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Bill· HRH.R. 3130 (106th)referred
United States · United States Congress · 21 October 1999
TVA Financial Integrity Act of 1999 - Amends the Tennessee Valley Authority Act of 1933 to reduce in annual increments the amounts authorized for the bonds for financing program. Requires the Tennessee Valley Authority (TVA) to: (1) certify annually to a specified congressional committee that its cumulative indebtedness is less that its designated bond authorization; and (2) provide on the face of its bonds a disclaimer stating that the U.S. General Accounting Office has determined that the TVA level of indebtedness may impair its future financial flexibility, that Congress has expressly disclaimed any support for such indebtedness, and that the sole means for payment comes only from the TVA Power Program. (Sec. 2) Prohibits TVA from: (1) marketing or representing such bonds as being backed by the United States; or (2) making contracts for the sale or delivery of power which would have the effect of making TVA a power supply source outside the area for which it was the primary source on July 1, 1957. Denies such bonds any special status or protection under law. Sec. 3) Subjects TVA to Federal antitrust law jurisdiction. (Sec. 4) Prohibits TVA from making any contract that has the effect of making it a source of power supply to a retail customer that will consume the power within an area assigned by State law to a distributor, unless: (1) the customer was a retail customer of TVA as of January 1, 1998; (2) the distributor is purchasing firm power from TVA in an amount equal to at most 50 percent of its total retail sales; and (3) the customer elects to continue such purchases. Prohibits TVA from offering long-term, firm power to a new customer under conditions more favorable than those offered to any distributor for comparable power supply. (Sec. 5) Prohibits TVA from charging power customers to recover expenses incurred in its conduct of foreign operations or activities. (Sec. 6) Provides that TVA shall be deemed "a corporation, a public utility, and an electric utility", for purposes of the Federal Power Act. (Sec. 7) Prohibits TVA from providing construction equipment, contracting, and engineering services except under specified circumstances. Mandates that all proceeds received from TVA disposition of used construction equipment be applied to reduction of its debt. (Sec. 8) Sets forth prerequisites governing TVA acquisition, construction, maintenance or ownership of any major generating resource. Authorizes TVA to submit to the jurisdiction and taxing authority of State and local governments relating to new major generating resources, as well as State and local regulatory authority respecting power generation and supply. Sets forth a statutory formula to provide for taxation equivalency between TVA and private industry with respect to State, local and Federal tax liability. Requires TVA to compensate the Federal Treasury for the support given to TVA bonds by virtue of its status as a Federal corporation. Mandates that the Federal Energy Regulatory Commission determine the amounts due and transmit its determination as final and binding upon TVA, without opportunity for judicial review. (Sec. 9) Subjects TVA to the same legal and regulatory requirements over its operations as apply generally to electric utility companies. Provides that to the extent TVA makes any contract that has the effect of making it a power supply source, its eminent domain authority may not be exercised for facilities construction or acquisition.
Bill· HRH.R. 3127 (106th)referred
United States · United States Congress · 21 October 1999
Estate Tax Reduction and Simplification Act of 1999 - Amends the Internal Revenue Code to increase the unified estate tax credit deduction to $3 million.
Bill· HRH.R. 3128 (106th)referred
United States · United States Congress · 21 October 1999
Police Security Protection Act - Amends the Internal Revenue Code to allow a credit for 100 percent of the cost of an armored vest purchased by a law enforcement officer or a private security officer.
Bill· HRH.R. 3124 (106th)referred
United States · United States Congress · 21 October 1999
Public Safety Tax Cut Act - Amends the Internal Revenue Code to: (1) provide a $1,000 tax credit for full-time police officers and firefighters; and (2) exclude from gross income the value of any public services benefits (water, sewer, trash pickup, and other similar services) received by a public safety volunteer (a volunteer firefighter or volunteer auxiliary police officer).
Bill· HRH.R. 3120 (106th)referred
United States · United States Congress · 21 October 1999
Amends the Internal Revenue Code to eliminate the 60-month limit on student loan interest deductions and increase the income limitation on student loan deductions. Permits private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Excludes qualified distributions from such accounts from gross income. Excludes from gross income certain amounts received under the National Health Corps Scholarship Program, the Armed Forces Health Professions Scholarship and Financial Assistance Program, the National Institutes of Health Undergraduate Scholarship Program, or any similar State program. Extends the termination date for the exclusion of employer provided educational assistance provisions. Modifies arbitrage rebate rules applicable to public school construction bonds. Amends the Internal Revenue Code to eliminate the two percent floor on miscellaneous itemized deductions for the qualified professional development expenses of elementary and secondary school teachers.
Bill· SS. 1755 (106th)open
United States · United States Congress · 20 October 1999
Mobile Telecommunications Sourcing Act - Amends the Communications Act of 1934 to add provisions relating to State and local taxation on mobile telecommunications services (mobile services) and set forth exceptions. States that all charges for mobile services provided by the customer's home service provider (provider) are authorized to be subject to tax, charge, or fee by the taxing jurisdictions whose territorial limits encompass such customer's place of primary use, regardless of where the mobile services originate, pass through, or terminate. Prohibits any other taxing jurisdiction from imposing a tax, charge, or fee for such mobile services. Provides tax limitations. Authorizes a State to provide an electronic database to a provider, or allows a designated database provider to provide such database to a provider. Requires such database to designate the appropriate taxing jurisdiction identified by one nationwide standard numerical code. Outlines additional database requirements. Requires a State or database provider to provide notice of the availability of such database in that taxing jurisdiction. Holds a provider harmless if neither a State nor designated database provider provides such a database, as long as the provider employs an enhanced zip code to assign each street address to a specific taxing jurisdiction for each appropriate level of taxation and exercises due diligence to ensure that such information is correct. Outlines procedures to be undertaken by a provider when the enhanced zip code overlaps boundaries of taxing jurisdictions. Terminates the exclusion from liability of a provider acting in such manner on the later of: (1) 18 months after the nationwide standard numeric code has been approved; or (2) six months after that State or designated database provider provides the database for such use. Authorizes a taxing jurisdiction, or a State acting on behalf of any taxing jurisdiction within such State, to take appropriate action to correct erroneous data concerning a customer's place of primary use. Makes a provider responsible for obtaining and maintaining each customer's place of primary use for tax purposes. Allows the provider, for two years after the enactment of this Act with respect to existing service contracts, to treat the customer billing address as that customer's place of primary use. Excludes the Federal Communications Commission from jurisdiction over the interpretation, implementation, or enforcement of this Act.
Bill· SS. 1758 (106th)referred
United States · United States Congress · 20 October 1999
Alliance with Colombia and the Andean Region (ALIANZA) Act of 1999 - Title I: United States Policy and Personnel - Sets forth U.S. policy regarding support for democracy, peace, rule of law, and human rights in Colombia. (Sec. 102) Directs the President to report to the appropriate congressional committees and the Caucus on International Narcotics Control of the Senate on the current U.S. policy and strategy regarding U.S. counter narcotics assistance for Colombia and the front line states (Bolivia, Brazil, Ecuador, Panama, Peru, and Venezuela). (Sec. 103) Sets forth certain conditions and limitations on the availability of U.S. assistance to Colombia. (Sec. 105) Expresses the sense of Congress that: (1) U.S. anti-drug assistance to Colombia depends on unimpeded access by Colombia law enforcement officials to all areas of Colombia; (2) the Government of Colombia and governments of the front line states should ensure that narcotics traffickers that are indicted in the United States are arrested and prosecuted and, upon the request of the U.S. Government, extradited to the United States for trial for their egregious offenses against the U.S. people; (3) the President should designate a special coordinator on Colombia to coordinate efforts to implement a comprehensive regional strategy to maximize international political and financial support for Colombia and the front line states; (4) the Government of Colombia should resolve the case of the three U.S. citizens killed in Colombia in March 1999; and (5) links between members of Colombian irregular forces and members of Colombian security forces are deeply troubling and counter-productive in the effort to combat drug trafficking and the prevention of human rights violations. (Sec. 107) Directs the President to report to the appropriate congressional committees detailing additional personnel requirements of the U.S. Mission in Colombia that are necessary to implement this Act. Authorizes appropriations. Title II: Activities Supported - Subtitle A: Democracy, Peace, the Rule of Law, and Human Rights in Colombia - Authorizes the President to support programs and activities to advance democracy, peace, the rule of law, and human rights in Colombia. Authorizes appropriations. (Sec. 202) Expresses the sense of Congress that: (1) the U.S. Government should provide assistance to forcibly displaced Colombian persons and that the Government of Colombia should support their return home; and (2) the President is authorized to support the efforts by the Attorney General of Colombia to investigate and prosecute members of Colombian irregular forces and members of Colombian security forces involved in the production or trafficking in illicit drugs and gross violations of internationally recognized human rights. Authorizes appropriations. (Sec. 205) Directs the Secretary of State, with specified exceptions, to deny a visa to, and the Attorney General not to admit to the United States, any alien who the Secretary has credible evidence: (1) is a person who is or was an illicit drug trafficker in Colombia; or (2) ordered carried out gross violations of internationally recognized human rights there. Subtitle B: Eradication of Drug Production and Interdiction of Drug Trafficking - Authorizes the President to support programs and activities by the Government of Colombia (including its security forces) to: (1) target eradication and law enforcement activities in areas of new cultivation of coca and opium poppy; (2) reinvigorate a nationwide program to interdict shipments of illicit drugs in Colombia; and (3) support anti-drug law enforcement activities by the National Police and Navy of Colombia nationwide. Authorizes appropriations. (Sec. 215) Authorizes the President to support programs and activities by the U.S. Government, the Government of Colombia, and the governments of the front line states to enhance interdiction of illicit drugs in that region. Authorizes appropriations. (Sec. 216) Amends the National Defense Authorization Act for Fiscal Year 1998 to provide additional assistance for counter-drug activities in Colombia and Peru. (Sec. 217) Expresses the sense of Congress with respect to U.S. counter narcotic assistance to Brazil. (Sec. 218) Authorizes appropriations for the Department of Defense and the Department of State to monitor the use of U.S. assistance by the Colombian armed forces. (Sec. 219) Expresses the sense of Congress with respect to the development of economic alternatives to the illicit drug trade. Authorizes appropriations (earmarking amounts to Colombia, Bolivia, and Peru).
Bill· HRH.R. 3119 (106th)referred
United States · United States Congress · 20 October 1999
Amends the Internal Revenue Code to exclude from gross income certain stipends paid as part of a State program under which individuals 60 years or older perform qualifying volunteer services.
Resolution· HRESH.Res. 337 (106th)passed
United States · United States Congress · 20 October 1999
Waives points of order against the consideration of the conference report on H.R. 2466 (Department of the Interior and related agencies appropriations).
Bill· SS. 1751 (106th)referred
United States · United States Congress · 19 October 1999
Citizens' Right to Know Act of 1999 - Amends the Federal Election Campaign Act of 1971 with regard to reports to: (1) establish guidelines for required disclosure on the Internet of certain new information as well as certain information currently required to be disclosed under FECA, including new information on aggregate political committee contributions received and expenditures made during the election cycle for the office which the candidate is seeking; (2) place certain restrictions on the use of such information; and (3) require each report to disclose the identity of political party committee contributors. Amends the Communications Act of 1934 to require disclosure of certain broadcasting records with regard to a Federal election. Amends FECA to modify contribution limits, increasing them for any candidate and his authorized political committees, as well as political committees established and maintained by a national political party. Sets a separate specified limit for political committees established and maintained by a State committee of a political party. Increases the aggregate limit for an individual in any calendar year. Excludes from definitions of contribution and expenditures certain administrative costs of a political party committee. Amends the Internal Revenue Code to allow a tax deduction for certain political contributions. Outlines requirements for voluntary, annual disclosure of disbursements by certain organizations for political activity, including voter registration, voter identification, and get-out-the-vote activities. Treats personal services provided without charge in coordination with a political committee as a contribution.
Bill· HRH.R. 3101 (106th)referred
United States · United States Congress · 19 October 1999
Authorizes farmers and ranchers in designated drought disaster areas (as defined in this Act) to use certain conservation reserve land for 1999 haying and grazing.
Bill· HRH.R. 3099 (106th)referred
United States · United States Congress · 19 October 1999
Amends the Internal Revenue Code with respect to the tax rules on expatriation.
Bill· HRH.R. 3102 (106th)referred
United States · United States Congress · 19 October 1999
Amends the Internal Revenue Code to eliminate foreign base company shipping income from inclusion as foreign base company income. Revises the definition of "shipping income" with respect to the application of the foreign tax credit.
Resolution· HRESH.Res. 335 (106th)passed
United States · United States Congress · 19 October 1999
Waives points of order against the consideration of the conference report on H.R. 2670 (Departments of Commerce, Justice, and State, the Judiciary, and related agencies appropriations).
Bill· HRH.R. 3097 (106th)referred
United States · United States Congress · 18 October 1999
Private Enterprise Protection Act - Amends the Internal Revenue Code to prohibit the classification as a "private activity bond" of any bond from which more than the lesser of five percent of the proceeds or $1 million will be used to finance the construction, rehabilitation, or expansion of a "disqualified facility." Defines such facility.
Bill· HRH.R. 3096 (106th)referred
United States · United States Congress · 18 October 1999
Stop Tax-Exempt Arena Debt Issuance Act - Amends the Internal Revenue Code to treat certain bonds used directly or indirectly for financing professional sports facilities as private activity bonds and not as qualified bonds, except for certain approved projects, facilities with final bond resolutions, and current refundings.
Law· HJRESH.J.Res. 71 (106th)enacted
United States · United States Congress · 18 October 1999
Extends the law making continuing appropriations for FY 2000 through October 29, 1999. Provides that funds shall be available and obligations for mandatory payments due on or about November 1, 1999, may continue to be made.
Resolution· HRESH.Res. 333 (106th)passed
United States · United States Congress · 18 October 1999
Provides that the House of Representatives disagrees to the Senate amendment on H.R. 3064 (District of Columbia appropriations) and agrees to the conference requested by the Senate.
Resolution· HRESH.Res. 334 (106th)passed
United States · United States Congress · 18 October 1999
Sets forth the rule (closed) for the consideration of H.J. Res. 71 (continuing appropriations).
Bill· SS. 1732 (106th)referred
United States · United States Congress · 14 October 1999
Amends the Internal Revenue Code to prohibit certain allocations of S corporation stock held by an employee stock ownership plan.
Bill· SS. 1726 (106th)referred
United States · United States Congress · 14 October 1999
Indian Tribal Government Unemployment Compensation Act Tax Relief Amendments of 1999 - Amends the Internal Revenue Code to treat employment by federally recognized tribal governments, for unemployment compensation tax purposes, in the same manner as employment by State or local units of government or nonprofit organizations.
Bill· HRH.R. 3081 (106th)open
United States · United States Congress · 14 October 1999
Wage and Employment Growth Act of 1999 - Title I: Amendments to Fair Labor Standards Act of 1938 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently, $5.15 per hour) to: (1) $5.48 an hour during the year beginning on April 1, 2000; (2) $5.81 an hour during the year beginning on April 1, 2001; and (3) $6.15 an hour during the year beginning on April 1, 2002. (Sec. 101) Repeals the exclusion from (thus includes in) the meaning of regular rate of remuneration any sums paid as gifts, or in the nature of gifts made at Christmas time or on other special occasions (bonuses). (Sec. 102) Exempts from minimum wage and overtime requirements: (1) certain network or database analysts, designers, and developers, including any whose primary duty is the management or training of employees performing specified duties related to computer systems or software design, or development; (2) certain sales employees with specialized or technical product or service knowledge and a detailed understanding of customer needs, who earn at least one-and-a-half times the minimum wage, plus commissions, and meet other specified requirements; and (3) licensed funeral directors and embalmers. Title II: Small Business Provisions - Amends the Internal Revenue Code (the Code) to increase a self-employed individual's deduction for the health insurance costs of self and family to 100 percent. Denies such deduction only for any month the individual actually participates in an employer-subsidized health plan (currently, for any month the individual is eligible to participate). (Sec. 202) Increases to $30,000 the aggregate cost taken into account for the option to expense certain depreciable business assets of small businesses. (Sec. 203) Increases from 50 percent to: (1) 55 percent in 2001 and after 2001 to 60 percent the deduction for meal and entertainment expenses for small businesses; and (2) 80 percent the deduction of business meal expenses for individuals subject to Federal limitations on hours of service. (Sec. 205) Repeals specified occupational taxes relating to distilled spirits, wine, and beer. Revises the record-keeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person but a wholesale liquor dealer (excluding a wholesale dealer exclusively in beer) subject to specified record-keeping requirements. Title III: Pension Provisions - Subtitle A: Expanding Coverage - Increases limits on benefits and contributions under qualified pension plans. (Sec. 302) Amends the Code and the Employee Retirement Income Security Act of 1974 (ERISA) with regard to the tax on prohibited transactions, and in particular certain transactions involving trusts which are part of an owner-employee plan, and which are not exempted from the tax. Limits the meaning of owner-employee, with respect to any non-exempt loan of any part of the corpus or income of a plan to an owner-employee or family member (subchapter S owner, partner, or sole proprietor), to: (1) a participant or beneficiary of an individual retirement plan; or (2) an employer or association of employees which establishes such a plan. (Sec. 303) Modifies top-heavy rules. Redefines certain key employees to: (1) eliminate the ten employees each of whom earns over $30,000 per year and owns the largest interests in the employer; and (2) include an officer of the employer earning more than $150,000 per year. Provides that employer matching contributions shall be taken into account for minimum contribution requirements. Declares that aggregate distributions during the last year (or, for in-service distributions, during the past five years) shall be taken into account when determining: (1) the present value of the cumulated accrued benefit for any employee; or (2) the amount of any employee's account. Excludes from the meaning of top-heavy plan any plan which consists solely of: (1) a cash or deferred arrangement using certain alternative methods of meeting nondiscrimination requirements; and (2) matching contributions which meet certain requirements of a specified additional alternative method of satisfying nondiscrimination tests. Exempts from the minimum benefit requirement, and determination of any employee's years of service with an employer, any service with an employer occurring during a plan year when the plan benefits no current or former employee (frozen plan). Declares that, with respect to top-heavy plans, determination of constructive stock ownership by a five-percent owner shall disregard family attribution requirements. (Sec. 304) Exempts elective deferrals of employer contributions not includable in an employee's gross income from specified limitations on an employer's deductions for such contributions to an employees' trust or annuity plan and compensation under a deferred payment plan. (Sec. 305) Repeals coordination requirements for deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 306) Eliminates the user fee for requests to the Internal Revenue Service (IRS) for determination letters with respect to the qualified status of any pension plan maintained solely by one or more eligible employers or any trust which is a part of the plan. (Sec. 307) Subjects participant's compensation to specified limits on deductions for employer contributions. (Sec. 308) Establishes an option to treat employee elective deferrals as qualified plus contributions (which shall not, however, be excludable from gross income). (Sec. 309) Amends ERISA to set the Pension Benefit Guaranty Corporation (PBGC) insurance premium rate at $5 for each individual plan participant in the case of a new single-employer plan maintained by a small employer. (Sec. 310) Provides for reductions of additional PBGC premiums for new and small plans. Subtitle B: Enhancing Fairness for Women - Amends the Code to allow eligible participants age 50 or over to make additional elective deferrals (catch-up contributions) in any plan year according to a schedule of percentage increments (from ten percent to 50 percent) between 2001 and 2005 and thereafter. (Sec. 322) Increases from 25 percent to 100 percent of compensation (up to $30,000) the maximum allowable annual addition to a participant's plan account. (Sec. 323) Provides for faster vesting of certain employer matching contributions. (Sec. 324) Directs the Secretary of the Treasury (Secretary) to simplify and finalize the regulations relating to specified minimum distribution requirements, and modify them to: (1) reflect current life expectancy; and (2) revise the required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. (Sec. 325) Amends the Code to provide for distribution or payment (division of benefits) from an eligible deferred compensation plan upon divorce. (Sec. 326) Directs the Secretary to revise the hardship distribution regulations to provide that six months is the period an employee is prohibited from making elective and employee contributions in order for a distribution to be deemed necessary to satisfy financial need (safe harbor relief for hardship withdrawals from cash or deferred arrangements). Subtitle C: Increasing Portability for Participants - Amends the Code to provide for rollovers among various specified kinds of plans. Revises the requirements for tax-exempt rollovers of individual retirement accounts (IRAs) into eligible (workplace) retirement plans. (Sec. 333) Exempts from certain limitations on the amount of a tax-exempt rollover from an exempt trust: (1) any portion of a distribution transferred in a direct trustee-to-trustee transfer to a qualified trust in a defined contribution plan, which is also separately accounted for; and (2) any portion transferred to an eligible retirement plan. (Sec. 334) Provides a hardship exception to the requirement that a tax-exempt rollover be made within 60 days after distribution. (Sec. 335) Amends the Code and ERISA to revise the treatment of a plan as failing to meet minimum vesting standards if a participant's accrued benefit is decreased by amendment of the plan. Declares that a defined contribution plan shall not be treated as failing to meet such requirements merely because the transferee plan does not provide some or all of the forms of distribution previously available under another defined contribution plan in specified circumstances. (Sec. 336) Revises certain restrictions on distributions from qualified cash or deferred arrangements. Eliminates a corporation's disposition of assets or of an interest in a subsidiary as events for which lump-sum distributions are covered (while retaining termination of a plan as a covered event). Changes separation from service to severance from employment as a threshold event for the covered distribution of amounts from a qualified cash or deferred arrangement. (Sec. 337) Excludes from gross income any amount transferred to a defined benefit governmental plan in a direct trustee-to-trustee transfer if it is for: (1) purchase of a permissive service credit; or (2) a repayment of cash-outs to which certain limitations on contributions do not apply. (Sec. 338) Amends the Code and ERISA with respect to restrictions on certain mandatory distributions to allow employers to disregard rollover contributions when determining the present value of nonforfeitable accrued benefits for cash-out purposes. (Sec. 339) Amends the Code, with respect to deferred compensation plans of State and local governments and tax-exempt organizations, to repeal certain additional minimum distribution requirements. Revises requirements for inclusion of deferred compensation in a participant's gross income to limit the taxable year: (1) to the taxable year in which the compensation or income is paid to the participant in the case of a State or local government; and (2) to the taxable year in which the compensation or income is paid or otherwise made available to the participant or other beneficiary in the case of a tax-exempt organization. Subtitle D: Strengthening Pension Security and Enforcement - Amends the Code and ERISA, with respect to the full-funding limitation, to repeal the 155 percent of current liability funding limit in the case of plan years beginning in 1999 or 2000. Sets the applicable percentage of current liability at 160 percent in 2001, 165 percent in 2002, 170 percent in 2003, and nothing afterwards. (Sec. 342) Revises the special rule for an employer's maximum deductible contribution to change the minimum amount, for plans with more than 100 participants, from the unfunded current liability to the unfunded termination liability. Excludes from termination liability, for plans with under 100 participants, any liability attributable to benefit increases for highly compensated employees resulting from a plan amendment made or effective within the last two years before the termination date. (Sec. 343) Amends ERISA with respect to transfer to the PBGC of a missing participant's benefits upon termination of a single-employer plan. Requires the PBGC to prescribe for ipmultiemployer plans missing participant benefit transfer rules similar to those for single-employer plans. Authorizes the plan administrator of a pension plan not otherwise subject to ERISA to elect to transfer to the PBGC a missing participant's benefits upon plan termination. (Sec. 344) Revises the requirements for periodic pension benefits statements. (Sec. 345) Changes from mandatory to discretionary the Secretary of Labor's authority to assess civil penalties against fiduciaries or other persons. Changes the penalty amount from 20 percent of the applicable recovery amount to any amount up to 20 percent of the applicable recovery amount. Revises the meaning of applicable recovery amount. Makes a person jointly and severally liable for the penalty to the same extent that such person is jointly and severally liable for the applicable recovery amount on which the penalty is based. Conditions the assessment of any penalty upon notice to the person and the opportunity for a hearing on the violation and the applicable recovery amount. (Sec. 346) Amends the Code with respect to the excise tax on nondeductible contributions to a qualified employer plan. Allows an employer, in determining the amount of nondeductible contributions, to elect not to take into account any contributions to a defined benefit plan except to the extent they exceed the full-funding limitation. (Sec. 347) Establishes an excise tax (of $100 per applicable individual per day) on a defined benefit plan for failing to give notice to participants of any plan amendment providing for a significant reduction in the rate of future benefit accrual. (Sec. 348) Amends the Taxpayer Relief Act of 1997 with respect to certain limitations on investment in employer securities and employer real property by cash or deferred arrangements. Exempts from such limitations any elective deferral invested in assets consisting of qualifying employer securities, qualifying employer real property, or both, if such assets were acquired before January 1, 1999. (Sec. 350) Amends ERISA to require the convening of a National Summit on Retirement Income Savings at the White House in September 2009. Authorizes the Secretary of Labor to enter into a cooperative agreement with the American Savings Education Council with respect to the planning and operation of such Summit. Revises and adds to the list of required participants in the Summit. Repeals the limitation of additional Summit participants to 200. Provides for presidential appointment of over 100 participants, according to specified rules. Grants the Secretary of Labor reception and representation authority limited specifically to Summit events. (Sec. 351) Directs the Secretary of Labor to develop model language for: (1) the spousal consent required to waive the qualified joint and survivor annuity benefit or qualified preretirement survivor annuity benefit; and (2) a qualified domestic relations order with regard to alternate payees. (Sec. 352) Bars the Secretary of Labor, in certain circumstances (except when the Secretary files a complaint before final court approval of a settlement), from litigating class action or derivative action claims already resolved by a court-approved settlement agreement. Subtitle E: Reducing Regulatory Burdens - Amends the Code and ERISA, with respect to annual valuation of a plan's liability, to require actual valuation only once every three years of a plan whose assets are at least 125 percent of its current liability. Permits use of prior year valuations for any two consecutive plan years, so long as an actual valuation takes place in the third year. (Sec. 362) Amends the Code to allow the reinvestment in qualifying employer securities of any employee stock ownership plan dividend paid by a C corporation, without loss of the corporation's deduction from gross income. (Sec. 363) Amend the Tax Reform Act of 1986 to repeal the transition rule relating to certain highly compensated employees. (Sec. 364) Directs the Secretary to modify Treasury Regulations to provide that employees of tax-exempt organizations who are eligible to make contributions under a salary reduction agreement may be treated as excludable from a 401 (k) plan or 401 (m) plan if: (1) no such employee is eligible to participate in such 401(k) plan or 401(m) plan; and (2) 95 percent of other employees are eligible to participate in such a plan. (Sec. 365) Amends the Code to make a fringe benefit exclusion from gross income of any qualified retirement planning services provided to an employee and his spouse by an employer maintaining a qualified employer plan. (Sec. 366) Directs the Secretary to modify the annual return filing requirements for one-participant retirement plans (covering only the employer and spouse where the employer owns the entire business, or only one or more partners and spouses in a business partnership) to ensure that any plans with assets of $250,000 or less as of the close of the plan year need not file a return for that year. (Sec. 367) Directs the Secretary of the Treasury to continue to update and improve the Employee Plans Compliance Resolution System (or any successor program), giving special attention to certain tasks. (Sec. 368) Amends ERISA, with respect to limitations on the guarantee of single-employer plan benefits, to rename a "substantial owner" a "majority owner," who owns either the entire interest in an unincorporated trade or business, or: (1) 50 percent or more (currently more than ten percent) of either the capital interest or the profits interest in a partnership; or (2) 50 percent or more (currently more than ten percent) in value of either the voting stock of a corporation or all its stock. Revises the formula for the amount of benefits guaranteed for a majority owner of a plan which is in effect for less than 60 months when the plan terminates. Prescribes priorities for the allocation of assets to benefits when the assets available for the initial allocation are insufficient to satisfy in full the accrued benefits of all the individuals derived from their contributions. (Sec. 369) Amends the Code to repeal the restriction to situations where vouchers are not available of the exclusion from gross income of cash reimbursements as a qualified transportation fringe. (Sec. 370) Repeals the Secretary is mandate, with respect to the nondiscrimination test for matching contributions and employee contributions, to prescribe regulations to prevent the multiple use of the alternative limitation for any highly compensated employee. (Sec. 371) Directs the Secretary to provide that a plan shall be deemed to satisfy nondiscrimination requirements if it satisfies the facts and circumstances test as in effect before January 1, 1994, but only if: (1) it satisfies conditions prescribed by the Secretary to appropriately limit the availability of such test; and (2) it is submitted to the Secretary for a determination of whether it satisfies such test. Revises minimum coverage requirements to allow a plan that otherwise fails to meet such requirements to constitute a qualified plan if it meets certain requirements that were in effect immediately before enactment of the Tax Reform Act of 1986. (Such requirements stated that the plan must at least benefit employees qualifying under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are officers, shareholders, or highly compensated.) Directs the Secretary to modify certain existing regulations with respect to employers operating separate lines of business to expand the ability of a pension plan to demonstrate compliance with the line of business requirements based upon the facts and circumstances surrounding the design and operation of the plan, even though the plan is unable to satisfy the mechanical tests currently used to determine compliance. (Sec. 372) Amends the Taxpayer Relief Act of 1997 to extend to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local governmental plans. (Sec. 373) Increases from 90 to 180 days certain notice and consent periods regarding distributions. Directs the Secretary to modify certain consent regulations to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 374) Amends ERISA to revise the requirement that a plan administrator furnish an annual report to each participant to permit the administrator to furnish such reports only upon each participant's request. (Sec. 375) Revises the definition of excess benefit plan. (Sec. 376) Directs the Secretary of Labor to modify a certain regulation to provide that, except in the case of employment, after commencement of benefit payments, with a former employer, any required benefit suspension notice: (1) may be included in the summary plan description rather than in a separate notice; and (2) need not include a copy of the relevant plan provisions. (Sec. 377) Declares that, for purposes of determining the status under State insurance law of a church plan that is a welfare plan, such church plan (and any trust under it) shall be deemed a single-employer plan that: (1) reimburses costs from general church assets; (2) purchases insurance coverage with general church assets; or (3) both. Defines the term "reimbursing costs from general church assets" to mean engaging in a practice that does not have the effect of transferring or spreading risk. Subtitle F: Plan Amendments - Presribes application requirements for plan or contract amendments. Title IV: Extension of Work Opportunity Credit and Welfare-to-Work Credit - Amends the Code to extend from June 30, 1999, through December 31, 2001, the employer's work opportunity credit and welfare-to-work credit. (Sec. 401) Revises the exclusion from the work opportunity credit of wages paid to an employer's nonqualifying rehires to repeal the restriction of such exclusion to individuals previously employed by the employer at any time during which the individual was not a member of a targeted group (thus extending such exclusion to any individuals previously employed by the employer, regardless of whether they were or were not members of a targeted group.) Title V: Estate Tax Relief - Subtitle A: Reductions of Estate and Gift Tax Rates - Amends the Code to repeal the two highest estate tax brackets and replace them with a top bracket of "Over $2,500,000", for which the estate tax rate shall be $1,025,800, plus 50% of the excess over $2,500,000. Repeals the phase out of graduated rates and the unified credit. Requires additional reductions in estate and gift tax rates of one percent for calendar year 2003 and two percent for calendar year 2004 and thereafter. Subtitle B: Unified Credit Replaced With Unified Exemption Amount - Repeals the unified credits against the estate and gift taxes, and replaces them with a unified exemption amount, determined by specified formulae involving amounts ranging from $675,000 in calendar 2001 up to $1 million in calendar 2006 and thereafter. Grants a $60,000 exemption to the estate of a nonresident, non-U.S. citizen, with specified variations for residents of U.S. possessions. Subtitle C: Modifications of Generation-skipping Transfer Tax - Declares that, if any individual makes an indirect skip during such individual's lifetime, any unused portion of such individual's generation-skipping transfer (GST) exemption shall be allocated to the property transferred to the extent necessary to make the inclusion ratio for such property zero. Requires allocation to the property transferred of the entire unused portion if the amount of the indirect skip exceeds such unused portion. (Sec. 522) Declares that, if a trust is severed in a qualified severance, the trusts resulting from such severance shall be treated as separate trusts thereafter. (Sec. 523) Revises valuation rules for gifts for which a gift tax return was filed or deemed allocation made. Provides that, if an allocation of the GST exemption to any transfers of property is deemed to have been made at the close of an estate tax inclusion period, the value of the property shall be its value at such time. (Sec. 524) Directs the Secretary to prescribe circumstances and procedures under which extensions of time will be granted to make an allocation of GST exemption or an election not to apply specified allocation requirements to certain lifetime direct skips, indirect skips, or transfers to a particular trust. Subtitle D: Conservation Easements - Redefines land subject to a qualified conservation easement to mean land, on the decedent's date of death, located in or within: (1) 50 miles (currently, 25 miles) of a metropolitan area; (2) 50 miles (currently, 25 miles) of a national park or wilderness area.; or (3) 25 miles (currently, ten miles) of an Urban National Forest. Title VI: Tax Relief for Distressed Communities and Industries - Subtitle A: American Community Renewal Act of 1999 - 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 15 renewal communities, of which at least three shall be in rural areas. (Sec. 602) 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. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax deduction; (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. 605) 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. Subtitle B: Timber Incentives - Amends the Code, with respect to the deductible amortization of reforestation expenditures, to increase the limitation on the aggregate amount of amortizable basis acquired during the taxable year from $10,000 to $25,000 (and from $5,000 to $12,5000 in the case of a separate return by a married individual) but suspends the application of such limitation between December 31, 1999 and January 1, 2004. Title VII: Real Estate Provisions - Subtitle A: Improvements in Low-Income Housing Credit - Amends the Code, with respect to the low-income housing credit, to revise the formula for the State housing credit ceiling. Replaces the set multiplicand of $1.25 (to be multiplied by the State population) with a graduated applicable multiplicand rising from $1.35 for calendar year 2000 to $1.75 for calendar year 2004 and thereafter, and a maximum product of $2 million. Provides for cost-of-living adjustments to the State ceiling. (Sec. 702) Revises the housing priority selection criteria a housing credit agency must use to develop a qualified plan for allocating housing credit dollar amounts among projects. Requires such criteria to include: (1) whether the project would use exisitng housing as part of a community revitalization plan; (2) tenant populations of individuals with children; and (3) projects intended for eventual tenant ownership. Drops from such criteria participation of local tax-exempt organizations. Requires a qualified allocation plan to: (1) give preference in making allocations to projects located in qualified census tracts whose development contributes to a concerted community revitalization plan; and (2) provide a procedure for agency monitoring for noncompliance with habitability standards through regular site visits. (Sec. 703) Requires housing credit agencies to: (1) provide for a comprehensive market study (by a disinterested party, at the developer's expense) of the housing needs of low-income individuals in the area to be served by the project before the credit allocation is made; and (2) make public a written explanation for any allocation of a housing credit dollar amount not made in accordance with the agency's established priorities and selection criteria. (Sec. 704) Revises special rules for the determination of the adjusted basis of buildings eligible for the low-income housing credit. Requires adjusted basis to include property used throughout the taxable year in providing any community service facility designed to serve primarily individuals (even if they are not tenants) whose income is 60 percent or less of area median income. Declares that assistance under the Native American Housing Assistance and Self-Determination Act of 1996 shall be disregarded in determining whether a building is federally subsidized for purposes of the low-income housing credit. (Sec. 705) Revises the definition of a qualified building (placed in service not later than the second calendar year following a housing credit dollar amount allocation) with respect to which the amount of a low-income housing credit may exceed the credit amount allocated to the building. Sets an alternative date for valuation of the taxpayer's actual basis in the project of which the building is a part (where the actual basis is more than ten percent of the taxpayer's reasonably expected basis). Allows the valuation of the actual basis to be as of the later of the date which is six months after the date that the allocation was made or (as currently) the close of the calendar year in which the allocation is made. Revises the formula for determination of the amount of State housing credit ceiling returned in a calendar year to include the dollar amount previously allocated to a project which fails to meet the ten percent test on a date after the close of the calendar year in which the allocation was made. Revises special rules for the increased basis of a building located in certain high cost areas to redefine a qualified census tract to include, as an alternative to existing criteria, a tract with a poverty rate of at least 25 percent. (Sec. 706) Revises the formula for determining unused housing credit carryovers allocated among certain States. Subtitle B: Provisions Relating to Real Estate Investment Trusts - Amends the Code with respect the real estate investment trusts (REITs). Modifies the asset diversification test for a REIT to disregard in calculating the permissible 25 percent of total assets represented by securities any straight debt meeting specified requirements. (Sec. 712) Excludes from impermissible tenant service income (thus including as rents from real property meeting the requirements of a REIT) any amount received or accrued by the REIT for services furnished or rendered, or management or operation provided, through a taxable REIT subsidiary. Sets forth a special rule including in rents from real property, if specified rental and lodging facility requirements are met, any amounts paid to a REIT by a taxable REIT subsidiary. (Sec. 713) Defines taxable REIT subsidiary. (Sec. 714) Disqualifies for the corporate deduction for interest on indebtedness any interest paid or accrued (directly or indirectly) by a taxable REIT subsidiary to the REIT (earnings stripping). (Sec. 715) Imposes on a REIT a tax equal to 100 percent of redetermined rents, redetermined deductions, and excess interest. (Sec. 721) Sets forth a special foreclosure rule for health care properties acquired by a REIT as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease). Requires disregard of income derived or received by a REIT from an independent contractor to the extent it is attributable to: (1) any lease of property in effect on the date the REIT acquired the qualified health care property; or (2) any lease of property entered into after such date if a lease of such property from the trust was in effect on such date, and under the terms of the new lease, the REIT receives a substantially similar or lesser benefit in comparison to the first kind of lease. (Sec. 731) Reduces from 95 percent to 90 percent of REIT income and of the excess of the net income from foreclosure property over the tax on foreclosure property specified components of the formula for determination of the amount of dividend deductions which help establish the taxability of REIT income. Reduces from 95 percent to 90 percent of REIT gross income a specified component of the formula for determining the amount of tax imposed on a REIT for failure to meet certain requirements. (Sec. 741) Requires that only persons who own, directly or indirectly, more than five percent of a certain class of stock regularly traded on an established securities market be taken into account as owning any of the stock of such class for purposes of the 35-percent ownership rule determining whether a person is (under 35-percent ownership) or is not (over 35-percent ownership) an independent contractor for purposes of determining rents from real property, and of the special rules for foreclosure property, with respect to REIT taxation. (Sec. 751) Declares that any distribution by a regulated investment company (RIC) made in order to comply with certain tax requirements shall be treated as made from the earliest earnings and profits accumulated in any taxable year to which certain other requirements did not apply (non-RIC year) rather than the most recently accumulated earnings and profits. Subtitle C: Private Activity Bond Volume Cap - Provides for an accelerated phase-in of specified increases in the volume cap on private activity bonds. Subtitle D: Exclusion From Gross Income for Certain Forgiven Mortgage Obligations - Excludes from gross income the discharge of qualified residential indebtedness, that is, the excess (if any) of the outstanding principal amount of such indebtedness (immediately before discharge), over the sum of any sales proceeds and any other outstanding principal indebtedness secured by such property. Title VIII: Miscellaneous Provisions - Amends the Code with respect to the credit for expenditures to provide access to disabled individuals to include in such credit 50 percent of so much of the eligible bus access expenditures for the taxable year with respect to each eligible bus as exceed $250 but do not exceed $30,250. (Sec. 802) Excludes from an employee's gross income as a scholarship up to $2,000 per taxable year of certain educational benefits provided by an employer to the employee's child. (Sec. 803) Allows a tax credit for 20 percent (up to $20,000) of the qualified wages paid or incurred to each qualified employee during the calendar year (ending with or within the taxable year) by each qualified U.S. independent film and television production.
Bill· HRH.R. 3075 (106th)referred
United States · United States Congress · 14 October 1999
Medicare Balanced Budget Refinement Act of 1999 - Title I: Provisions Relating to Part A - Subtitle A: PPS Hospitals - Amends SSA title XVIII part D (Miscellaneous), as amended by the Balanced Budget Act of 1997 (BBA '97), to provide for a one-year delay in the transition of the indirect teaching adjustment factor (under the prospective payment system (PPS) for hospital outpatient department (OPD) services) to its permanent value on or after October 1, 2001 (currently, on or after October 1, 2000) used in determining an additional payment amount for certain hospitals with indirect costs of medical education. Subtitle B: PPS Exempt Hospitals - Amends SSA title XVIII part D to: (1) limit the target amount for described hospitals that are exempt from PPS payment; and (2) direct the Secretary to provide for an appropriate wage adjustment with regard to such hospitals. (Sec. 112) Provides for increased target amounts in computing payments for long-term care and psychiatric hospitals until development of a PPS for those hospitals. (Sec. 113) Directs the Secretary to develop, implement, and report to Congress on: (1) a per discharge PPS for payment for inpatient hospital services of Medicare long-term care hospitals; and (2) develop a per diem PPS for payment for inpatient hospital services of Medicare psychiatric hospitals. Subtitle C: Adjustments to PPS Payments for Skilled Nursing Facilities - Directs the Secretary, for purposes of computing prospective payments for covered skilled nursing facilities (SNFs), to temporarily increase payments for covered skilled nursing facility services for certain high cost patients. (Sec. 122) Amends SSA title XVIII part D to revise provisions on payment to hospitals for inpatient hospital services to: (1) increase for FY 2001 the SNF unadjusted federal per diem rate; (2) permit a SNF to waive a three year transition period and elect to have the amount of payment for all covered facility costs determined pursuant to the adjusted Federal per diem rate applicable to it; (3) exclude certain additional items and services from being covered facility items and services (thus providing for Medicare part A (Hospital Insurance) pass-through payment for such items and services, including certain ambulance services and chemotherapy items) while ensuring budget neutrality for FY 2001; (4) apply to facilities participating in the Nursing Home Case-Mix and Quality Demonstration Project requirements for determining base payments on a per diem basis; and (5) modify requirements for the first cost reporting period update that is used in determining facility specific per diem rates. Title II: Provisions Relating to Part B - Subtitle A: Adjustments to Physician Payment Updates - Amends SSA title XVIII part B (Supplementary Medical Insurance) to modify provisions on: (1) payment for physicians' services with regard to updates to provide for new guidelines for determining updates for years beginning with 2000; and (2) sustainable growth rate with regard to publication and with regard to the data to be used in determining such updates. Subtitle B: Hospital Outpatient Services - Amends SSA title XVIII part B to revise requirements for the PPS for hospital OPD services to: (1) require the Secretary to provide for a specified outlier adjustment for covered OPD services, as well as transitional pass-through payments for additional costs of "innovative" medical devices, drugs, and biologicals, while ensuring budget neutrality; (3) include medical devices as covered OPD services; (4) allow the Secretary to elect to establish relative payment weights based on mean hospital costs for covered OPD services; (5) limit, generally, the variation of costs of covered OPD services classified within a group for purposes of comparable treatment with respect to the use of resources; (6) change the Secretary's optional periodic review of PPS components to a mandatory annual review; and (7) establish a transitional adjustment in the amount of PPS payment for covered OPD services to limit declining payments under Medicare for such services. Subtitle C: Other - Amends SSA title XVIII to provide for: (1) application of separate currently existing caps for speech-language pathology and for other outpatient physical therapy services on a per beneficiary, per facility basis; (2) optional, limited exemption of certain therapy services facilities from any applicable caps for 2000 and 2001; (3) mandatory annual increases in end stage renal disease dialysis composite rate payment amounts; and (4) revised annual covered item updates for 2001 and 2002 for certain durable medical equipment. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Provides, in the case of a home health agency that furnishes home health services to a Medicare beneficiary, that for each beneficiary furnished such services during the agency's cost reporting period beginning in FY 2000, the Secretary shall, in accordance with specified restrictions, pay the agency a specified amount out of the Medicare trust funds in addition to any other amount of payment to defray agency costs attributable to data collection and reporting requirements under the Outcome and Assessment Information (OASIS) required under BBA '97. (Sec. 302) Amends BBA '97 and Medicare with regard to the PPS for home health services to delay for one year the application of the 15 percent reduction in payment rates for home health services. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for the use of national average per resident payment system in computing payments for direct graduate medical education (DGME) costs. Title IV: Rural Provider Provisions - Amends SSA title XVIII to permit the reclassification of certain urban hospitals as rural ones. (Sec. 402) Ties the standards applied for geographic reclassification of certain rural hospitals to the most recently available census data. (Sec. 403) Revises the critical access hospital program, permitting for-profit hospitals to qualify for designation as a critical access hospital. Provides for an all-inclusive payment option for outpatient critical access hospital services. Eliminates coinsurance payments for clinical diagnostic laboratory tests furnished by a critical access hospital on an outpatient basis. Allows certain currently excluded hospitals to be providers of extended care services. (Sec. 404) Extends for five years the Medicare-dependent, small rural hospital program. (Sec. 405) Mandates rebasing for certain sole community hospitals that elect such treatment, in accordance with specified guidelines with respect to select fiscal year discharges. (Sec. 406) Revises provisions on payments for direct and indirect graduate medical education costs to expand current graduate medical education training programs for hospitals located in rural areas, and to encourage the training of physicians in underserved rural areas. (Sec. 407) Eliminates the requirement for State certification of need and certain restrictions on a hospital with more than 49 beds that provides extended care services. (Sec. 408) Authorizes the Secretary to award grants to assist eligible small rural hospitals in meeting the costs of implementing data systems required to meet Medicare requirements established by BBA '97. (Sec. 409) Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on rural providers under Medicare. Title V: Provisions Relating to Part C (Medicare+Choice Program) - Subtitle A: Medicare+Choice - Amends SSA title XVIII part C (Medicare+Choice) and D (Miscellaneous) to provide for: (1) phased-in new risk adjustment methodology under provisions for payments to Medicare+Choice organizations; (2) increased monthly payments under such provisions for a limited period to encourage the offering of Medicare+Choice plans in certain areas where such a plan has either not been offered or is offered but slated for termination; (3) modification of the five-year reentry rule for Medicare+Choice organizations whose contracts have been terminated; (4) continued annual computation and publication of county-specific per capita fee-for-service expenditure information; (5) enrollment in alternative Medicare+Choice plans and Medicare supplemental health insurance policy (Medigap) coverage in case of involuntary termination of Medicare+Choice enrollment; (6) authorized variation in premium values within a service area if the annual Medicare+Choice capitation rates vary within the area; (7) a delayed deadline for submission of adjusted community rates and related information; (8) extension of Medicare reasonable cost reimbursement contracts under provisions for payments to health maintenance organizations (HMOs) and competitive medical plans; and (9) permission for religious fraternal benefit societies to offer a range of Medicare+Choice plans. (Sec. 510) Directs MEDPAC to report to Congress on specific legislative changes that should be made to make Medicare medical savings account plans a viable option under the Medicare+Choice program. Subtitle B: Social Health Maintenance Organizations (SHMOs) - Amends the Omnibus Budget Reconciliation Act of 1987 to: (1) extend social health maintenance organization (SHMO) demonstration project authority; and (2) replace the current limit on the number of individuals who may participate in a SHMO I or II project site with an aggregate limit for all sites.
Bill· HRH.R. 3073 (106th)referred
United States · United States Congress · 14 October 1999
Fathers Count Act of 1999 - Title I: Fatherhood Grant Program - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to establish fatherhood grant programs for public and private entity projects expressly designed to: (1) promote marriage through counseling, mentoring, disseminating information about the advantages of marriage, enhancing relationship skills, teaching how to control aggressive behavior, and other methods; (2) promote successful parenting through such means, including disseminating information about good parenting practices; and (3) help fathers and their families avoid or leave cash welfare provided under TANF and improve their economic status by providing work first services, job search and training, subsidized employment, career-advancing education, job retention and enhancement, and other methods. Establishes the following interagency panels: (1) the Fatherhood Grants Recommendations Panel to review and make recommendations to the Secretary of Health and Human Services (HHS) on project applications; and (2) the Fatherhood Grants Recommendations Panel for similar purposes. Outlines grant program provisions, which include providing for matching HHS grants. Provides program and panel funding. (Sec. 101) Amends SSA title IV part D (Child Support and Establishment of Paternity) with regard to the collection of past-due support from Federal tax refunds to grant States the authority, under certain conditions, to distribute such collected support to a family that includes a child participating in such a project who has ceased to receive cash TANF payments. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to apply its provisions on services provided by charitable, religious, or private organizations to any entity or project receiving program funds. Title II: Fatherhood Projects of National Significance - Mandates HHS grant programs for a TANF national clearinghouse to assist States, communities, and private entities in efforts to promote and support marriage and responsible fatherhood by collecting, evaluating, and making available (through the Internet and by other means) to all interested parties, information regarding media campaigns and fatherhood programs and multicity fatherhood projects. Provides funding. Title III: Welfare-To-Work Program Eligibility - Amends SSA title IV part A to revise the eligibility criteria for participation in TANF welfare-to-work (WtW) programs with regard to hard-to-employ long-term recipients, noncustodial parents, recipients with characteristics or long-term dependency, children aging out of foster care, and certain other individuals. (Sec. 302) Includes limited vocational educational training as an allowable activity under WtW programs grant fund limitations. (Sec. 304) Eliminates certain reporting requirements under data collection and reporting provisions, while establishing additional reporting requirements under WtW programs grant fund limitations provisions. Title IV: Alternative Penalty Procedure Relating To State Disbursement Units -Amends SSA title IV part D to establish an alternative penalty procedure relating to the non-compliance of State disbursement units for the collection and disbursement of child support payments. Title V: Financing Provisions - Amends SSA title IV part D to direct the Secretary of Education to furnish to the HHS Secretary information in the National Directory of New Hires to assist in the collection of defaulted student loans and grants. (Sec. 502) Amends SSA title IV part A to eliminate the set-aside for successful performance bonus under WtW program grant fund provisions. Reduces FY 1999 WtW program grant appropriations. Title VI: Miscellaneous - Revises provisions for funding evaluation of abstinence education programs, requiring a new interim report to Congress by the HHS Secretary, among other changes with regard to such programs. (Sec. 602) Directs the HHS Secretary to submit a report to Congress on the procedures that States generally use to locate custodial parents for whom child support has been collected but not yet distributed because of an address change. (Sec. 603) Expresses the sense of Congress that the States may use funds provided under TANF to promote fatherhood activities of the type described for fatherhood programs.
Bill· HRH.R. 3085 (106th)referred
United States · United States Congress · 14 October 1999
Discretionary Spending Offsets Act for Fiscal Year 2000 - Title I: Offsets for Discretionary Spending - Subtitle A: Agriculture - Part I: Food Safety Inspection and Enforcement Fees - Amends the Poultry Products Inspection Act to direct the Secretary of Agriculture to charge, with specified exceptions, user fees for poultry and poultry products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at poultry establishments.) (Sec. 111) Revises authorization of appropriation provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Includes fee setting activities within annual reporting requirements. (Sec. 112) Amends the Federal Meat Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for meat, meat products, and livestock inspection and related activities. Revises authorization of appropriations provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Amends the Wholesome Meat Act to include fee setting activities within annual reporting requirements. (Sec. 113) Amends the Egg Products Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for egg products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at official plants.) Removes such activities from covered authorizations of appropriations. Amends the Egg Products Inspection Act to include fee setting activities within annual reporting requirements. (Sec. 114) Makes conforming payment-related amendments to specified Acts. Part II: Assessments Under Tobacco Program - Amends the Agricultural Act of 1949 to require (if price supports are in effect) producer, purchaser, and importer tobacco marketing assessments beginning with the 1999 crop year. Sets forth assessment provisions with respect to: (1) allocations between domestic producers and purchasers of domestically produced tobacco; and (2) required annual collections. Part III: Animal and Plant Health Inspection Service Cost-Share Fees - Amends the Federal Plant Pest Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 132) Amends the Plant Quarantine Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 133) Amends the Animal Welfare Act to direct the Secretary to charge, with specified exceptions for registration and licensing, user fees for registration services. Eliminates quarterly authorization of appropriation caps, and excludes user fee-covered activities from such authorization of appropriations. Part IV: Grain Inspection, Packers, and Stockyard Administration Licensing Fee - Amends the United States Grain Standards Act to state that grain standardization fees shall be collected from persons benefitting from such services, including first purchasers, processors, and grain warehousemen. (Sec. 142) Amends the Packers and Stockyards Act, 1921 to establish license and fee requirements for packers, live poultry dealers, stockyard owners, dealers, and market agencies. Part V: Forest Service Fees - Amends the National Forest Management Act of 1976 to direct the Secretary to implement a timber sale preparation user fee pilot program. (Sec. 152) Requires rental fees for commercial filming on National Forestry System lands to be deposited into a special Treasury fund. Authorizes such fund's use for administration and management of special uses on System lands. (Sec. 153) Amends the National Forest Management Act of 1976 to direct the Secretary to charge fair market value user fees for special products (vegetation or other life forms growing on System lands) collected on System lands. (Sec. 154) Amends the Granger-Thye Act to direct the Secretary to: (1) implement a public-private venture demonstration program to evaluate the feasibility of using non-Federal funds to construct, rehabilitate, and operate federally owned visitor facilities on System lands, and to conduct related environmental analyses; and (2) charge concession fees. Authorizes the Secretary to sell existing System facilities to authorized concessionaires. Provides for the allocation of concession fees and facility sales proceeds on a unit and agency-wide basis. (Sec. 155) Directs the Secretary to charge fair market value user fees for non-ski recreation concessions on System lands and waters. Subtitle B: Commerce - Part I: National Oceanic and Atmospheric Administration Navigation Services Fees - Requires the Secretary of Commerce to establish and adjust user fees for any navigation services provided to commercial marine operators. (Sec. 211) Authorizes a limited amount of offsetting collections from such fees to be appropriated for expenses associated with providing such services. Part II: National Oceanic and Atmospheric Administration Fisheries Management Fees - Directs the Secretary to establish and adjust user fees associated with the U.S. fishing industry. (Sec. 221) Authorizes a limited amount of offsetting collections from such fees to be appropriated for management and enforcement costs associated with domestic fisheries. Part III: Analog Television Service Signal Lease Fee - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to assess and collect lease fees for each fiscal year for the use of an analog television service license by commercial television broadcasters. Requires such fees to be used for upgrading Federal, State, and local public safety wireless communications equipment and facilities. Apportions such fees based upon the population covered by a broadcaster's signal. (Sec. 231) Requires collected fees to be deposited as offsetting receipts in the Treasury and authorizes them to be appropriated. Waives, reduces, or defers fees in any specific instance where such action would promote the public interest. Provides for a penalty of 25 percent of the fee amount for late payment. Subtitle C: Education and Labor - Part I: National Directory of New Hires - Amends the Higher Education Act of 1965 (HEA) to provide for data matching with respect to individual cases of defaulted loans and obligations to refund overpayments of grants under title IV (Student Assistance). (Sec. 311) Directs the Secretary of Education (the Secretary for this subtitle) to match such data, through the Secretary of Health and Human Services (HHS), with that in the National Directory of New Hires (NDNH) established under the Social Security Act. Allows the Secretary to seek such information only as necessary to improve such debt collection. Authorizes the Secretary to use such information to: (1) collect such debt owed by individuals whose annualized wage level exceeds $16,000; and (2) conduct analyses of student loan defaults, after removal of personal identifiers. Allows data disclosure only to a guaranty agency holding the loan obligation, a contractor or agent of such agency or of the Secretary, and the Attorney General. Directs the Secretary to reimburse HHS for additional costs involved in such data matching. Authorizes the Secretary to impose fees on guaranty agencies for reasonable costs of obtaining such information. Amends the Social Security Act to direct the Secretary of HHS to exercise such NDNH data matching and disclosure authority in cooperation with that of the Secretary under HEA. Revises the Child Support Performance and Incentive Act of 1998 to make certain penalties for misuse of information applicable to all persons. Part II: Recall of Federal Reserves Held by Guaranty Agencies - Amends HEA title IV to direct the Secretary to recall from the Federal Student Loan Reserve Funds held by guaranty agencies specified minimum amounts in each of FY 2000 through 2004, for deposit in the Treasury. (Sec. 321) Eliminates provisions for guaranty agreements for reimbursing losses. Replaces such provisions with ones for guaranty agreements for paying lenders for default claims. Exempts nonprofit guaranty agencies from the requirements of Fair Debt Collection Practices Act to the extent that they are carrying out due diligence activities required by the Secretary. Authorizes the Secretary to enter into voluntary, flexible agreements with any guaranty agency that had one or more prior agreements with the Secretary. Part III: Employer Tax Credit User Fees - Amends the Internal Revenue Code to establish Work Opportunity Credit (WOC) and Welfare-to-Work Credit (WWC) user fees. (Sec. 331) Authorizes the Secretary of Labor to impose such fees on employers submitting applications for certification of individuals as members of target groups (for WOC) and categories of long-term family assistance recipients (for WWC). Prohibits such fees from being paid, directly or indirectly, by the individual who is the subject of the certification. Bases the amount of such fees on an estimate of what is needed to fully fund administrative costs relating to such certification. Requires a fee for employers with fewer than 100 employees lower than that for employers with 100 or more. Requires such fees to be: (1) collected by designated local agencies; (2) deposited as offsetting receipts in the State Unemployment Insurance and Employment Service Operations account of the Treasury; and (3) available to pay administrative costs relating to such certification. Directs the Secretary of Labor to allocate such funds among the States based on their relative workload in processing the certifications. Makes such fees available for obligation only to the extent and in the amount provided in advance in appropriations acts. Authorizes the fees to be appropriated to remain available until expended. Subtitle D: Natural Resource, Energy, and Environment - Part I: Nuclear Regulatory Commission User Fees and Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of certain Nuclear Regulatory Commission annual charges through FY 2004. Part II: Federal Insecticide, Fungicide, and Rodenticide Act Fees - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to assess fees from applicants for pesticide registrations, amendments to registrations, and experimental use permits effective October 1, 1999. (Sec. 421) Permits fee reductions or waivers: (1) in connection with applications for an active ingredient that is contained only in pesticides for which registration is sought solely for agricultural or nonagricultural minor uses; or (2) in other instances determined to be in the public interest. Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Part III: Toxic Substances Control Act Fees - Amends the Toxic Substances Control Act to revise provisions regarding fees from persons required to submit data under such Act to remove an upper limit on the amount that may be collected. (Sec. 431) Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Subtitle E: Revenue - Part I: Reinstate Superfund Taxes - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1998, and before January 1, 2010. (Sec. 511) Applies the Hazardous Substance Superfund financing rate after the date of this Act's enactment and before October 1, 2009. Part II: Tobacco Excise Taxes - Increases the excise taxes on tobacco products. (Sec. 522) Exempts, during 1999, from the requirement to deposit taxes persons required to make deposits with respect to alcohol and tobacco products. Part III: Customs Access Fee - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985, with respect to customs fees, to direct the Secretary of the Treasury to charge and collect for the provision of customs services (in addition to the current fees) a fee for the use of any automated system of the Customs Service for processing commercial operations based on the volume of usage of the system. Requires publication of the fee. Exempts Federal agencies from such fee. Requires the issuance of bills on a monthly basis for such fee. Part IV: Customs Air and Sea Passenger Processing Fee Amendments - Increases the $5.00 passenger arrival fee to $6.40 and declares certain exemptions (which include Mexico, Canada, and U.S. territories and possessions) from such fees inapplicable. Part V: Harbor Services User Fee - Directs the Secretary of the Army to impose specified fees on the owners or operators of commercial vessels for services provided for the use of ports. Sets forth exemptions. (Sec. 552) Establishes a United States Harbor Services Fund into which the section 551 fees shall be deposited. Authorizes Fund expenditures for harbor development, operations, and maintenance costs. Subtitle F: Human Services - Part I: Social Security Administration Claimant Representative Fees - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to direct the Commissioner of the Social Security Administration to impose on attorneys owed a fee from a claimant's past-due benefits an assessment, determined according to a specified formula, for crediting to the OASDI trust funds. Authorizes appropriations. Part II: Temporary Assistance For Needy Families Amendments -Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to limit the amount of the FY 2000 State TANF supplemental grant for population increases in certain States to the amount of such grant for FY 1999. Part III: Temporary Assistance For Needy Families Contingency Fund - Amends SSA title IV part A with respect to the Contingency Fund for State Welfare Programs to provide for: (1) removal of the limit on the amount of deposits into the Contingency Fund; (2) State flexibility for Contingency Fund grants; and (3) revision of annual reconciliation requirements, in particular repealing the adjustment of State remittances for FY 2000 and 2001 that was enacted in the Adoption and Safe Families Act of 1997. Subtitle G: Health Care - Part I: Medicare Savers - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) a reduction in the clinical diagnostic laboratory test cap from 74 to 72 percent; (2) establishment of a national limit on payment for prosthetics and for orthotics; (3) a reduction in Medicare payment for hospital bad debts and extension of such bad debt payment limitation to other relevant facilities and services providers; (4) a freeze, for FY 2000, in the applicable percentage increase used in determining Medicare payment to hospitals for inpatient hospital services; (5) a payment amount under Medicare part B (Supplementary Medical Insurance) for a covered drug or biological not payable on a cost or prospective payment basis that is set at 83 percent of the average wholesale price for 2000 and each subsequent year; (6) reduced payment for erythropoietin provided during 2000 under Medicare coverage of certain items and services for end stage renal disease patients; (7) a prohibition on the furnishing of partial hospitalization services in residential services; (8) additional specified requirements for community mental health centers; (9) information requirements pertaining to group health plans under Medicare secondary payer provisions; and (10) Centers of Excellence for furnishing services related to surgical procedures and for furnishing other unrelated services as appropriate to hospital inpatients. (Sec. 714) Amends the Omnibus Budget Reconciliation Act of 1987 to repeal the moratorium on bad debt policy with respect to Medicare hospital services. (Sec. 719A) Provides that not more than $1.1 million of the savings for FY 2000 resulting from enactment of this part may be treated as negative discretionary budget authority and outlays for such fiscal year. Part II: Food and Drug Administration User Fees - Subpart A: Medical Device Fees - Medical Device Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) direct the Secretary of Health and Human Services to assess and collect various specified medical device application and supplement, establishment registration, and periodic premarket application report fees (except from small businesses) to be used for the review of device applications; (2) authorize appropriations; and (3) treat certain unpaid fees as a Federal claim for collection purposes. Subpart B: Fees to Support Costs of Review of Food and Color Additive Petitions - Food and Color Additive Petition Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food and color additive petition and producer registration fees; (2) require registration of food ingredient and color additive producers; and (3) make miscellaneous amendments relating to the food and color additive petition review process, including allowing access to outside experts during the review process. Subpart C: Food Contact Substance Notification Fees - Food Contact Substance Notification Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food contact substance notification fees; and (2) make a miscellaneous amendment relating to the food contact substance notification process. Part III: Health Care Financing Administration User Fees - Amends SSA title XVIII to: (1) revise the limitation on the amount of fees the Secretary may collect from a Medicare+Choice organization with a contract under SSA title XVIII part C (Medicare+Choice) for enrollment-related costs; (2) direct the Secretary to impose fees for initial Medicare+Choice contract issuance and for renewal of such contracts and ongoing monitoring of Medicare+Choice organization operations; (3) exempt from such mandate entities subject to the requirements of the Clinical Laboratory Improvement Amendments of 1988; (4) modify provisions on the use of State agencies to determine compliance by service providers with conditions of participation with regard to State agreements; (5) add registration procedures and fees provisions under provisions on agreements with providers of services under Medicare; and (6) subject certain claims under Medicare part A (Hospital Insurance) and B to a specified processing fee for transfer to the Health Care Financing Administration Program Management Account. (Sec. 737) Amends the Balanced Budget Act of 1997 to repeal provisions on selection of regional laboratory carriers. Subtitle H: Transportation - Part 1: Federal Aviation Administration Cost-Based User Fees - Amends Federal aviation law to require the Federal Aviation Administration (FAA) Administrator to establish a schedule of new fees (until a permanent schedule is adopted) for the provision of air traffic control services to an air carrier, a commercial air carrier (for compensation or hire), or a foreign air carrier. Provides for the reduction of aviation excise taxes to be credited to the Airport and Airway Trust Fund if such taxes and receipts from fees exceed for FY 2000 the FAA budgetary requirements for FY 2001. (Sec. 811) Provides for the adjustment of certain aviation excise taxes credited to the Trust Fund. Part II: Coast Guard Vessel Navigation Assistance Fee - Amends Federal shipping law to authorize the Secretary of the department in which the Coast Guard is operating to establish annual fees to recover a portion of the costs of navigation services provided by the Coast Guard to commercial vessels. Authorizes appropriations to the Secretary out of the collection of such fees. Part III: Hazardous Materials Transportation Safety Fees - Amends Federal transportation law to change from discretionary to mandatory the Secretary of Transportation's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous material in order to pay for the costs of processing such statements. Makes the annual fee to be paid by each person required to file a registration statement a flat $500 (currently, at least $250 but no more than $5,000). Requires the Secretary of Transportation to publish a fee schedule at the beginning of each fiscal year. Declares that registration requirements shall not apply to Indian tribes. Part IV: Commercial Accident Investigation Fees - Authorizes the U.S. Government to collect a fee for service to offset, on an annual basis, the costs of investigation by the National Transportation Safety Board (NTSB) of commercial transportation accidents involving air, ocean, and rail carriers. Part V: Surface Transportation Board User Fees - Authorizes appropriations for the Surface Transportation Board, to be derived from fees collected during the fiscal year. Authorizes the Board to assess and collect user fees and annual charges in each fiscal year equal to its costs for such year. Part VI: Rail Safety User Fees - Changes from mandatory to discretionary the authority of the Secretary of Transportation to impose fees on railroad carriers to cover the costs to promote rail safety and Federal Railroad Administration activities related to hazardous material transportation safety. Title II: Budget Provisions - Requires the Director of the Office of Management and Budget, upon enactment of this Act, to: (1) reduce any balances of direct spending and receipts legislation for FY 2000 to zero under pay-as-you-go enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) treat the amount of any balances so reduced as negative discretionary budget authority and outlays for FY 2000 under discretionary spending limit enforcement provisions of such Act.
Bill· HRH.R. 3082 (106th)referred
United States · United States Congress · 14 October 1999
Amends the Internal Revenue Code to prohibit certain allocations of S corporation stock held by an employee stock ownership plan.
Bill· HRH.R. 3074 (106th)referred
United States · United States Congress · 14 October 1999
Amends the Internal Revenue Code to repeal as of January 1, 2005, the estate tax, gift tax, and alternative minimum tax on individuals and corporations. Requires an annual phase-out of the latter tax.
Bill· HRH.R. 3064 (106th)passed
United States · United States Congress · 13 October 1999
TABLE OF CONTENTS: Title I: Fiscal Year 2000 Appropriations Title II: Tax Reduction District of Columbia Appropriations Act, 2000 - Title I: Fiscal Year 2000 Appropriations - Makes appropriations for the District of Columbia for FY 2000, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) to the Citizen Complaint Review Board; (4) to the Department of Human Services; (5) to the District of Columbia Corrections Trustee Operations; (6) to the District of Columbia Courts; (7) for Defender Services in District of Columbia Courts; (9) to the Court Services and Offender Supervision Agency for the District of Columbia; (10) to the Children's National Medical Center; and (11) for the Metropolitan Police Department. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) receivership programs; (8) workforce investments; (9) a reserve to be established by the Chief Financial Officer of the District and the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Authority itself; (11) repayment of certain loans and interest; (12) repayment of General Fund Recovery Debt; (13) payment of interest on short-term borrowing; (14) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; and (15) optical and dental insurance payments. Directs the Chief Financial Officer to: (1) finance projects totaling $20 million in local funds (Productivity Bank) that result in cost savings or additional revenues by an amount equal to such financing; (2) make reductions totaling $20 million in local funds to be allocated to projects funded through the Productivity Bank that produce such cost savings or additional revenues; and (3) make reductions of specified amounts for general supply schedule savings and for management reform savings, in local funds to one or more of the appropriation headings in this Act. Requires quarterly reports by the Mayor on such financial activities to specified congressional committees. Appropriates specified sums for: (1) the Water and Sewer Authority and the Washington Aqueduct; (2) the Lottery and Charitable Games Enterprise Fund; (3) the Sports and Entertainment Commission; (4) the D.C. Health and Hospitals Public Benefit Corporation; (5) the D.C. Retirement Board; (6) the Correctional Industries Fund; (7) the Washington Convention Center Enterprise Fund; and (8) capital outlay (including rescissions). Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 1999. (Sec. 130) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 131) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples. (Sec. 142) Requires recipients of funds under this Act to comply with the Buy American Act. Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 147) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio. (Sec. 149) Requires the Chief Financial Officer, by November 1, 1999, or within 30 calendar days after the enactment of this Act, to submit to the appropriate congressional committees, the Mayor, and the Authority, a revised appropriated funds operating budget for a District government agencies for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. (Sec. 150) Prohibits the use of funds contained in this Act for: (1) any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug or; (2) rental payments under a lease for the use of real property by the District government, or to enter a lease, or purchase or manage real property for the District, unless specified conditions are met. (Sec. 153) Amends the Student Loan Marketing Association Reorganization Act of 1996 to provide funding for public charter school construction and repair in the District. Sets aside a specified amount for use as a credit enhancement fund for such schools. (Sec. 154) Requires the Mayor, the Authority, and the Superintendent of Schools to implement a process to dispose of excess public school real property within 90 days of the enactment of this Act. (Sec. 155) Amends the District of Columbia School Reform Act of 1995 to: (1) extend the Act indefinitely; and (2) grant sibling preference to applicants seeking enrollment in public charter schools in the District. (Sec. 157) Transfers from the Authority to the District a specified sum for: (1) severance payments to individuals separated from employment during FY 2000; (2) expanded contracting authority of the Mayor; and (3) the implementation of a system of managed competition among public and private providers of goods and services by and on behalf of the District. (Sec. 158) Requires the Authority, working with the Commonwealth of Virginia and the Director of the National Park Service, to carry out a project to complete all design requirements and all requirements for compliance with the National Environmental Policy Act for construction of expanded lane capacity for the Fourteenth Street Bridge. Transfers a specified limited amount to the Authority from the District's dedicated highway fund for the project. (Sec. 159) Requires the Mayor to carry out, through the Army Corps of Engineers, an Anacostia River environmental cleanup program. (Sec. 160) Amends the Victims of Violent Crime Compensation Act of 1996 (the Act) to: (1) prohibit payment of administrative costs from the Crime Victims Compensation Fund; and (2) limit the use of such Fund to compensation and attorneys' fees awarded under the Act. Provides that: (1) the Fund shall be maintained as a separate Fund in the Treasury; (2) all amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under the Act; and (3) the Fund shall also consist of any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund. Transfers any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with FY 2000) to miscellaneous receipts of the Treasury within 30 days after the end of the fiscal year. Ratifies any payments made from or deposits made to the Fund on or after April 9, 1997, to the extent such payments and deposits are authorized under the Act. (Sec. 161) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer of the District that the officer understands the duties and restrictions applicable as a result of this Act or its amendments. (Sec. 162) Requires the proposed FY 2001 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected. (Sec. 163) Requires any document showing the budget for a District government office that contains specified labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one. (Sec. 164) Provides that, in using the funds made available for improvements to specified Federal properties in the Southwest Waterfront of the District, any District government entity may place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers on a reimbursable and, if applicable, contractual basis Transfers to the Mayor from the Authority a specified amount from the escrow account held by the Authority for the District's infrastructure needs to be used by the Mayor for such improvements. Requires the Mayor to submit quarterly reports to specified congressional committees on the status of the improvements until they are completed.. (Sec. 165) Expresses the sense of Congress that the District should not impose or take into consideration any height, square footage, set-back, or other construction or zoning requirements in authorizing the issuance of industrial revenue bonds for a project of the American National Red Cross at 2025 E Street Northwest, Washington, D.C., because this project is subject to approval of the National Capital Planning Commission and the Commission of Fine Arts. (Sec. 166) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (the Act) to permit the District of Columbia Offender Supervision, Defender, and Courts Services Agency to carry out sex offender registration functions in the District. Authorizes the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee appointed under the Act to exercise, during the Agency's transition to full operation, the powers and functions of the Agency relating to sex offender registration, but only upon the Trustee's certification that the Trustee is able to assume such powers and functions. Vests such authority in the Metropolitan Police Department until the Trustee makes such certification. (Sec. 167) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative. Declares that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect. (Sec. 168) Transfers to the District from the Authority a specified amount for the Mayor to provide offsets against local taxes for a commercial revitalization program to be available in enterprise zones and low and moderate income areas in the District, provided that the Mayor uses Federal commercial revitalization proposals introduced in Congress as a guideline. (Sec. 169) Amends the District of Columbia Home Rule Act to transfer to the Mayor the Authority's duty with respect to annually developing and submitting to specified congressional committees a performance accountability plan for the District government, and annually reporting to such committees on the performance of the government's activities. (Sec. 170) Declares the sense of Congress that, in considering the District of Columbia's FY 2001 budget, the Congress will take into consideration progress or lack of progress in addressing specified issues, including crime, access to drug abuse treatment, management of parolees and pretrial violent offenders, education, improvement in basic city services, application for and management of Federal grants, and indicators of child well-being. (Sec. 171) Urges the Mayor, before using Federal Medicaid payments to Disproportionate Share Hospitals (DSH) to serve a small number of childless adults, to consider the recommendations of the Health Care Development Commission. (Sec. 172) Directs the Comptroller General to study and report to Congress on the law enforcement, court, prison, probation, parole, and other components of the criminal justice system of the District of Columbia in order to identify the components most in need of additional resources, including financial, personal, and management resources. Title II: Tax Reduction - Commends the District of Columbia for its action to reduce taxes. Ratifies the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999.
Bill· HRH.R. 3070 (106th)open
United States · United States Congress · 13 October 1999
Ticket to Work and Work Incentives Improvement Act of 1999 - Title I: Ticket to Work and Self-Sufficiency and Related Provisions - Subtitle A: Ticket to Work and Self-Sufficiency - Amends part A (General Provisions) of title XI of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner to obtain employment, vocational rehabilitation services, or other support services, pursuant to an appropriate individual beneficiary work plan that meets specified requirements. Includes among such requirements goals for earnings and job advancement, at the Commissioner's expense, from a participating employment network, public or private. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth requirements applicable to agreements between State agencies and employment networks. Describes employment network payment systems. (Sec. 101) Provides that during any period for which an individual is using a TWSSP ticket, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review to determine whether the individual is or is not disabled. Requires payments to employment networks: (1) out of the social security trust funds in the case of SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) disability beneficiaries who return to work; or (2) from the appropriation for making Supplemental Security Income (SSI) payments under SSA title XVI, in the case of SSI disability beneficiaries who return to work. Establishes within the Social Security Administration the Ticket to Work and Work Incentives Advisory Panel to advise the President, the Congress, and the Commissioner with respect to TWSSP work incentive issues, and those issues under OASDI, SSI, Medicare (SSA title XVIII), and Medicaid (SSA title XIX) as well. Authorizes appropriations. Subtitle B: Elimination of Work Disincentives - Amends SSA titles II and XVI (Procedural and General Provisions) to prescribe specified measures designed to eliminate work disincentives. Prohibits review of an individual's disability status on the basis of work activity. Provides for expedited reinstatement of entitlement to OASDI or of eligibility for SSI disability benefits. Subtitle C: Work Incentives Planning, Assistance, and Outreach - Amends SSA title XI part A to direct the Commissioner to establish a community-based work incentives outreach program for disabled beneficiaries that includes technical assistance to organizations and entities designed to encourage disabled beneficiaries to return to work. (Sec. 121) Authorizes appropriations. (Sec. 122) Authorizes the Commissioner to make certain minimum payments in each State to the protection and advocacy system established under the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of providing services to disabled beneficiaries, which may include advocacy or other services that such a beneficiary may need to secure or regain gainful employment. Authorizes appropriations. Title II: Expanded Availability of Health Care Services - Amends SSA title XIX to provide for expanding State Medicaid options for workers with disabilities, including options to: (1) eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid; and (2) provide opportunity for employed individuals with a medically improved disability to make such a buy. Provides that Federal funds paid to a State for Medicaid payments may not generally be used to supplant the level of State funds expended for a fiscal year for programs to enable working disabled individuals to work. (Sec. 202) Amends SSA title II to extend the period of Medicare coverage for OASDI disability insurance beneficiaries. Directs the Comptroller General to report to Congress on specified consequences of such extension. (Sec. 203) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support working disabled individuals as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes appropriations. (Sec. 204) Authorizes State demonstration projects for certain Medicaid coverage of up to a specified maximum number of workers with a potentially severe disability, coverage equal to that afforded under the State option for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid. Authorizes appropriations. (Sec. 205) Allows disabled Medicare beneficiaries to request the suspension of Medicare supplemental policy (Medigap) insurance when covered under a group health plan. Title III: Demonstration Projects and Studies - Amends SSA title II to provide for an extension of disability insurance program demonstration project authority. Directs the Commissioner to develop and carry out experiments and demonstration projects, subject to specified guidelines which include the authority to waive compliance with benefits requirements, with regard to various alternative methods of treating the work activity of individuals entitled to OASDI disability benefits, altering other limitations and conditions applicable to such individuals, and implementing sliding scale benefit offsets. Authorizes the Commissioner to: (1) expand the scope of any such experiment or demonstration project to include any group of OASDI benefit applicants with impairments that reasonably may be presumed to be disabling for purposes of such demonstration project; and (2) limit any such demonstration project to any such group of applicants, subject to the terms of such demonstration project which shall define the extent of any such presumption. (Sec. 302) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds, as determined appropriate, to the extent provided in advance in appropriation Acts. (Sec. 303) Directs the Comptroller General to study and report to the Congress on: (1) existing tax credits and other disability-related employment incentives; (2) coordination of the OASDI disability insurance (DI) program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under them; and (3) the impact of the substantial gainful activity limit on return to work. Directs the Commissioner to report to the Congress on disregards under the DI and SSI programs. Requires the Comptroller General to study and report to the Congress on the Social Security Administration's efforts to conduct disability demonstrations. Title IV: Miscellaneous and Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals. (Sec. 402) Amends SSA title II to provide for: (1) payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) transfer from the social security trust funds of any sums necessary to enable the Commissioner to make such payments; (4) provision of inmate identification information to any agency administering a Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes under such program; (5) elimination of the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (5) continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 403) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage. (Sec. 404) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or development projects under SSA titles II and XVI. (Sec. 405) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems, among other changes allowing a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis. (Sec. 406) Amends SSA title II to direct the Commissioner to impose on attorneys who are owed a fee from a claimant's past-due benefits an assessment, determined according to a specified formula, for crediting to the OASDI trust funds. Authorizes appropriations. (Sec. 407) Amends SSA title XIX to: (1) grant State Medicaid fraud control units the authority to investigate and prosecute violations of all applicable State laws regarding any and all aspects of suspected fraud in connection with any Federal health care program if the Inspector General of the relevant Federal agency approves the unit's involvement; (2) grant an Inspector General who approves such involvement continuing authority to join the case or investigation or to replace the unit as the primary agency assigned to the matter; (3) include within the unit's authority to recoup overpayments made under the State Medicaid plan to health care facilities authority to recoup overpayments made under any Federal health care program; and (4) revise procedures for unit complaint review, among other changes allowing the unit the option of having procedures for reviewing complaints of abuse or neglect of residents in non-Medicaid board and care facilities. (Sec. 408) Amends SSA title XIX with respect to certain Medicaid payments to States with approved Medicaid plans. Requires a specified payment system approved by the Secretary for the payment of any covered expenditure by, or on behalf of, a local educational agency or school district: (1) in the case of a bundled group of individual items, services, and administrative expenses, in accordance with an actuarially sound payment methodology; or (2) in the case of payment using a fee-for-service methodology, in accordance with reasonable cost reimbursement requirements. Includes among such requirements a competitive bidding process for claims processing contracts and coordination between the local educational agency or school district and Medicaid managed care organization in order for the State to receive Medicaid reimbursement. Formulates the allowable share of the Federal financial participation amount with respect to payment for items and services furnished in a school setting. Directs the Administrator of the Health Care Financing Administration to develop and implement a uniform methodology for claims for payment of Medicaid and related administrative expenses furnished by schools.
Resolution· HRESH.Res. 330 (106th)passed
United States · United States Congress · 13 October 1999
Sets forth the rule (closed) for the consideration of H.R. 3064 (District of Columbia appropriations).
Resolution· HRESH.Res. 328 (106th)passed
United States · United States Congress · 13 October 1999
Waives all points of order against the consideration of the conference report on H.R. 2684 (Departments of Veterans Affairs and of Housing and Urban Development and independent agencies appropriations).
Resolution· HCONRESH.Con.Res. 197 (106th)referred
United States · United States Congress · 13 October 1999
Expresses the sense of the Congress that there should be no increase in Federal taxes in order to fund additional Government spending.
Bill· SS. 1719 (106th)referred
United States · United States Congress · 12 October 1999
Educational Opportunities Act of 1999 - Title I: HELP Scholarships - Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1999 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) 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 IV allotment for use exclusively for such parental choice programs. Requires State educational agencies (SEAs), except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies (LEAs). (Sec. 105) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an empowerment zone or enterprise community. (Sec. 106) 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 II: Education Tax Credit - Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (of up to $1,000) for the qualified educational expenses (tuition, attendance fees, books, supplies, equipment, but excluding meals and lodging) paid by a taxpayer for the education at an eligible zone educational institution of each individual with respect to whom the taxpayer is allowed a deduction as a dependent. (Sec. 202) Provides for: (1) the inclusion of certain home schooling expenses; and (2) adjustments for certain scholarships. Defines "eligible zone educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school that: (1) provides elementary or secondary education; and (2) is located in an empowerment zone or enterprise community.
Bill· SS. 1718 (106th)referred
United States · United States Congress · 12 October 1999
Lifesaving Vaccine Technology Act of 1999 - Amends the Internal Revenue Code to establish an income tax credit for 30 percent of the qualified expenses (excluding amounts funded by any grant, contract, or otherwise by another person or any governmental entity) for medical research related to developing vaccines against malaria, tuberculosis, or HIV.
Resolution· HRESH.Res. 326 (106th)passed
United States · United States Congress · 12 October 1999
Waives all points of order against the consideration of the conference report on H.R. 2561 (Department of Defense appropriations).
Bill· SS. 1711 (106th)referred
United States · United States Congress · 8 October 1999
Telecommunications Ownership Diversification Act of 1999 - Amends the Internal Revenue Code (IRC) to provide, at the election of a taxpayer, for the nonrecognition of gain on the sale of a telecommunications business if: (1) the business is sold to an eligible purchaser and the taxpayer purchases one or more telecommunications businesses within the "replacement period"; or (2) the taxpayer purchases, within such replacement period, one or more equity interests in an entity that is an eligible purchaser that either derives, directly or indirectly, 50 percent or more of its gross income from a telecommunications business or invests substantially all of the gross proceeds received from the taxpayer in the acquisition of a telecommunications business and the acquisition occurs within 180 days after the expiration of the taxpayer's replacement period. Sets forth related limitations, rules, and definitions, including the time for the assessment of a deficiency for taxpayers who made the election. Allows a limited credit for a taxpayer that at all times during that taxable year: (1) is a local exchange carrier; (2) is not a Bell operating company; and (3) is headquartered in an area designated as an empowerment zone. Sets forth additional telecommunications-related provisions concerning: (1) depreciation; (2) losses on stock in telecommunications corporations; (3) the 50-percent exclusion for gain from certain small business stock; and (4) deferral of certain capital gains. Requires biennial audits and reports by the Comptroller General relating to the IRC amendments made by this Act.
Bill· SS. 1714 (106th)referred
United States · United States Congress · 8 October 1999
Amends the Internal Revenue Code, with respect to exceptions to 10-percent additional tax on early distributions from qualified retirement plans, to allow penalty-free distributions from such plans (used within 90 days of distribution) of individuals residing in presidentially declared disaster areas.
Bill· SS. 1708 (106th)referred
United States · United States Congress · 7 October 1999
Pension Reduction Disclosure Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to set forth notice requirements for pension plans which significantly reduce future benefit accruals. Requires additional information to be provided in such notice by large pension plans with 100 or more active participants. Imposes an excise tax upon failure of pension plans to provide such notice.
Bill· HRH.R. 3055 (106th)referred
United States · United States Congress · 7 October 1999
Authorizes the Secretary of Housing and Urban Development to make grants to units of general local government for clearance, demolition, deconstruction, and removal of vacant buildings, including single and multifamily, industrial, office, governmental, institutional, and commercial buildings, and subsequent site preparation. Sets forth program provisions. Authorizes appropriations.
Bill· HRH.R. 3046 (106th)referred
United States · United States Congress · 7 October 1999
Banking and Housing Agency Accountability Preservation Act - Makes a provision of the Federal Reports Elimination and Sunset Act of 1995 which terminates on December 31, 1999, all reporting requirements included on a list prepared by the Clerk of the House of Representatives for the first session of the 103d Congress inapplicable to certain monetary policy, banking, and housing reporting requirements under specified Acts. Includes among the 42 exempted provisions requirements for the President's Economic Report, the annual report of the Council of Economic Advisers, and the semiannual Humphrey-Hawkins Report of the Federal Reserve. Amends the: (1) Export-Import Bank Act of 1945 to eliminate certain activity and fiscal authority reporting requirements of the Export-Import Bank; and (2) Federal Deposit Insurance Act to eliminate the requirement for a semiannual report on activities and efforts of the Federal Deposit Insurance Corporation. Amends various Acts to require the following department or agency heads to include as part of their annual reports to Congress a required annual report to the President and Congress on their department or agency's program performance for the previous fiscal year: (1) the Comptroller of the Currency; (2) the Director of the Office of Thrift Supervision; (3) the Chairperson of the Federal Deposit Insurance Corporation; (4) the Chairperson of the Federal Housing Finance Board; (5) the Chairman of the Federal Reserve Board; (6) the Chairman of the National Credit Union Administration; and (7) the Secretary of Housing and Urban Development.
Bill· HRH.R. 3047 (106th)referred
United States · United States Congress · 7 October 1999
Pension Reduction Disclosure Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to set forth notice requirements for pension plans which significantly reduce future benefit accruals. Requires additional information to be provided in such notice by large pension plans with 100 or more active participants. Imposes an excise tax upon failure of pension plans to provide such notice.
Bill· HRH.R. 3037 (106th)open
United States · United States Congress · 7 October 1999
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) the Agency for Health Care Policy and Research; (9) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (10) the Administration for Children and Families for family support payments to States; (11) low income home energy assistance; (12) refugee and entrant assistance; (13) the social services block grant; (14) children and families services programs; (15) family preservation and support pursuant to a specified provision of the Social Security Act; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) the Office for Civil Rights; (21) policy research; (22) retirement pay and medical benefits for Public Health Service commissioned officers; and (23) activities related to countering potential biological, disease, and chemical threats to civilian populations. Rescinds FY 2000 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 208) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 210) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 211) Amends the Public Health Service Act to require State allotments under block grants for: (1) community health services for FY 2000 to be at least the amount the State received for FY 1998; and (2) substance abuse prevention and treatment for FY 2000 to be equal to allotments for FY 1999. Title III: Department of Education - Department of Education Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Amends the Elementary and Secondary Education Act of 1965 to reduce to 35 percent the Federal share available for Even Start family literacy programs in any year after the eighth year of receiving assistance. Removes a provision which limits the receipt of such assistance to a period of eight years. Title IV: Related Agencies - Makes appropriations for FY 2000 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs. (Sec. 506) Sets forth Buy American requirements. (Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard. Title VI: Early Detection, Diagnosis, and Interventions For Newborns and Infants With Hearing Loss - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation, and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations. Title VII: Child Protection Act of 1999 - Child Protection Act of 1999 - Requires any elementary or secondary school or public library that has received Federal funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet to: (1) install software on that computer adequately designed to prevent minors from obtaining access to any obscene information or child pornography; and (2) ensure that such software is operational whenever that computer is used by minors. Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution. Requires determinations of adequate design to be made by an agency or official designated by the chief executive officer of the State. Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. Title VIII: Inflation Adjustments to Mandatory Jurisdiction Thresholds of National Labor Relations Board - Amends the National Labor Relations Act to provide for inflation adjustments to the mandatory jurisdiction thresholds of the National Labor Relations Board. Title IX: Miscellaneous Provisions - Amends the Internal Revenue Code to require earned income credit refunds to be paid in 12 substantially equal installments. Makes such requirement inapplicable to refunds under $600. Terminates provisions regarding advanced payment of earned income credit after September 30, 1999. Makes such termination inapplicable to earned income eligibility certificates in effect on such date and to renewals of such certificates which are so in effect. Applies the preceding amendments to taxable years beginning after December 31, 1998. (Sec. 902) Directs the General Accounting Office to conduct a study of the impact on earned income tax credit recipients with respect to a disbursement over 12 months versus the current one-time, lump-sum payment. Title X: Disaster Relief for Farmers - Makes a specified amount of Commodity Credit Corporation funds available to the Secretary of Agriculture to provide assistance to producers for crop and livestock losses incurred as a result of the hurricanes and flooding that struck the eastern United States in August and September 1999.
Bill· HRH.R. 3054 (106th)referred
United States · United States Congress · 7 October 1999
Authorizes the Secretary of Housing and Urban Development to make competitive grants to improve regional growth patterns through interjurisdictional cooperation in the planning and implementation of development strategies and projects. Sets forth program provisions. Authorizes appropriations.
Bill· HRH.R. 3052 (106th)referred
United States · United States Congress · 7 October 1999
Amends the Internal Revenue Code to revise the category of "non-collectible" coins eligible for inclusion in individual retirement accounts and other individually directed pension plan accounts.
Bill· SS. 1695 (106th)referred
United States · United States Congress · 6 October 1999
Amends the Internal Revenue Code to allow the transfer to a distilled spirits plant of wine or beer for which an alcohol tax has been paid or determined. Authorizes the Secretary of the Treasury to credit or refund the tax paid on such wine or beer to the plant operator if the operator bore the burden of the tax and no other person has claimed a credit or refund of such tax.
Bill· SS. 1701 (106th)referred
United States · United States Congress · 6 October 1999
Civil Asset Forfeiture Reform Act of 1999 - Amends civil forfeiture provisions under the Federal criminal code (the code) to direct that at trial: (1) the Government have the burden of proving that the property is subject to forfeiture by a preponderance of the evidence; and (2) the claimant have the burden of proving any affirmative defense by a preponderance of the evidence. Specifies that no party shall be required to establish that it is able to meet its burden of proof until the time of trial, with an exception for summary judgment motions. (Sec. 3) Requires the Government, whenever property other than real property is seized by a Federal law enforcement agency or is turned over to such an agency by a State or local law enforcement agency for the purpose of forfeiture under Federal law, to commence administrative forfeiture proceedings against the property pursuant to the customs laws within 60 days after the seizure or turnover unless the Attorney General has filed a civil forfeiture complaint, or included the property in a criminal indictment, before such period has expired. Requires the seizing agency, upon commencing administrative forfeiture proceedings, to send notice of the proceedings, together with information on the applicable procedures for contesting the forfeiture, to each party known to the agency at the time of the seizure to have an ownership or possessory interest, including a lienholder's interest in the seized property. Directs that, if the identity or interest of a party is not determined until after the seizure but is determined before a declaration of forfeiture is entered, such written notice and information be sent to such interested party not later than 60 days after the determination of the seizing agency of the party's identity or interest. Requires the Government, if it does not send notice of a seizure of property to the person from whom it was received and no extension of time is granted, to return the property to that person without prejudice to the Government's right to commence a forfeiture proceeding at a later time. Directs that if the property is returned herein, neither the seizing agency nor any individual agent shall be held liable for the failure to provide notice. Specifies that the Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess. Authorizes the Attorney General, the Secretary of the Treasury, or the United States Postal Service, as applicable, to waive such notice requirements for good cause. Allows any person entitled to such notice who does not receive such notice to file, within two years after the date of final publication of notice of seizure of the property, a motion to set aside a declaration of forfeiture under the Tariff Act of 1930, which motion shall be granted if the moving party: (1) had an ownership or possessory interest in the forfeited property and the Government knew, or reasonably should have known, of that party's interest and failed to take reasonable steps to provide such party with notice of the forfeiture; and (2) did not have actual notice of the seizure within sufficient time to file a claim within the time period provided by law. Directs: (1) the court, upon granting such a motion, to set aside the declaration of forfeiture as to the interest of the moving party pending forfeiture proceedings in accordance with the Tariff Act, which proceedings shall be instituted within 60 days of the entry of the order granting the motion; and (2) the Government, if at the time such a motion is granted the forfeited property has been disposed of by the Government in accordance with law, to institute forfeiture proceedings against a substitute sum of money equal to the value of the forfeited property at the time the property was disposed of, plus interest. Makes a motion under this Act the exclusive means of obtaining judicial review of a declaration of forfeiture entered by a seizing agency. (Sec. 4) Rewrites provisions of the Tariff Act to authorize a person claiming a seized vessel, vehicle, aircraft, merchandise, or baggage (vessel) to file a claim with the Customs Service at any time after the seizure, provided that the claim is filed not later than the later of 30 days after the first publication of notice of seizure, or the deadline set forth in a personal notice letter received by such person. Requires the claim to be signed by the claimant under penalty of perjury and contain a brief statement of the nature and extent of the claimant's ownership interest in the property. Requires a person filing a claim to post bond to the United States in the sum of $5,000 or ten percent of the value of the claimed property, whichever is less, but not less than $250, with sureties approved by the Customs Service. Specifies that no bond shall be required if the Secretary approves a claim filed in forma pauperis. Directs the Customs Service to transmit any such claim filed, with a duplicate list and description of the articles seized, to the U.S. attorney for the district in which the property was seized, or any other district in which a forfeiture action may be filed. Allows the U.S. attorney, after reviewing the matter, to decide to return the property to the claimant or to reach an appropriate compromise agreement with the claimant (otherwise the U.S. attorney shall proceed to a condemnation of the merchandise or other property or proceed to include the merchandise or other property in an appropriate criminal indictment). Directs the appropriate customs officer, if no claim is filed or bond given within 30 (currently, 20) days, to declare the vessel forfeited. Specifies that a cost bond otherwise required by the Tariff Act shall not be required if the claimant: (1) pledges real or personal property having a value greater than or equal to that of the bond that would otherwise be required as security against the costs of the Government; (2) provides, in any case in which the pledged real or personal property is subject to a Federal or State recording, certificate of title, or registration statute, documentary proof evidencing the ownership of the property by the claimant or pledger; and (3) files an affidavit under penalty of perjury setting forth the value of the property and stating that the claimant is the owner of the property. Allows the U.S. attorney, once the claim is referred to the U.S. attorney under the Tariff Act, to ask the court to review the facts set forth in the affidavit filed. Authorizes the claimant, at the conclusion of the case, to move for return of the cost bond, or to rescind the property pledge, and the court to grant such motion if the court finds that the claim was substantially justified. Directs the Government, if the court denies such motion, or if no such motion is made, to retain the bond to the extent necessary to recover its costs and return the balance to the claimant. Allows the Government, in the case of a property pledge, to: (1) serve upon the claimant an assessment of its costs, which assessment shall be collectible as a debt owed to the Government; or (2) foreclose on the pledged property to recover its costs. (Sec. 5) Directs the Attorney General, in any case in which property has been seized or restrained by the Government and a claim has been filed, to: (1) file a compliant for forfeiture within 90 days (with an exception) or include a forfeiture count in a criminal indictment or information, or both; or (2) return the property pending the filing of a complaint or indictment. Authorizes the Government to apply to a Federal magistrate judge in any district in which venue for a forfeiture action would lie for an extension of time in which to comply, which shall be granted based on a showing of good cause. Allows such extension to be made ex parte where the filing would jeopardize an ongoing criminal investigation, prosecution, or court-authorized electronic surveillance. Sets forth provisions regarding the filing of a claim and answer, and a motion to dismiss a complaint for forfeiture. (Sec. 6) Amends the code to authorize a person with standing to challenge the forfeiture of seized property to file a motion for the return of the property. Directs the court, if such motion is filed, to conduct a hearing within 90 days and order the release of the property, pending trial on the forfeiture and entry of judgment, unless: (1) the Government establishes probable cause to believe that the property is subject to forfeiture, based on all information available to the Government at the time of hearing; (2) the Government has filed a civil forfeiture complaint against the property, and a magistrate judge has determined there is probable cause for the issuance of a warrant of arrest in rem; (3) a grand jury has returned an indictment that includes an allegation that the property is subject to criminal forfeiture; (4) the party filing the motion had notice of the intent of the Government to forfeit the property administratively, and failed to file a claim to the property within the specified time period; (5) the property is contraband or other property that the moving party may not legally possess; or (6) the property is needed as evidence in a criminal investigation or prosecution. (Sec. 7) Directs the court, if the party filing a claim in a civil forfeiture case is not charged with any criminal offense in a related criminal case, and the court enters judgment for that party, to order the Government to pay costs and reasonable attorney's fees to the claimant, with exceptions. Provides for sanctions for frivolous claims. (Sec. 8) Directs that all civil forfeitures of, and interests in, real property proceed as judicial forfeitures. Makes the administrative forfeiture provisions of the Tariff Act inapplicable to the forfeiture of real property. Prohibits (with exceptions): (1) real property that is the subject of a forfeiture action from being seized before entry of an order of forfeiture; and (2) the owners or occupants of the real property from being evicted from, or otherwise deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture action. Directs the court in which a civil forfeiture action is pending, in lieu of issuing an arrest warrant in rem, to issue a notice of complaint for forfeiture, which shall be served on the property owner and posted on the property. Specifies that the posting of such notice shall be sufficient to give the court in rem jurisdiction over the property. Provides for constructive service if the property owner cannot be served because such owner is a fugitive or resides outside of the United States, and efforts at service are unavailing. Sets forth provisions regarding seizure prior to entry of a forfeiture order, post- seizure hearings, actions not considered seizures, and scope of applicability of this section. (Sec. 9) Amends the Federal Tort Claims Act to authorize compensation for damage to seized property if the claimant is not convicted of a crime for which the claimant's property interest would be subject to forfeiture and if other specified circumstances apply. Specifies that damage to property occurring in the course of carrying out a lawful law enforcement function may not be construed to be the result of negligence unless the function was carried out in an unreasonable manner. (Sec. 10) Amends the code to prohibit the forfeiture of the interest of an innocent owner in property in any judicial action under any civil forfeiture provision of the code, the Controlled Substances Act (CSA), or the Immigration and Nationality Act (INA). Defines "innocent owner" with respect to: (1) a property interest in existence at the time the illegal act giving rise to forfeiture took place, as an owner who did not know that the property was being used or was likely to be used in the commission of such illegal act, or upon learning that the property was being used or was likely to be used in the commission of such act, did all that reasonably could be expected to terminate or prevent such use of the property; and (2) such an interest acquired after the act giving rise to the forfeiture took place, as a person who establishes, by a preponderance of the evidence that the person acquired the property as a bona fide purchaser for value who at the time of the purchase did not know and was reasonably without cause to believe that the property was subject to forfeiture. Makes an innocent owner defense under this section an affirmative defense. (Sec. 11) Authorizes the release of seized property pending trial to avoid hardship under specified circumstances. (Sec. 12) Directs the court, upon motion of the United States, to stay a civil forfeiture proceeding if the court determines that civil discovery or trial could adversely affect the Government's ability to conduct a related criminal investigation or the prosecution of a related criminal case. Directs the court, upon motion of a claimant, to stay the civil forfeiture proceeding with respect to that claimant if the court determines that: (1) the claimant is the subject of a related criminal investigation or case; (2) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (3) continuation of the forfeiture proceeding may infringe upon the claimant's right against self- incrimination in the related investigation or case. Authorizes the court to determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. Prohibits the court from imposing a protective order as an alternative to a stay if the effect of such order would be to allow one party to pursue discovery while the other party is substantially unable to do so. Sets forth provisions regarding presentations ex parte and under seal, court orders to preserve the value of property, and applicability of standing determinations. (Sec. 13) Amends the Federal judicial code to provide that, upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under the Federal criminal code, the CSA, or the INA, the United States shall: (1) be liable for post-judgment interest; (2) not be liable for prejudgment interest, with an exception; and (3) not be required to disgorge the value of any intangible benefits nor to make any other payments of interest or other compensation to the claimant not specifically authorized. (Sec. 14) Rewrites code provisions regarding search warrant requirements for civil forfeiture. Authorizes the seizure of property by the Secretary of the Treasury or the United States Postal Service in the case of property involved in a violation investigated by such Secretary or Service. Requires that any such seizure be made pursuant to a warrant, which may be issued by a magistrate judge, except that a seizure may be made without a warrant if: (1) a complaint for forfeiture has been filed in the district court and the court has issued an arrest warrant in rem based upon a showing of probable cause; (2) there is probable cause to believe that the property is subject to forfeiture and the seizure is made pursuant to a lawful arrest or search, or another exception to the Fourth Amendment warrant requirement would apply; or (3) the property was lawfully seized by a State or local law enforcement agency and has been transferred to a Federal agency. Authorizes issuance of a seizure warrant by a judicial officer in any district in which a forfeiture action against the property may be filed under judicial code provisions, and executed in any district in which the property is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement. Directs the judicial officer to command the officer to seize, within a specified time period, the property specified in the warrant. Requires any motion for the return of property seized to be filed in the district in which the seizure warrant was issued. Allows a party with standing to challenge a seizure and forfeiture to move to suppress the use of the property as evidence on the ground that the Government lacked probably cause at the time of the seizure. Specifies that suppression of the property as evidence shall not affect the Government's right to proceed with a forfeiture action based on independently derived evidence. Authorizes the Attorney General, if any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States, to apply to a Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, except that the time may be extended for good cause shown at a hearing. Requires the application for the restraining order to set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the United States that would be subject to forfeiture, and to contain a statement that the order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property. (Sec. 15) Authorizes the court, before or after filing a forfeiture complaint and on application of the Government, to: (1) enter any restraining order or injunction of the CSA; (2) require the execution of satisfactory performance bonds; (3) create receiverships; (4) appoint conservators, custodians, appraisers, accountants, or trustees; or (5) take any other action to seize, secure, maintain, or preserve the availability of property subject to forfeiture. (Sec. 16) Provides that, at the conclusion of the trial and following the entry of a forfeiture verdict: (1) the claimant may petition the court to determine whether the excessive fines clause of the Eighth Amendment applies and, if so, whether the forfeiture is grossly disproportional to the gravity of the offense; (2) the claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing by the court without a jury; and (3) if the court determines that the forfeiture is grossly disproportional to the gravity of the offense, the court shall adjust the forfeiture to the extent necessary to avoid the constitutional violation. (Sec. 17) Authorizes the Attorney General, the Secretary of the Treasury, or their designee, in any investigation relating to the seizure or forfeiture of property, to issue in writing and cause to be served a subpoena for evidence. Makes provisions of the code (regarding obstruction of civil investigative demands), the Right to Financial Privacy Act, and the Fair Credit Reporting Act applicable to this section. (Sec. 18) Dismisses with prejudice the claim of any claimant in a civil forfeiture case, or any related criminal forfeiture case under CSA, when the claimant refuses to provide certain financial records located in a foreign country when it is within the claimant's capacity to make such records available. (Sec. 19) Modifies code provisions regarding disclosure of matters occurring before a grand jury to allow a person who is privy to grand jury information to disclose the information to a Government attorney for use in connection with any civil forfeiture provision of Federal law. (Sec. 20) Amends the Internal Revenue Code to authorize a Federal district court judge or magistrate to open to inspection by, or disclosure to, Federal officers and employees who are personally and directly engaged in specified activities of tax return information available in connection with a civil forfeiture investigation or proceeding. (Sec. 21) Amends the Tariff Act to provide that, in the case of forfeiture, the statute of limitations shall be within five years after the time when the existence of the property and the involvement of the property in the alleged offense were discovered (but retains the current standard of five years after the time when the alleged offense was discovered). (Sec. 22) Amends the code to expand the scope of provisions regarding the destruction or removal of property to prevent seizure to cover seizure for forfeiture and to explicitly cover real property. (Sec. 23) Revises code provisions regarding civil forfeiture of fungible property to permit invocation of such provisions only if the action for forfeiture was commenced by a seizure or arrest in rem within two years of the offense that is the basis for the forfeiture. Makes such provisions inapplicable to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture. (Sec. 24) Amends the CSA to provide that in any action with respect to the forfeiture of seized currency the finder of fact shall determine the nexus between the currency and the drug trafficking offense based on the totality of the circumstances. Lists factors which the finder of fact may consider in making such determination. (Sec. 25) Amends the code to authorize the use of forfeited property to pay restitution to any victim of the offense giving rise to the forfeiture, including, in the case of a money laundering offense, any offense constituting the underlying specified activity. (Sec. 26) Amends the judicial code to provide that a person who, in order to avoid criminal prosecution, purposely leaves U.S. jurisdiction, declines to enter or reenter the United States to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the person, may not use the resources of the U.S. courts in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action. (Sec. 27) Requires a foreign nation seeking to have its value-based confiscation judgment registered and enforced by a U.S. district court to first submit a request to the Attorney General or his or her designee (Attorney General) which shall include specified information, including a summary of the facts of the case and a description of the criminal proceeding that resulted in the value-based confiscation judgment. Directs the Attorney General to determine whether to certify the request, which decision shall be final. Permits a foreign nation to file a civil proceeding in U.S. district court, if the Attorney General certifies a request, seeking to enforce the foreign value-based confiscation judgment as if the judgment had been entered by a U.S. court, subject to specified requirements. (Sec. 28) Amends the judicial code to authorize the Government, if a forfeiture of property is authorized in connection with a violation of an Act of Congress and any person is charged in an indictment or information with such violation but no specific statutory provision is made for criminal forfeiture upon conviction, to include the forfeiture in the indictment or information. Directs the court, upon conviction, to order the forfeiture of the property in accordance with procedures set forth in the Comprehensive Drug Abuse Prevention and Control Act of 1970. (Sec. 29) Amends the CSA and the code to provide for uniform civil forfeiture standards. (Sec. 31) Rewrites INA provisions regarding the bringing in and harboring of aliens to authorize the seizure and forfeiture of the gross proceeds of a violation, and any property traceable to such conveyance or proceeds. Specifies that standards under the code shall apply to civil forfeitures under the INA, with an exception for duties imposed upon the Secretary of the Treasury under the customs laws. Sets forth prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States, or that such alien remained in violation of law.
Bill· HRH.R. 3034 (106th)referred
United States · United States Congress · 6 October 1999
Amends the Internal Revenue Code to permit: (1) annual carryover of up to $3000 of unused benefits under cafeteria plans or flexible spending or similar arrangements; and (2) in lieu of a carryover, such amount to be rolled over as nontaxable income when transferred to certain retirement plans, a medical savings account, an education individual retirement account, or health care reimbursement rollover account. Authorizes an annual cost-of-living adjustment to the $3000 limit. Exempts a health care reimbursement rollover account from Federal income tax unless such account ceases to be that type of account. Subjects such account to taxation on unrelated business income. Outlines account qualification requirements. Considers as nontaxable income any amounts paid out of such accounts when used exclusively for qualified medical expenses, while considering as taxable any amounts used otherwise. Excludes account funds from estate taxes. Considers the transfer of such an account to a designated beneficiary as if the beneficiary were the original account holder. Authorizes the Secretary of the Treasury to require from an account trustee appropriate reports concerning account contributions, distributions, and related matters.
Bill· HRH.R. 3011 (106th)open
United States · United States Congress · 5 October 1999
Truth in Telephone Billing Act of 1999 - Amends the Communications Act of 1934 to direct a telecommunications carrier that is required to contribute to, or is assessed for, any universal service support mechanism, fund, tax, or program to identify on each subscriber's bill: (1) the identity of such mechanism, fund, tax, or program, as well as the governmental authority whose rules require or authorize the contribution or assessment; (2) the basis for such contribution or assessment; and (3) the dollar amount that is being attributed to and collected from such subscriber for such mechanism, fund, tax, or program.
Bill· HRH.R. 3022 (106th)open
United States · United States Congress · 5 October 1999
Rest of the Truth in Telephone Billing Act of 1999 - Amends the Communications Act of 1934 to direct a telecommunications carrier that is required to contribute to, or is assessed for, any universal service support mechanism, fund, tax, or program to identify on each subscriber's bill: (1) the identity of such mechanism, fund, tax, or program, as well as the governmental authority whose rules require or authorize the contribution or assessment; (2) the identity of any governmental mechanism, fund, tax, or program from which the subscriber receives a subsidy, as well as the governmental authority whose rules require or authorize the subsidy; (3) the basis for such contribution or assessment; (4) the dollar amount that is being attributed to and collected from such subscriber for such mechanism, fund, tax, or program; and (5) the average amount per month by which the subscriber's service is reduced by any identified subsidy.
Bill· HRH.R. 3015 (106th)referred
United States · United States Congress · 5 October 1999
Community Savings and Investment Act of 1999 - Amends the Internal Revenue Code to: (1) establish a separate tax rate for a qualified community lender; and (2) permit the exclusion from gross income of distressed community banking income.