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
Improved Maternal and Children's Health Coverage Act of 1999 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act (SSA) to mandate: (1) development and use of a uniform, simplified application form for establishing eligibility for Medicaid and CHIP benefits; (2) coordinated enrollment processes; and (3) timely response to inquiries received through a national toll-free telephone number for information on children's coverage under such programs. Requires the Secretary of Health and Human Services to establish such number. (Sec. 2) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and CHIP with regard to children and pregnant women. Directs the Secretary to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available under this Act. Sets forth a special rule for certain enrollment and outreach activities providing for use of three percent of CHIP funds at 90 percent Federal match for such activities. Amends SSA title XIX to provide for additional entities (including elementary and secondary schools, child support enforcement agencies, and child care resource and referral agencies) that are qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 3) Amends SSA title XXI to require, to the extent a State child health plan provides coverage other than through providing benefits under the State's Medicaid plan, a State child health plan to: (1) specify methods to ensure coordination of pediatric care within a family; (2) make the State and its contractors, and not beneficiaries and families, responsible for applying limitations on cost-sharing; (3) impose, at its option, a flat limit (of up to $500) on out-of-pocket expenditures for certain low-income children (as an alternative to the current five percent of family income); and (4) provide a grace period and prior notice before disenrollment for nonpayment of premiums, if the State child health plan requires the payment of a premium and such premium is not paid on a timely notice, as well as an opportunity for a hearing on the matter. Prohibits State child health plan eligibility standards from permitting the use of mandatory waiting periods, unless the Secretary finds that such a period would not be contrary to title XXI. (Sec. 4) Amends SSA title XIX to provide for, among other changes: (1) automatic reassessment of eligibility for CHIP and Medicaid benefits for children losing Medicaid or CHIP eligibility; (2) optional CHIP coverage of low-income, uninsured pregnant women; (3) State option to cover qualified alien children under the Medicaid and CHIP programs; (4) elimination of the funding offset for exercise of the presumptive eligibility option; (5) automatic enrollment of children born to targeted low-income pregnant women receiving pregnancy-related assistance under such programs; and (6) CHIP and Medicaid program coordination with the Maternal and Child Health Services program under SSA title V.
United States · United States Congress · 24 February 1999
Veterans Tobacco-Related Illness Benefits Restoration Act of 1999 - Repeals a Federal provision which prohibits a veteran's disability or death from being considered to have resulted from a personal injury suffered or a disease contracted in the line of duty on the basis that it resulted from the use of tobacco products during the veteran's military, naval, or air service. Provides that such repeal shall apply to any claim for compensation received by the Secretary of Veterans Affairs before or after enactment of this Act. Prohibits the Director of the Office of Management and Budget from making any estimate of changes in direct spending outlays under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) for any fiscal year resulting from the enactment of this Act.
United States · United States Congress · 24 February 1999
Continued Dumping or Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
United States · United States Congress · 23 February 1999
Human Rights, Opportunity, Partnership, and Empowerment for Africa Act (or the Hope for Africa Act) - Declares the policy of Congress toward sub-Saharan African countries. Title I: Cancellation of Debt Owed By Sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to direct the President to cancel all concessional and nonconcessional loans made, guarantees issued, or credits extended by the United States to sub-Saharan African countries. Directs the President to report annually to the appropriate congressional committees concerning the cancellation of debt. (Sec. 102) Authorizes appropriations. (Sec. 103) Directs the Secretary of State to notify foreign governments that have provided loans, guarantees, or credits to the government of a sub-Saharan African country that it is U.S. policy to forgive all such debts and that such foreign governments should do the same. (Sec. 104) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the United States Executive Directors at the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank) to use the U.S. vote to advocate that such financial institutions: (1) unconditionally cancel all debts owed by a sub-Saharan African country to such institution; (2) encourage each country benefitting from such debt cancellation to allocate 20 percent of the country's national budget (including savings from such debt cancellation) to basic services, as the country has committed to do under the United Nations 20- 20 Initiative; and (3) after canceling such debt, require that any future loans not be used to finance in whole or part the implementation of any agreement which requires the country to pay more than five percent of its annual export earnings toward the servicing of foreign loans. Requires the Secretary of the Treasury to report to specified congressional committees with respect to the response by foreign governments to the policies advocated by this section. (Sec. 105) Directs the Secretary of the Treasury to: (1) report to Congress on the amount of debt owed to any U.S. person by any country in sub-Saharan Africa; and (2) acquire and cancel each debt obligation owed to each U.S. person. (Sec. 106) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 to include as an additional duty of the International Financial Institution Advisory Commission that it advise the Secretary of the Treasury and report to Congress on the viability and desirability of having each indebted sub-Saharan African country repay foreign loans in their currency. (Sec. 107) Directs the Secretary of State to encourage the government of each sub-Saharan African country to allocate 20 percent of its national budget (including the savings from cancellation of debt owed by it to the United States) to other foreign countries, to the IMF and the World Bank, and to U.S. persons for the provision of basic services to individuals in their respective country, as provided for in the United Nations 20-20 Initiative. (Sec. 108) Expresses the sense of Congress that, prior to the cancellation of debt owed by sub-Saharan African countries, each such country should not pay in any calendar year an aggregate amount greater than five percent of the export earnings of the country for the prior calendar year. Title II: Trade Provisions Relating to Sub-Saharan Africa - Directs the United States, pursuant to the Agreement on Textiles and Clothing, to eliminate existing quotas on textile and apparel exports to the United States from Kenya and Mauritius not later than 30 days after each country demonstrates that it: (1) does not engage in significant violations of internationally recognized human rights; (2) provides for the enforcement of certain internationally recognized worker rights; and (3) takes adequate measures to prevent illegal transshipment of goods. Directs the President to continue the no quota policy for each of the other sub-Saharan African countries that are in compliance with such requirements. (Sec. 201) Provides that, when the quota for either Kenya or Mauritius is first eliminated, the quota for textile and apparel products from China for each calendar year shall be reduced by an amount equal to the volume of imports of all textile and apparel products from all sub-Saharan African countries into the United States in the preceding calendar year, plus five percent of that amount. Requires the Secretary of Labor to determine, and report annually to Congress on, whether or not each sub-Saharan African country is providing for effective enforcement of internationally recognized worker rights. Directs the President to report annually to Congress on the growth in textiles and apparel exports to the United States from countries in sub-Saharan Africa in order to inform U.S. consumers, workers, and textile manufacturers about the effects of the no quota policy. Directs the President to provide an additional benefit of 50 percent tariff reduction for any textile and apparel product of a sub-Saharan African country that meets the requirements (relating to human rights, workers rights, and illegal transshipments) and that is imported directly into the United States from such country if the business enterprise, or a subcontractor of the enterprise, producing the product is in compliance with specified conditions. Sets forth specified conditions for the import of textile and apparel goods into the United States, including such goods from a sub-Saharan African country. Sets forth penalties for violations committed under this Act. Directs the U.S. Customs Service to monitor and the Commissioner of Customs to report annually on measures taken by sub-Saharan African countries which export textiles or apparel goods to the United States to prevent unlawful transshipment of such goods and circumvention of this Act or any agreement regulating trade in such goods between such country and the United States. (Sec. 202) Amends the Trade Act of 1974 to authorize the President to provide duty-free treatment for certain import-sensitive articles, or articles set forth in the product list of the Lome Treaty, that are the product of a beneficiary developing sub-Saharan African country and that are in compliance with certain human rights requirements with respect to such articles if the President determines that such articles are not import-sensitive in the context of imports from such countries. Sets forth certain rules of origin for purposes of duty-free treatment of products from beneficiary developing sub-Saharan African countries. Extends duty-free treatment to: (1) products from beneficiary developing sub-Saharan African countries through June 30, 2005; and (2) products of other beneficiary developing countries through June 30, 1999. (Sec. 203) Grants a U.S. citizen a cause of action in the U.S. district court to seek compliance of sub-Saharan African countries with the requirements of this Act. Title III: Development Assistance for sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to revise congressional findings with respect to long-term development assistance for sub-Saharan Africa to declare that the HIV- AIDS epidemic, along with other conditions, have caused countless deaths and untold suffering among the people of sub-Saharan Africa. (Sec. 302) Directs the Agency for International Development (AID) to provide capacity building assistance through participatory planning to private and voluntary organizations that are involved in providing assistance for sub-Saharan Africa. (Sec. 303) Prohibits military assistance to sub-Saharan African countries. (Sec. 304) Revises critical sectoral priorities provisions to give priority to: (1) increasing food security by promoting agriculture policies in sub-Saharan African countries; (2) improving health conditions in such countries by emphasizing, among other things, HIV-AIDS prevention and treatment programs; (3) providing increased access to voluntary family planning services, including access to prenatal healthcare; (4) improving education and vocational education, with particular emphasis on primary education and vocational education for women; and (5) developing income-generating opportunities, including development of manufacturing and processing industries and microcredit projects. (Sec. 305) Increases the minimum amount of long-term development assistance that should be targeted to certain critical sectors with respect to sub-Saharan African countries. (Sec. 306) Directs the Administrator of AID to report semiannually to Congress on: (1) how, and to what extent, AID has consulted with nongovernmental organizations in sub-Saharan Africa regarding the use of long-term development assistance to sub-Saharan African countries; (2) the extent to which such assistance has been successful in capacity building among local nongovernmental organizations and in increasing food security and access to health and education services among the people of sub-Saharan Africa; and (3) how, and to what extent, such assistance has furthered the goals of sustainable economic and agricultural development, gender equity, environmental protection, and respect for workers' rights there. (Sec. 307) Authorizes appropriations for the Development Fund for Africa. Title IV: Sub-Saharan Africa Equity and Infrastructure Funds - Directs the Overseas Private Investment Corporation (OPIC) to initiate one or more equity funds in support of infrastructure projects in sub-Saharan Africa, including basic health services (including AIDS prevention and treatment), hospitals, potable water, sanitation, schools, electrification of rural areas, and publicly-accessible transportation. Title V: Overseas Private Investment Corporation and Export-Import Bank Initiatives - Directs the Board of Directors of OPIC to establish and work with an advisory committee to assist it in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa, including with respect to equity and infrastructure funds established under this Act. Sets forth requirements with respect to the composition and administration of the advisory committee. (Sec. 502) Amends the Export-Import Bank Act of 1945 to revise provisions establishing an advisory committee to require such committee to assist the Board of Directors of the Export-Import Bank of the United States in developing, among other things, financial instruments with respect to sub-Saharan African countries. Sets forth requirements with respect to the composition and administration of the advisory committee. Title VI: Miscellaneous Provisions - Prohibits the use of appropriated funds to any Federal agency to be used to seek the revocation or revisions of any sub-Saharan African intellectual property or competition law or policy that is designed to promote access to pharmaceuticals or other medical technologies. (Sec. 603) Directs the President to: (1) provide notice and opportunity to the public for comments on the success or failure of the implementation of this Act; and (2) report such comments to Congress.
United States · United States Congress · 23 February 1999
Amends rule 30 of the Federal Rules of Civil Procedure to require that depositions be recorded by stenographic or stenomask means unless the court upon motion orders, or the parties stipulate in writing, to the contrary.
United States · United States Congress · 23 February 1999
Resources 2000 Act - Reduces according to a specified formula the amount of qualified Outer Continental Shelf (OCS) revenues that shall be deposited for a limited fiscal year into the Land and Water Conservation Fund, the Historic Preservation Fund, or any other fund or account established by this Act. (Sec. 6) Limits the amount available for administrative expenses to two percent. (Sec. 7) Requires off-budget treatment of the receipts and disbursements of funds under this Act. Title I: Land and Water Conservation Fund Revitalization - Amends the Land and Water Conservation Act of 1965 to extend indefinitely the period for: (1) depositing amounts into the Land and Water Conservation Fund (currently, such period ends September 30, 2015); and (2) under specified conditions, annual authorization of appropriations to the Fund in certain amounts for FY 1977 through 1978 and each succeeding fiscal year. (Sec. 103) Makes $900 million available each fiscal year for obligation or expenditure without further appropriation, to be allocated as follows: (1) 50 percent for Federal purposes; and (2) 50 percent for State grants. (Sec. 105) Removes the "outdoor recreation" limitation on the use of financial assistance to States to carry out planning, land acquisition, and development projects for land and water conservation purposes. (Sec. 106) Revises the formula used to allocate amounts made available for State purposes from the Fund each fiscal year, including distributing one-third of such funds among the several States under a competitive grant program. (Sec. 107) Revises the requirement that a State have a comprehensive statewide outdoor recreation plan as a prerequisite to consideration by the Secretary of the Interior of financial assistance for acquisition or development projects. Allows a State, in order to reduce costly repetitive planning efforts, to use for such a plan a current State comprehensive outdoor recreation plan, a State recreation plan, or a State action agenda under criteria developed by the Secretary. (Sec. 108) Removes the restriction on providing financial assistance to States for incidental costs relating to land and water acquisition. Permits local funding and a limited percentage of the amount of State allocated funds in any one year to be used for sheltered facilities for swimming pools and ice skating rinks in areas where the Secretary determines a need to enhance public safety. (Sec. 109) Requires the Secretary to approve, subject to certain conditions, the conversion of property (other than for public outdoor recreation use) acquired or developed with assistance under the Act only if the State demonstrates that no prudent or feasible alternative exists. Exempts from such requirement conversion of property that is no longer viable as an outdoor conservation or recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination which endangers public health and safety. Title II: Urban Park and Recreation Recovery Program Amendments - Amends the Urban Park and Recreation Recovery Act of 1978 to provide for the development of new recreation areas and facilities (including the acquisition of lands for such development) under the urban park and recreation recovery program. (Sec. 205) Revises requirements for: (1) Federal assistance grant eligibility; (2) matching grants to local governments for rehabilitation, development, and innovation purposes; (3) local park and recreation recovery action programs; (4) State action incentives; and (5) conversion of recreation property for any other purpose other than public recreation purposes. (Sec. 210) Establishes in the Treasury the Urban Park and Recreation Recovery Fund. Specifies the amount to be deposited into the Fund each fiscal year out of qualified OCS revenues, which shall be available, without further appropriation, until expended. Sets forth limitations on annual State grants under this Act and grant and program administration. (Sec. 211) Repeals sunset provisions and congressional reporting requirements with respect to: (1) the impact of the urban park and recreation recovery program; and (2) the annual achievements of the innovation grant program. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to specify the amount to be deposited into the Historic Preservation Fund each fiscal year after FY 1998 out of qualified OCS revenues, which shall remain available, without further appropriation, and until expended, only to carry out the purposes of such Act. (Sec. 301) Requires at least one half of the funds obligated or expended each fiscal year under this Act to be used for preservation projects on historic properties (giving priority to the preservation of endangered historic properties). Title IV: Farmland, Ranchland, Open Space, and Forestland Protection - Establishes in the Treasury the Farmland, Ranchland, Open Space, and Forestland Protection Fund. (Sec. 403) Authorizes the Secretary of Agriculture to use specified amounts from the Fund for the farmland protection and forest legacy programs. Authorizes the Secretary of the Interior to use specified amounts from the Fund for the ranchland protection program. (Sec. 404) Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limitations; and (3) increase the existing funding cap, revising it from a total program cap to a fiscal year cap. (Sec. 405) Directs the Secretary of the Interior to establish a ranchland protection program similar to the farmland protection program. Title V: Federal and Indian Lands Restoration Fund - Establishes the Federal and Indians Lands Restoration Fund which shall be used as a dedicated source of funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety. Deposits $250 million of qualified Outer Continental Shelf revenues received by the United States each fiscal year into the Fund and allocates: (1) 60 percent to the Secretary of the Interior for lands within the National Park System, National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; (2) 30 percent to the Secretary of Agriculture for lands within the National Forest System; and (3) ten percent to the Secretary of the Interior for competitive grants to Indian tribes under this Act. Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) each establish priority lists for the use of funds which give priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety; and (2) jointly establish a coordinated program for tracking the progress of activities carried out and determining the extent to which demonstrable results are being achieved. Title VI: Living Marine Resources Conservation, Restoration, and Management Assistance - Authorizes the Secretary of Commerce to use amounts from the Living Marine Resources Conservation Fund for allocation to a coastal State with a Living Marine Resources Conservation Plan to reimburse the State for the costs of developing, implementing, and revising such a plan. Sets forth plan requirements. Establishes the Living Marine Resources Conservation Fund. Provides for the deposit in such fund of specified amounts received by the United States as qualified Outer Continental Shelf revenues. Authorizes the Secretary to make grants from such fund for the conservation, restoration, or management of living marine resources. Sets forth criteria for grant approval. Defines "living marine resources" as indigenous fin fish, anadromous fish, mollusks, crustaceans, and all other forms of marine animal and plant life, including marine mammals and birds, that inhabit marine or brackish waters of the United States during all or part of their life cycle. Title VII: Funding for State Native Fish and Wildlife Conservation and Restoration - Amends the Fish and Wildlife Conservation Act of 1980 to revise the purposes and applicability of such Act so as to: (1) provide for promoting conservation of native (currently, nongame) fish and wildlife; and (2) preserving biological diversity by maintaining natural assemblages of native fish and wildlife. Replaces the definition of "fish and wildlife" and "nongame fish and wildlife" with a definition of "native fish and wildlife" as a fish, animal, or plant species that: (1) historically occurred or occurs in an ecosystem, other than as a result of an introduction, and lives in an unconfined state; and (2) does not include any population of a domesticated species that has reverted to a feral existence. (Sec. 703) Requires State conservation plans to promote balanced and diverse assemblages of native fish and wildlife. (Sec. 704) Repeals the provision specifying that conservation actions set forth in a conservation plan approved by the Secretary of the Interior shall be eligible for reimbursement as fish and wildlife projects. (Sec. 705) Makes amendments relating to the reimbursement of State costs for the development, revision, and implementation of conservation plans to: (1) extend eligibility for reimbursement of costs incurred by States for developing conservation plans through FY 2010, and for implementing conservation plans through FY 2005; (2) repeal specified reimbursement requirements; (3) prohibit paying reimbursement to any State for any cost incurred in implementing an approved conservation plan or action to the extent that more than 50 (currently ten) percent of such costs in any such year are accounted for by inkind contributions; and (4) prohibit the amount of reimbursement paid to any State for any fiscal year after FY 2010 from exceeding 75 percent of the cost of implementing and revising the plan during the fiscal year. (Sec. 706) Establishes the Native Fish and Wildlife Conservation and Restoration Fund into which the following amounts received as qualified Outer Continental Shelf revenues shall be deposited: (1) $100 million for each of FY 2000 and 2001; (2) $200 million for each of FY 2002 through 2004; and (3) $350 million for FY 2005 and each proceeding fiscal year. Makes up to the amount stated for a fiscal year available to the Secretary of the Interior for that fiscal year to reimburse States for conservation plans and actions. Title VIII: Endangered and Threatened Species Recovery - Authorizes the Secretary of the Interior or the Secretary of Commerce to use amounts in the Endangered and Threatened Species Recovery Fund to provide financial assistance to persons for development and implementation of Endangered and Threatened Species Recovery Agreements. Requires either Secretary to give priority to the development and implementation of Agreements that: (1) implement actions identified under recovery plans approved by the Secretary; (2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and (3) require use of the assistance on land owned by a small landowner or on a family farm by the owner or operator. Prohibits the Secretary from providing financial assistance for any action that is required by a permit issued under the Endangered Species Act of 1973 or that is otherwise required under Federal law. (Sec. 803) Authorizes the Secretary to enter into such Agreements and sets forth Agreement requirements, including: (1) requiring activities not otherwise mandated by law that contribute to species recovery; and (2) specifying species recovery goals. Requires the Secretary to review Agreements for compliance with such requirements, propose necessary revisions, approve Agreements in compliance, periodically monitor the implementation of each Agreement, and disburse financial assistance to implement the Agreement. (Sec. 804) Establishes the Endangered and Threatened Species Recovery Fund in the Treasury and requires $100 million to be deposited into the Fund each fiscal year from amounts received as qualified Outer Continental Shelf revenues.
United States · United States Congress · 23 February 1999
Expresses the sense of the Congress that: (1) the islets of Imia in the Aegean Sea are sovereign territory of Greece under international law; and (2) Turkey should agree to bring the dispute with Greece over sovereignty over the islets before the International Court of Justice at The Hague, Netherlands.
United States · United States Congress · 12 February 1999
TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1999 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute regarding lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates charges (whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges) imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.
United States · United States Congress · 12 February 1999
Expresses the sense of the Congress that there should be parity between the compensation of members of the armed forces and Federal civilian employees.
United States · United States Congress · 11 February 1999
Retirement Account Portability Act of 1999 - Amends the Internal Revenue Code to permit rollovers from State and tax-exempt instrumentalities and from and to public school retirement plans. (Sec. 3) Permits individual retirement plan (IRA) rollovers only if the entire amount is deposited into another defined contribution retirement plan and certain other conditions are met. (Sec. 4) Provides for faster vesting of employer matching contributions. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend single employer missing participant provisions to multiemployer plans. Authorizes transfer of a missing participant's benefits to a corporation upon termination of certain pension plans. (Sec. 6) Removes certain restrictions on the rollover of after-tax contributions. Provides a hardship exception to the 60-day transfer requirement. (Sec. 7) Permits distributions upon severance from employment (currently upon separation from employment). (Sec. 8) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution options available under a transferor defined contribution plan. (Sec. 9) Authorizes employers to disregard rollovers for purposes of employee cash-out amounts under the Code and ERISA. (Sec. 10) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to Federal or public school and State and tax-exempt instrumentality pension plans.
United States · United States Congress · 11 February 1999
Gun Buy Back Partnership Grant Act of 1999 - Authorizes the Director of the Bureau of Justice Assistance to make grants to States or local governments to conduct community gun buy back programs. Sets forth provisions regarding the distribution and use of funds, minimum and maximum amounts to be provided to qualifying jurisdictions, matching funds, and application requirements. Requires the Director, in awarding grants, to give preferential consideration to applications from jurisdictions that will conduct a community gun buy back program that will destroy all guns received by the program, or that will donate to a State or local museum for display any inoperable gun that is a curio or relic or that has historic significance. Authorizes appropriations.
United States · United States Congress · 11 February 1999
Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School. Expresses the sense of the Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense should: (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and appropriate management of defense and security policy; and (2) implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption.
United States · United States Congress · 11 February 1999
United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. (Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met. Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. (Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) (Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations. Requires a report on the results of the study to specified congressional committees. (Sec. 8) Authorizes appropriations.
United States · United States Congress · 11 February 1999
Distilled Spirits Tax Payment Simplification Act of 1999 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Prescription Drug Fairness for Seniors Act of 1999 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy such covered outpatient drug in the described amount (an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries) and at the described price (the price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug). Sets forth special provisions with respect to hospice programs.
United States · United States Congress · 4 February 1999
TABLE OF CONTENTS: Title I: Protection Against Scams on Seniors Title II: Telemarketing Fraud Over the Internet Title I: Protection Against Scams on Seniors - Protection Against Scams on Seniors Act of 1999 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud. Authorizes appropriations. Title II: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail.
United States · United States Congress · 4 February 1999
Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control. Requires homeowner repayment of such assistance and interest.
United States · United States Congress · 4 February 1999
Faces of AIDS Stamp Act of 1999 - Amends Federal law to require the Postal Service to establish a special rate of postage for first class mail that is up to 25 percent higher than the regular rate as a voluntary alternative that the public may use to contribute to funding for Acquired Immune Deficiency Syndrome (AIDS) research and education. Requires 50 percent of collected amounts to be paid to the National Institutes of Health (NIH) and the remainder to the Department of Health and Human Services (HHS) for AIDS awareness education grant programs. Expresses the sense of the Congress that nothing in this Act should: (1) cause a net decrease in total funds received by NIH, HHS, or any other Federal agency or instrumentality below the level that would have otherwise been received but for this Act's enactment; or (2) affect first-class or other regular postage rates. Requires special postage stamps to be made available to the public.
United States · United States Congress · 4 February 1999
Honoring American Military Women for Their Service in World War II Resolution - Honors the women who served the United States in military capacities during World War II. Recognizes that these women contributed vitally to the victory of the United States and the Allies in the war.
United States · United States Congress · 4 February 1999
Declares that: (1) the final political status of the territory controlled by the Palestinian Authority can only be determined through negotiations and agreement between Israel and the Palestinian Authority; (2) any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition; and (3) the President should unequivocally assert U.S. opposition to the unilateral declaration of a Palestinian state.
United States · United States Congress · 3 February 1999
Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires that such regulations, at a minimum, set forth a minimum safety standard that such a product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act. Directs the Secretary, in developing the standard, to: (1) give appropriate consideration to products that are not detachable, but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards. Requires the standard to ensure that any product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and that such product cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer. (Sec. 4) Authorizes the Secretary to issue an order: (1) prohibiting the manufacture, sale, transfer, or delivery of a product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed, in violation of this Act; and (2) requiring the manufacturer of, and any dealer in, a product which the Secretary finds to violate such provision to provide notice of the risks associated with the product; to bring the product into conformity with regulations prescribed by this Act; to repair, replace, refund the purchase price of, or recall, the product; or to submit to the Secretary a satisfactory plan for implementation of any such action. Authorizes the Secretary, at reasonable times in order to ascertain compliance, to: (1) enter any place in which products are manufactured, stored, or held, for distribution in commerce, and inspect those areas; and (2) enter and inspect any conveyance being used to transport a product for commercial purposes. (Sec. 5) Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments. (Sec. 6) Prohibits a licensed manufacturer, importer, or dealer from selling, transferring, or delivering a handgun: (1) with accompanying packaging or other descriptive materials without a specified warning label regarding the consequences of child operation of, child access to, and storage of, handguns; and (2) without accompanying packaging or other descriptive materials unless the label described is affixed to the handgun by a method to be prescribed by the Secretary. (Sec. 7) Sets forth reporting requirements. (Sec. 8) Authorizes the Secretary to assess civil penalties, and to revoke a Federal firearms license, under specified circumstances. Creates a private right of action for damages by persons aggrieved by a violation of this Act. Sets forth criminal penalties for violations. (Sec. 9) Allows State law to afford greater protection to children regarding handguns than is afforded by this Act.
United States · United States Congress · 3 February 1999
Notch Fairness Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Provides that any additional spending resulting from this Act shall not be counted as direct spending for purposes of budgetary limits in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 3 February 1999
Nursing Home Resident Protection Amendments of 1999 - Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities because of a facility's voluntary withdrawal from participation in Medicaid as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide specified notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in Medicaid with respect to that resident; and (2) may transfer or discharge the resident from the facility when the resident is unable to pay facility charges, even though the resident may have become eligible for Medicaid's nursing facility services.
United States · United States Congress · 3 February 1999
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act). (Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. (Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. (Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. (Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations. (Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. (Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 3 February 1999
Defense of the Environment Act of 1999 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction. Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law. Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that each Federal agency: (1) collects and catalogs available information that would assist in assessing whether any bill, joint resolution, amendment, or conference report provision would reduce environmental protection; (2) facilitates the availability of such information for Congress' use; and (3) makes such information readily available to the Comptroller General for purposes of fulfilling the assessment and consultation duties described above. Requires such information to be made publicly available. Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House. Amends the Rules of the House of Representatives with respect to the striking of, and points of order against, provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions.
United States · United States Congress · 3 February 1999
Repeals a specified section of the Foreign Affairs Reform and Restructuring Act of 1998 calling for the abolition of the United States Advisory Commission on Public Diplomacy (effectively continuing the Commission).
United States · United States Congress · 3 February 1999
Amends provisions relating to the census to eliminate the exception that prevents the use of sampling in determining the population for purposes of the apportionment of Representatives in the Congress among the several States.
United States · United States Congress · 3 February 1999
Hope for Children Act - Amends the Internal Revenue Code to: (1) increase the amount allowable for qualified adoption expenses; (2) permanently extend the credit for adoption expenses; and (3) adjust the limitations on such credit for inflation.
United States · United States Congress · 2 February 1999
Guadalupe-Hidalgo Treaty Land Claims Act of 1999 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties. Authorizes appropriations.
United States · United States Congress · 2 February 1999
Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products.
United States · United States Congress · 2 February 1999
Amends Federal civil service law relating to the Civil Service Retirement System and the Federal Employees' Retirement System to provide that the mandatory separation age for Federal firefighters (currently, 55) be made the same as the age that applies with respect to Federal law enforcement officers (currently, 57).
United States · United States Congress · 2 February 1999
Community Broadcasters Protection Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the requirements for class A designation. Requires requesting licensees to submit to the FCC a certification of eligibility based on the requirements of this Act. Requires the FCC to: (1) grant such certification absent a material deficiency; and (2) act to preserve the contours of LPT stations pending final resolution of such applications. Allows an LPT station to submit an application for class A designation only within 30 days after final regulations are adopted. Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming not otherwise available to their communities; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of the filing of the class A advanced television application. States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses. Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements. Prohibits the FCC from granting a class A license to an LPT station operating on a channel that includes any one of the 175 additional channels referenced within a certain FCC Memorandum of Opinion and Order of Reconsideration. Directs the FCC to identify such channels within 18 months after the enactment of this Act. Prohibits the FCC from granting a class A license unless the applicant or licensee shows that the station for which such license or modification is sought will not cause interference within the protected contour of: (1) other television stations, including licensed or authorized LPT stations; or (2) 80 miles from the geographic center of certain listed areas, including the 482-488 megahertz band in New York. States that competitive bidding authority shall not apply to licenses or construction contracts issued by the FCC for LPT and TV translator stations where one or more of the mutually exclusive applicants is a qualified class A licensee or a translator rebroadcasting the signal of a primary service station within its designated market area, with exceptions.
United States · United States Congress · 2 February 1999
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 2 February 1999
Downed Animal Protection Act - Amends the Packers and Stockyards Act, 1921 to make it unlawful for any stockyard owner, market agency, or dealer to buy, sell, give, receive, transfer, market, hold, or drag any nonambulatory livestock unless such livestock has been humanely euthanized. Imposes civil and criminal penalties for violations.
United States · United States Congress · 2 February 1999
TABLE OF CONTENTS: Title I: Designation of Wilderness Areas Title II: Biological Connecting Corridors Title III: National Parks, Preserves, and Related Studies Title IV: Wild and Scenic Rivers Designations Title V: National Wildland Restoration and Recovery System Title VI: Implementation and Monitoring Title VII: Rules of Construction Northern Rockies Ecosystem Protection Act of 1999 - Title I: Designation of Wilderness Areas - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier-Northern Continental Divide Ecosystem; (2) Greater Yellowstone Ecosystem; (3) Greater Salmon-Selway Ecosystem; (4) Greater Cabinet-Yaak-Selkirk Ecosystem; (5) Islands in the Sky Wilderness; and (6) Blackfeet Wilderness. (Sec. 109) Reserves, with respect to each wilderness area designated by this Act, a sufficient quantity of water to fulfill the area's designated purpose. Title II: Biological Connecting Corridors - Designates: (1) specified wild land areas as Biological Connecting Corridors (Corridors) to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as components of the System; and (3) certain biological connecting corridors as special corridor management areas. Exempts specified roads and highways from provisions of this Act. Title III: National Parks, Preserves, and Related Studies - Establishes the Hells Canyon-Chief Joseph National Park and Preserve as a unit of the National Park System. (Sec. 301) Requires the Secretary of the Interior, acting through the National Park Service, to administer the Preserve. Requires the Secretary to implement a program to close all vacant livestock allotments and to negotiate the purchase of active livestock allotment grazing allocations from the permittees. Closes all vacant and vacated allotments upon purchase. Sets forth provisions concerning: (1) motorized uses of the Preserve; and (2) participation of the Department of the Interior in the process by which the Federal Energy Regulatory Commission reconsiders the relicensing of the Hells Canyons dams complex. Requires the Secretary to implement a program of ecosystem restoration in the Preserve. (Sec. 302) Requires the Secretary of the Interior, acting through the National Park Service, to study the feasibility of creating a Flathead National Park and Preserve in the area generally known as the Glacier View Ranger District of the Flathead National Forest, excepting those lands south of the Big Mountain Road. Title IV: Wild and Scenic Rivers Designations - Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Title V: National Wildland Restoration and Recovery System - Establishes the National Wildland Restoration and Recovery System. (Sec. 502) Specifies component recovery areas. Requires the U.S. Forest Service, after recovery is achieved for a component area, to evaluate its suitability for inclusion in the System or for other consistent uses. Establishes the National Wildland Recovery Corps (as a special unit of the U.S. Forest Service) to carry out land recovery responsibilities. Requires the Corps to develop a wildland recovery plan for each area of the Recovery System, requiring each plan to take into account the specific conditions of the area. Authorizes appropriations. Title VI: Implementation and Monitoring - Requires the Secretaries of the Interior and Agriculture to: (1) report to the Congress on implementation of this Act; (2) establish an interagency team to monitor, evaluate, and make recommendations to ensure long-term results required by this Act and to develop a geographic information system for monitoring the Northern Rockies Bioregion; and (3) establish a governmental review board to make recommendations to the Congress on legally restating and unifying the natural resource management mandates of Federal agencies. (Sec. 605) Requires the Secretaries to assure nonexclusive access to Wilderness areas, National Park and Preserve Study areas, Wildland Recovery areas, and Biological Corridors designated by this Act by Native Americans for traditional cultural and religious purposes. Requires the Forest Service and Bureau of Land Management to enter into cooperative management agreements with the appropriate Indian tribes to assure protection of religious, burial, and gathering sites, and to work cooperatively on the management of all uses in the protected areas that affect Indian lands and people. (Sec. 606) Requires the Secretaries to give particular emphasis to the preservation and protection of cultural resources located within the areas. Title VII: Rules of Construction - Provides that nothing in this Act may be construed as: (1) a relinquishment or reduction of any U.S.-secured water rights; (2) establishing a precedent with regard to any future designations, including wilderness designations; or (3) affecting any Indian treaty or right.
United States · United States Congress · 2 February 1999
Condemns: (1) the racism and bigotry espoused by the Council of Conservative Citizens; and (2) all manifestations and expressions of racism, bigotry, and religious intolerance wherever they occur. Urges all Members of the House of Representatives not to support or endorse the Council and its views.
United States · United States Congress · 19 January 1999
Violence Against Women Act of 1999- Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel, as well as training of sexual assault forensic nurse examiners, and supporting the development of sexual assault response teams. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. Includes as a prerequisite for Federal reimbursement of forensic medical exams of victims of sexual assault that the participating governmental entity notify all victims that such reimbursement is neither contingent upon the victim's report to law enforcement officials nor upon the victim's cooperation in the prosecution of the assault. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; (3) technical assistance and training for State and local domestic violence programs; and (4) private, nonprofit, tribal domestic violence coalitions with representatives from a majority of the programs for victims of domestic violence operating within Indian reservations, and programs whose primary focus is the populations of such Indian country. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 195) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention in Schools - Authorizes appropriations for the Secretary of Education to provide grants to State, local, or tribal school systems to implement programs for elementary, middle, and secondary schools which address domestic violence, assault and stalking. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnaping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends the Federal criminal code (the code) to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the Parental Kidnaping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Federal judicial code to: (1) provide that no State shall be required to enforce any order obtained in a proceeding which would violate the constitution of the enforcing State if the proceeding were conducted in the enforcing State; and (2) declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations shall be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States shall not order specified measures if they may endanger either parent or child; and (4) States shall provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants in consultation with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds exclusively for rape prevention and education programs conducted by rape crisis centers and private nonprofit nongovernmental State and tribal sexual assault coalitions for specified programs. Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault when appropriations reach a specified minimum level. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Forensic Examinations Act - Directs the Attorney General, in conjunction with the HHS Secretary, to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle: D: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 345) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle E: Hate Crimes Prevention - Hate Crimes Prevention Act of 1999 - Amends the code to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 355) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 356) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 357) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Subtitle F: Rescheduling and Classification of Date-Rape Drugs - Directs the Attorney General to: (1) transfer flunitrazepam from schedule IV to schedule I; and (2) add ketamine hydrochloride to schedule III and, by order, add Gamma Hydroxy Butyric Acid to schedule I. Subtitle G: Access to Safety and Advocacy for Victims of Sexual Assault - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of sexual violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence and Sexual Assault Victims' Housing - Domestic Violence and Sexual Assault Victims Housing Act - Authorizes increased appropriations under the Stewart B. McKinney Homeless Assistance Act exclusively for qualified, nonprofit, nongovernmental organizations, and solely to provide supportive housing andtenant-based rental and financial assistance for persons leaving a residence due to victimization by domestic violence, stalking, or adult or child sexual assault. Subtitle B: Full Faith and Credit for Protection Orders - Amends the code to: (1) grant a tribal court civil and criminal jurisdiction over any person who violates a protection order within its jurisdiction, subject to Federal habeas corpus review, and after tribal court remedies are exhausted; and (2) require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends the code to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Strengthening Enforcement to Reduce Violence Against Women - Amends the code to revise guidelines governing persons who travel in interstate and foreign commerce and engage in domestic violence and stalking, or who violate protection orders. Subtitle H: Disclosure Protections - Amends the Social Security Act , Title IV part D, to modify disclosure protections in connection with the Federal Parent Locator Service and State plan requirements for child and spousal support. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends the code to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation for abused dependents of former members of the armed forces. Subtitle C: Confidentiality of Records - Prescribes guidelines under which the Secretary of Defense is directed to: (1) study procedures of military departments for protecting the confidentiality of communications between military dependents involved in sexual or intrafamily abuse and the professionals from whom they seek services in connection with the effects of such abuse; and (2) issue regulations to provide the maximum protections for the confidentiality of such communications; and (3) report to the Congress on results of such study and implementation of the regulations. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act of 1999 - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors (including tribal authorities). Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include programs and providers of direct services targeted to older individuals. 606) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 609) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 610) Directs such Assistant Secretary to update and improve curricula and implement continuing education training programs to improve the ability of designated health care and social services providers to recognize and address instances of elder abuse, including domestic violence and sexual assault. (Sec.611) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 612) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 613) Directs the Assistant HHS Secretary to make grants to: (1) nonprofit private or tribal organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting elder abuse victims, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1999 - Amends the Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. (Sec. 616) Amends the Public Health Service Act to authorize: (1) area health education centers to include training in domestic violence, sexual assault, and elder abuse screening and referral protocols; and (2) Federal grants to geriatric education centers for training and retraining of faculty to provide instruction regarding elder abuse situations. Subtitle B: Protections Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Family Violence Prevention and Services Act; (3) Safe Homes for Women Act of 1994; and (4) Equal Justice for Women in the Courts Act of 1994. (Sec. 625) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 627) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 628 ) Directs the Attorney General to establish a grants program for States, nongovernmental private entities, and tribal organizations to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women -. VAWA Restoration Act - Amends the Immigration and Nationality Act to modify procedures and provide special rules for battered spouses and children with respect to: (1) adjustment of status; (2) removal and deportation; (3) implementation of immigration provisions in the Violence Against Women Act (VAWA); (4) waivers and exceptions to inadmissibility for otherwise qualified battered immigrants; (5) calculation of physical presence in VAWA cancellation of removal proceedings and suspension of deportation proceedings; (6) VAWA immigration protections; (7) VAWA cancellation of removal and adjustment of status for certain nonpermanent residents; and (8) good moral character determinations for self-petitioning immediate relatives. (Sec. 638) Prescribes guidelines for: (1) discretionary first time offender waivers for aliens making child support payments; (2) misrepresentation waivers for battered spouses of United States citizens and lawful permanent residents; (3) waiver of deportability; (4) inapplicability of public charge determinations for designated aliens; and (5) access to naturalization for divorced victims of abuse. Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of certain application procedures.. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980 to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 639) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 640) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including a tribal organization, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victim s' Employment Rights Act - Prohibits an employer from taking any discriminatory employment action towards an individual for reasons pertaining to sexual or domestic violence, or stalking.. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. (Sec. 726) Sets forth defenses to such an action, including extraordinary threats to workplace safety, and undue hardship. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 to establish an entitlement for leave resulting from certain domestic violence situations for both Federal and non-Federal employees. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII : - Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State and tribal health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on the status, implementation and efficacy of Federal, State, and tribal laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into the provision of services. Authorizes appropriations.
United States · United States Congress · 19 January 1999
Hmong Veterans' Naturalization Act of 1999 - Waives the English language requirement and provides special consideration for the civics requirement with respect to the naturalization of certain aliens (or their spouses or widows) who served with special guerilla units in Laos.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Independent Commission on Campaign Finance Reform Title VII: Prohibiting Use of White House Meals and Accommodations for Political Fundraising Title VIII: Sense of the Congress Regarding Fundraising on Federal Government Property Title IX: Prohibiting Solicitation to Obtain Access to Certain Federal Government Property Title X: Reimbursement for Use of Air Force One for Political Fundraising Title XI: Prohibiting Use of Walking Around Money Title XII: Enhancing Enforcement of Campaign Law Title XIII: Ban on Coordinated Soft Money Activities By Presidential Candidates Title XIV: Posting Names of Certain Air Force One Passengers on Internet Title XV: Expulsion Proceedings for House Members Receiving Foreign Contributions Title XVI: Severability; Constitutionality; Effective Date; Regulations Bipartisan Campaign Finance Reform Act of 1999 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to soft money to prohibit a national committee of a political party (including a national congressional campaign committee of a political party, and any officers or agents of such party committees, and specified related entities) from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or from spending any funds not subject to the FECA limitations, prohibitions, and reporting requirements (FECA requirements). (Sec. 101) Requires State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to FECA requirements which are applied to any amounts spent for fund raising costs of such activities by national, State, district, or local committees and specified related entities. Prohibits national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organization applicants for tax-exemption status. Disallows candidates, incumbents, or their agents, or specified related entities, from soliciting, receiving, directing, transferring, or spending funds in connection with an election for Federal office as well as in connection with any election other than for Federal office or disbursing funds in connection with such an election for Federal election activities on their behalf (with exceptions), unless, in the case of an election for Federal office, the funds are subject to FECA requirements, or, unless with regard to any election other than for Federal office, the funds meet specified guidelines, including that they are not from prohibited sources. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires the following: (1) national committees, national congressional campaign committees, and any subordinate committees, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year to separately itemize their reporting. Title II: Independent and Coordinated Expenditures - Amends FECA to redefine the term "independent expenditure" to mean an expenditure by a person for a communication that is express advocacy and is not coordinated activity or is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." (Sec. 201) Redefines the term "expenditure" to include a payment made by a political committee for a communication that refers to a clearly identified candidate and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Provides that in determining whether any broadcast communication constitutes express advocacy for purposes of this Act, there shall not be taken into account any background music not including lyrics. (Sec. 203) Prohibits the Federal Election (Commission) from entering into a conciliation agreement if it determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 204) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more after the 20th day before an election; and (2) $10,000 or more up to or on the 20th day before an election. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 205) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated and independent expenditures to the candidate during the election cycle. Requires a political party committee, before making a coordinated expenditure to a candidate, to certify to the Commission that it has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a political party committee that submits a certification with respect to a candidate from transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends, during the same election cycle, to make an independent expenditure to the candidate. (Sec. 206) Redefines the term "contribution" to include coordinated activity which is defined as anything of value provided by a person in coordination with a candidate or other specified parties, for the purpose of influencing a Federal election, regardless of whether the value being provided is a communication that is express advocacy, in which such candidate seeks nomination or election to Federal office. Considers a coordinated activity as a contribution to the candidate, and in the case of a limitation on expenditures, treats it as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under FECA. Title III: Disclosure - Amends FECA to replace provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and faxes; (2) make electronically filed reports publicly accessible on the Internet within 24 hours after their receipt by it; and (3) provide methods (other than requiring a signature on the filing) for verifying covered reports. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary FECA compliance. Extends from six to 12 months the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for identification of other than political committee contributors to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require only the names and addresses of persons who make contributions of between $50 and $200 per year. (Sec. 305) Revises requirements for use of candidates' names. (Sec. 306) Prohibits a person from soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees of political parties and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 per year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises requirements for publication and distribution of any print, broadcast, or general public political advertising. Title IV: Personal Wealth Option - Amends FECA to direct the Commission to issue a certification that a Senate or House of Representatives candidate is an eligible primary or general election congressional candidate if the candidate files with it a declaration that the candidate and the candidate's authorized committees (relevant parties) will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded, to: (1) revoke the certification; and (2) require the relevant parties to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible congressional candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to require any labor organization receiving payments from a employee pursuant to an agreement requiring non-member employees to make such payments in lieu of organization dues or fees to establish a specified objection procedure, or be liable for an unfair labor practice (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al.). (Sec. 501) Requires a labor organization, with respect to a non-member employee who files an objection under such a procedure, to reduce the employee's payments in lieu of organization dues or fees by an amount which reasonably reflects the ratio that the organization's expenditures supporting political activities unrelated to collective bargaining bear to such organization's total expenditures. Requires a reasonable explanation to the employee of such ratio and reduction. (Sec. 502) Amends FECA to revise provisions on permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. Specifies prohibited kinds of conversion of such funds to personal use. (Sec. 503) Revises Federal postal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during the 180-day period before a general election for the office held by the Member of Congress or during the 90-day period before any primary election for that office, unless the Member has made a public announcement that the Member will not be a candidate for reelection during that year or for election to any other Federal office. (Sec. 504) Amends the Federal criminal code to revise the prohibition against fund raising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, from soliciting a donation of money or other thing of value in connection with a Federal, State, or local election from any person while in any room or building occupied in the discharge of official duties by a Federal officer or employee. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act (PECFA), and the Presidential Primary Matching Payment Account Act (such Acts). Permits conciliation agreements to correct or prevent such violations to include equitable remedies or penalties, disgorgement of funds to the Treasury, or community service requirements (including requirements to participate in public education programs). Sets forth requirements for late filing of FECA reports, including requiring establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals, prohibiting use of "willful blindness" as a defense against a charge of violating the foreign contributions ban under FECA, by prohibiting as a defense to a violation of such ban that the defendant did not know that the contribution originated from a foreign national if the defendant should have known that the contribution originated from a foreign national, except that the trier of fact may not find that the defendant should have known that the contribution originated from a foreign national solely because of the contributor's name. (Sec. 507) Prohibits minors (age 17 or younger) from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of such Acts. (Sec. 509) Revises the basis for mandatory Commission initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts. Replaces "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. (Sec. 510) Sets forth disclaimers to affirm equal participation of eligible voters in campaigns and elections for Federal office. (Sec. 511) Establishes criminal penalties for violation of the prohibition against contributions by foreign nationals. (Sec. 512) Provides for expedited court review of certain alleged FECA violations. (Sec. 513) Amends the Internal Revenue Code (IRC) to prohibit and set penalties for conspiracy to violate presidential and vice presidential campaign spending limits under PECFA or FECA. (Sec. 514) Amends FECA to set forth guidelines for political committees to return certain illegal contributions and donations to their sources via the Commission which is required to establish a single interest-bearing escrow account for such purpose, with any contributions or donations deposited in such account allowed to cover any applicable fines or penalties imposed against the contributor or donor. (Sec. 515) Establishes within the Commission a clearinghouse of specified public information on political activities of foreign principals and their agents. Authorizes appropriations. (Sec. 516) Amends IRC to prohibit presidential and vice presidential candidates from receiving amounts from the Presidential Election Campaign Fund (PECF) unless the candidate certifies that the candidate will not solicit any funds (soft money) for the purposes of influencing such election, including any funds used for an independent expenditure under FECA, unless the funds are subject to FECA requirements. Title VI: Independent Commission on Campaign Finance Reform - Establishes the Independent Commission on Campaign Finance Reform to study and report to the President, the Speaker of the House, and congressional leadership on the laws relating to the financing of political activity, and recommend any legislation to reform them. (Sec. 606) Provides for expedited congressional consideration of any legislation implementing a recommendation of the Independent Commission, including a joint resolution proposing an amendment to the Constitution. (Sec. 608) Authorizes appropriations. Title VII: Prohibiting Use of White House Meals and Accommodations for Political Fundraising - Amends the Federal criminal code to prohibit and set penalties for the use of White House meals and accommodations for political fund raising. Title VIII: Sense of the Congress Regarding Fundraising on Federal Government Property - Expresses the sense of the Congress that Federal law clearly demonstrates that "controlling legal authority" under the Federal criminal code prohibits the use of Federal property to raise campaign funds. Title IX: Prohibiting Solicitation to Obtain Access to Certain Federal Government Property - Amends the Federal criminal code to impose criminal penalties upon anyone who solicits or receives anything of value in consideration of providing a person with access to Air Force One, Marine One, Air Force Two, Marine Two, the White House, or Vice President's residence. Title X: Reimbursement for Use of Air Force One For Political Fundraising - Amends FECA to require any political committee of a national political party for whom the President, Vice President, or any executive department head uses Air Force One for transportation for any travel which includes a fund raising event for committee benefit to reimburse the Federal Government for the fair market value of the transportation of the individual involved, based on the cost of an equivalent commercial chartered flight. Title XI: Prohibiting Use of Walking Around Money - Amends FECA to make it unlawful for any political committee to provide currency to any individual (directly or through an agent of the committee) for purposes of encouraging the individual to appear at the polling place for the election. Title XII: Enhancing Enforcement of Campaign Law - Amends FECA to: (1) mandate between one and ten years imprisonment for any person who knowingly and willfully violates any FECA provisions involving making, receiving, or reporting any contribution or expenditure aggregating $2,000 or more per calendar year; and (2) authorize the Attorney General to bring criminal actions for a FECA or PECFA violation. Title XIII: Ban on Coordinated Soft Money Activities By Presidential Candidates - Amends IRC to prohibit coordination of soft money for issue advocacy by presidential and vice presidential candidates receiving public financing from PECF, unless such funds are subject to FECA requirements. Title XIV: Posting Names of Certain Air Force One Passengers on Internet - Directs the President to make available through the Internet the names of non-governmental passengers on Air Force One and Two, with certain exceptions for national security reasons. Title XV: Expulsion Proceedings for House Members Receiving Foreign Contributions - Mandates that Members of the House of Representatives convicted of violating foreign national contribution prohibitions under FECA have such conduct reported to the House by the Committee on Standards of Official Conduct, along with any recommendation for expulsion. Title XVI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning severability, review of constitutional issues, effective date, and regulations.
United States · United States Congress · 19 January 1999
Medicare Insulin Pump Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to cover insulin infusion pumps as items of durable medical equipment.
![Official portrait of Rep. Blagojevich, Rod R. [D-IL-5]](https://www.congress.gov/img/member/b000518_200.jpg)