United States · United States Congress · 17 March 1999
Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions included with a return to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Requires that expenditures from such Fund be used only for operations, maintenance, and construction of units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition.
United States · United States Congress · 17 March 1999
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which may be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 17 March 1999
Expresses the sense of Congress that: (1) the United States should reaffirm its commitment to the Taiwan Relations Act and the specific guarantees for the provision of legitimate defense articles to Taiwan contained therein; and (2) Congress has grave concerns over China's military modernization and weapons procurement program, especially ballistic missile capability and deployment that seem particularly directed toward threatening Taiwan. Calls on the President to: (1) direct all appropriate officials to raise these concerns with officials from the People's Republic of China; (2) seek from Chinese leaders a public renunciation of any use of (or threat to use) force against Taiwan; and (3) provide an annual report detailing the military balance on both sides of the Taiwan Strait. Calls for: (1) the executive branch to inform the appropriate congressional committees when officials from Taiwan seek to purchase defense articles for self-defense; (2) the U.S. Government to encourage a regional high-level dialogue on the best means of ensuring stability, peace, and freedom of the seas in East Asia; and (3) the President to encourage further dialogue between Taiwan and China. Declares that it should be U.S. policy to publicly support Taiwan's admission to the World Trade Organization as soon as possible and to encourage others to adopt similar policies.
United States · United States Congress · 16 March 1999
Immunosuppressive Drug Coverage Extension Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to eliminate the time limitation on Medicare benefits for immunosuppressive drugs.
United States · United States Congress · 11 March 1999
TABLE OF CONTENTS: Title I: Expanding Coverage Title II: Enhancing Fairness for Women and Children Title III: Increasing Portability for Participants Title IV: Strengthening Pension Security and Enforcement Title V: Reducing Regulatory Burdens Comprehensive Retirement Security and Pension Reform Act - Amends the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA) with respect to pensions. Title I: Expanding Coverage - Restores the amounts of certain limitations formerly in effect under the Code for: (1) defined benefit plans; (2) defined contribution plans; (3) qualified trusts; (4) elective deferrals; (5) deferred compensation plans of State and local governments and tax-exempt organizations; (6) simple retirement accounts; and (7) cost-of-living adjustments. (Sec. 102) Amends the Code and ERISA to revise requirements relating to plan loans for subchapter S owners, partners, and sole proprietors. (Sec. 103) Allows employers to elect salary reduction only arrangements under Code requirements for simple plans. (Sec. 104) Revises specified top-heavy rules. Repeals family aggregation rules. Revises the definition of key employee. Provides that, at the election of the employer, any employee elective contribution to a plan shall not be taken into account for purposes of determining: (1) whether a plan is a top-heavy plan (or whether any aggregation group which includes such plan is a top-heavy group); or (2) compensation. Requires that employer matching contributions be taken into account for purposes of minimum contribution requirements. Revises requirements for qualifications. Provides for distributions during the last year before a determination date is taken into account. Excludes from the definition of top-heavy plan: (1) cash or deferred arrangements using alternative methods of meeting nondiscrimination requirements; and (2) defined contribution plans using alternative methods of meeting nondiscrimination requirements. Provides that elective deferrals will not be taken into account for purposes of a special rule where the maximum contribution is less than three percent. (Sec. 105) Provides that qualified staffing firms are to be considered employers for purposes of: (1) specified employment taxes; and (2) providing employee benefits. Provides for coverage of leased employees in employment benefit plans by: (1) applying to leased employees certain requirements concerning cash or deferred arrangements, matching contributions, and employee contributions; and (2) setting forth special rules for the leasing organization's plan. Revises safe harbor plan requirements. (Sec. 106) Provides that elective deferrals shall not be taken into account for purposes of limits on certain plan contributions. (Sec. 107) Amends ERISA to provide for a phase-in of an additional premium for new plans to pay to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 108) Repeals specified coordination requirements under the Code for deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 109) Eliminates user fee requirements for requests to the Internal Revenue Service (IRS) concerning the status of pension plans. (Sec. 110) Sets forth an alternative method of meeting nondiscrimination requirements for automatic contribution trusts. (Sec. 111) Revises certain deduction limits for stock bonus and profit sharing trusts and for defined contribution plans. (Sec. 112) Provides for optional treatment of elective deferrals as plus contributions. (Sec. 113) Establishes a tax credit for pension plan startup costs of small employers. Title II: Enhancing Fairness for Women and Children - Allows additional salary reduction catch-up contributions for those approaching retirement under Code requirements relating to: (1) elective deferrals; (2) simple retirement accounts; and (3) deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 202) Sets forth requirements relating to equitable treatment for contributions of employees to defined contribution plans. Requires that certain contributions by church plans are not to be treated as exceeding a specified limit. (Sec. 203) Provides for faster vesting of certain employer matching contributions under the Code and ERISA. (Sec. 204) Amends Federal civil service law to revise requirements for deferred annuities for surviving spouses of Federal employees under both the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). (Sec. 205) Revises minimum distribution rules under the Code. Revises requirements for actuarial adjustment of benefit under a defined benefit plan. Directs the Secretary of the Treasury to: (1) simplify and finalize the regulations relating to minimum distribution requirements; and (2) modify such regulations to reflect increases in life expectancy, and revise required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. Provides that, during the first year that such revised regulations are in effect, required distributions for future years may be redetermined, with the opportunity to choose a new designated beneficiary and to elect a new method of calculating life expectancy. Excludes specified amounts from minimum distribution requirements. Repeals a rule relating to distributions begun before death occurs. (Sec. 206) Revises requirements relating to tax treatment of division of section 457 plan benefits upon divorce. (Sec. 207) Amends Federal civil service law to eliminate certain percentage limitations on contributions to the Thrift Savings Fund (TSF) under FERS and CSRS. (Sec. 208) Allows certain contributions to TSF of eligible rollover distributions of eligible retirement plans. (Sec. 209) Eliminates certain waiting periods for purposes of contributions to TSF. Title III: Increasing Portability for Participants - Permits rollovers from and to various types of plans under the Code. (Sec. 302) Permits individual retirement plan (IRA) rollovers only if certain conditions are met. (Sec. 303) Permits rollover of after-tax contributions in an exempt trust under specified conditions. Sets forth a hardship exception to the 60-day rule. (Sec. 304) Sets forth requirements for treatment of forms of distribution available under transferor and transferee plans, under both the Code and ERISA. (Sec. 305) Revises restrictions on distributions, including the same desk exception. Repeals business sale requirements. (Sec. 306) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to governmental defined benefit plans. (Sec. 307) Allows employers to disregard rollovers for purposes of cash-out amounts, under retirement plan provisions of the Code and ERISA. Title IV: Strengthening Pension Security and Enforcement - Amends the Code and ERISA to revise the percentage of current liability funding limit. Revises maximum contribution deduction rules and applies them to all defined benefit plan under the Code. (Sec. 402) Amends ERISA to revise requirements relating to missing participants. Direct the PBGC to prescribe rules relating to missing participants for multiemployer plans covered by the PBGC that terminate. Allows the administrator of a plan not otherwise subject to such PBGC regulation to elect to transfer a missing participant's benefits to the PBGC upon termination of the plan, under specified conditions. (Sec. 403) Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 404) Amends ERISA to make discretionary the imposition and amount of civil penalties for breach of fiduciary responsibility. Revises requirements for the applicable recovery amount and related rules. (Sec. 405) Amends the Code to allow an employer, in determining the amount of nondeductible contributions for any taxable year, to elect not to take into account any contributions to a defined benefit plan except to the extent that they exceed the full-funding limitation. (Sec. 406) Amends the Taxpayer Relief Act of 1997 to make specified amendments inapplicable to elective deferrals used to pay indebtedness, incurred before a certain date, on plan acquisition of employer securities or real property. (Sec. 407) Amends ERISA to revise requirements for notice of significant reductions in plan benefits. Title V: Reducing Regulatory Burdens - Amends the Code to provide intermediate sanctions for inadvertent failures. Provides for protection from disqualification upon timely correction or payment of fine under requirements for: (1) qualified pension, profit-sharing, and stock bonus plans; (2) qualified cash or deferred arrangements (section 401(k) plans); and (3) annuity contracts. Provides that, under requirements relating to taxability of the beneficiary of a nonexempt trust, income inclusion for disqualification is not applicable to nonhighly compensated employees. (Sec. 502) Repeals a multiple use test. Directs the Secretary prescribe regulations permitting appropriate aggregation of plans and contributions. (Sec. 503) Directs the Secretary to provide by regulation that a plan shall be deemed to satisfy specified requirements of the Code if it satisfies a certain facts and circumstances test, under specified conditions. (Sec. 504) Revises line of business rules to: (1) repeal a gateway test; and (2) provide a line of business exception. Directs the Secretary to modify regulations relating to special rules for separate lines of business under the Code to: (1) simplify the administrability of the rules for both the Secretary and plans; and (2) permit employees to be allocated among lines of business based on all the facts and circumstances. (Sec. 505) Grants the Secretary discretion in applying a specified coverage test to a plan. (Sec. 506) Amends the Code and ERISA to provide for an annual inflation adjustment to increase the retirement plan cash-out amount. (Sec. 507) Amends the Code and ERISA to revise requirements relating to timing of plan valuations. (Sec. 508) Makes inapplicable to certain mirror plans specified Code requirements relating to deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 509) Amends ERISA rules for substantial owners relating to plan terminations to revise: (1) the phase-in of the guarantee; and (2) the allocation of assets. (Sec. 510) Amends Code requirements for applicable dividends to allow dividends of employee stock ownership plans to be reinvested without loss of dividend deduction. (Sec. 511) Directs the Secretary of the Treasury to modify the regulations regarding the exclusion allowance to render void the requirement that contributions to a defined benefit pension plan be treated as previously excluded amounts. (Sec. 512) Provides for a special limitation rule for multiemployer plans as well as governmental plans. (Sec. 513) Eliminates partial termination rules for multiemployer plans. (Sec. 514) Revises the notice and consent period regarding distributions. Directs the Secretary to modify certain regulations under the Code 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. 515) Sets forth conforming amendments relating to election to receive taxable cash compensation in lieu of nontaxable parking benefits. (Sec. 516) Extends to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local plans. (Sec. 517) Directs the Secretary to modify certain regulations with respect to certain plan participation by employees of tax-exempt entities under the Code. (Sec. 518) Provides for permissive aggregation of collective bargaining units in specified circumstances relating to plan participation under the Code. (Sec. 519) Repeals a transition rule relating to certain highly compensated employees under the Tax Reform Act of 1986. (Sec. 520) Treats the provision of certain retirement planning services by an employer to an employee as a de minimis fringe benefit to the extent it is not treated as a working condition fringe. Prohibits including an amount in an employee's gross income solely because the employee may choose between any retirement planning fringe and compensation otherwise includible in gross income, providing such choices are available in a way that does not discriminate in favor of highly compensated employees. (Sec. 521) Revises ERISA requirements for annual report dissemination. (Sec. 522) Revises the ERISA definition of an excess benefit plan. (Sec. 523) Directs the Secretary of Labor to modify a regulation requiring a benefit suspension notification to allow such notification to: (1) be included in the summary plan description, rather than in a separate notice; and (2) not include a copy of the relevant plan provisions. (Sec. 524) Prescribes requirements for plan amendments or annuity contract amendments under the Code and ERISA. (Sec. 525) Directs the Secretary of the Treasury to provide simplified annual filing requirements for: (1) one-participant (an owner and spouse) retirement plans with assets below a specified amount; or (2) retirement plans for fewer than 25 employees. (Sec. 526) Directs the Secretary of the Treasury to issue model defined contribution and benefit plans that fit the needs of small businesses.
United States · United States Congress · 11 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 11 March 1999
Debt Relief for Poverty Reduction Act of 1999 - Amends the Foreign Assistance Act of 1961 to direct the President, subject to authorization of appropriations, to cancel or reduce all amounts owed to the United States by heavily indebted poor countries (HIPCs) as a result of concessional and nonconcessional loans made, guarantees issued, or credits extended prior to January 1, 1996, under any provision of law. Sets forth eligibility requirements for cancellation or reduction of debt for HIPCs. Directs the President, in canceling or reducing debt, to give priority to HIPCs that have demonstrated a sustained commitment to poverty alleviation or have recently suffered a major natural disaster. (Sec. 2) Provides that cancellation or reduction of debt shall not be considered to be assistance for purposes of any law limiting assistance to a country. Authorizes appropriations. Sets forth certain procedures for the making of new loans, extending new credits, or issuing new guarantees to the governments of developing countries. (Sec. 3) Amends the International Financial Institutions Act to urge the President, in order to accelerate multilateral debt relief and promote economic and human development and poverty alleviation in HIPCs, to commence diplomatic efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions to make certain modifications in the Heavily Indebted Poor Countries (HIPC) Initiative, including: (1) the placing of a limit on maximum waiting period before a country receives debt relief; (2) the incorporation of poverty reduction and environmental protection as conditions for HIPC debt relief; (3) the revision of country eligibility requirements under the HIPC Initiative; (4) the adoption of a human development action plan and fund by HIPCs; (5) limits on the amount of debt reduction; (6) transparency and participation by HIPCs in HIPC decision making; and (7) the provision of HIPC review. Authorizes appropriations for the HIPC Trust Fund. Declares the sense of Congress that the amounts that would otherwise be provided by the United States for development aid or other debt relief should not be reduced on account of any such appropriations. Directs the President to work with the member countries of international financial institutions to ensure transparency and public participation in decisions to make new loans (including terms and conditions of such loans) to developing countries.
United States · United States Congress · 11 March 1999
Regulatory Right-to-Know Act of 1999 - Directs the President, acting through the Director of the Office of Management and Budget, to submit annually to the Congress an accounting statement and associated report containing: (1) an estimate of the total annual costs and benefits of Federal regulatory programs in the aggregate; by agency, agency program, and program component; and by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among such programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. Requires the Director, in estimates contained in any submission, to quantify the net benefits or net costs of each program component, each major rule, and each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule. Requires the Director to include in each submission a table stating the number of major and nonmajor rules issued by each agency in the preceding fiscal year. Requires the accounting statement, at a minimum, to: (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and the four following fiscal years; (2) cover previously expected costs and benefits for the two preceding fiscal years, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to that were included in the regulatory impact analysis that was prepared for such major rule. Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits and the format of information provided for accounting statements; and (2) review agency submissions for consistency with such guidelines. Requires the Director: (1) before submitting the statement and report and before preparing final guidelines, to provide public notice and an opportunity to comment and to consult with the Director of the Congressional Budget Office; and (2) to include an appendix to the report or guidelines addressing public and peer review comments. Directs the Director to arrange for two or more organizations that are independent of the Government and that have nationally recognized expertise in regulatory analysis and regulatory accounting to provide peer review of each accounting statement and associated report and the guidelines before such statement, report, or guidelines are final.
United States · United States Congress · 11 March 1999
Homeless Housing Programs Consolidation and Flexibility Act - Amends the Stewart B. McKinney Homeless Assistance Act (Act) to authorize appropriations through FY 2004 for the Federal Emergency Management Agency food and shelter program. (Sec. 5) Consolidates the existing homeless housing programs under title IV of such Act into a permanent housing development and flexible block grant homeless assistance program. Makes grants available to States, cities, urban counties, and insular areas. Defines "eligible grantees" to be: (1) with respect to grants for insular areas, the insular area, or a designated entity, including a private nonprofit entity; and (2) with respect to grants for permanent housing development and flexible assistance, the State, local government, or designated entity. Authorizes grantees to transfer funds for eligible activities to project sponsors. Sets forth selection criteria. Sets forth allocation provisions for: (1) insular areas; (2) permanent housing development grants; and (3) flexible block grant homeless assistance. Sets forth matching fund and program requirements. Requires consultation regarding the use of available National Guard facilities as homeless shelters. Establishes and obligates funds for a companion services block grant program to be carried out through the Interagency Council on the Homeless in cases of inadequate assistance for the homeless. Authorizes permanent housing development grant use to construct, rehabilitate, or acquire permanent housing. Prohibits fund use for supportive services. Requires: (1) at least 50 percent use through nonprofit organizations (with an available waiver); and (2) targeting of special populations. Authorizes flexible block grant use for: (1) construction, acquisition, rehabilitation, leasing, and operation of supportive housing; (2) homelessness prevention; (3) permanent housing activities; (4) emergency shelter; (5) supportive services; and (6) technical assistance. Requires at least 50 percent use through nonprofit organizations (with an available waiver). Includes within supportive housing transitional housing, single room occupancy dwellings, and safe haven housing. Considers a facility as emergency shelter if it is designed to provide overnight sleeping accommodations for the homeless, including eating and cooking accommodations. Sets forth reporting requirements for: (1) grantees; and (2) the Secretary of Housing and Urban Development. Authorizes appropriations through FY 2004. (Sec. 6) Revises responsibilities of the Interagency Council on the Homeless. Extends the Council's termination date through October 1, 2004. Obligates specified amounts for the Council from appropriations to carry out such Act. (Sec. 7) Directs the Secretary to request that each executive agency identify facilities under its jurisdiction that would be suitable for overnight homeless shelters. (Sec. 8) Repeals specified provisions and makes conforming amendments to the following Acts: (1) HUD Demonstration Act of 1993 (innovative homeless initiatives); (2) Housing and Community Development Act of 1992 (FHA single family property disposition for homeless use); (3) Housing Act of 1949 (housing for rural homeless and migrant farmworkers); (4) United States Housing Act of 1937 (SRO assistance program); and (5) Cranston-Gonzalez National Affordable Housing Act (youthbuild). (Sec. 9) Provides that: (1) existing agreements will not be abrogated by this Act; and (2) previously obligated funds will be subject to such Act as in effect prior to enactment of this Act.
United States · United States Congress · 11 March 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the U.S. Postal Service to prepare to issue a commemorative postage stamp in 2002 recognizing the 4-H Youth Development Program's centennial.
United States · United States Congress · 10 March 1999
Military Family Food Stamp Tax Credit Act of 1999 - Amends the Internal Revenue Code to annually allow a $500 refundable credit to certain low-income members of the uniformed services.
United States · United States Congress · 9 March 1999
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 9 March 1999
Farm Independence Act of 1999 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude net earnings from a lease agreement (currently, an arrangement) from income with respect to farmland.
United States · United States Congress · 4 March 1999
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either House of Congress.
United States · United States Congress · 4 March 1999
TABLE OF CONTENTS: Title I: United States-Caribbean Trade Partnership Title II: Foreign Assistance For Central America and the Caribbean Subtitle A: Microcredit and Agricultural Assistance Subtitle B: Overseas Private Investment Corporation Subtitle C: Economic Support Fund Assistance Title III: Department of Defense Title IV: Immigration and Naturalization Service Title V: Debt Rescheduling and Reduction for Honduras and Nicaragua; Funding for the Central American Emergency Trust Fund of the International Bank for Reconstruction and Development Subtitle A: Debt Rescheduling and Reduction for Honduras and Nicaragua Subtitle B: Authorization of Funding for the Central American Emergency Trust Fund of the International Bank for Reconstruction and Development Caribbean and Central America Relief and Economic Stabilization Act - Title I: United States-Caribbean Trade Partnership - United States-Caribbean Trade Partnership Act -Amends the Caribbean Basin Economic Recovery Act (CBERA) to accord, for a specified period, the same tariff and quota treatment (duty-free or reduced duty treatment, free of any quantitative limitations) given certain textile and apparel articles (including those imported from North American Free Trade Agreement (NAFTA) countries) to such articles from CBERA partnership countries, or beneficiary countries (other than Central American countries) planning to become parties to NAFTA, or a comparable free trade agreement. Subjects to certain penalties exporters that engage in the transshipment of such articles (preferential treatment claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components). (Sec. 104) Directs the Commissioner of Customs to analyze and report to Congress on the extent to which partnership countries have cooperated with the United States with respect to the circumvention of existing quotas on imports of textile and apparel goods, and taken appropriate measures against circumvention violators (including exporters and importers involved in false information declarations relating to such goods). (Sec. 105) Directs the President to: (1) monitor the effects, if any, that implementation of NAFTA has on the access of beneficiary countries to the U.S. market for sugars, syrups, and molasses; and (2) in the event such implementation is adversely affecting such countries' access to the U.S. market, to take specified action to ameliorate such adverse effect. (Sec. 106) Grants duty-free treatment to rum liqueurs and spirituous beverages from Canada if certain conditions are met. (Sec. 107) Directs the President to convene a meeting with the trade ministers of the partnership countries in order to reach agreement for initiating negotiations for partnership countries to accede to the NAFTA. (Sec. 108) Directs the United States Trade Representative (USTR) to assess, and report to specified congressional committees on, the economic development efforts and market oriented reforms in each partnership country, and the ability of each country, on the basis of such efforts and reforms, to undertake the obligations of the NAFTA. Title II: Foreign Assistance for Central America and the Caribbean - Subtitle A: Microcredit and Agricultural Assistance - Directs the Administrator of the U.S. Agency for International Development (AID) to use credit and microcredit assistance to provide disaster assistance to rehabilitate agriculture production in the hurricane-affected areas of Central America and the Caribbean. (Sec. 203) Authorizes the Administrator of AID to utilize relevant foreign assistance programs and initiatives for the Central America and Caribbean region to support private producer-owned cooperative marketing associations there, including rural business associations owned and controlled by farmer shareholders. (Sec. 204) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in Central America and the Caribbean. (Sec. 205) Provides assistance through the nonemergency food assistance programs of the Agriculture Trade Development and Assistance Act of 1954 to the hurricane-affected Central American and Caribbean areas. Subtitle B: Overseas Private Investment Corporation - Expresses the sense of Congress that the Overseas Private Investment Corporation (OPIC) should foster U.S. private investment and enhance the ability of private enterprise to make its full contribution in the hurricane- affected areas of Central America and the Caribbean. Subtitle C: Economic Support Fund Assistance - Authorizes appropriations for reconstruction and disaster mitigation assistance for the areas of Central America and the Caribbean affected by Hurricane Mitch and Hurricane Georges. Earmarks specified amounts for operating expenses of AID. (Sec. 222) Authorizes appropriations to reimburse the international disaster assistance account for expenses incurred with respect to such assistance provided to the affected areas of Central America and the Caribbean. Title III: Department of Defense - Authorizes appropriations for: (1) replenishment of the Department of Defense (DOD) accounts used in providing disaster relief and reconstruction to the hurricane- affected areas of Central America and the Caribbean (earmarking amounts for replenishment of operation and maintenance and military personal accounts, the Overseas Humanitarian Disaster and Civic Aid account, and the Commanders in Chief (CINC) Initiative Fund); and (2) the New Horizons Program (earmarking amounts for expanding National Guard and Reserve exercises in Central American countries and the Dominican Republic). Title IV: Immigration and Naturalization Service - Authorizes appropriations for Enforcement and Border Affairs within the Immigration and Naturalization Service (INS) to: (1) support increased detention requirements for Central American criminal aliens held in detention by the INS; and (2) address the expected influx of illegal immigrants from Central America. Title V: Debt Rescheduling and Reduction for Honduras and Nicaragua; Funding for Central American Emergency trust Fund of the International Bank for Reconstruction and Development - Subtitle A: Debt Rescheduling and Reduction for Honduras and Nicaragua - Authorizes the President to reschedule the repayment of interest on, and (subject to specific appropriations) reduce the amount of, the indebtedness owed by the Honduran and Nicaraguan governments to the United States. Authorizes appropriations. Subtitle B: Authorization of Funding for the Central American Emergency Trust Fund of the International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Bank for Reconstruction and Development (World Bank), subject to specific appropriations, to contribute $25 million on behalf of the United States to the Central American Emergency Trust Fund.
United States · United States Congress · 4 March 1999
TABLE OF CONTENTS: Title I: Airport and Airway Improvements Title II: Airline Service Improvements Subtitle A: Service to Airports Not Receiving Sufficient Service Subtitle B: Regional Air Service Incentive Program Title III: FAA Management Reform Title IV: Family Assistance Title V: Safety Title VI: Whistleblower Protection Title VII: Miscellaneous Provisions Title VIII: National Parks Air Tour Management Title IX: Truth in Budgeting Title X: Aviation Spending Guarantee Aviation Investment and Reform Act for the 21st Century - Title I: Airport and Airway Improvements - Amends Federal Aviation law to reauthorize through FY 2004: (1) the Airport Improvement Program (AIP); and (2) the Federal Aviation Administration (FAA) Facilities and Equipment Program. Earmarks a specified amount for the voluntary purchase and installation of universal access systems. (Sec. 103) Amends the Federal Aviation Act of 1958 to authorize appropriations for FAA operations through FY 2004. Makes specified allocations, including for: (1) wildlife hazard mitigation measures and management of the wildlife strike database of the FAA; and (2) a university consortium established to provide an air safety and security management certificate program. Sets forth fiscal year limits on amounts appropriated from the Airport and Airway Trust Fund for certain aviation improvement programs. (Sec. 104) Makes specified allocations out of the Trust Fund for the aviation safety accelerated program. Authorizes the Secretary of Transportation through FY 2004 to make grants out of such amounts for eligible projects to: (1) reduce delays and congestion at airports and in the air traffic control system; (2) construct airport improvements or acquire air traffic equipment to enhance competition among air carriers; and (3) enhance air service to small and medium-sized communities. Directs the Secretary to establish innovative methods for processing, reviewing, and approving such projects in order to reduce, to the maximum extent practicable, the time required from an applicant's request for project approval through the completion of the project. (Sec. 105) Makes specified changes to the formula for crediting airport improvement fund amounts to the discretionary fund. Revises the apportionment of airport improvement fund amounts to sponsors of primary (including cargo only) airports and to the States for each fiscal year. Provides minimum apportionments for reliever and nonprimary commercial service airports. Authorizes the use of airport improvement funds apportioned to Alaska, Puerto Rico, or Hawaii for any of their public airports. Authorizes the use of State-apportioned airport improvement funds for integrated airport system planning that encompasses one or more primary airports. Authorizes the Secretary to permit the use of State highway specifications for airfield pavement construction using airport improvement funds at nonprimary airports serving certain aircraft provided safety will not be negatively affected and the life of the pavement will not be shorter than it would be if constructed using FAA standards. Increases the apportionment for airport improvement funds for airport noise compatibility programs. Authorizes the use of the supplemental apportionment of airport improvement funds for Alaska for any of its public airports. Repeals a certain limitation on the apportionment of airport improvement funds for commercial service airports in Alaska. (Sec. 106) Authorizes the Secretary to use certain unobligated funds to make discretionary grants for airport planning and development. (Sec. 107) Increases from 12 to 20 at any time the number of current or former military airports that may receive airport improvement funds. Increases the amount of discretionary funds that are available to designated sponsors of current or former military airports to construct, improve, or repair airport terminal building facilities and airport surface parking lots, fuel farms, utilities, hangers, and air cargo terminals (50,000 square feet or less). (Sec. 108) Revises U.S. policies regarding aviation programs to encourage the funding and use of integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices. (Sec. 109) Provides for an eligible agency to impose a passenger facility fee of more than three dollars (currently, one, two, or three dollars) on each airline passenger of a domestic or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, provided certain conditions are met. (Sec. 110) Prohibits the approval of a passenger facility fee or airport improvement grant for a covered airport (one that has more than .25 percent of the total number of passenger boardings each year at all commercial service airports, and at which one or two air carriers control more than 50 percent of the passenger boardings) unless it submits a competition plan containing certain airport gate and related facility information. (Sec. 111) Provides that the lesser of $15 million or 20 percent of small airport grant funds be set-aside for each of the next four fiscal years to assist sponsors of airports (not located in Alaska and serve aircraft designed for more than nine but less than 31 passenger seats) in meeting the safety terms in airport operating certificates. Requires the Secretary to notify the grant recipient that the source of the grant is from the small airport fund. (Sec. 112) Directs the Secretary to establish a pilot program to contract for air traffic control services at Level I air traffic control towers that do not qualify for the Contract Tower Program. Sets forth specified program requirements. Authorizes appropriations. (Sec. 113) Authorizes the Secretary to approve not more than 20 projects in which airport improvement grant funds may be used for innovative financing techniques for airport development projects. (Sec. 114) Directs the Secretary, in order to improve security at public U.S. airports, to carry out not less than one project to test and evaluate innovative airport security systems and related technology. (Sec. 115) Declares that the Government's share of costs shall be: (1) not more than 90 percent for airport improvement projects funded under the State block grant program; (2) 100 percent for airport security projects funded with airport improvement funds; and (3) in FY 2000, 100 percent for any airport improvement funded project at a nonprimary airport, or at a primary airport having less than .05 percent of the total number of passenger boardings each year at all commercial service airports. (Sec. 116) Prohibits the Secretary from requiring an eligible agency to impose a passenger facility fee in order to obtain a letter of intent with respect to airport development projects. (Sec. 117) Treats as an eligible airport-related project with respect to which an eligible agency may impose a passenger facility fee: (1) the construction of a terminal building (including aircraft fueling facilities adjacent to it); and (2) the costs of terminal development at an airport that did not have more than .25 percent of the total U.S. annual passenger boardings and at which total passenger boardings declined by at least 16 percent between 1989 and 1997. (Sec. 119) Requires the Secretary to publish notice in the Federal Register and provide an opportunity for comment before any modification can be made with respect to airport development project grant assurances made by an airport owner or operator (before December 29, 1987) with respect to the disposal of surplus property for the airport. Declares that the Secretary may only release an option of the United States for a reversionary interest in property conveyed to a public agency sponsoring an airport development project after providing notice and an opportunity for public comment. Requires any Federal, executive branch department, agency, or instrumentality to grant priority to a request by a public agency (except another Federal executive branch department, agency, or instrumentality) for surplus property for use at a public airport. Authorizes the Secretary to waive, without charge, a term of a gift of an interest in such property after providing notice and an opportunity for public comment and other conditions are met. (Sec. 120) Authorizes the Secretary to obligate airport improvement funds and amounts from the Trust Fund for any project to construct a new runway at an international airport. (Sec. 121) Extends the instrument landing system program through FY 2004. Directs the Secretary to maintain and upgrade Loran-C navigation facilities throughout the transition period to satellite-based navigation. (Sec. 122) Includes charter air transportation at an airport that is not in Alaska and serves aircraft designed for more than nine but less than 31 passenger seats within the eligible categories for issuance of an airport operating certificate. Directs the FAA Administrator to permit such airports to preclude scheduled passenger operations (including public chartered operations) if it notifies the Administrator that it does not intend to obtain a certificate. (Sec. 123) Directs the FAA Administrator to submit to specified congressional committees a copy of the annual budget estimates of the FAA (including line item justifications) at the same time such budget estimates are submitted to the House and Senate Committees on Appropriations. (Sec. 124) Revises the amount of certain funds apportioned to the discretionary and small airport funds. Authorizes the Secretary to distribute specified percentages of funds from the small airport fund for grants for projects at small hub airports, public-use airports, and certain commercial service airports. Requires the Secretary to give priority consideration to airport development projects to support operations by turbine powered aircraft (if the non-Federal share of project costs is at least 40 percent) when making small airport fund grants to sponsors of public-use airports. Declares that an airport development project shall remain eligible for funding from the discretionary fund (subject to the availability of funds) even though the airport's status changes from a primary to a nonprimary airport. Permits certain regulations to authorize a public agency to request waiver of a passenger facility fee for: (1) any class of domestic or foreign air carrier that enplanes not more than one percent of the total number of passengers enplaned annually at an airport; or (2) passengers enplaned on a flight to an airport with scheduled passenger service but fewer than 2,5000 passenger boardings each year, or in a community with a population of less than 10,000 and not connected by land to the National Highway System. (Sec. 125) Directs the FAA Administrator to conduct a study of the long term physical performance, safety implications, and environmental benefits of using recycled materials (including recycled pavements, waste materials, and byproducts) in aviation pavement. Authorizes appropriations. (Sec. 126) Repeals the pavement maintenance pilot program. Revises the definition of "airport development," for purposes of grant eligibility for airport development funds, to include routine work to preserve and extend the useful life of runways, taxiways, and aprons at nonprimary airports. Title II: Airline Service Improvements - Subtitle A: Service to Airports Not Receiving Sufficient Service - Repeals requirements under the Code of Federal Regulations (CFR) prohibiting the increase or decrease by the Administrator in the number of takeoffs and landings (the High Density Rule) at airports (except Ronald Reagan Washington National Airport). (Sec. 201) Authorizes the Secretary to grant exemptions from the High Density Rule to air carriers that provide nonstop air transportation using jet aircraft that comply with stage 3 noise levels and whose flights begin or end within 1,250 miles (perimeter rule) between Ronald Reagan Washington National Airport and an airport that has had less than two million enplanements or between Ronald Reagan Washington National Airport and a airport that does not have nonstop transportation. Requires the Secretary to treat all commuter air carriers that have cooperative agreements (including code share agreements with other air carriers) equally for determining eligibility for exemptions regardless of the form of the corporate relationship between the commuter air carrier and the other air carrier. (Sec. 202) Earmarks specified funds for: (1) the essential air service program; (2) air carriers to subsidize service to and from an underserved airport (not to exceed three years); (3) underserved airports to obtain jet aircraft service to and from the underserved airports; and (4) rural air safety at airports with less than 100,000 annual boardings. Authorizes appropriations. Requires the FAA Administrator to give priority in funding to airports in which the community will provide from local sources a portion of project costs. (Sec. 203) Waives the State or local contribution requirement with respect to the compensation of an air carrier providing air service to certain noneligible places. (Sec. 204) Directs the Secretary, in carrying out aviation policy, to consider, among other things, as being in the public interest and consistent with public convenience and necessity ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service. Subtitle B: Regional Air Service Incentive Program - Authorizes the Secretary to provide through one or more lenders guaranteed loans (including the extension of credit) to commuter air carriers (maximum seating capacity of 75 or less) for the purchase of regional jet aircraft which are to be used to provide service to underserved markets. Outline loan conditions and limitations, Including that: (1) the maximum amount guaranteed on a loan or extended on credit shall be no more than 50 percent, or $100,000; (2) such aircraft comply with certain Federal noise-level requirements; and (3) the air carrier agrees that the purchased aircraft be used to provide service to an underserved market. Authorizes the Secretary to make use of federal facilities and assistance in carrying out the incentive program. Terminates the Secretary's program authority five years after enactment of this Act. Authorizes appropriations. Title III: FAA Management Reform - Establishes the Air Traffic Control Oversight Board within the Department of Transportation. Sets forth the Board's responsibilities, including to oversee the FAA in its administration, management, conduct, direction, and supervision of the air traffic control system. (Sec. 303) Provides for the appointment, by the FAA Administrator, and with the approval of the Board, of a Chief Operating Officer for the air traffic control system. (Sec. 304) Provides that the Secretary (currently, by the President, and with the consent of the Senate) shall make subsequent appointments of Federal Aviation Management Advisory Council members. (Sec. 305) Directs the Secretary to develop and implement a coordinated environmental review process for aviation infrastructure projects that require the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (or any other environmental review or approval by operation of law). Sets forth the elements of such review process. (Sec. 306) Prohibits the FAA Administrator from issuing a proposed or final regulation that is likely to result in the expenditure by State, local, and tribal governments, or by the private sector, of $250 million (currently, $100 million) or more in aggregate (adjusted annually for inflation), or any regulation which is significant, unless the Secretary approves the issuance of the regulation in advance. (Sec. 307) Directs the Inspector General to conduct an assessment of the overall method of calculating FAA costs and attributing such costs to the user is reasonable. Authorizes appropriations. Title IV: Family Assistance - Amends Federal transportation law to revise provisions prohibiting unsolicited communication concerning potential action for personal injury or wrongful death by an attorney to an individual injured in an accident involving a domestic air carrier before the 45th day (currently, 30th day) following the accident to provide that such prohibition include accidents involving a foreign air carrier in the United States. Authorizes the National Transportation Safety Board (NTSB) to bring a civil action in a district court for violations committed under this title. (Sec. 401) Prohibits a State or political subdivision from preventing nonprofit organization employees with experience in disasters and post-trauma communication with families from providing mental health and counseling services within the 30 day period after an accident. Includes within the definition of "passenger" for purposes of the provision of assistance to families of passengers involved in aircraft accidents: (1) foreign air carrier employees aborad the aircraft; and (2) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight. (Sec. 402) Revises air carrier plans that provide assistance to the families of passengers involved in aircraft accidents to require them to include, at a minimum, an assurance that: (1) upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a preliminary passenger manifest for the flight involved in the accident; and (2) the air carrier will provide adequate training to air carrier employees and agents to meet the needs of survivors and family members following an accident. Prohibits the Secretary from approving an application of an air carrier for a certificate of public convenience and necessity unless the applicant has included, among other things, an agreement that in the event that the air carrier volunteers assistance to U.S. citizens within the United States in the case of an aircraft accident outside the United States involving major loss of life, the air carrier will consult with the NTSB and the Department of State on the provision of such assistance. Declares that an air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of an air carrier in providing information concerning a flight reservation. (Sec. 403) Makes similar changes to foreign air carrier plans. Title V: Safety - Directs the FAA Administrator to require by regulation that collision avoidance equipment (TCAS-II) be installed on each cargo aircraft with a payload capacity of 15,000 kilograms or more. (Sec. 502) Declares that an air carrier does not need to obtain the employment records of an applicant pilot who has been employed by a branch of the U.S. armed forces, the National Guard, or reserve before allowing such individual to begin service as a pilot. Provides for electronic access to the employment records of FAA air pilots. (Sec. 503) Provides for the enforcement of whistleblower laws for FAA employees. (Sec. 504) Directs the FAA Administrator to issue guidelines and encourage the development of air safety risk management programs throughout the aviation industry, including self-audits and self- disclosure programs. (Sec. 505) Directs the FAA Administrator to issue a notice of proposed rulemaking: (1) to develop procedures to protect air carriers and their employees from civil enforcement actions under the Flight Operations Quality Assurance program; and (2) on implementing a certain section of title 49 relating to the issuance of airport operating certificates for small scheduled passenger air carrier operations. (Sec. 507) Directs the FAA Administrator to conduct a rulemaking proceeding to require the safe disposition of life-limited parts removed from an aircraft. Sets forth civil penalties. (Sec. 508) Subjects to a civil penalty of up to $25,000 any individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft. Title VI: Whistleblower Protection - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to air safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to air safety. Sets forth a department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Provides for award of attorney's fees of up to $5,000 to a prevailing employer for any such complaint found frivolous or brought in bad faith. Specifies civil penalties for violation of this Act. Title VII: Miscellaneous Provisions - Amends Federal transportation law to provide that a proposal under a competitive bid process that is in the possession of the FAA Administrator may not be made available to the public under the Freedom of Information Act, with a specified exception. (Sec. 703) Authorizes the FAA Administrator to make a multiyear contract of not more than ten years (currently, such contracts for the procurement of goods and services are limited to no more than five years) for telecommunication services that are provided through the use of a satellite if the FAA Administrator finds that the longer contract period would be cost beneficial. (Sec. 704) Provides that a proposed change to the FAA personnel management system that has not lead to an agreement between the FAA employee bargaining unit and the Federal Mediation and Conciliation Service shall not become effective until 60-days after the FAA Administrator has submitted the change to Congress. Provides that such period shall not include any period during which Congress has adjourned sine die. Authorizes FAA employees who have been the subject of a major adverse personnel action to contest such action either through any contractual grievance procedure through the employee's collective bargaining unit or through the FAA's internal process relating to review of FAA major adverse personnel actions (under the Guaranteed Fair Treatment or a specified section of the Department of Transportation and Related Agencies Appropriations Act, 1996. Requires such employees who can contest such personnel action through more than one forum to elect the appropriate forum (no more than one). Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to authorize FAA employees under the new FAA personnel management system to appeal to the Merit Systems Protection Board and seek judicial review of Board decisions. (Sec. 705) Amends Federal transportation law to prohibit domestic (including interstate) air carriers and foreign air carriers from discriminating against an air passenger on the basis of race, color, national origin, religion, or sex. Prohibits foreign air carriers from discriminating against handicapped individuals. Provides a civil penalty for violations committed against handicapped individuals. Directs the Secretary to work with appropriate international organizations and the aviation authorities of other nations to establish higher standards, if appropriate, to accommodate handicapped air passengers, particularly with respect to foreign air carriers that code share with domestic air carriers. (Sec. 706) Authorizes the FAA Administrator to make improvements to real property leased for an air navigation facility, regardless of whether the cost of making such improvements exceeds the cost of leasing such property, provided certain requirements are met. (Sec. 707) Authorizes the FAA Administrator to enter into bilateral agreements with the aeronautical authorities of another country to exchange with that country all or part of their respective safety oversight functions and duties with respect to certain domestic and foreign aircraft. (Sec. 708) Provides for the availability of airman certificate records to the public. (Sec. 709) Authorizes a person to file with the NTSB a petition for a ten-day emergency stay of emergency orders revoking an airman's certificate. (Sec. 712) Directs the FAA Administrator to establish new fees for, among other things, FAA services to any entity obtaining such services outside the United States (except no fee shall be imposed for production-certification related service performed outside the United States). (Sec. 714) Directs the FAA Administrator to study, and submit the results to Congress on, the feasibility of requiring U.S. airports to install enhanced vision technologies to replace or enhance conventional landing light systems over a ten-year period. Includes the installation of such technologies at airports as an activity eligible for airport development project funds. (Sec. 715) Amends the Airport Noise and capacity Act to make foreign air carriers eligible for a waiver from stage three noise level requirements for certain aircraft. Authorizes the Secretary to provide a procedure under which a person may operate a stage one or stage two aircraft in nonrevenue service to or from a U.S. airport in order to: (1) sell the aircraft outside the United States; (2) sell the aircraft for scrapping; or (3) obtain modifications to the aircraft to meet stage three noise levels. (Sec. 718) Extends the Secretary's authority to approve an application of the Metropolitan Washington Airports Authority: (1) for airport development project grants; or (2) to impose a passenger facility fee. (Sec. 719) Declares that a memorandum of agreement between the FAA Administrator and any person that directly obtains aircraft situational display data shall require that such person: (1) demonstrate the capability of selectively blocking the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and (2) agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon FAA request. (Sec. 720) Authorizes the Secretary to hire additional personnel to eliminate the backlog of pending equal employment opportunity complaints to the department of Transportation (DOT) and to ensure that investigations of complaints are completed no later than 180 days after the initiation of the investigation. Authorizes appropriations. (Sec. 721) Directs the Secretary, subject to specified conditions, to waive any term contained in the deed of conveyance with respect to airport property that is no longer required for purposes of the Newport News-Williamsburg International Airport. (Sec. 722) Authorizes the City of Los Angeles Department of Airports to grant an easement to the California Department of Transportation to lands required to provide a right-of-way for the construction of the California State Route 138 bypass. (Sec. 723) Declares that flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations. Directs the FAA Administrator to conduct a rulemaking proceeding to modify the general operating and flight rules by establishing special rules requiring Alaska guide pilots to: (1) operate aircraft inspected no less often than after 125 hours of flight time; (2) participate in an annual flight review; (3) have at least 500 hours of flight time as a pilot; (4) have a commercial rating; (5) hold at least a second-class medical certificate; and (6) hold a letter of authorization certifying that the pilot is in compliance with the rules issued by the Administrator. (Sec. 725) Extends, through December 31, 2004, the aviation war risk insurance program. (Sec. 726) Amends the centennial of Flight Commemoration Act to include as one of the duties of the Centennial of Flight Commission to publish popular and scholarly works related to the history of aviation or the anniversary of the centennial of powered flight. Requires the Commission to adopt a policy to protect against possible conflicts of interest involving its members and employees. Requires Commission duties to be carried out by the Administrator of the National Aeronautics and Space Administration (NASA). (Sec. 727) Directs the FAA Administrator to establish a pilot program to test and evaluate the benefits of long-term capital leasing contracts of aviation equipment and facilities. (Sec. 729) Directs the Secretary to: (1) establish an Aircraft Repair and Maintenance Advisory Panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities located within, or outside of, the United States; and (2) seek the advice of the panel on methods to increase safety by improving the oversight of aircraft repair facilities. Directs the Secretary to require, by regulation, domestic and foreign air carriers and repair facilities to submit certain information (including the existence of employee drug and alcohol testing programs at foreign repair facilities) in order to assess balance of trade and safety issues with respect to work performed on aircraft used by domestic and foreign carriers and corporate operators. Requires the Secretary to make such information available to the public. Title VIII: National Parks Air Tour Management - National Parks Air Tour Management Act of 1999 - prohibits a commercial air tour operator from conducting commercial air tour operations over a national park or tribal lands, except in accordance with this Act, conditions prescribed for that operator by the FAA Administrator, and with any commercial air tour management plan for the park or tribal lands. (Sec. 803) Sets forth specified requirements with respect to: (1) the granting of authority to commercial air tour operators to conduct air tour operations over national parks or tribal lands, with specified exceptions; and (2) establishment of commercial air tour management plans. Exempts from the requirements of this Act: (1) the Grand Canyon National Park, or any Indian country within or abutting such park; or (2) any land or waters located in Alaska. (Sec. 804) Directs the FAA Administrator and the Director of the National Park Service (Director) to establish, jointly, an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours over and near national parks. (Sec. 805) Directs the FAA Administrator to report to Congress on the effects proposed overflight fees are likely to have on the commercial air tour industry. Directs the FAA Administrator and the Director to report jointly to Congress on the effectiveness of this Act in providing incentives for the development and use of quiet aircraft technology. Title IX: Truth in Budgeting - Truth in Budgeting Act - Prohibits the receipts and disbursements of the Airport and Airway Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman- Hollings Act). Amends Federal aviation law to require the Secretary to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year. Title X: Aviation Spending Guarantee - Amends the Balanced Budget and Emergency deficit Control Act of 1985 to establish discretionary spending categories in budget authority and outlays for the traditional aviation general fund (FAA operation account (69-1301- 0-1-402)) for FY 2000 through 2004 (including adjustment for inflation). Provides for the reduction in discretionary spending limits for budget authority and outlays for FY 2000 through 2002. (Sec. 1002) Prohibits the Director of the Office of Management and Budget (OMB) from making any estimates of changes in direct spending outlays and receipts for any fiscal year resulting from this title. (Sec. 1003) Sets forth FAA guaranteed spending levels for budget resources for FY 2000 through 2004 (including adjustments to align with revenues). Authorizes appropriations for the AIP program. Sets forth estimated aviation income levels for FY 2000 through 2004.
United States · United States Congress · 3 March 1999
Child Care Availability Incentive Act - Amends the Internal Revenue Code to allow a tax credit (as part of the general business credit) for employers who provide qualified day care centers for the use of their employees.
United States · United States Congress · 3 March 1999
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming business to deduct a limited amount from gross income for amounts paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Prescribes penalties on amounts not distributed within five years.
United States · United States Congress · 2 March 1999
Amends the Internal Revenue Code to allow, when certain conditions are met, vendor refunds of Federal excise taxes on kerosene used in unvented heaters for home heating purposes.
United States · United States Congress · 1 March 1999
Amends the Internal Revenue Code to revise the formula for determining the "average area purchase price" of residences under the qualified mortgage bond rules.
United States · United States Congress · 1 March 1999
Senior Citizens' Freedom to Work Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 25 February 1999
Freedom to E-File Act - Directs the Secretary of Agriculture to establish in the Department of Agriculture a public use electronic filing and information retrieval system.
United States · United States Congress · 25 February 1999
Save Our Satellites Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to establish different predictive models for making determinations of the television broadcast signal boundaries of areas within the Grade B Contour of television broadcast stations for purposes of such Act and other Federal statutes and regulations. Requires any subscriber who, on February 24, 1999, is receiving from a satellite carrier for private home viewing secondary transmissions of programming contained in a primary transmission made by a network station, to be treated, during the period beginning on such date and until the FCC completes the above action, as residing in an unserved household for purposes of Federal copyright license requirements for secondary transmissions by satellite carriers.
United States · United States Congress · 25 February 1999
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) restrict the application of the windfall elimination provision to individuals whose combined monthly income from the individual's primary insurance amount under such title and the portion of the monthly periodic payment attributable to noncovered service performed after 1956 exceeds $2,000; and (2) provide for a graduated implementation of such provision by specified percentages with respect to incremental amounts above such threshold, up to 100 percent for combined amounts over $3,000.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 24 February 1999
Combined Sewer Overflow Control and Partnership Act of 1999 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 2000 through 2002. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.
United States · United States Congress · 24 February 1999
Bankruptcy Reform Act of 1999 - Title I: Consumer Bankruptcy Provisions - Subtitle A: Needs Based Bankruptcy - Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy), to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits such party in interest from such motions). Lowers the "substantial abuse" standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae. Provides that the presumption of abuse may be rebutted only with detailed documentation of extraordinary circumstances requiring additional expenses or adjustment of currently monthly total income. (Sec. 102) Requires debtor's counsel to: (1) reimburse the bankruptcy trustee for legal fees in prosecuting a dismissal or conversion motion if the court finds that counsel's filing under chapter 7 was not substantially justified; and (2) pay a civil penalty for the violation of certain bankruptcy rules. (Sec. 103) Revises procedural guidelines to mandate written notice to the individual consumer debtor before commencement of a case that credit counseling services approved by the United States Trustee are available. (Sec. 104) Instructs the Director of the Executive Office for U.S. Trustees to: (1) develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's efficacy. Subtitle B: Consumer Bankruptcy Petitions - Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 107) Sets forth a debtor's bill of rights which such agency must observe. (Sec. 108) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. (Sec. 109) Expresses the sense of the Congress that States should develop curricula relating to the subject of personal finance, designed for use in elementary and secondary schools. (Sec. 110) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate additional disclosures for dischargeable debt agreements. (Sec. 111) Cites circumstances under which the court may reduce by up to 20 percent a claim based upon unsecured consumer debts if the debtor can show by clear and convincing evidence that the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed by an approved credit counseling agency acting on the debtor's behalf. (Sec. 112) Directs the Board of Governors of the Federal Reserve System (the Board) to study and report to the Congress on: (1) whether a consumer engaging in either an open-end or closed-end credit transaction secured by the consumer's principal dwelling receives adequate information under Federal law regarding the tax deductibility of interest paid on such transaction; and (2) specifically consider whether additional disclosures are necessary in such transactions where the amount of credit extended exceeds the fair market value of the dwelling. (Sec. 113) Instructs the Board to study and publicize existing protections limiting consumer liability for unauthorized use of a debit card or similar access device. (Sec. 114) Amends the Truth in Lending Act (TILA) to prescribe disclosures regarding initial and annual minimum payments under an open-end credit plan. Instructs the Board to study and report to the Congress on whether consumers have adequate information about borrowing activities which may result in financial problems. (Sec. 115) Amends bankruptcy law to exempt from the property of the bankrupt estate specified postsecondary education accounts placed in a qualified tuition program, or in an education individual retirement account. (Sec. 116) Modifies guidelines governing the discharge of a debtor's liability, as well as the automatic stay, to entitle an individual who is injured by the willful failure of a creditor to credit payments received to bring an action for actual damages and legal fees. (Sec. 118) Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 119) Terminates the automatic stay 30 days after filing of a petition if a chapter 7, 11, or 13 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 120) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case. (Sec. 121) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt, or redemption of the property within 45 days, in order to retain possession of personal property. Allows a creditor to take action with respect to such property under nonbankruptcy law if the debtor fails to act within 45 days, unless the court determines upon trustee motion that such property is consequential value or benefit to the estate. (Sec. 122) Declares that the automatic stay is terminated regarding property of the debtor's estate securing a claim or subject to an unexpired lease, if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame (unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate). (Sec. 123) Instructs the bankruptcy court to confirm a chapter 13 plan if it provides that the holder of a secured allowed claim shall retain the attendant lien until payment or discharge of all debts. Provides that if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder shall retain such lien to the extent recognized by applicable nonbankruptcy law. (Sec. 124) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within five years of filing the petition in bankruptcy. (Sec. 125) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing an allowed claim shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 126) Increases from 180 to 730 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. (Sec. 127) Revises guidelines exempting property from the bankrupt estate to reduce the value of an interest in certain property used as a residence or burial plot to the extent that such value is attributable to any portion of property disposed by the debtor during a specified period with the intent to hinder, delay, or defraud a creditor and that the debtor could not have exempted had the property been held on the petition filing date. (Sec. 128) Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay. (Sec. 129) Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury that caused personal injury or death of an individual. (Sec. 130) Bankruptcy Judgeship Act of 1999 - Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such a district five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina. Directs each chief bankruptcy judge to report annually to the Director of the Administrative Office of the U.S. Courts on the travel expenses of each bankruptcy judge assigned to the applicable district. (Sec. 131) Places in the tenth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired. (Sec. 133) Revises requirements governing a stay of action against a chapter 13 codebtor who did not receive the consideration for a claim to provide a maximum 30-day automatic stay to the extent that the creditor proceeds against: (1) the individual that received the consideration; or (2) the property not in the possession of the debtor that secures that claim. States that such stay shall apply in any case in which the debtor is primarily obligated to pay under a legally binding separation or property settlement agreement or divorce or dissolution decree. (Sec. 134) Denies a debtor an automatic stay of the commencement of an investigation or action by a securities self-regulatory organization to enforce compliance with its regulations, or of the enforcement of any order or decision obtained by such an organization, other than for monetary sanctions. (Sec. 135) Reduces from $1,000 to $250 the threshold amount of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days (currently 60 days) before an order for relief. (Sec. 136) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases of personal property. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 137) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 139) Precludes an automatic stay of any transfer that is not avoidable in: (1) cases where the trustee serves as lien creditor and successor to certain creditors and purchasers; and (2) postpetition transactions. Precludes an automatic stay of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which: (1) the debtor resides and has not paid rent after the commencement and during the course of the case; (2) the rental agreement has terminated; or (3) the debtor has previously filed within the last year and failed to pay post-petition rent during the course of that case. or (4) Precludes an automatic stay of any eviction actions based on endangerment to property or person or the use of illegal drugs. (Sec. 140) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 142) Revises chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order. (Sec. 143) Conditions court confirmation of a chapter 11 or chapter 13 plan (and its consequent discharge of debts) upon certification of debtor's payment of domestic support obligations that are due after the petition filing date. (Sec. 144) Excepts from an automatic stay specified choses-in- action pertaining to domestic support obligations, including: (1) establishment of paternity; (2) suspension of drivers' licenses and professional licenses; (3) interception of tax refunds; and (4) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act. (Sec. 146) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 147) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 149) Declares nondischargeable in bankruptcy: (1) debts intentionally incurred to pay a nondischargeable debt with the intent to discharge the newly-created debt; and (2) all debts incurred to pay nondischargeable debts, without regard to intent, if incurred within 90 days of the filing of the petition. Title II: Discouraging Bankruptcy Abuse - Reenacts chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income). (Sec. 202) Authorizes the bankruptcy court, upon request of a party in interest, to order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case. (Sec. 203) Permits an individual debtor to exempt from the property of the bankrupt estate certain tax-exempt retirement funds that have not been obligated in connection with any extension of credit. Exempts from either an automatic stay or a discharge in bankruptcy specified income withheld from the debtor pursuant to pension or profit sharing plans sponsored by such debtor's employer to pay certain loans from such plans. (Sec. 205) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 209) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 210) States that acceptance or rejection of a chapter 11 plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 211) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 213) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec 214) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot. (Sec. 215) Modifies guidelines governing cases ancillary to foreign proceedings to prohibit the court from granting relief with respect to any security required or permitted under State insurance law for the benefit of claim holders in the United States. (Sec. 215 (sic)) Revises guidelines governing assumption of executory contracts and unexpired leases by the bankruptcy trustee. Exempts from mandatory cure by such trustee certain defaults arising from nonmonetary obligations under an unexpired lease of real property (excluding executory contracts that transfer a right or an interest under a filed or issued patent, copyright, trademark, trade dress, or trade secret), if it is impossible for the trustee to cure such default by performing nonmonetary acts at or after the time of assumption. Title III: General Business Bankruptcy Provisions - Removes investment bankers from the definition of "disinterested person." (Sec. 302) Denies bankruptcy eligibility to an individual unless the individual has received specified credit counseling within 90 days before petition filing. Authorizes the court to waive such prerequisite in specified circumstances. Grants the U.S. Trustee exclusive right to move for case dismissal for debtor non-compliance. Predicates a chapter 7 or chapter 13 discharge upon debtor's completion of an instructional course concerning personal financial management. Title IV: Small Business Bankruptcy Provisions - Sets forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 402) Defines a small business debtor, generally, as a person (including a debtor affiliate) with not more than $4 million in aggregate non-contingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief (excluding debts owed to one or more affiliates or insiders). (Sec. 403) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 404) Sets forth uniform national reporting requirements for small business debtors. (Sec. 405) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 406) Sets forth duties and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. (Sec. 414) Directs the Small Business Administration to study and report to the Congress on: (1) the factors that cause small businesses to become debtors in bankruptcy; and (2) how Federal bankruptcy laws can be made more efficient in assisting small businesses to retain their viability. (Sec. 415) Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title VI: Streamlining the Bankruptcy System - Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 602) Requires each U.S. trustee to report to the Attorney General on audit results. Requires the Attorney General to establish random audits of individual cases. (Sec. 603) Prescribes notice procedures for chapter 7 and chapter 13 creditors. Expands debtor's duties to require filing with the bankruptcy court: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within five days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. Makes debtor's mandatory documentation available for inspection and copying to certain bankruptcy officers and any party in interest. Requires debtors to furnish driver's license, passport or other photograph-containing documentation establishing debtor identification. (Sec. 604) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 605) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. Mandates filing of a chapter 13 debt readjustment plan within 90 days of the order for relief. (Sec. 606) Revises the current three-to-five-year length of a payment plan to set a maximum five year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of not less than the highest national median household income reported for a family of equal or lesser size (or, in a household of one person, not less than the national median household income for one earner). Reserves the current three-to-five-year payment period to cases involving debtors (or in a joint case, an individual and spouse combined) with a current monthly total income less than the highest national median household income reported for a family of equal or lesser size (or, in a household of one person, less than the national median household income for one earner). Revises the maximum duration for a plan modified after confirmation. (Sec. 607) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 608) Amends the Federal judicial code to revise the requirement that a chapter 11 debtor pay quarterly fees to the U.S. Trustee for disbursements made during a quarter. Requires debtors with disbursements of less than $300,000 to pay such fee only until the case is converted or plan confirmation is obtained, whichever occurs first. (Sec. 609) Directs the Comptroller General to study and report to the Congress and the President on the impact that credit extended to dependents enrolled in post-secondary educational institutions has upon the rate of cases filed in bankruptcy. (Sec. 610) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. (Sec. 611) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law, has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. Title VII: Bankruptcy Data - Amends the Federal judicial code to require the clerk of each district to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 702) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 703) Expresses the sense of the Congress that the national policy should be that: (1) all public record data held in electronic form by bankruptcy clerks should be released in electronic form in bulk to the public subject to appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title VIII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 802) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 804) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 805) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case, and the pendency or effect of offers in compromise or installment agreements. (Sec. 808) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 809) Amends the automatic stay of U.S. Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability without regard to whether such determination was made prepetition or postpetition. (Sec. 810) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make regular cash installment payments, but in no case with a balloon provision, and no more than three months apart, beginning no later than the effective date of the plan and ending on the earlier of five years after the petition date or the last date payments are to be made under the plan to unsecured creditors. (Sec. 811) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 812) Amends the Federal judicial code to require officers and agents conducting any business under court authority to pay all Federal, State and local taxes when due in the course of the business, unless it is a property tax secured by a lien against estate property which is abandoned by the bankruptcy trustee, or payment of the tax is excused under a specific bankruptcy law. Cites circumstances in which payment of such taxes may be deferred in a case pending under chapter 7 until final distribution is made. Entitles to administrative expense priority payment certain secured and postpetition unsecured taxes incurred by the bankruptcy estate, including ad valorem property taxes. Declares that a governmental unit shall not be required to file a request for the payment of administrative expenses relating to a tax liability or tax penalty. Allows a trustee to recover from property securing a claim for the payment of all ad valorem property taxes relating to such property. (Sec. 813) Requires as a condition for payment of tardily filed priority tax claims that they be filed either before the trustee commences distribution or ten days following the mailing to creditors of the summary of the trustee's final report, whichever is earlier (currently, before the trustee commences distribution of the estate). (Sec. 814) Makes nondischargeable any obligations based on income tax returns prepared by tax authorities. (Sec. 815) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 816) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the three-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan, or to convert the case to a chapter 7 case, if a chapter 13 debtor fails to comply with such time frame. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax claims and to plan confirmation. (Sec. 817) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor domiciled in the State in which the debtor resides or has its principal place of business typical of the holders of claims or interests in the case. (Sec. 818) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. Title III: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title X: Financial Contract Provisions - Amends the Federal Deposit Insurance Act (FDIA) to redefine specified contracts, agreements, and transfers entered into with an insolvent insured depository institution before the appointment of a conservator or receiver for it. (Sec. 1002) Declares that no person shall be stayed or prohibited from exercising any right to cause the acceleration of any qualified financial contract with an insured depository institution which arises upon the appointment of the Federal Deposit Insurance Corporation (FDIC) as receiver at any time after such appointment. (Sec. 1002) Declares that no provision of law shall be construed as limiting the right or power of the FDIC, or authorizing any court or agency to limit or delay, in any manner, the FDIC's right or power to transfer, disaffirm, or repudiate any qualified financial contract of a failed institution. Prohibits enforcement of a walkaway clause in a qualified financial contract of a failed insured depository institution (a clause that either does not create a payment obligation of a party, or extinguishes it solely because of such party's status as a nondefaulting party). (Sec. 1003) Revises guidelines governing transfers of qualified financial contracts of an insolvent institution to include: (1) transfers to a foreign bank or foreign financial institution (including its branch or agency) (but only when the contractual rights of the parties to such qualified financial contracts are enforceable substantially to the same extent as permitted under such Act); and (2) transfers of contracts subject to the rules of a clearing organization. Defines financial institution to include a broker or dealer, a depository institution, a futures commission merchant, or any other institution as determined by FDIC regulation. Suspends certain termination rights of counterparties to a qualified financial contract with an insolvent insured depository institution until after the receiver's appointment, or after receipt of notice that the contract has been transferred. Declares that none of the following institutions shall be considered a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding: (1) a bridge bank; or (2) an FDIC-organized depository institution for which a conservator is appointed either immediately upon organization, or at the time of a purchase and assumption transaction between such institution and the FDIC as receiver for a depository institution in default. (Sec. 1004) Prescribes guidelines for: (1) the disaffirmance or repudiation of qualified financial contracts by the conservator or receiver for a failed depository institution; and (2) the treatment of a master agreement as a single agreement and a single qualified financial contract. (Sec. 1006) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to make conforming amendments with respect to: (1) bilateral netting contracts; (2) security agreements; (3) clearing organization netting contracts; (4) contracts with uninsured national banks; and (5) contracts with uninsured Federal branches or agencies. (Sec. 1007) Amends the Federal Bankruptcy Code to reflect the changes made by this Act and to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers to those transfers that are fraudulent in nature. Sets forth statutory guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions. (Sec. 1008) Amends the FDIA to authorize the FDIC to prescribe more detailed recordkeeping requirements for qualified financial contracts (including market valuations) by insured depository institutions. (Sec. 1009) Exempts specified collateralization agreements from the contemporaneous execution requirement that renders invalid certain agreements against FDIC interests in certain asset acquisitions. (Sec. 1010) Amends Federal bankruptcy law to specify the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of designated contracts and agreements relating to executory contracts and unexpired leases; or (2) the liquidation, acceleration, or termination of such contracts and agreements. (Sec. 1011) Amends the Securities Investor Protection Act of 1970 to provide that neither the filing of a protective decree by the Securities Investor Protection Corporation, nor any court protective order, shall operate as a stay of a creditor's contractual rights to liquidate, terminate, or accelerate designated contracts and agreements. Allows such application, order, or decree, however, to operate as a stay of foreclosure on securities collateral pledged by the debtor, whether or not with respect to one or more of such contracts, agreements, or securities sold by the debtor under a repurchase agreement. (Sec. 1012) Declares that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee). (Sec. 1013) Amends the Federal Reserve Act to increase the types of acceptances eligible to meet Federal Reserve collateral requirements. Title XI: Technical Corrections - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. (Sec. 1101) Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 1102) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly. (Sec. 1106) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 1111) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1113) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 1114) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 1119) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 1125) Requires the U.S. trustee in a chapter 11 (Reorganization) case to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees. (Sec. 1127) Permits the bankruptcy trustee to sell, use, or lease property in accordance with nonbankruptcy law governing the transfer of property by nonprofit charitable corporations, if doing so is not inconsistent with certain relief granted under the automatic stay. (Sec. 1128) Amends the Truth in Lending Act to prohibit a creditor under an open end consumer credit plan from terminating an account before its expiration date solely because the consumer has not incurred finance charges. (Sec. 1129) Extends from 20 to 30 days the length of time after a debtor receives possession of property for perfection of a security interest in such property created by a transfer which the trustee may not avoid. (Sec. 1130) Amends the Federal judicial code to allow a U.S. trustee whose appointment to a panel or as a standing trustee is terminated or who ceases to be assigned to cases filed under the Federal bankruptcy code to obtain judicial review of the final agency decision by commencing an action in U.S. district court for the district in which the panel member or standing trustee resides, after exhausting all available administrative remedies which, if the trustee so elects, shall also include an administrative hearing on the record. Deems the trustee to have exhausted such remedies, unless the trustee elects to have an administrative hearing on the record, if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies. Requires the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency. Authorizes a standing trustee to obtain judicial review of final agency action to deny a claim of actual, necessary expenses by commencing an action in U.S. district court in the district where the individual resides. Requires the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency. Directs the Attorney General to prescribe procedures to implement such provisions. Title XII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments.
United States · United States Congress · 24 February 1999
United States Agricultural Trade Act of 1999 - Expresses the sense of Congress that the principal agricultural trade negotiating objectives of the United States for future multilateral and bilateral trade negotiations, including the World trade Organization (WTO), shall be to achieve, on an expedited basis, and to the maximum extent feasible, more open and fair conditions for trade in agricultural commodities by: (1) developing, strengthening, and clarifying rules for agricultural trade, including disciplines on restrictive or trade-distorting import and export practices; (2) increasing U.S. agricultural exports by eliminating barriers to trade (including transparent and nontransparent barriers) and other constraints to fair and more open markets access in foreign markets, such as export subsidies, quotas, and other non-tariff import barriers; (3) developing, strengthening, and clarifying rules that address practices that unfairly limit U.S. market access opportunities or distort agricultural markets to the detriment of the United States; (4) ensuring that there are reliable suppliers of agricultural commodities international commerce by encouraging countries to treat foreign buyers no less favorably than domestic buyers of the commodity involved; and (5) eliminating barriers for meeting the food needs of the world through the use of biotechnology by ensuring access to U.S. commodities derived from biotechnology that is scientifically defensible, opposing the establishment of protectionist trade measures disguised as health standards, and protecting continual delays by other countries in their approval processes which constitute nontariff trade barriers. (Sec. 4) Authorizes the President, if it is determined that the exemption of certain agricultural food programs should not apply to unilateral economic sanctions for reasons of foreign policy or national security, to include such programs in such sanctions. Requires the President to report to specified congressional committees if it is determined that such programs are not exempt from such sanctions. (Sec. 5) Amends the Trade Act of 1974 to establish a Congressional Oversight Group for Agricultural Negotiations that shall provide oversight and guidance with respect to agricultural trade policy and negotiation of agricultural trade issues. (Sec. 6) Expresses the sense of Congress that a certain amendment made to the Agricultural Trade Development and Assistance Act of 1954 was intended to allow the sale or barter of U.S. agricultural commodities included in U.S. food assistance only within the recipient country or countries adjacent to the recipient country, unless it: (1) is not practicable; and (2) will not disrupt commercial markets for the agricultural commodity involved. (Sec. 7) Directs the United States Trade Representative (USTR), not later than 30 days after the submission of the National Trade Estimate report, to identify those foreign countries that: (1) engage in unfair trade practices with respect to U.S. agricultural commodities, or unreasonably delay or preclude implementation of a report of a dispute panel of the World Trade Organization (WTO); or (2) are determined by the USTR to be priority foreign countries. Sets forth special rules with respect to such identification. Directs the USTR to report annually to specified congressional committees on actions taken under this Act to achieve fair and equitable market access for U.S. agricultural commodities. Authorizes the USTR with respect to those identified countries to: (1) take specified trade action; and (2) request that the secretary of Agriculture target the use of existing U.S. export programs that are administered within the Department of Agriculture to the commodity that is subject to the unfair trade practice by the priority foreign country. (Sec. 8) Amends the Agricultural Trade Act of 1978 to declare that the Department of Agriculture shall be the lead agency for sanitary and phytosanitary issues that affect agricultural exports. Directs the Secretary of Agriculture to identify sanitary and phytosanitary measures currently negatively affecting agricultural exports, by country and commodity, noting: (1) whether such measures are consistent with the WTO sanitary and phytosanitary agreement; and (2) whether issues arising from such measures are being addressed and resolved. Directs the Secretary to report the findings to Congress not later than July 31, 1999.
United States · United States Congress · 24 February 1999
United States-Macau Policy Act of 1999 - Title I: Policy - Expresses the sense of Congress with respect to U.S. policy toward Macau. Title II: The Status of Macau in United States Law - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order. (Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law. (Sec. 204) Directs the President to consult with Congress in carrying out this title. Title III: Reporting Provisions - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations under the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987.
United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Uniform Prelitigation Procedures for Year 2000 Actions Title II: Year 2000 Actions Involving Contracts Title III: Year 2000 Actions Involving Tort and Other Noncontractual Claims Title IV: Year 2000 Class Actions Title V: Client Protection in Connection with Year 2000 Actions Title VI: Assistance to Small Businesses for Preventing Year 2000 computer Failures Year 2000 Readiness and Responsibility Act - Makes this Act inapplicable to any claim based on personal injury. Title I: Uniform Prelitigation Procedures for Year 2000 Actions - Requires a prospective plaintiff, before filing a year 2000 action, except in an action that seeks only injunctive relief, to provide to each prospective defendant a written notice that identifies with particularity: (1) any symptoms of a material defect alleged to have caused injury; (2) the injury allegedly suffered; (3) the facts that led the prospective plaintiff to hold such person responsible for both the defect and the injury; and (4) the relief or action sought. Bars a prospective plaintiff from commencing an action in Federal or State court until the expiration of 90 days after the date on which such notice is provided. Excludes such 90-day period in the computation of any applicable statute of limitations. Sets forth provisions regarding response to notice, failure to respond, failure to provide notice, the effect of contractual waiting periods, sanctions for frivolous invocation of the stay provision, and time computations. (Sec. 102) Allows either party, at any time during the 90-day period, to request the other to use alternative dispute resolution. (Sec. 103) Requires the complaint, in any year 2000 action: (1) that seeks the award of money damages, to state with particularity the nature and amount of each element of damages and the factual basis for the damages calculation; and (2) in which the plaintiff alleges that a product or service was defective, to identify with particularity the symptoms of the material defects and to state with particularity the facts supporting the conclusion that the defects were material. Sets forth provisions regarding state of mind, motion to dismiss, stay of discovery, and preservation of evidence. (Sec. 104) Prohibits recovery in any year 2000 action on account of injury that the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably could have been, aware. Excludes from damages awarded in any such action any that the plaintiff reasonably could have avoided. Title II: Year 2000 Actions Involving Contracts - Makes fully enforceable in any year 2000 action all written contractual terms, including limitations or exclusions of liability or disclaimers of warranty, with exceptions. (Sec. 202) Allows the party against whom a claim of breach of contract is asserted to offer evidence that its implementation of, or its efforts to implement, the contract were reasonable in light of the circumstances for the purpose of limiting or eliminating the defendant's liability. Sets forth provisions regarding impossibility and commercial impracticability. (Sec. 203) Prohibits the court, in any year 2000 action involving a breach of contract or a claim related to the contract, from awarding any damages unless such damages are provided for by the express terms of the contract (or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into). Title III: Year 2000 Actions involving Tort and Other Noncontractual Claims - Makes a person against whom a final judgment is entered in a year 2000 action, except with respect to claims involving personal injury, liable solely for the portion of the judgment that corresponds to the percentage of liability of the person, as determined under this title. Directs the court to instruct the jury to answer special interrogatories or, if there's no jury, make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (Sec. 302) Sets forth provisions regarding: (1) the defendant's state of mind as to year 2000 failure, injury to plaintiff, and foreseeability; (2) a reasonable efforts defense; (3) limits on damages; and (4) liability of officers and directors. Title IV: Year 2000 Class Actions - Provides that in any year 2000 action involving a claim that a product or service is defective, the action may be maintained as a class-action in Federal or State law as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and if the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (Sec. 402) Sets forth provisions regarding notification, dismissal prior to certification, Federal jurisdiction in year 2000 class actions, and removal of class actions. Title V: Client Protection In Connection with Year 2000 Actions - Makes this title applicable to any year 2000 claim or action asserted or brought in Federal or State court. (Sec. 503) Allows a plaintiff who retains an attorney with respect to a year 2000 claim or action to elect whether to compensate the attorney's services on an hourly or contingent fee basis, with exceptions. (Sec. 504) Sets forth provisions regarding the consumer's right to up-front disclosure of information regarding fees and settlement proposals, information after the initial meeting, the consumer's right to timely updated information about settlement proposals and a detailed statement of hours and fees, class actions, and enforcement of consumer protection rules in year 2000 claims and actions. Title VI: Assistance to Small Businesses for Preventing Year 2000 Computer Failures - Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot program under which it shall guarantee loans made by eligible lenders to small business concerns to allow them to address year 2000 computer failures and to notify eligible lenders of the establishment of such program. Sets forth provisions regarding the use of funds, maximum loan amounts, guarantee limits, and reporting requirements. (Sec. 604) Amends such Act to direct the SBA to notify specified committees not later than 30 days before initiating any new pilot program of any change in the pilot program that may affect the subsidy rate estimates for the loan program. Sets forth reporting requirements. (Sec. 605) Directs the Administrator of the SBA to establish one point of contact to act as a liaison between the SBA and small business concerns regarding problems arising out of year 2000 failures and compliance with Federal requirements regarding the collection of information. Prohibits any Federal agency from imposing a civil penalty on a business concern for a first-time violation, with exceptions. Allows a Federal agency to waive a civil penalty imposed if the violation is corrected within 30 days after the agency provides written notice of the violation. Sets forth standards for waiver and a congressional notification requirement. Prohibits a State from imposing on a small business concern any civil penalty inconsistent with this section.
United States · United States Congress · 23 February 1999
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 23 February 1999
Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to extend for three additional months (until July 1, 1999) the period for which chapter 12 of the Federal Bankruptcy Code (Adjustments of Debts of a Family Farmer) is reenacted.
United States · United States Congress · 23 February 1999
Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 23 February 1999
Amends title XIX (Medicaid) of the Social Security Act to exempt disabled individuals from required enrollment with a managed care entity under the Medicaid program.
United States · United States Congress · 11 February 1999
Small Watershed Rehabilitation Amendments of 1999 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization to cover a portion of the total costs incurred for the rehabilitation of structural measures originally constructed as part of a covered water resource project (except that the local organization shall be responsible for securing all land, easements, or rights-of-ways necessary for the project). Limits the amount of Federal funds that may be made available to such an organization for construction of a particular rehabilitation project to 65 percent of the total rehabilitation costs, but not exceed 100 percent of actual construction costs incurred, and makes the local organization responsible for resource rights costs and all Federal, State, and local permits. Authorizes the Secretary, acting through the Natural Resources Conservation Service, to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. Authorizes appropriations for FY 2000 through 2009 to provide financial and technical assistance. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects. Requires: (1) the Secretary to maintain a database to track the benefits derived from rehabilitation projects and expenditures and report annually to the Congress on the status of activities conducted; and (2) eligible local organizations that received assistance to report to the Secretary on the status of rehabilitation efforts undertaken using financial assistance after the completion of the specific projects for which assistance was provided.
United States · United States Congress · 11 February 1999
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council. Revises related fee provisions to: (1) apply such fees to manufactured home manufacturers (currently fees apply to manufacturers, distributors, and dealers); and (2) establish in the Treasury the Manufactured Housing Fees Trust Fund.
United States · United States Congress · 11 February 1999
Bond Fairness and Protection Act of 1999 - Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to exclude a permitted open access transaction (as defined by this Act) from the definition of private business use. Permits, as specified, termination of tax-exempt bond financing for certain electric output facilities.
United States · United States Congress · 11 February 1999
Emergency Medical Services Enhancement Act of 1999 - Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by qualified volunteer emergency services organizations.
United States · United States Congress · 11 February 1999
Expresses the sense of the House of Representatives that: (1) the North Atlantic Treaty Organization (NATO) is to be commended for its pivotal role in preserving trans-Atlantic peace and stability; (2) the NATO allies, at the Summit meeting to be held in Washington, D.C., in April, 1999, should articulate a concrete vision for the Alliance in the 21st century; (3) the Alliance must recognize and act upon the threat posed by the proliferation of weapons of mass destruction and terrorism by intensifying consultations among political and military leaders, and deploying comprehensive capabilities to counter such threats to the international community; (4) the Alliance should pace, not pause, the process of NATO enlargement and remain prepared to extend invitations for accession negotiations to appropriate European democracies, while strengthening its relations with Russia and the Ukraine as essential partners in building long-term peace in the Euro-Atlantic area; and (5) the Alliance should fully support the North Atlantic Assembly's activities in enhancing and stabilizing democracy in Central and Eastern Europe nations.
United States · United States Congress · 10 February 1999
Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period.
United States · United States Congress · 10 February 1999
Amends the Peace Corps Act to authorize appropriations for FY 2000 through 2003 for the Peace Corps. Authorizes the use of such funds for, among other things, the transportation of Peace Corps employees, Peace Corps volunteers, dependents of such employees and volunteers, and accompanying baggage, by a foreign air carrier when the transportation is between two places outside the United States.
United States · United States Congress · 10 February 1999
Airline Passenger Bill of Rights Act of 1999 - Amends Federal aviation law to prohibit: (1) an air carrier from using a single flight number to denote a flight that it knows will involve a change in aircraft between flight segments; (2) an air carrier from providing an explanation of the reason for the delay or cancellation of a flight, or diversion of a flight to another airport, that it knows or has reason to know is false or misleading; (3) an air carrier or airport from conducting, or having conducted, a security procedure at an airport in a manner that results in a child under two years of age being separated from the child's parent or guardian without the consent of the parent or guardian; (4) an air carrier, foreign air carrier, or ticket agent from selling air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation unless they first inform the person purchasing the air transportation that the air carrier providing the air transportation will be a carrier other than the carrier whose designator code is used to identify the flight; and (5) an air carrier from prohibiting a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for one-way travel instead of round-trip travel), and from assessing an additional fee on or charge to such person or any ticket agent that sold the air transportation to such person. (Sec. 2) Requires an announcement by an air carrier of a delay or cancellation of a flight, or a diversion of a flight to an airport other than the airport at which the flight is scheduled to land, to include an explanation of the reason for such delay, cancellation, or diversion. Makes an air carrier liable to each aircraft passenger for an excessive departure or arrival delay of the aircraft. Requires an air carrier that cancels a flight on the date it is scheduled for reasons other than safety to provide each passenger air transportation in a timely manner to the destination for which such passenger purchased the air transportation and a refund of the amount paid for air transportation. Requires an air carrier that finds baggage or property that has on it the name of an individual to make a good faith effort to find and return it to the individual. Requires an air carrier, upon request of any person (including a governmental entity), to disclose the number or percentage of seats that the carrier intends to make available on a specific date for use by a person redeeming an award under a frequent flyer program on any air transportation route provided by the carrier. (Sec. 3) Sets forth penalties for violations committed under this Act. (Sec. 4) Directs the Secretary of Transportation to conduct a study, and report the results to Congress, to determine if air carriers are providing, during changes of planes, a level of supervision of unaccompanied children under 12 years of age that is sufficient to ensure the safety of such children.
United States · United States Congress · 10 February 1999
Directs the Secretary of Transportation to prohibit the commercial operation of civil supersonic transport aircraft that do not comply with stage 3 noise levels to or from a U.S. airport if the European Union adopts Common Position (EC) No. 66-98 (relating to certain aircraft noise regulations) as a final regulation.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Eligible Shareholders of an S Corporation Title II: Qualification and Eligibility Requirements of S Corporations Title III: Taxation of S Corporation Shareholders Title IV: Effective Date Subchapter S Revision Act of 1999 - Title I: Eligible Shareholders of an S Corporation - Amends the Internal Revenue Code to allow certain members of a family to be treated as one shareholder of an S corporation (electing small business corporation). Permits nonresident aliens to be S corporation shareholders if the corporation is engaged in a U.S. trade or business. Subjects such aliens' effectively-connected U.S. income to withholding tax. Title II: Qualification and Eligibility Requirements of S Corporations - Prohibits, with respect to S corporations, treating: (1) qualified preferred stock as a second class of stock; and (2) a person as a shareholder by reason of holding such stock. (Sec. 202) Permits financial institutions to hold convertible (safe harbor) debt. (Sec. 203) Repeals: (1) the characterization of excessive passive investment income as a termination event; and (2) the passive income capital gain category. (Sec. 205) Permits: (1) an S corporation to make charitable contributions of inventory and scientific property; and (2) S corporation shareholders to increase the basis of their stock by the excess of the charitable contribution over the property's basis. (Sec. 206) Makes other-than health insurance fringe benefits nontaxable for S corporation two-percent shareholders. Title III: Taxation of S Corporation Shareholders - States that a loss recognized by a shareholder in a complete liquidation of an S corporation shall be treated as an ordinary loss to the extent the shareholder's stock basis is attributable to ordinary income from such liquidation. Title IV: Effective Date - Sets forth the effective date for provisions of this Act.
United States · United States Congress · 10 February 1999
Marriage Tax Elimination Act of 1999 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 10 February 1999
Expresses the sense of the Congress that the United States should: (1) introduce and make all efforts necessary to pass a resolution criticizing the People's Republic of China for its human rights abuses in China and Tibet at the annual meeting of the United Nations Commission on Human Rights; and (2) urge other governments to cosponsor and support such resolution.
![Official portrait of Rep. Bereuter, Doug [R-NE-1]](https://www.congress.gov/img/member/b000403_200.jpg)