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Bill· HRH.R. 3239 (105th)referred
United States · United States Congress · 12 February 1998
Medicare Managed Health Care Sunshine Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to require a Medicare+Choice organization, upon request, to provide an eligible individual with descriptive information on physician credentialing. Directs Medicare+Choice organizations to report to the Secretary of Health and Human Services certain financial information, including an audited financial statement of the organization for the most recently concluded fiscal year. Provides for disclosure of the availability of such information to Medicare beneficiaries and prospective Medicare beneficiaries as part of the broad dissemination of information to promote an active, informed selection of the coverage options available under the available Medicare+Choice plans. Applies the requirements of this Act to eligible organizations with risk-sharing contracts under Medicare in the same manner that they apply to Medicare+Choice organizations.
Bill· HRH.R. 3241 (105th)referred
United States · United States Congress · 12 February 1998
Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize States to use community development block grants provided for nonentitlement areas to offset the costs of State charity tax credits.
Bill· HRH.R. 3207 (105th)referred
United States · United States Congress · 12 February 1998
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Treasury the Save Social Security First Reserve Fund to save any surpluses in the Federal budget pending social security reform. Requires the Secretary of the Treasury to: (1) pay into the Fund at the end of each fiscal year an amount equal to any such surplus; and (2) invest all such amounts in public debt securities with suitable maturities and bearing interest at rates determined by the Secretary.
Bill· HRH.R. 3222 (105th)referred
United States · United States Congress · 12 February 1998
Highway Infrastructure Privatization Act - Amends the Internal Revenue Code to provide for the treatment of a qualified highway infrastructure project bond as an exempt facility bond. Directs the Secretary of the Treasury to select no more than 15 highway infrastructure projects as pilot projects eligible for tax-exempt financing.
Bill· HRH.R. 3214 (105th)referred
United States · United States Congress · 12 February 1998
Amends the Internal Revenue Code to authorize a levy on wages or property for failure to pay taxes only if the levy is approved by the appropriate internal revenue district's levy review panel. Exempts a levy from such review if there is a finding that the collection of the tax is in jeopardy. Directs a levy review panel to approve a levy unless a majority of panel members determine that: (1) other means of collecting the unpaid taxes are more appropriate; or (2) the Internal Revenue Service has not complied with applicable levy requirements. Provides for the appointment, for each internal revenue district, of an unpaid three-person levy review panel consisting of at least one attorney with an expertise in Federal taxation and one certified public accountant.
Bill· HRH.R. 3225 (105th)referred
United States · United States Congress · 12 February 1998
Small Savers Retirement Enhancement Act of 1998 - Amends the Internal Revenue Code to increase specified individual retirement account contribution limits from $2,000 to $5,000.
Bill· HRH.R. 3217 (105th)referred
United States · United States Congress · 12 February 1998
Vaccinate America's Children Now Act - Amends the Internal Revenue Code to reduce the tax on vaccines from 75 cents per dose to 25 cents per dose.
Bill· HRH.R. 3227 (105th)referred
United States · United States Congress · 12 February 1998
Amends the Internal Revenue Code to provide a cost-of-living inflation adjustment for the amount of family-owned business excluded from a decedent's gross estate.
Bill· HRH.R. 3215 (105th)referred
United States · United States Congress · 12 February 1998
Savings Advancement and Enhancement (SAVE) Act of 1998 - Amends the Internal Revenue Code to exclude from individual gross income up to $200 ($400 for joint filers) of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts; and (2) nonresident aliens.
Bill· SS. 1634 (105th)referred
United States · United States Congress · 11 February 1998
Honest Balanced Budget Act of 1998 - Declares that the receipts and disbursements of the social security trust funds included in the gross Federal debt shall not be: (1) included in the Federal budget baseline for any fiscal year; and (2) counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of offsetting any tax decrease and any spending increase.
Bill· HRH.R. 3182 (105th)referred
United States · United States Congress · 11 February 1998
Judicial Mandate and Remedy Clarification Act - Amends the Federal judicial code to prohibit any district court from entering any order or approving any settlement that: (1) requires a State or political subdivision to impose, increase, levy, or assess a tax; or (2) has the effect of imposing, increasing, levying, or assessing any tax. Permits a district court to issue an order or approve a settlement that requires a State or political subdivision to implement a spending measure for the purpose of enforcing any Federal or State common law or statutory or constitutional right or law only if the court finds that specified conditions exist, including that: (1) there are no other means available to remedy the violation; (2) the spending measure is narrowly tailored to remedy the violation; and (3) plans submitted by State and local authorities will not effectively redress the violation. Sets forth provisions regarding: (1) judicial review of the court's findings; (2) a right of certain aggrieved persons, corporations, or unincorporated associations to intervene in proceedings concerning implementation of a spending measure; and (3) termination of any such order or settlement after one year or earlier if the court determines that the violation of rights has been cured to the extent practicable.
Bill· HRH.R. 3178 (105th)open
United States · United States Congress · 11 February 1998
TABLE OF CONTENTS: Title I: Credit for Public Transportation Commuting Expenses Title II: Modification to Treatment of Foreign Oil and Gas Income Title III: Limitations on Payments Under Defense Contracts Title IV: Repeal of Certain Incentives for Oil and Gas Exploration and Development and for Mining Title V: Repeal of Exclusion for Citizens or Residents of United States Living Abroad Transit Commuter Credit Act of 1998 - Title I: Credit for Public Transportation Commuting Expenses - Amends the Internal Revenue Code to provide a credit for 20 percent ($150 maximum) of an individual's employment or education related public transportation commuting expenses. Title II: Modifications to Treatment of Foreign Oil and Gas Income - Treats certain taxes paid or accrued to a foreign country with respect to foreign oil and gas income as not creditable for purposes of the foreign tax credit. Treats foreign oil and gas extraction income, and foreign oil related income as separate income categories. Eliminates such categories' exclusion from income for specified purposes. (Changes references to foreign base company oil related income to foreign oil and gas income.) Title III: Limitations on Payments Under Defense Contracts - Prohibits use of Department of Defense funds to pay restructuring costs associated with the merger or acquisition of a Department contractor. Amends the National Defense Authorization Act for Fiscal Year 1995 to extend a specified annual contractor restructuring reporting requirement. Sets forth additional information requirements for such report and a related report by the Comptroller General. Amends Federal law to set forth specified compensation limitations for Department contracts. Title IV: Repeal of Certain Incentives for Oil and Gas Exploration and Development and for Mining - Amends the Internal Revenue Code to repeal: (1) expensing of intangible drilling and development costs for oil and gas wells and geothermal wells; (2) expensing of mine development and exploration costs; (3) percentage depletion for mines and wells, including oil and gas wells; and (4) the enhanced oil recovery credit. Title V: Repeal of Exclusion for Citizens or Residents of United States Living Abroad - Amends the Internal Revenue Code to repeal the foreign earned income and housing allowance gross income exclusion for U.S. citizens and residents abroad.
Bill· HRH.R. 3176 (105th)referred
United States · United States Congress · 11 February 1998
Amends the Internal Revenue Code with respect to the household and dependent care services credit to: (1) eliminate the employment-related requirement; (2) increase the credit percentage; (3) change the qualifying age of dependents who are not physically or mentally incapable from under 13 to under 7 years old; and (4) revise allowable amounts considered for credit calculation.
Bill· HRH.R. 3175 (105th)referred
United States · United States Congress · 11 February 1998
Better Bracket Act of 1998 - Amends the Internal Revenue Code to revise the tax imposed and increase the amount of income subject to the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts.
Bill· HJRESH.J.Res. 110 (105th)referred
United States · United States Congress · 11 February 1998
Constitutional Amendment - Prohibits the Supreme Court, any inferior court of the United States, or the court of any State from requiring a State or local government to levy or increase taxes.
Bill· HJRESH.J.Res. 109 (105th)referred
United States · United States Congress · 11 February 1998
Bars the expenditure of funds received by the Federal Government as a result of Federal legislation implementing any portion of a national tobacco industry settlement to create, maintain, or expand Federal programs unless such expenditures are specifically authorized by the terms of such legislation. Prohibits the expenditure of funds received by the Federal Government as a result of any State settlement to create, maintain, or expand Federal programs. Directs the Secretary of the Treasury to disburse such funds (in excess of those spent on programs specifically designated to receive funds by such legislation) to provide tax relief, restore borrowed trust fund accounts, and reduce the national debt as follows: (1) one-third to be invested in marketable Government securities and held in a Tax Cut Offset Trust Fund for use as the Congress directs to offset future revenue reductions; and (2) two-thirds to exchange any special issue nonmarketable Government bonds in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund with marketable Government securities. Requires the Secretary, when such Funds no longer hold nonmarketable Government securities, to direct that the two-thirds allocation be used to exchange special issue nonmarketable Government securities with marketable securities in the Highway Trust Fund. Directs the Secretary to use such allocation for repayment of the public debt when all Government trust funds no longer hold nonmarketable Government securities. Declares that, notwithstanding any law except the Line Item Veto Act, the receipts and disbursements of all funds not to exceed the value of those referred to in this Act shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of: (1) the Federal budget as submitted by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such receipts and disbursements from any statutory general budget limitation on expenditures and net lending (budget outlays) of the U.S. Government. Directs the Secretary, upon expenditure from a Government trust fund of any money not so counted, to sell a corresponding amount of marketable Government securities from the trust fund and reduce the fund balance accordingly.
Resolution· HCONRESH.Con.Res. 211 (105th)referred
United States · United States Congress · 11 February 1998
Expresses the sense of the Congress that no tax increases should be imposed on the use of variable annuities and other variable contracts.
Bill· HRH.R. 3173 (105th)referred
United States · United States Congress · 5 February 1998
Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba. (Sec. 3) Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Declares that any prohibition on exports to Cuba under the Export Administration Act of 1979 shall cease to be effective. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act. Repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; and (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba. Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba. (Sec. 4) Authorizes common carriers to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. (Sec. 5) Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel. (Sec. 6) Directs the U.S. Postal Service to provide direct mail service to and from Cuba. (Sec. 7) Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights.
Bill· HRH.R. 3170 (105th)referred
United States · United States Congress · 5 February 1998
Amends the Internal Revenue Code to treat a gain as a short-term capital gain to the extent such gain exceeds the net underlying long-term capital gain where the taxpayer has gain from a constructive ownership transaction with respect to any financial position and such gain otherwise would be treated as a long-term capital gain. Provides that, to the extent such gain is treated as a long-term capital gain after the application of the previous sentence, the determination of the applicable capital gain rate (or rates) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. Sets forth definitions and exceptions.
Bill· SS. 1610 (105th)referred
United States · United States Congress · 4 February 1998
TABLE OF CONTENTS: Title I: Improving the Affordability of Child Care Title II: Enhancing the Quality of Child Care and Early Childhood Development Title III: Expanding the Availability and Quality of School- Age Child Care Title IV: Supporting Family Choices in Child Care Title V: Encouraging Private Sector Involvement Title VI: Ensuring the Quality of Federal Child Care Centers Child Care ACCESS (Affordable Child Care for Early Success and Security) Act - Title I: Improving the Affordability of Child Care - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to make increased appropriations for State child care assistance grants for FY 1999 through 2003. Title II: Enhancing the Quality of Child Care and Early Childhood Development - Creates under TANF a State grant program for improving the quality of child care and early childhood development. Makes appropriations for FY 1999 through 2003. Title III: Expanding the Availability and Quality of School-Age Child Care - Establishes under TANF a State grant program for increasing the availability and quality of school-age child care. Makes appropriations for FY 1999 through 2003. (Sec. 301) Amends the Child Care and Development Block Grant Act of 1990 to increase from 13 to 16 the maximum age of an eligible child under the child care and development block grant program. (Sec. 302) Amends the 21st Century Community Learning Centers Act to: (1) direct the Secretary of Education to give priority to rural, urban, and low-income communities in awarding grants to public elementary and secondary schools for projects that benefit the educational, health, social services, cultural, and recreational needs of the community; (2) revise grant application requirements; (3) change from four to one the minimum number of specified activities for which community learning center grant funds may be used; (4) change children's day care services to child care services; and (5) authorize increased appropriations for 21st century community learning centers. Title IV: Supporting Family Choices in Child Care - Amends the Internal Revenue Code to: (1) revise the formula to increase the dependent care income tax credit for certain taxpayers, indexed for inflation, with an even greater credit for employment-related dependent care expenses; (2) allow a minimum dependent care income tax credit for stay-at-home parents; and (3) provide for advance payment by the employer of an employee's dependent care income tax credit. (Sec. 404) Amends the Family and Medical Leave Act of 1993 to cover employers of at least 25 (currently 50) employees. Title V: Encouraging Private Sector Involvement - Amends the Internal Revenue Code to provide an income tax credit for 25 percent of an employer qualified child care expenditures. (Sec. 502) Directs the Secretary of Health and Human Services to establish a program to award grants to local communities for the purpose of expanding the availability and improving the quality of child care on a community-wide basis. Authorizes appropriations. Title VI: Ensuring the Quality of Federal Child Care Centers - Requires the Administrator of the General Services Administration (GSA) for the executive branch, the Architect of the Capitol for the legislative branch, and the Administrator of the Administrative Office of the U.S. Courts for the judicial branch to issue regulations to establish standards and ensure quality child care for Federal employees through accredited child care centers. (Sec. 601) Directs the GSA Administrator to establish an interagency council to facilitate cooperation and sharing of best practices among the three branches, and to develop and coordinate policy, regarding the provision of child care in the Federal Government. Authorizes appropriations.
Resolution· HCONRESH.Con.Res. 208 (105th)referred
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
Bill· SS. 1598 (105th)referred
United States · United States Congress · 3 February 1998
Taxpayers' Cancer Research Funding Act of 1998 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act.
Bill· HRH.R. 3150 (105th)open
United States · United States Congress · 3 February 1998
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Provisions Subtitle A: Needs-Based Bankruptcy Subtitle B: Adequate Protections for Consumers Subtitle C: Adequate Protections for Secured Lenders Subtitle D: Adequate Protections for Unsecured Lenders Subtitle E: Adequate Protections for Lessors Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers Subtitle G: Exemptions Title II: Business Bankruptcy Provisions Subtitle A: General Provisions Subtitle B: Specific Provisions Title III: Municipal Bankruptcy Provisions Title IV: Bankruptcy Administration Subtitle A: General Provisions Subtitle B: Data Provisions Title V: Tax Provisions Title VI: Miscellaneous Bankruptcy Reform Act of 1998 - Title I: Consumer Bankruptcy Provisions - Subtitle A: Needs-Based Bankruptcy - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy under chapter 7 (Liquidation), if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) States that a debtor's monthly net income shall be determined by taking the current monthly total income minus: (1) expense allowances under specified "Necessary Expenses"; (2) the average monthly payment on account of secured creditors; and (3) the average monthly payment on account of priority creditors. Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Revises dismissal guidelines to: (1) permit a motion to dismiss by a party in interest; and (2) convert a case from chapter 7 to chapter 13 (Adjustment of Debts of an Individual with Regular Income) with the debtor's consent, if the court finds that granting relief would be an inappropriate use of chapter 7. States that the court shall determine that an inappropriate use of chapter 7 exists if: (1) the debtor is excluded from chapter 7 by the bankruptcy code; or (2) the totality of the circumstances of the debtor's financial situation demonstrates such inappropriate use. Subtitle B: Adequate Protections for Consumers - Requires notice to a consumer debtor before a case commences of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 112) Instructs the Director of the Executive Office for United States Trustees to: (1) develop a financial management training curriculum and materials for debtors to educate them on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's effectiveness. (Sec. 114) Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 115) Sets forth a debtor's bill of rights which such an agency must observe. (Sec. 116) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. Subtitle C: Adequate Protections for Secured Lenders - Terminates the automatic stay 30 days after filing of a petition if a chapter 7 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 123) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 124) Declares that the automatic stay is terminated regarding property of the bankrupt estate securing a claim or subject to an unexpired lease if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame. (Sec. 125) Instructs the bankruptcy court to confirm a chapter 13 bankruptcy plan if it provides that the holder of a secured allowed claim retains the attendant lien until payment or discharge of all debts. Provides that, if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder retains such lien to the extent recognized by applicable nonbankruptcy law. (Sec. 126) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. (Sec. 127) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. (Sec. 128) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 129) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 130) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. Subtitle D: Adequate Protections for Unsecured Lenders - Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 142) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 143) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 144) Revises requirements governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 145) Declares nondischargeable in bankruptcy any debt obtained: (1) through the use of credit cards or other device to access a credit line without a reasonable expectation or ability to repay; or (2) by use of a written statement the debtor caused to be made or published without taking reasonable steps to ensure its accuracy. Subtitle E: Adequate Protection for Lessors - Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 162) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 163) Repeals the limitation to nonresidential real property (thus applying to all real property, including residential) the exception to the automatic stay for any act by a lessor to the debtor to obtain possession of real property under a lease that has terminated by the expiration of its stated term before the commencement of or during a bankruptcy case. Subtitle F: Bankruptcy Relief Less Frequently Available for Repeat Filers - Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Subtitle G: Exemptions - Increases from 180 to 365 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. Title II: Business Bankruptcy Provisions - Subtitle A: General Provisions - Prohibits the bankruptcy court from appointing any person to examine any request for compensation or reimbursement to bankruptcy officers. (Sec. 202) Exempts from the proscription against fee splitting any sharing of compensation with a bona fide public service attorney referral program operating in accordance with non-Federal law regulating attorney referral services and with rules of professional responsibility applicable to attorney acceptance of referrals. (Sec. 203) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal its repeal of Chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income), thus permanently extending chapter 12 bankruptcy protection for family farmers. (Sec. 204) Authorizes the bankruptcy court, upon request of a party in interest, to: (1) order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case; and (2) order a change in the membership of such a committee to ensure adequate representation of creditors or equity security holders. (Sec. 206) States that acceptance or rejection of a chapter 11 (business reorganization) plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 208) Amends the Federal judicial code to state that a bankruptcy trustee may commence a proceeding or a case related to a bankruptcy case to recover a nonconsumer debt against a noninsider of less than $10,000. (Sec. 209) Extends from 60 days to 120 days the period in which the bankruptcy trustee may assume or reject unexpired leases of nonresidential real property under which the debtor is the lessee. Prohibits the bankruptcy court from extending such period beyond the date the plan is confirmed. Subtitle B: Specific Provisions - Chapter 1: Small Business Bankruptcy - Prescribes guidelines for small business reorganization plans and attendant disclosure statements. (Sec. 233) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States to propose for adoption: (1) standard form disclosure statements and plans of reorganization for small business debtors; and (2) amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms for such debtors. (Sec. 234) Sets forth the duties, reporting requirements, and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. Chapter 2: Single Asset Real Estate - Sets forth the parameters for plan confirmation for a debtor holding single asset real estate. Title III: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title IV: Bankruptcy Administration - Subtitle A: General Provisions - Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 404) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 405) Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 407) Expands debtor's duties to require filing with the bankruptcy court: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules, and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 408) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 409) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. (Sec. 410) Revises the current three-to-five-year length of a payment plan to set a maximum five year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. Reserves the current three-to-five-year payment period to cases involving debtors (or in a joint case, an individual and spouse combined) with a current monthly total income of less than 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Revises the maximum duration for a plan modified after confirmation. (Sec. 411) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 412) Amends the Federal judicial code to confer upon the courts of appeals appellate jurisdiction pertaining to designated bankruptcy appeals. Subtitle B: Data Provisions - Modifies the organization of bankruptcy courts to require the Director of the Executive Office for United States Trustees to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 442) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 443) Expresses the sense of the Congress that the national policy should be that: (1) all data held in electronic form by bankruptcy clerks should be released in electronic form to the public on demand; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title V: Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 502) Provides that property that is exempt from the estate in bankruptcy is liable for specified debts, including taxes, customs duties, and child and spousal support and maintenance. (Sec. 503) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 505) Prescribes the rate of interest to which the holder of a claim for taxes arising before the order for relief is entitled, if such holder is also entitled to receive interest on such claim. (Sec. 506) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case and the pendency or effect of offers in compromise or installment agreements. (Sec. 509) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 510) Amends the automatic stay of United States Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability. (Sec. 511) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make deferred cash payments in quarterly installments designed to pay at least 15 percent of such claims in each of the first five years, and no more than 20 percent of the claims in the final year of the plan. (Sec. 512) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 513) Amends the Federal judicial code to require officers and agents conducting business under court authority to pay all Federal, State, and local taxes when due in the course of the bankrupt business, unless it is a property tax secured by a lien against property of the estate which is abandoned by the bankruptcy trustee. Allows for the payment from a debtor's estate of property taxes for which liability is in rem, in personam, or both (ad valorem taxes). States that a governmental unit shall not be reuired to file a request for payment of such administrative expense taxes. (Sec. 514) Requires as a condition for payment of tardily filed priority tax claims that they be filed before the date on which the court approves the trustee's final report and accounting (currently, before the trustee commences distribution of the estate). (Sec. 516) Declares that an estate's liability for unpaid taxes is discharged upon payment of such tax according to certain requirements. (Sec. 517) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the six-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan, or to convert the case to a case under chapter 7, if a chapter 13 debtor fails to comply with such timeframe. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax claims and to plan confirmation. (Sec. 518) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor typical of the holders of claims or interests in the case. (Sec. 519) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. Title VI: Miscellaneous - Sets forth technical amendments to reflect the changes made by this Act.
Bill· HRH.R. 3146 (105th)open
United States · United States Congress · 3 February 1998
Consumer Lenders and Borrowers Bankruptcy Accountability Act of 1998 - Amends Federal bankruptcy law to expand the list of creditors' claims, both unsecured and secured, that the court shall disallow upon objection by a party in interest where the creditor has performed or failed to perform specified actions. Requires creditors to establish by clear and convincing evidence the debtor's use of false statements in the credit application or the creditor's actual and reasonable reliance on an express fraudulent statement by the debtor in order for certain consumer debts under an open end credit plan to be determined nondischargeable. (Sec. 3) Modifies bankruptcy trustee avoidance powers to: (1) provide that transfer of an individual debtor's right to receive income is not effective until the time it is to be paid to the debtor; and (2) preclude a bankruptcy trustee from avoiding a voluntary transfer of property whose aggregate amount is less than $600. (Sec. 4) Mandates sanctions for certain creditor abuses of the bankruptcy system, including the award of reasonable attorney's fees and punitive and actual damages. (Sec. 5) Requires a consumer debtor to file, contemporaneously with the filing of the bankruptcy petition, a written acknowledgment of receipt of an official explanation of bankruptcy options and alternatives, including relief provided by private credit counseling agencies. (Sec. 6) Amends the Fair Credit Reporting Act to prohibit a consumer report from containing information pertaining to certain: (1) chapter 7 (Liquidation) cases and non-discharged chapter 12 (Adjustment of Debts of a Family Farmer With Regular Income) and chapter 13 (Adjustment of Debts of an Individual With Regular Income) cases whose disposition antedates the report by more than ten years (currently applicable only to chapter 11 (Reorganization) cases); and (2) discharged chapter 12 or 13 cases whose disposition antedates the report by more than five years. Amends the bankruptcy code to revise procedural guidelines governing a Chapter 13 debtor. (Sec. 7) Modifies bankruptcy exemption guidelines to deny such an exemption in excess of $100,000 for certain property converted by an insolvent debtor into a form of property that is otherwise exempt in an unlimited amount. (Sec. 8) Revises criteria for dismissal of an individual debtor's petition in bankruptcy to authorize the court to dismiss if it finds that granting relief would be an abuse of Chapter 7, as defined. (Currently, substantial abuse is required.) Precludes a finding of abuse if the debtor's household income does not exceed $60,000, adjusted upward by $5,000 for each household member exceeding four. (Sec. 9) Cites circumstances under which the bankruptcy court may terminate the automatic stay against debtor's creditors if the debtor has previously filed petitions within a specified time-frame. Modifies guidelines governing nonattorney bankruptcy petition preparers to mandate that as a prerequisite to any collection of fees for services: (1) such preparers officially disclose to debtors that they cannot practice law or give legal advice; and (2) such disclosure be signed by the debtor and filed with the requisite court documents. (Sec. 10) Denies a discharge in bankruptcy: (1) to a debtor that has intentionally omitted property from the bankruptcy schedule of assets; (2) if such omission was material; and (3) if the debtor would not have been entitled to fully exempt such property had it been timely listed in such schedule. (Sec. 11) Revises guidelines concerning debt adjustment plans for individuals with regular income to exclude the satisfaction of any penalty rate from the determination of the amount necessary to cure a default (thus restricting interest on interest). Mandates confirmation of a plan that: (1) provides that the claim holder retain the lien securing an allowed secured claim until the claim is paid; and (2) specifies the interest rate to be paid to an allowed secured claim holder for deferred payments. (Sec. 12) Revises lien avoidance guidelines affecting debtor's property that is exempt from the bankruptcy estate. Voids any lien on the debtor's interest in any personal or household item unless the lienholder timely files a sworn declaration that the item's purchase price exceeded $1,500. Permits a debtor to void an unenforceable tax lien. Provides that, in a proceeding under Chapter 7 or Chapter 13, a rent-to-own contract enjoys the same status as a purchase contract. Modifies Chapter 13 guidelines to declare that confirmation of a plan renders the property of the estate and the debtor, whether or not revested in the debtor, free and clear of any lien held by a holder of a secured claim with notice of the case that has not filed a timely proof of claim and served that proof on the debtor and the debtor's attorney. States that such a lien duly perfected before the petition date, and secured by a claim on which the last payment is due after the due date of the final plan payment, may be so affected only to the extent the plan proposes to cure any default. Permits the court to approve payment of allowed secured claims over a period that exceeds the current statutory limit of five years. (Sec. 13) Modifies the exceptions to a discharge in bankruptcy to: (1) repeal the proscription against discharge of a debt incurred to pay a nondischargeable Federal tax; and (2) prohibit discharge of a filing fee imposed by any court upon a prisoner. Exempts retirement funds from the estate in bankruptcy to the extent that such funds are exempt from taxation in the Tax Code. Redefines "utility" for purposes of utility service provided to a party in bankruptcy to include any provider of gas, electric, telephone, telecommunication, cable television, satellite communication, water, or sewer service, whether or not such service is a regulated monopoly.
Bill· HRH.R. 3144 (105th)referred
United States · United States Congress · 3 February 1998
TABLE OF CONTENTS: Title I: Tax Relief to Increase Child Care Affordability Title II: Encouraging Quality Child Care Subtitle A: Dissemination of Information About Quality Child Care Subtitle B: Increased Enforcement of State Health and Safety Standards Subtitle C: Removal of Barriers to Increasing the Supply of Quality Child Care Subtitle D: Quality Child Care Through Federal Facilities and Programs Caring for Children Act - Title I: Tax Relief to Increase Child Care Affordability - Amends the Internal Revenue Code to increase the percentage of dependent care expenses (if the expenses are incurred to enable the taxpayer to be employed (employment-related expenses)) allowed as a credit. Deems a taxpayer who has one or more children under the age of four to have employment-related expenses of specified amounts, notwithstanding provisions limiting expenses to the amount of earned income. (Sec. 102) Mandates a program to promote employer use of dependent care assistance programs. Authorizes appropriations. (Sec. 103) Allows a credit to employers for employer-provided child care expenses, including acquisition, construction, and other property expenses and operating costs. Terminates the credit after a specified date. Title II: Encouraging Quality Child Care - Subtitle A: Dissemination of Information About Quality Child Care - Directs the Secretary of Health and Human Services, directly or through a competitive contract, to collect and disseminate information on health and safety in various child care settings and findings in the field of early childhood learning and development. (Sec. 202) Mandates grants to develop distance learning child care training technology infrastructures and model technology-based training courses for child care providers and child care workers. Authorizes appropriations. Subtitle B: Increased Enforcement of State Health and Safety Standards - Amends the Child Care and Development Block Grant Act of 1990 to require that the State plan for the use of funds under the Act provide the percentage of child care provider inspections required under State law. Mandates changes in State allotments based on State health and safety standards and inspections. Subtitle C: Removal of Barriers to Increasing the Supply of Quality Child Care - Authorizes appropriations to carry out the Child Care and Development Block Grant Act of 1990. (Sec. 222) Establishes a grant program, based on State populations, to assist States in providing funds to encourage the establishment and operation of employer operated child care programs. Authorizes appropriations. Terminates the program on a specified date. (Sec. 223) Mandates a report by the Comptroller General to the Congress on whether, and if so the extent to which, concerns regarding legal liability inhibit the availability and affordability of child care. Subtitle D: Quality Child Care Through Federal Facilities and Programs - Mandates regulations requiring child care centers in executive, legislative, or judicial facilities to comply with State and local licensing requirements. Provides for enforcement.
Bill· HRH.R. 3149 (105th)open
United States · United States Congress · 3 February 1998
Taxpayer Choice Act of 1998 - Amends the Internal Revenue Code to provide for an increase in: (1) the personal exemption amount; and (2) the exemption reduction (adjusted gross income) threshold amounts.
Bill· HRH.R. 3151 (105th)open
United States · United States Congress · 3 February 1998
Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise tax rates for: (1) married individuals filing joint returns and surviving spouses (eliminates the marriage penalty); (2) heads of households; (3) other individuals; and (4) estates and trusts.
Bill· SS. 1596 (105th)open
United States · United States Congress · 2 February 1998
TABLE OF CONTENTS: Title I: Reading Grants Title II: Amendments to Even Start Family Literacy Programs Reading Excellence Act - Title I: Reading Grants - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new title XV Reading Grants program. (Sec. 101) Authorizes the Secretary of Education to make competitive grants to State-established reading and literacy partnerships to make subgrants for local reading improvement programs and tutorial assistance programs. Provides for peer review panel evaluation of grant applications. Sets forth the requirements relating to partnership membership, contractual agreements, functions, duties, fiscal agency, pre-existing partnerships, multi-state partnerships, and performance reports. Requires partnerships that receive such grants to make competitive three-year local reading improvement subgrants to local educational agencies (LEAs) with one or more schools that: (1) are identified for school improvement; and (2) have a contractual association with community-based organizations of proven effectiveness with respect to reading readiness, reading instruction for children in kindergarten through third grade, and early childhood literacy. Sets forth requirements for subgrant duration, applications, agencies, priorities, authorized activities, and administrative costs. Allows subgrantees to train, on a fee-for-service basis, personnel from schools or LEAs that are not subgrant recipients, in the instructional practices based on reliable, replicable research on reading used by the recipient. Requires partnerships that receive such grants to make competitive tutorial assistance subgrants to LEAs with at least one school: (1) located in an empowerment zone or an enterprise community; or (2) identified for school improvement. Sets forth application requirements and authorized uses of such subgrants. Directs the Secretary to: (1) conduct a national assessment of programs under this Act; (2) receive recommendations from the peer review panel in developing the criteria for the assessment; and (3) submit the findings of the assessment to such panel. Requires the National Institute for Literacy to disseminate information on reliable, replicable research on reading and on subgrantee projects that have proven effective. Requires each reading and literacy partnership to: (1) evaluate subgrantees' success; (2) submit the findings of the evaluations to the Secretary and the peer review panel, who will submit a summary to the appropriate congressional committees; and (3) provide for program participation by children enrolled in private schools. Authorizes appropriations for FY 1998 through 2001. Title II: Amendments to Even Start Family Literacy Programs - Amends ESEA to direct the Secretary to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services. (Sec. 203) Requires grant recipients to: (1) provide technical assistance for the evaluation of subgrant recipient local programs; and (2) develop indicators of program quality. (Sec. 205) Directs the Secretary to research through grant or contract into successful family literacy services to improve the quality of existing programs and to develop models for new programs. Revises provisions for the dissemination of information.
Bill· SS. 1586 (105th)open
United States · United States Congress · 29 January 1998
Consumer and Main Street Protection Act of 1997 - Authorizes States to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if: (1) the destination of the tangible personal property is in the State; (2) during the preceding year, the person has gross receipts from sales of such tangible personal property in the United States exceeding $3 million or in the State exceeding $100,000; and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. Provides for treatment of local sales taxes, return and remittance requirements, and application of State law. Provides that a State shall not have power to require any person to collect a State or local sales tax unless the State has a toll-free telephone service to provide information relating to the collection of such tax.
Bill· SS. 1590 (105th)referred
United States · United States Congress · 29 January 1998
TABLE OF CONTENTS: Title I: A+ Accounts for Public and Private Schools Title II: Dollars to the Classroom Title III: Educational Opportunity and Safety for Low-Income Children Title IV: Testing and Merit Pay for Teachers Title V: Reading Excellence Subtitle A: Reading Grants Subtitle B: Amendments to Even Start Family Literacy Programs Title VI: Teacher and Student Safety Subtitle A: Student Safety and Family Choice Subtitle B: Victim and Witness Assistance Programs for Teachers and Students Subtitle C: Innovative Programs to Protect Teachers and Students Title VII: Charter School Expansion Title VIII: Full Funding for Part B of the Individuals With Disabilities Education Act Better Opportunities for Our Kids and Schools Act - Title I: 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 homeschooling that meets State or local requirements. (Sec. 102) Increases from $500 to $2,500, through December 31, 2002, the maximum annual contribution to such an account. Title II: Dollars to the Classroom - Requires the Secretary of Education to award directly to the States the total amount of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for specified programs or activities under: (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; and (4) the Elementary and Secondary Education Act of 1965 (ESEA). (Sec. 201) 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 Federal agency head except the Secretary from promulgating regulations under this title; and (2) the Secretary from issuing any regulations regarding the types of activities or services that may be assisted under this title. (Sec. 202) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require that at least 95 percent of title I funds made available to an LEA be used for costs of activities and services provided in the classroom for the fiscal year. 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 the Congress legislation containing changes to Federal law needed for such funds to be used in such manner. (Sec. 203) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools. Title III: Educational Opportunity and Safety for Low-Income Children - Authorizes appropriations for the grants program established under this title and for program evaluation. (Sec. 304) Directs the Secretary of Education to make grants to eligible entities for 20 to 30 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Gives priority to eligible entities that: (1) are conducting a school choice program, involving public or private schools, on the date of enactment of this Act; and (2) operate a school choice program, involving public and private schools, that is authorized by Federal law. Requires 90 percent of such grants (85 percent the first year) to be used for providing education certificates to low-income parents to pay tuition, fees, allowable transportation costs, and costs of certain special programs, for their eligible children to attend a choice school. Declares that such education certificates shall be considered as aid to students, not to the choice school. Provides that such education certificates shall not be considered income to an eligible child or its parent for Federal, State, or local tax purposes, or for determining eligibility for any other Federal program. Title IV: Testing and Merit Pay for Teachers - Authorizes States to use Federal education funds to: (1) carry out an assessment of the performance of each elementary or secondary school teacher in the State; (2) establish a merit pay program for the teachers; or (3) hire elementary or secondary school teachers who are certified or licensed to teach in the State. Title V: Reading Excellence - Reading Excellence Act - Subtitle A: Reading Grants - Amends ESEA to establish a new title XV Reading Grants program. (Sec. 511) Authorizes the Secretary of Education to make competitive grants to State-established reading and literacy partnerships to make subgrants for local reading improvement programs and tutorial assistance programs. Provides for peer review panel evaluation of grant applications. Sets forth the requirements relating to partnership membership, contractual agreements, functions, duties, fiscal agency, pre-existing partnerships, multi-state partnerships, and performance reports. Requires partnerships that receive such grants to make competitive three-year local reading improvement subgrants to local educational agencies (LEAs) with one or more schools: (1) that are identified for school improvement; and (2) that have a contractual association with community-based organizations of proven effectiveness with respect to reading readiness, reading instruction for children in kindergarten through third grade, and early childhood literacy. Sets forth requirements for subgrant duration, applications, agencies, priorities, authorized activities, and administrative costs. Allows subgrantees to train, on a fee-for-service basis, personnel from schools or LEAs that are not subgrant recipients, in the instructional practices based on reliable, replicable research on reading used by the recipient. Requires partnerships that receive such grants to make competitive tutorial assistance subgrants to LEAs with at least one school: (1) located in an empowerment zone or an enterprise community; or (2) identified for school improvement. Sets forth application requirements and authorized uses of such subgrants. Directs the Secretary to: (1) conduct a national assessment of programs under this Act; (2) receive recommendations from the peer review panel in developing the criteria for the assessment; and (3) submit the findings of the assessment to such panel. Requires the National Institute for Literacy to disseminate information on reliable, replicable research on reading and on subgrantee projects that have proven effective. Requires each reading and literacy partnership to: (1) evaluate subgrantees success; (2) submit the findings of the evaluations to the Secretary and the peer review panel, who will submit a summary to the appropriate congressional committees; and (3) provide for program participation by children enrolled in private schools. Authorizes appropriations for FY 1998 through 2001. Subtitle B: Amendments to Even Start Family Literacy Programs - Amends ESEA to direct the Secretary to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services. (Sec. 523) Requires grant recipients to: (1) provide technical assistance for the evaluation of subgrant recipient local programs; and (2) develop indicators of program quality. (Sec. 525) Directs the Secretary to research through grant or contract into successful family literacy services to improve the quality of existing programs and to develop models for new programs. Revises provisions for the dissemination of information. Title VI: Teacher and Student Safety - Subtitle A: Student Safety and Family Choice - Amends the ESEA to allow students, who are program-eligible or who attend a program-eligible school, to switch schools if they have been victims of violent crimes in or on the grounds of their schools. Authorizes the LEA to use program funds to pay certain supplementary costs for such students to attend any other public or private elementary school or secondary school, including a religious school, in that State, that is selected by the student's parent. (Sec. 612) Authorizes States, State educational agencies (SEAs), or LEAs to transfer any non-Federal public funds associated with the education of a student who is a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school served by an LEA to another LEA or to a private elementary school or secondary school, including a religious school. Subtitle B: Victim and Witness Assistance Programs for Teachers and Students - Amends the Victims of Crime Act of 1984 to authorize: (1) use of victim compensation program grant funds for compensation to students who are victims of school violence; and (2) grants for a demonstration project or for training and technical assistance services to a program that assists SEA and LEA programs designed to protect victims of and witnesses to incidents of school violence, or that supports a toll-free hotline that provides school students and teachers with confidential assistance on issues of school crime, violence, drug dealing, and threats to personal safety. Subtitle C: Innovative Programs to Protect Teachers and Students - Authorizes appropriations for the grants program established under this subtitle. (Sec. 633) Authorizes the Secretary to award grants to States, SEAs, and LEAs for innovative programs to improve unsafe elementary schools or secondary schools. Gives priority to programs that: (1) provide parent and teacher notification of about incidents of physical violence, weapon possession, or drug activity on school grounds as soon after the incident as practicable; (2) report annually to parents and teachers on the total number of incidents of physical violence, weapon possession, and drug activity on school grounds, the percentage of students missing ten or fewer days of school, with a comparison to previous annual reports; and (3) enhance school security measures. Title VII: Charter School Expansion - Charter Schools Expansion Act of 1998 - Amends ESEA to revise requirements for grants to public charter schools. (Sec. 702) Increases from three years to five years the duration of grants or subgrants for planning, design, or initial implementation of charter schools. Sets forth certain priorities for awarding grants to SEAs. Bases such priorities on requirements of State laws regarding charter schools' budget autonomy, increased numbers, and periodic review and evaluation. Includes among requirements for SEA applications a description of how the SEA will: (1) inform each charter school of available Federal programs and funds that each such school is eligible to receive; (2) ensure that each such school receives its commensurate share of Federal education funds allocated by formula; and (3) disseminate best or promising practices of charter schools to LEAs. Includes among selection criteria for awarding grants to SEAs the number of charter schools created in the State. Eliminates provisions for State revolving trust funds for charter schools. Directs the Secretary of Education to: (1) reserve a specified amount for national activities on behalf of such schools (including assistance in accessing private capital, and pilot projects to better understand and improve such access); and (2) (along with SEAs) ensure that each public charter school receives its full share of funding for LEAs for helping disadvantaged children meet high standards or of any other Federal educational assistance purpose. Sets forth requirements for student records transfer and for paperwork reduction. Specifies that a public charter school: (1) must have a performance contract with the authorized public chartering agency in the State; and (2) is a school to which parents choose to send their children. Extends the authorization of appropriations for FY 1998 through 2002. Title VIII: Full Funding for Part B of the Individuals With Disabilities Education Act - Amends the Individuals With Disabilities Education Act to authorize specified minimum appropriations for assistance for education of all children with disabilities for FY 1999 through 2004, and necessary appropriations for each fiscal year thereafter.
Bill· SS. 1588 (105th)referred
United States · United States Congress · 29 January 1998
Deficit Integrity Act - Excludes the receipts and disbursements of the social security, Federal military retiree, highway, Medicare, civil service retirement, unemployment, and airports trust funds and any other Federal trust fund included in the gross Federal debt from the Federal budget baseline for any fiscal year. Prohibits such funds from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of offsetting any tax decrease or spending increase.
Bill· SS. 1589 (105th)referred
United States · United States Congress · 29 January 1998
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
Bill· SS. 1577 (105th)open
United States · United States Congress · 28 January 1998
TABLE OF CONTENTS: Title I: Tax Relief to Increase Child Care Affordability Title II: Encouraging Quality Child Care Subtitle A: Dissemination of Information About Quality Child Care Subtitle B: Increased Enforcement of State Health and Safety Standards Subtitle C: Removal of Barriers to Increasing the Supply of Quality Child Care Subtitle D: Quality Child Care Through Federal Facilities and Programs Caring for Children Act - Title I: Tax Relief to Increase Child Care Affordability - Amends the Internal Revenue Code to increase the percentage of dependent care expenses (if the expenses are incurred to enable the taxpayer to be employed (employment-related expenses)) allowed as a credit. Deems a taxpayer who has one or more children under the age of four to have employment-related expenses of specified amounts, notwithstanding provisions limiting expenses to the amount of earned income. (Sec. 102) Mandates a program to promote employer use of dependent care assistance programs. Authorizes appropriations. (Sec. 103) Allows a credit to employers for employer-provided child care expenses, including acquisition, construction, and other property expenses and operating costs. Terminates the credit after a specified date. Title II: Encouraging Quality Child Care - Subtitle A: Dissemination of Information About Quality Child Care - Directs the Secretary of Health and Human Services, directly or through a competitive contract, to collect and disseminate information on health and safety in various child care settings and findings in the field of early childhood learning and development. (Sec. 202) Mandates grants to develop distance learning child care training technology infrastructures and model technology-based training courses for child care providers and child care workers. Authorizes appropriations. Subtitle B: Increased Enforcement of State Health and Safety Standards - Amends the Child Care and Development Block Grant Act of 1990 to require that the State plan for the use of funds under the Act provide the percentage of child care provider inspections required under State law. Mandates changes in State allotments based on State health and safety standards and inspections. Subtitle C: Removal of Barriers to Increasing the Supply of Quality Child Care - Authorizes appropriations to carry out the Child Care and Development Block Grant Act of 1990. (Sec. 222) Establishes a grant program, based on State populations, to assist States in providing funds to encourage the establishment and operation of employer operated child care programs. Authorizes appropriations. Terminates the program on a specified date. (Sec. 223) Mandates a report by the Comptroller General to the Congress on whether, and if so the extent to which, concerns regarding legal liability inhibit the availability and affordability of child care. Subtitle D: Quality Child Care Through Federal Facilities and Programs - Mandates regulations requiring child care centers in executive, legislative, or judicial facilities to comply with State and local licensing requirements. Provides for enforcement.
Bill· HRH.R. 3122 (105th)referred
United States · United States Congress · 28 January 1998
Senior Citizens Tax Elimination Act - Amends the Internal Revenue Code to repeal the inclusion of any social security or tier I railroad retirement benefits in gross income. Appropriates non-appropriated Treasury amounts for the social security and railroad retirement funds to equal the amounts not transferred as a result of such repeal. Expresses the sense of the Congress that tax increases will not be used to provide such revenue.
Bill· HRH.R. 3125 (105th)referred
United States · United States Congress · 28 January 1998
Amends the Internal Revenue Code to extend, for three years, the work opportunity credit.
Bill· HRH.R. 3135 (105th)referred
United States · United States Congress · 28 January 1998
Amends the Internal Revenue Code to: (1) make the existing dependent care tax credit a refundable credit; (2) increase allowable dependent care expenses; and (3) revise the credit phasedown formula.
Bill· HRH.R. 3127 (105th)referred
United States · United States Congress · 28 January 1998
Higher Education Reporting Relief Act - Amends the Internal Revenue Code to: (1) repeal the higher education tuition information return requirement for educational institutions and certain related businesses; and (2) require certain institution-identifying information to be provided by the taxpayer in order to claim the tuition credit.
Bill· SS. 1573 (105th)referred
United States · United States Congress · 27 January 1998
Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage per hour, beginning on September 1 of the years specified, to: (1) $5.65 in 1998; (2) $6.15 in 1999; (3) $6.65 in 2000; and (4) in 2001 and subsequent fiscal years, $6.65 adjusted to reflect increases in the Consumer Price Index for All Urban Consumers.
Bill· SS. 1569 (105th)referred
United States · United States Congress · 27 January 1998
Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise the tax imposed and increase the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts.
Resolution· SRESS.Res. 168 (105th)referred
United States · United States Congress · 27 January 1998
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 95 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
Bill· HRH.R. 3097 (105th)referred
United States · United States Congress · 27 January 1998
Tax Code Termination Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be a simple and fair system.
Bill· HRH.R. 3110 (105th)open
United States · United States Congress · 27 January 1998
Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades.
Bill· HRH.R. 3100 (105th)referred
United States · United States Congress · 27 January 1998
American Family Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage per hour, beginning on September 1 of the years specified, to: (1) $5.65 in 1998; (2) $6.15 in 1999; (3) $6.65 in 2000; and (4) in 2001 and subsequent fiscal years, $6.65 adjusted to reflect increases in the Consumer Price Index for All Urban Consumers.
Bill· HRH.R. 3101 (105th)referred
United States · United States Congress · 27 January 1998
Pension Improvement Act of 1998 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to set separate minimum vesting standards for defined contribution and defined benefit plans. (Sec. 3) Amends the Internal Revenue Code to require that plans entitle an employee to elect a rollover distribution to an individual retirement plan within 90 days of separation. Imposes a 25 percent tax on early distributions within 2 years after such a rollover. Exempts such rollovers from withholding. (Sec. 4) Allows penalty-free distributions from individual retirement plans of certain unemployed individuals. (Sec. 5) Amends the Internal Revenue Code and ERISA to require, if the present value of any nonforfeitable accrued benefit is under a specified dollar amount, that a plan allow a benefit to be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan. Requires, if the present value of a joint and survivor annuity or preretirement survivor annuity is under a specified dollar amount, that the plan immediately distribute the value only if the participant and the participant's spouse designate one or more individual retirement plans and the distribution is made in a trustee-to-trustee transfer. Amends the Internal Revenue Code to require that, in order to be treated as not made available as a result of an election or an involuntary distribution, amounts distributed from a State or local government plan or nonprofit organization plan be distributed in a trustee-to-trustee transfer to an individual retirement account. Imposes a 25 percent tax on early distributions within 2 years after such a distribution. Exempts such distributions from withholding.
Bill· HRH.R. 3104 (105th)referred
United States · United States Congress · 27 January 1998
Marriage Protection and Fairness Act of 1998 - Amends the Internal Revenue Code to authorize a married couple to file jointly using unmarried tax rates (the tax being the aggregate of the two individually taxed incomes).
Bill· HRH.R. 3102 (105th)referred
United States · United States Congress · 27 January 1998
Amends the Internal Revenue Code to provide non-Roth IRAs with an annual cost-of-living contribution adjustment (in $500 increments).
Bill· HRH.R. 3098 (105th)referred
United States · United States Congress · 27 January 1998
Amends the Internal Revenue Code to terminate public financing of presidential election campaigns (income tax designations, presidential election campaign fund, and presidential primary matching payment account).
Bill· HRH.R. 3103 (105th)referred
United States · United States Congress · 27 January 1998
Family Reinvestment and Shaping Our Future Act - Amends the Internal Revenue Code to increase the standard deduction for joint returns and surviving spouses to twice the amount of such deduction available to single individuals who are not married, head of household, or a surviving spouse. (Sec. 3) Excludes from gross income up to $200 ($400 joint return) of certain interest and domestic dividends. Sets forth related provisions with respect to: (1) regulated investment companies and real estate investment trusts; (2) trust distributions; and (3) nonresident aliens. (Sec. 4) Allows a deduction for 100 percent of the health insurance costs of self-employed persons. (Current law provides for a phased-in increase from 40 percent in 1997 to 100 percent in 2007). (Sec. 5) Allows eligible educational institutions to maintain qualified tuition programs.
Bill· HRH.R. 3091 (105th)referred
United States · United States Congress · 27 January 1998
Amends the Congressional Budget Act of 1974 to require, if the budget for the current year or the fiscal year preceding such year was not in surplus, a vote of at least two-thirds of the Members voting for passage of any legislation that repeals, increases, or waives any discretionary spending limit set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or repeals or waives pay-as-you-go sequestration of such Act.
Resolution· HRESH.Res. 340 (105th)referred
United States · United States Congress · 27 January 1998
Expresses the sense of the House of Representatives that any budget surplus that is achieved between now and the end of FY 2002 should not be spent, but rather saved for investment in the old-age, survivors, and disability insurance program under title II of the Social Security Act.
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