forth eligibility requirements. Authorizes appropriations. (Sec. 5) Establishes a hands-on student training partnership grants program. Authorizes the Secretary of Commerce to make start-up grants to institutions of higher learning to develop industry-sponsored internship programs that provide opportunities for undergraduate engineering students to receive hands-on training at local businesses. Sets forth program priorities and restrictions. Authorizes appropriations. (Sec. 6) Amends the Internal Revenue Code provisions relating to educational assistance programs to provide for: (1) permanent extension of the tax exclusion for employer-provided educational assistance; and (2) restoration of the tax exclusion for graduate level assistance. (Sec. 7) Establishes the Technology Workforce Commission to study and report to the President and the Congress on all matters relating to the shortage of technology workers in the United States. Authorizes appropriations.
Bill· HRH.R. 732 (106th)open
United States · United States Congress · 11 February 1999
Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School. Expresses the sense of the Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense should: (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and appropriate management of defense and security policy; and (2) implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption.
Bill· HRH.R. 2 (106th)referred
United States · United States Congress · 11 February 1999
TABLE OF CONTENTS: Title I: Funds to the Classroom Title II: Education Flexibility Partnership Act of 1999 Title III: Modification of Arbitrage Rebate Rules Applicable to Bonds Used to Finance Public Schools Dollars to the Classroom Act - Title I: Funds to the Classroom - Expresses the sense of the Congress that it urges the Department of Education, States, and local educational agencies (LEAs) to work together to ensure that not less than 95 percent of all funds appropriated for the purpose of carrying out elementary and secondary education programs administered by the Department of Education is spent for our children in their classrooms. Title II: Education Flexibility Partnership Act of 1999 - Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow qualified States to participate in an Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 204) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I; (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Education Act of 1998, and of the following programs under the the Educational and Secondary Education Act of 1965 (ESEA): (1) title I Helping Disadvantaged Children Meet High Standards; (2) part B State and Local Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any State educational agency (SEA) under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application. Title III: Modification of Arbitrage Rebate Rules Applicable to Bonds Used to Finance Public Schools - Amends the Internal Revenue Code to increase the arbitrage rebate exception for governmental bonds used to finance public schools. (Sec. 302) Modifies arbitrage rebate rules applicable to public school construction bonds.
Bill· HRH.R. 701 (106th)open
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
Bill· HRH.R. 697 (106th)referred
United States · United States Congress · 10 February 1999
Amends the Individuals with Disabilities Education Act to reserve to each State educational agency (SEA), or to a local educational agency as determined by the SEA, any decision relating to establishment or implementation of policies of discipline of children with disabilities in school. Requires that any such policy be applicable to all children with disabilities in that State or local educational agency.
Bill· HRH.R. 692 (106th)referred
United States · United States Congress · 10 February 1999
E-Rate Termination Act - Amends the Communications Act of 1934 to repeal provisions requiring: (1) telecommunications carriers to provide universal telecommunications and information services to elementary and secondary schools and libraries at rates less than those charged for similar services to other parties; and (2) the Federal Communications Commission to enhance the access of such schools and libraries to advanced telecommunications and information services.
Bill· HRH.R. 665 (106th)referred
United States · United States Congress · 10 February 1999
Financial Services Modernization Act - Title I: Financial Services Modernization - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions against: (1) affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to permit a bank holding company (BHC) to engage in any activity which the Board of Governors of the Federal Reserve Bank (the Board) and the Secretary of the Treasury (the Secretary) have jointly determined to be either financial in nature, or incidental to such financial activities. Delineates the factors to be considered in such determination. Enumerates activities deemed financial in nature. Prescribes acquisition guidelines for bank holding companies. Exempts from BHCA proscriptions against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board as of the day before enactment of this Act to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Cites circumstances under which a BHC may engage in nonfinancial activities, or acquire ownership and control of a company engaged in such activities. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, insurance concerns, and national banks. Cites exceptions to such preemption, including State regulation of the business of insurance, and the retention of State capitalization requirements for an insurance entity acquired by another entity. States that this Act shall not affect State antitrust and general corporate law. Retains State oversight authority over specified financial activities other than insurance. Prohibits State regulation of the insurance activities of an insured depository institution that in any way that discriminates adversely between insured depository institutions and other entities engaged in insurance activities. (Sec. 105) Mandates that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. Subtitle B: Streamlining Supervision of Bank Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution BHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. (Sec. 111) Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. (Sec. 112) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. Permits the Federal Deposit Insurance Corporation (FDIC) to examine the affiliate of an insured depository institution in order to disclose fully the impact of their relationship upon such institution. (Sec. 115) States that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries shall also limit the authority of the FDIC with respect to such companies and their nonbank subsidiaries. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to permit a subsidiary of a national bank to engage in any activity permissible for: (1) the parent national bank; and (2) a BHC under the BHCA, other than engaging as principal in specified insurance activities, including issuing annuities and insurance company investments. (Sec. 121) Bars a national bank subsidiary from: (1) insurance underwriting (other than for credit-related insurance); and (2) real estate investment or development activities (unless Federal statute expressly authorizes a national bank to engage directly in such activity). Sets forth prerequisites for national banks with financial subsidiaries. (Sec. 122) Amends the FDIA to mandate safety and soundness firewalls between insured banks and their financial subsidiaries, including: (1) limiting the equity investment of a bank in such subsidiary; (2) mandatory bank procedures for identifying and managing financial operational risks posed by its financial subsidiary; (3) maintenance of separate corporate and legal status; and (4) limiting the credit exposure of a bank to its financial subsidiary. (Sec. 123) Subjects securities and insurance agency activities of insured depository institution subsidiaries to regulation under the Securities Exchange Commission (SEC), and the State insurance regulator, respectively. Subtitle D: Review of Bank Mergers and Acquisitions - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 132) Directs certain Federal banking agencies to make data available to the Attorney General and the Federal Trade Commission (FTC) that they deem necessary for antitrust review under specified statutes. (Sec. 133) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 134) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle E: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 205) Defines traditional banking product, and amends the Securities Exchange Act of 1934 to define a new banking product as a security that: (1) was not subject to SEC regulation as a security before enactment of this subtitle; and (2) is not a traditional banking product. Includes as a traditional banking product any product or instrument promulgated in the Federal Register by the Board of Governors of the Federal Reserve System to be a new banking product. Prescribes procedural guidelines under which the SEC may obtain judicial review of the Board's promulgation. Requires the court to determine whether the subject product or instrument would be more appropriately regulated under either Federal banking laws or Federal securities laws. (Sec. 206) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument, so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC rules. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Subtitle C: Securities and Exchange Commission Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment BHCs. Sets forth the parameters of SEC supervision of investment BHCs, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment BHCs that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment BHCs. Sets forth the parameters of SEC supervision of investment BHCs, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Subtitle D: Studies - Directs the Comptroller General to report to Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to the Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - States that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. Title IV: Customer Service and Education - Amends the FDIA to mandate that the Federal banking agencies jointly promulgate customer protection regulations governing the marketing of nondeposit products by insured depository institutions and their subsidiaries. Prescribes regulation contents, including: (1) anticoercion rules applicable to the sale of nondeposit products; (2) investment product suitability for the customer; (3) disclosures pertaining to the uninsured status and investment risk of investment products; (4) physical separation of banking and nonbanking activities; and (5) a customer complaint mechanism.
Bill· HRH.R. 671 (106th)referred
United States · United States Congress · 10 February 1999
Transition to Adulthood Program Act of 1999 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act and the Internal Revenue Code with regard to the transition of foster children to self-sufficiency, including the provision of nonresidential services to assist in such transition, making respective changes chiefly: (1) allowing States with approved part E plans to make foster care maintenance payments with respect to a child who has not attained age 21 who would otherwise be ineligible for such payments because of age if the child is completing secondary education, is enrolled in an institution that provides postsecondary education or vocational training, or is employed for at least 80 hours per month, and has a case plan providing for the child's achievement of independent living and residence in a setting that promotes personal responsibility; and (2) expanding the work opportunity tax credit to include certain individuals who, on the day before before attaining age 18, received foster care maintenance payments under an approved State part E plan or were in foster care under the responsibility of the State. Provides for an increase in the amount of assets allowable for children in foster care under SSA title IV part E. Directs the Secretary of Health and Human Services (HHS) to establish an action plan to promote collaboration between HHS and other Federal programs to promote the self-sufficiency of children aging out of foster care. Provides, with respect to the independent living initiatives program under SSA title IV part E, for: (1) the use of updated foster care data in the funding formula for determining the basic amount for such program for a State for a fiscal year (while removing State entitlement to such basic amount under State plan provisions); and (2) a funding increase under such program.
Bill· SS. 396 (106th)referred
United States · United States Congress · 9 February 1999
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
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