datamatters24/research-document-archive huggingface dataset:
I
106TH CONGRESS
1ST SESSION
H. R. 821
To amend title XIX of the Social Security Act to require Medicaid coverage
of disabled children, and individuals who became disabled as children,
without regard to income or assets.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1999
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend title XIX of the Social Security Act to require
Medicaid coverage of disabled children, and individuals
who became disabled as children, without regard to in-
come or assets.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MEDICAID COVERAGE OF DISABLED CHIL-
DREN, AND INDIVIDUALS WHO BECAME DIS-
ABLED AS CHILDREN, WITHOUT REGARD TO
INCOME OR ASSETS.
(a) IN GENERAL.—Section 1902(a)(10)(A)(i) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is
amended—
(1) by striking ‘‘or’’ at the end of subclause
(VI);
(2) by striking the semicolon at the end of sub-
clause (VII) and inserting ‘‘, or’’; and
(3) by adding at the end the following new sub-
clause:
‘‘(VIII) who are disabled (as de-
termined under section 1614 for pur-
poses of the supplemental income se-
curity program) on the basis of an im-
pairment that arose before the indi-
vidual attained 19 years of age and
who were so disabled before attaining
such age;’’.
(b) WAIVER
OF
INCOME
LIMITATION.—Section
1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amend-
ed 
by 
inserting 
‘‘1902(a)(10)(A)(i)(VIII),’’ 
after
‘‘1902(a)(10)(A)(i)(VII),’’.
(c) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendments made by this section
apply to calendar quarters beginning on or after the date
that is 18 months after the date of the enactment of this
Act, without regard to whether or not final regulations to
carry out such amendments have been promulgated by
such date.
(2) In the case of a State plan for medical assistance
under title XIX of the Social Security Act which the Sec-
retary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional require-
ment imposed by the amendments made by subsection (a),
the State plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis of
its failure to meet this additional requirement before the
first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of the enactment of this Act.
For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular ses-
sion of the State legislature.
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HR 833 EAS
in connection with the surrender or return of such
equipment.
‘‘(4) Paragraph (1) applies to a secured party, lessor,
or conditional vendor acting in its own behalf or acting
as trustee or otherwise in behalf of another party.
‘‘(b) The trustee and the secured party, lessor, or condi-
tional vendor whose right to take possession is protected
under subsection (a) may agree, subject to the approval of
the court, to extend the 60-day period specified in subsection
(a)(1).
‘‘(c)(1) In any case under this chapter, the trustee shall
immediately surrender and return to a secured party, les-
sor, or conditional vendor, described in subsection (a)(1),
equipment described in subsection (a)(3), if at any time
after the date of the order for relief under this chapter such
secured party, lessor, or conditional vendor is entitled under
subsection (a)(1) to take possession of such equipment and
makes a written demand for such possession to the trustee.
‘‘(2) At such time as the trustee is required under
paragraph (1) to surrender and return equipment described
in subsection (a)(3), any lease of such equipment, and any
security agreement or conditional sale contract relating to
such equipment, if such security agreement or conditional
sale contract is an executory contract, shall be deemed re-
jected.
HR 823 IH
‘‘(A) the financial safety, soundness, or
stability of an affiliated depository institution;
or
‘‘(B) the domestic or international pay-
ment system.
‘‘(2) CRITERIA
FOR
BOARD
ACTION.—The
Board shall not take action otherwise permitted
under paragraph (1) unless the Board finds that it
is not reasonably possible to effectively protect
against the material risk at issue through action di-
rected at or against the affiliated depository institu-
tion or against depository institutions generally.
‘‘(b) LIMITATION ON INDIRECT ACTION.—The Board
may not prescribe regulations, issue or seek entry of or-
ders, impose restraints, restrictions, guidelines, require-
ments, safeguards, or standards, or otherwise take any ac-
tion under or pursuant to any provision of this Act or sec-
tion 8 of the Federal Deposit Insurance Act against or
with respect to a bank holding company where the purpose
or effect of doing so would be to take action indirectly
against or with respect to a regulated subsidiary that may
not be taken directly against or with respect to such sub-
sidiary in accordance with subsection (a).
‘‘(c) ACTIONS SPECIFICALLY AUTHORIZED.—Not-
withstanding subsection (a), the Board may take action
HR 823 IH
under this Act or section 8 of the Federal Deposit Insur-
ance Act to enforce compliance by a regulated subsidiary
with Federal law that the Board has specific jurisdiction
to enforce against each subsidiary.
‘‘(d) REGULATED SUBSIDIARY DEFINED.—For pur-
poses of this section, the term ‘regulated subsidiary’
means any company that is not a bank holding company
and is—
‘‘(1) a broker or dealer registered under the Se-
curities Exchange Act of 1934;
‘‘(2) an investment adviser registered under the
Investment Advisers Act of 1940, with respect to the
investment advisory activities of such investment ad-
viser and activities incidental to such investment ad-
visory activities;
‘‘(3) an investment company registered under
the Investment Company Act of 1940;
‘‘(4) an insurance company or an insurance
agency subject to supervision by a State insurance
commission, agency, or similar authority; or
‘‘(5) an entity subject to regulation by the Com-
modity Futures Trading Commission, with respect
to the commodities activities of such entity and ac-
tivities incidental to such commodities activities.’’.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 824
Expressing the sense of the Congress that the Government of Poland should
address the claims of Polish-Americans whose homes and properties
were wrongfully expropriated under Poland’s former totalitarian govern-
ment.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1999
Mr. BARCIA introduced the following bill; which was referred to the Committee
on International Relations
A BILL
Expressing the sense of the Congress that the Government
of Poland should address the claims of Polish-Americans
whose homes and properties were wrongfully expropriated
under Poland’s former totalitarian government.
Whereas during Nazi Germany’s domination of Europe the
systematic genocide of 6,000,000 Jews was conducted,
and more than 8,000,000 members of other ethnic, reli-
gious, and political groups were murdered;
Whereas during that dark time millions of Poles were impris-
oned or were deported to ghettos, forced labor camps,
and concentration camps;
Whereas the totalitarian regime that subsequently came to
power in Poland perpetrated additional horrors of per-
sonal devastation and property expropriation upon tens of
thousands of Poles, including Jewish survivors;
Whereas more than 100,000 of the victims of this dark epi-
sode fled their homeland, with many finding sanctuary
and refuge in the United States, while their homes and
properties were occupied by trespassers and opportunists;
Whereas aging victims today chaff at the fact that their
homes and properties are still possessed by those tres-
passers and opportunists who continue to enjoy the fruits
of their ill-gotten gains despite the fall of the Iron Cur-
tain;
Whereas the Government of Poland has taken nominal and
ineffective measures that create the appearance of provid-
ing compensation to these victims, while onerous eligi-
bility requirements, unreasonable statutes of limitation,
and complex procedures mean only a handful have had
their claims fairly addressed;
Whereas every United States citizen can expect the protection
of the Nation’s legal, political, and diplomatic resources;
and
Whereas the Government of Poland has not provided for the
fair consideration of the legitimate claims of victims who
are now United States citizens: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that—
(1) the President should inform the Govern-
ment of Poland of the plight of Polish-Americans
who deserve to have their citizenship restored and
claims to their wrongfully expropriated homes and
HR 825 IH
national agreements, including multilateral conventions,
entered into before such date between the United States
and Macau, or entered into force before such date between
the United States and the Republic of Portugal and ap-
plied to Macau, unless or until terminated in accordance
with law. If, in carrying out this title, the President deter-
mines that Macau is not legally competent to carry out
its obligations under any such treaty or other international
agreement, or that the continuation of Macau’s obligations
or rights under any such treaty or other international
agreement is not appropriate under the circumstances, the
President shall promptly notify the Committee on Inter-
national Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate con-
cerning such determination, and shall take appropriate ac-
tion to modify or terminate such treaty or other inter-
national agreement.
(c) 
EXPORT
CONTROLS.—Notwithstanding 
sub-
section (a) or any other provision of law, the President
shall establish with respect to Macau, within 90 days after
the date of the enactment of this Act, such export control
policies and regulations as he determines to be advisable
in the national security interests of the United States.
properties considered under a fair rule of law that
provides for compensation and restitution regardless
of a claimant’s current nationality;
(2) the Government of Poland should imme-
diately fulfill its responsibilities to consider the
claims of these victims under such a rule of law; and
(3) the President should instruct the represent-
atives of the United States to all multilateral treaty-
based institutions to work to deny admission or fi-
nancial benefits to the Government of Poland until
it fulfills these responsibilities.
Æ
period at the end the following: ‘‘or to adminis-
trative costs of determinations of the eligibility
of children and pregnant women for benefits
under the State plan under this title or title
XXI, outreach to children and pregnant women
likely to be eligible for such benefits, and such
other outreach- and eligibility-related activities
as the Secretary may approve’’;
(C) in paragraph (3), by striking ‘‘and
ending with fiscal year 2000’’; and
(D) by striking paragraph (4) and insert-
ing the following:
‘‘(4) ENCOURAGING USE OF LOCAL AND COM-
MUNITY-BASED ORGANIZATIONS IN OUTREACH AND
ENROLLMENT ACTIVITIES.—The Secretary shall es-
tablish a procedure under which, if States do not
otherwise obligate the amounts made available under
this subsection, local and community-based public or
nonprofit organizations (including local and county
governments, public health departments, community
health centers, children’s hospitals, and dispropor-
tionate share hospitals) may seek to have adminis-
trative costs relating to outreach and enrollment of
children and pregnant women under this title and
title XXI be treated as administrative costs of a
183
HR 833 EAS
‘‘(B) gross mismanagement of the estate;
‘‘(C) failure to maintain appropriate insurance
that poses a risk to the estate or to the public;
‘‘(D) unauthorized use of cash collateral harmful
to 1 or more creditors;
‘‘(E) failure to comply with an order of the
court;
‘‘(F) repeated failure timely to satisfy any filing
or reporting requirement established by this title or
by any rule applicable to a case under this chapter;
‘‘(G) failure to attend the meeting of creditors
convened under section 341(a) or an examination or-
dered under Rule 2004 of the Federal Rules of Bank-
ruptcy Procedure;
‘‘(H) failure timely to provide information or at-
tend meetings reasonably requested by the United
States trustee;
‘‘(I) failure timely to pay taxes due after the
date of the order for relief or to file tax returns due
after the order for relief;
‘‘(J) failure to file a disclosure statement, or to
file or confirm a plan, within the time fixed by this
title or by order of the court;
‘‘(K) failure to pay any fees or charges required
under chapter 123 of title 28;
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HR 833 EAS
‘‘(1) assistance is sought in the United States by
a foreign court or a foreign representative in connec-
tion with a foreign proceeding;
‘‘(2) assistance is sought in a foreign country in
connection with a case under this title;
‘‘(3) a foreign proceeding and a case under this
title with respect to the same debtor are taking place
concurrently; or
‘‘(4) creditors or other interested persons in a
foreign country have an interest in requesting the
commencement of, or participating in, a case or pro-
ceeding under this title.
‘‘(c) This chapter does not apply to—
‘‘(1) a proceeding concerning an entity identified
by exclusion in subsection 109(b);
‘‘(2) an individual, or to an individual and such
individual’s spouse, who have debts within the limits
specified in section 109(e) and who are citizens of the
United States or aliens lawfully admitted for perma-
nent residence in the United States; or
‘‘(3) an entity subject to a proceeding under the
Securities Investor Protection Act of 1970 (84 Stat.
1636 et seq.), a stockbroker subject to subchapter III
of chapter 7 of this title, or a commodity broker sub-
ject to subchapter IV of chapter 7 of this title.
I
106TH CONGRESS
1ST SESSION
H. R. 82
To amend title 5, United States Code, to provide that the Civil Service
Retirement and Disability Fund be excluded from the budget of the
United States Government.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. BILIRAKIS introduced the following bill; which was referred to the Com-
mittee on Government Reform and Oversight, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend title 5, United States Code, to provide that the
Civil Service Retirement and Disability Fund be excluded
from the budget of the United States Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 8348 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(n) Notwithstanding any other provision of law, the
receipts and disbursements of the Fund—
HR 82 IH
‘‘(1) shall not be included in the totals of—
‘‘(A) the budget of the United States Gov-
ernment as submitted by the President; or
‘‘(B) the congressional budget (including
allocations of budget authority and outlays pro-
vided therein);
‘‘(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
net lending (budget outlays) of the United States
Government; and
‘‘(3) shall be exempt from any order issued
under part C of the Balanced Budget and Emer-
gency Deficit Control Act of 1985.’’.
Æ
(1) in subsection (a)—
(A) in paragraph (6), by striking ‘‘and’’ at
the end;
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(8) court supervised initiatives that address
the illegal possession of firearms by juveniles.’’; and
(2) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘demonstrate ability in’’;
(B) in paragraph (1), by inserting ‘‘have in
effect’’ after ‘‘(1)’’;
(C) in paragraph (2)—
(i) by inserting ‘‘have developed’’ after
‘‘(2)’’; and
(ii) by striking ‘‘and’’ at the end;
(D) in paragraph (3)—
(i) by inserting ‘‘are actively’’ after
‘‘(3)’’; and
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(4) have in effect a policy or practice that re-
quires State and local law enforcement agencies to
I
106TH CONGRESS
1ST SESSION
H. R. 831
To amend the Incentive Grants for Local Delinquency Prevention Programs
Act to authorize appropriations for fiscal years 2000 through 2005,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1999
Ms. DUNN (for herself and Mr. DEFAZIO) introduced the following bill; which
was referred to the Committee on Education and the Workforce
A BILL
To amend the Incentive Grants for Local Delinquency Pre-
vention Programs Act to authorize appropriations for
fiscal years 2000 through 2005, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Schoolyard Safety Act
of 1999’’.
SEC. 2. AMENDMENTS.
(a) GRANTS.—Section 505 of the Incentive Grants
for Local Delinquency Prevention Programs Act (42
U.S.C. 5784) is amended—
HR 833 EAS
month of the 60 months following the date of the
petition; and
‘‘(bb) any additional payments to secured
creditors necessary for the debtor, in filing a
plan under chapter 13 of this title, to maintain
possession of the debtor’s primary residence,
motor vehicle, or other property necessary for the
support of the debtor and the debtor’s depend-
ents, that serves as collateral for secured debts;
divided by
‘‘(II) 60.
‘‘(iv) The debtor’s expenses for payment of all priority
claims (including priority child support and alimony
claims) shall be calculated as—
‘‘(I) the total amount of debts entitled to pri-
ority; divided by
‘‘(II) 60.
‘‘(B)(i) In any proceeding brought under this sub-
section, the presumption of abuse may be rebutted by dem-
onstrating special circumstances that justify additional ex-
penses or adjustments of current monthly total income. In
order to establish special circumstances, the debtor shall be
required to—
‘‘(I) itemize each additional expense or adjust-
ment of income; and
detain for not less than 24 hours any juvenile who
unlawfully possesses a firearm in a school upon a
finding by a judicial officer that the juvenile may be
a danger to himself or herself, or to the commu-
nity.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
506 of the Incentive Grants for Local Delinquency Preven-
tion Programs Act (42 U.S.C. 5785) is amended—
(1) by striking ‘‘$30,000,000’’ and all that fol-
lows through ‘‘1993 and’’; and
(2) by striking ‘‘1994, 1995, and 1996’’ and in-
serting ‘‘2000 through 2005’’.
Æ
189
‘‘The duration period shall be 5 years if the current
monthly income of the debtor and the debtor’s spouse
combined, when multiplied by 12, is not less than the high-
est national median family income last reported by the Bu-
reau of the Census for a family of equal or lesser size or,
in the case of a household of one person, the national me-
dian household income for one earner, as of the date of
the modification and shall be 3 years if the current month-
ly total income of the debtor and the debtor’s spouse com-
bined, when multiplied by 12, is less than the highest na-
tional median family income last reported by the Bureau
of the Census for a family of equal or lesser size or, in
the case of a household of one person, less than the na-
tional median household income for one earner as of the
date of the modification. Notwithstanding the foregoing,
the national median family income for a family of more
than four individuals shall be the national median family
income last reported by the Bureau of the Census for a
family of four individuals plus $583 for each additional
member of the family.’’.
SEC. 607. SENSE OF THE CONGRESS REGARDING EXPAN-
SION OF RULE 9011 OF THE FEDERAL RULES
OF BANKRUPTCY PROCEDURE.
It is the sense of the Congress that rule 9011 of the
Federal Rules of Bankruptcy Procedure (11 U.S.C. App)
316
shall not be stayed, avoided, or otherwise limited by oper-
ation of any provision of this title or by any order of a
court or administrative agency in any proceeding under
this title.
‘‘(b) EXCEPTION.—
‘‘(1) A party may exercise a contractual right
described in subsection (a) to terminate, liquidate, or
accelerate only to the extent that such party could
exercise such a right under section 555, 556, 559,
or 560 for each individual contract covered by the
master netting agreement in issue.
‘‘(2) If a debtor is a commodity broker subject
to subchapter IV of chapter 7 of this title—
‘‘(A) a party may not net or offset an obli-
gation to the debtor arising under, or in con-
nection with, a commodity contract against any
claim arising under, or in connection with,
other instruments, contracts, or agreements
listed in subsection (a) except to the extent the
party has positive net equity in the commodity
accounts at the debtor, as calculated under sub-
chapter IV; and
‘‘(B) another commodity broker may not
net or offset an obligation to the debtor arising
under, or in connection with, a commodity con-
services contract and the financial need for such re-
jection as sought by the debtor) of the debtor’s fi-
nancial situation demonstrates abuse.
‘‘(4)(A) If a panel trustee appointed under section
586(a)(1) of title 28 or bankruptcy administrator brings
a motion for dismissal or conversion under this subsection
and the court grants that motion and finds that the action
of the counsel for the debtor in filing under this chapter
violated Rule 9011, the court shall assess damages which
may include ordering:
‘‘(i) the counsel for the debtor to reimburse the
trustee for all reasonable costs, including reasonable
attorneys’ fees.
‘‘(ii) the assessment of an appropriate civil pen-
alty against the counsel for the debtor; and
‘‘(iii) the payment of the civil penalty to the
panel trustee, bankruptcy administrator or the
United States trustee.
‘‘(B) In the case of a petition filed under sections
301, 302, or 303 of this title and supporting lists, sched-
ules and documents filed under section 521(a)(1) of this
title, the signature of an attorney on the petition shall con-
stitute a certificate that the attorney has—
‘‘(i) performed a reasonable investigation into
the circumstances that gave rise to the petition; and
without substantial excuse (but mere inad-
vertence or negligence shall not be sub-
stantial excuse unless the dismissal was
caused by the negligence of the debtor’s at-
torney), failed to provide adequate protec-
tion as ordered by the court, or failed to
perform the terms of a plan confirmed by
the court; or
‘‘(iii) there has not been a substantial
change in the financial or personal affairs
of the debtor since the dismissal of the
next most previous case under any of chap-
ters 7, 11, or 13 of this title, or any other
reason to conclude that the later case will
be concluded, if a case under chapter 7 of
this title, with a discharge, and if a chap-
ter 11 or 13 case, a confirmed plan which
will be fully performed;
‘‘(B) as to any creditor that commenced an
action under subsection (d) in a previous case
in which the individual was a debtor if, as of
the date of dismissal of such case, that action
was still pending or had been resolved by termi-
nating, conditioning, or limiting the stay as to
actions of such creditor.