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United States · Official source
1,234 records where Rep. Boyd, Allen [D-FL-2] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 26 May 1999
NAFTA Impact Relief Act - Amends the Internal Revenue Code to, among other things: (1) provide for the designation of NAFTA-impacted communities; (2) establish an employment credit for such communities; and (3) provide for job training grants to such communities.
United States · United States Congress · 25 May 1999
Father Theodore M. Hesburgh Congressional Gold Medal Act - Authorizes the President to present, on behalf of Congress, a congressional gold medal to Father Theodore M. Hesburgh in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.
United States · United States Congress · 25 May 1999
Amends the Internal Revenue Code to reduce from 84 to 36 months the amortization period for reforestation expenditures and to increase from $10,000 to $25,000 the maximum amount of such expenditures which may be amortized annually.
United States · United States Congress · 20 May 1999
Iran Nonproliferation Act of 1999 - Directs the President to report periodically to specified congressional committees on foreign persons who, on or after January 22, 1998, have transferred to Iran: (1) controlled goods, services, or technology; or (2) non-controlled goods, services, or technology that would nevertheless would be, if they were U.S. goods, services, or technology, prohibited for export to Iran because of their potential contribution to the development of nuclear, biological, or chemical weapons, or ballistic missile systems. Excludes from identification in such reports any such persons who were previously identified, or who have acted on behalf of, or in concert with, the U.S. Government. Authorizes the President, with specified exceptions, to apply to such foreign person certain measures: (1) set forth in Executive Order 12938 prohibitions; (2) prohibiting the sale to such persons of defense items on the United States Munitions List and defense articles and defense services, or design and construction services under the Arms Export Control Act; and (3) prohibiting the export to such persons of controlled goods and technology under the Export Administration Act of 1979. Prohibits any U.S. agency from making extraordinary payments to the Russian Space Agency in connection with the International Space Station, or any other organization or entity of the Government of the Russian Federation, unless the President has determined, and reported to specified congressional committees, that: (1) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (2) such government is taking the necessary steps to prevent the transfer from Russia to Iran of goods, services, and technology useful in the development of such weapons and systems; and (3) neither the Russian Space Agency, nor any organization under its control, has, during the one-year period prior to the determination, made transfers to Iran of controlled goods, services, or technology or non-controlled goods, services, or technology that has potential to contribute to Iran's development of nuclear, biological, or chemical weapons, or of ballistic missile systems.
United States · United States Congress · 20 May 1999
MSPA Clarification Act of 1999 - Amends the Migrant and Seasonal Agricultural Worker Protection Act to enlarge the scope of the family business exemption. (Sec. 3) Excludes from the definition of "farm labor contracting activity" a migrant or seasonal agricultural worker in a carpool arrangement. (Sec. 4) Prohibits an investigatory entry into a place of agricultural employment without prior and subsequent conferences with the person being investigated. (Sec. 5) States that an agricultural employer, association, or farm labor contractor that corrects a violation for which there is no prior adjudication of guilt shall not be subject to a civil money penalty or a private right of action. (Sec. 6) Exempts: (1) Federal or State approved farm worker housing from regulation under such Act; and (2) owners or operators of migrant agricultural housing from liability for housing conditions caused by or the responsibility of such workers. (Sec. 7) Sets forth joint employment criteria. (Sec. 8) Exempts an agricultural employer or association from confirming the registration of a farm labor contractor who supplies only worker transportation services unless the employer or association had actual knowledge that the transportation was not a worker carpooling arrangement. (Sec. 9) Excludes from the definitions of "migrant agricultural worker" and "seasonal agricultural worker" an individual employed on a year-round basis by a specific employer or association. (Sec. 10) Subjects motor vehicle safety insurance provisions to State, rather than specified Federal, requirements. (Sec. 11) Establishes a two-year statute of limitations for violations under such Act.
United States · United States Congress · 19 May 1999
Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make grants to States for elementary and secondary education development by local educational agencies (LEAs) that are eligible because they serve: (1) a school-age population of whom 20 percent or more are from families with incomes below the poverty line; and (2) a school district in a rural locality, or a school-age population of 800 or fewer. Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. Requires SEAs to award grants on a competitive or formula basis. Requires that at least 90 percent of such funds be awarded to eligible LEAs. Allows specified portions of the remainder to be used for: (1) assistance to schools that meet certain eligibility criteria, even though they are in noneligible LEAs; and (2) State activities and administrative costs related to the grant program. Authorizes appropriations.
United States · United States Congress · 13 May 1999
Nazi Benefits Termination Act of 1999 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter. Allows the Attorney General to delegate the conduct of the hearing to an immigration judge. Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. Authorizes the Attorney General to review any finding or conclusion made, or order issued, and to complete the review within a specified period, or the finding, conclusion, or order shall be final. Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit.
United States · United States Congress · 13 May 1999
21st Century Retirement Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) add a new part B (Individual Security Accounts); and (2) redesignate the current OASDI program under such title as a new part A (Insurance Benefits). Requires the Commissioner of Social Security (Commissioner) to establish an individual security account (ISA) for each individual who is either employed or self-employed and who was born after December 31, 1944 (eligible individual). Identifies the eligible individual's ISA via the individual's social security number. Requires each eligible individual (or, if need be, the Commissioner) to designate the investment type of ISA to which the Commissioner shall credit the contributions transferred by the Secretary of the Treasury from the Federal Old-Age and Survivors Insurance Trust Fund (Trust Fund) that result from the reduced Federal Insurance Contributions Act (FICA) tax rates (as provided for in this Act), as well as other specified contributions involving certain tax overpayments treated as contributions and certain rollovers (as provided in this Act). Requires investment of an ISA in a manner similar to that under the Thrift Savings Plan for Federal employees. Prescribes rules for the distribution of an eligible individual's ISA's funds, as well as rules for the off-budget treatment of ISAs. (Sec. 2) Establishes in the Treasury an Individual Security Fund composed of all established ISAs, and managed by an Individual Security Fund Board. Directs the Board to study and report to the President and Congress on ways to increase an eligible individual's ISA's investment options, especially with respect to ISA rollovers or distributions. Amends the Internal Revenue Code (IRC) to reduce FICA tax rates on the income of every eligible individual, as well as to impose an ISA contribution on such income, computed according to a specified formula, for crediting to the eligible individual's ISA. Maintains the current FICA tax rates for every individual who is not an eligible individual covered under new SSA title II part B. Entitles each eligible individual to a specified limited ISA tax credit for the taxable year involved, treated as a tax overpayment, to be transferred by the Secretary for crediting by the Commissioner, as a contribution equal to the tax overpayment, to such eligible individual's ISA for its sole use. Outlines further similar IRC contribution measures involving contributions based on the earned income tax credit, as well as measures involving the tax treatment of eligible individual ISAs, generally exempting them from income taxation; but including any ISA distribution in gross income for annuity-related purposes, while excluding rollovers. (Sec. 3) Amends SSA title II new part A to establish a new minimum monthly social security benefit, as adjusted according to the new reduced Consumer Price Index (CPI) increase percentage established by this Act, for certain low-income part A beneficiaries who initially become eligible for OASDI benefits, or who die before becoming eligible for such benefits, after December 31, 2005, and who have at least 80 quarters of coverage. Eliminates the limitation on the amount of outside income (earnings test) which part A beneficiaries who have attained the appropriate retirement age as established by this Act may earn without incurring a reduction in benefits. (Sec. 5) Amends the Social Security Amendments of 1983, as amended by the Omnibus Budget Reconciliation Act of 1993, to provide for a phased-in reduction to zero, beginning after 2009, of the subtrahend in the formula for certain transfers to the Federal Hospital Insurance Trust Fund under part A (Hospital Insurance) of the Medicare program (SSA title XVIII). (Sec. 6) Amends SSA title II to provide for the following with regard to the computation of the primary insurance amount: (1) a new formula for determining an individual's average indexed monthly earnings; and (2) a change in the formula for computing the number of an individual's benefit computation years in the case of an individual who is entitled to old-age insurance benefits (with certain current law exceptions still applicable) or in the case of an individual who has died. Provides for a graduated increase in the early and delayed retirement credits under old-age, wife's, husband's, widow's, or widower's insurance benefits provisions. (Sec. 8) Directs the Commissioner of the Bureau of Labor Statistics (BLS) to publish annually in the Federal Register an estimate of: (1) the number of percentage points by which the annual rate of change in the CPI (achieved substitution bias) is reduced below the rate it would otherwise have attained because of adjustments in the CPI's determination instituted by BLS after December 31, 1998; and (2) the upper level substitution bias retained in the CPI. Makes appropriations to BLS for: (1) research, evaluation, and implementation of a superlative index to estimate such upper level substitution bias in the CPI; (2) expansion of the Consumer Expenditure Survey and the Point of Purchase Survey; and (3) implementation of revisions to the CPI with respect to SSA title II programs. Directs BLS to establish an administrative advisory committee to advise it periodically on CPI revisions, and to conduct research and experimentation with alternative data collection and estimating approaches. Amends SSA title II to revise requirements for determining the cost-of-living increases in primary insurance amounts, redefining CPI increase percentage to provide for an outlined limitation on such increases based on the CPI. Ties such revision for determining the CPI increase percentage to the relevant indexes used for determining similar annual increases for other specified Federal benefits (including civil service retirement benefits, armed forces retired and retainer pay, and workers' compensation benefits) generally, incorporating BLS's achieved substitution bias correction for instance, and applies a reduced CPI for use under IRC. Directs the Secretary to transfer, from the Treasury's general fund to the Trust Fund, for each calendar year after 1999, a specified graduated applicable percentage for the year involved of the total wages paid in, and self-employment income credited to, such year. (Sec. 9) Prescribes an adjustment to the upper two benefit formula factors. (Sec. 10) Amends SSA title II to phase-in an increase in social security normal and early retirement ages, requiring specified incremental increases in both retirement ages after 2011. (Sec. 11) Directs the Commissioner to: (1) submit to Congress a study plan on the effects of increased life expectancy on the expected level of retirement income from social security, pensions, and other sources; and (2) provide to Congress an evaluation of such study plan, along with any appropriate recommendations, on whether increased life expectancy requires modification of the disability insurance program under SSA title II and other income support programs. (Sec. 12) Amends SSA title VII (Administration) to outline a new mechanism for ensuring solvency in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (social security trust funds) through Trust Funds Board of Trustees (Board) oversight of the balance ratio of either social security trust fund. Requires the Board to report recommendations to Congress and the President on any statutory adjustments necessary to maintain a balance ratio of either trust fund at not less than 20 percent if the Board determines that the balance ratio of either fund for any calendar year during the succeeding 75 years will be zero, with due regard to the economic conditions that created such inadequacy in the balance ratio, and the amount of time necessary to alleviate it in a prudent manner. Requires such report also to specify the extent to which benefits would have to be reduced, taxes would have to be increased, or a combination thereof, to obtain the desired objectives. Requires the Board also to recommend statutory adjustments to the disability insurance program under SSA title II to modify the changes in disability benefits under the Strengthening Social Security Act of 1998 without reducing the balance ratio of the Federal Disability Insurance Trust Fund. Prescribes procedures for presidential review, disapproval, and approval of reported Board recommendations as well as procedures for congressional consideration of presidential recommendations based on recommendations of the Board.
United States · United States Congress · 6 May 1999
Commends President Glafcos Clerides of Cyprus for his decision to cancel the deployment of the S-300 antiaircraft missiles in Cyprus. Urges the President of the United States to use the influence of the U.S. Government to persuade Turkey to comply with United Nations Security Council Resolutions 1217 and 1218 and to cooperate for a solution to the Cyprus problem.
United States · United States Congress · 5 May 1999
Small Investors Tax Simplification Act of 1999 - Amends the Internal Revenue Code to provide that a partner's distributive share of all items of income, gain, loss, deduction, or credit of a qualified investment club shall be determined under the simplified method. Defines such method, in general, as a method pursuant to which a partnership allocates each of the items of income, gain, loss, deduction, and credit for its taxable year to its partners based on their proportionate interests on the last day of such taxable year in partnership profits.
United States · United States Congress · 4 May 1999
Designates the U.S. Postal Service facility located at 200 East Pinckney Street in Madison, Florida, as the Captain Colin P. Kelly, Jr. Post Office.
United States · United States Congress · 29 April 1999
Made in USA Label Defense Act of 1999 - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a product of the Northern Mariana Islands. Prohibits such products from being imported into the United States free of duty or quotas.
United States · United States Congress · 28 April 1999
TABLE OF CONTENTS: Title I: Northeast Interstate Dairy Compact Title II: Southern Dairy Compact Dairy Consumers and Producers Protection Act - Title I: Northeast Interstate Dairy Compact - Amends the Agricultural Market Transition Act to include Maryland, New Jersey, and New York within the Northeast Interstate Dairy Compact. Includes Ohio among the additional States that may join such Compact, and eliminates Virginia from such group. Eliminates and revises specified provisions regarding Compact implementation, duration, restricting authority, and Commodity Credit Corporation compensation. Title II: Southern Dairy Compact - States that Congress consents to the Southern Dairy Compact entered into by Alabama, Arkansas, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia. Includes Florida, Georgia, Missouri, Oklahoma, Kansas, and Texas as additional States that may join such Compact. Limits price regulatory authority to Class I fluid milk unless otherwise consented to by Congress. Provides for Commodity Credit Corporation compensation. Sets forth the Southern Dairy Compact.
United States · United States Congress · 28 April 1999
Regulatory Fairness and Openness Act of 1999 - Requires the Administrator of the Environmental Protection Agency to conduct a transition analysis report with respect to pesticide tolerances before releasing any product safety information to the public, or making final tolerance decisions. Includes within such report's requirements a description of the extent to which specified assumptions have been used to support findings or regulatory recommendations. (Sec. 5) Sets forth interim review or reassessment procedures. (Sec. 6) Requires the Administrator to issue within one year of enactment of this Act final implementing rules for tolerances and exemptions for pesticide chemical residues. (Sec. 7) Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator to issue guidelines specifying required data in support of tolerances and exemptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for related notice and opportunity for hearing. (Sec. 8) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for an expedited replacement product registration process. Amends the Federal Food, Drug, and Cosmetic Act to authorize an expedited tolerance for an emergency exemption if no significant (food) consumer risk exists. (Sec. 9) Requires the Administrator and the Secretary of Agriculture to report with respect to related pesticide, residue, and food use priorities and resources. (Sec. 10) Requires the Secretary to develop a program to monitor the competitive international market strength of major U.S. agricultural commodity sectors. (Sec. 11) Establishes the Pesticide Advisory Committee.
United States · United States Congress · 28 April 1999
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits). Makes this Act effective with respect to taxable years ending after 1995.
United States · United States Congress · 28 April 1999
Expresses the sense of Congress that: (1) the court-martial charges against then-Captain Charles McVay, U.S. Navy, arising from the sinking of the USS INDIANAPOLIS on July 30, 1945, while under his command were not morally sustainable; (2) Captain McVay's conviction was a miscarriage of justice; (3) the American people should now recognize Captain McVay's lack of culpability for the loss of such ship and the lives of the men who died as the result of her sinking; and (4) the President should award a Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude in the face of tremendous hardship and adversity after their ship was torpedoed and sunk.
United States · United States Congress · 22 April 1999
Public Forests Emergency Act of 1999 - Directs the Secretaries of Agriculture and the Interior to request authority to remove dead, downed, or severely root-sprung trees in a similar manner to arrangements approved for national forests and grasslands in Texas in 1998 for specified public and forest lands in: (1) Alaska; (2) Idaho; (3) Oregon; (4) South Dakota; (5) California; (6) Pennsylvania; (7) Mississippi; (8) Virginia; (9) Arkansas; (10) Louisiana; (11) North Carolina; (12) Kentucky; (13) Alabama (14) Tennessee; and (15) Florida.
United States · United States Congress · 21 April 1999
TABLE OF CONTENTS: Title I: Safeguard Amendments Title II: Amendments to Title VII of the Tariff Act of 1930 Title III: Steel Import Notification Fair Trade Law Enhancement Act of 1999 - Title I: Safeguard Amendments - Amends the Trade Act of 1974 to repeal the requirement that the cause of serious injury (or threat of it) be substantial to the domestic industry producing an article like or directly competitive with an article that is being imported into the United States in such increased quantities with respect to the President taking action to facilitate efforts by such industry to make a positive adjustment to the import competition. (Sec. 101) Declares that imports shall be considered to be a "cause of serious injury, or threat thereof," when a causal link is established between imports and injury to the domestic industry. Revises certain factors the International Trade Commission (ITC) must consider when investigating whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat of it) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. (Sec. 102) Requires the ITC, for purposes of an investigation, to focus on the merchant market when determining the domestic industry's market share in producing an article like or directly competitive with the imported article in cases in which domestic producers transfer internally (including related parties) significant production of the like or directly competitive article for the production of a downstream article and sell significant production of such article in the merchant market (captive production). (Sec. 103) Directs the ITC to find that a rebuttable presumption that a domestic industry is threatened with serious injury, or a rebuttable presumption of critical circumstances, exists due to such imports if it finds there has been a rapid decline in domestic prices for the like or directly competitive article and a rapid increase in the imported articles. Requires the ITC in any case in which such presumptions do not apply, or in which they apply but are rebutted, to conduct a threat of serious injury or of critical circumstances analysis as if no such presumption applied. Title II: Amendments to Title VII of the Tariff Act of 1930 - Amends the Tariff Act of 1930 to make similar changes with respect to its countervailing duty and antidumping duty provisions. (Sec. 207) Prohibits the administering authority (Secretary of Commerce), for purposes of suspending an antidumping duty or countervailing duty investigation, from accepting an agreement with another country to eliminate or offset a countervailable subsidy placed by such country on an export to the United States or an agreement to cease such exports to, or eliminate their injurious effect on, the United States unless, among other things, such agreement is supported by domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product. (Sec. 209) Revises the method for calculating the constructed export price of subject merchandise by reducing such price, among other things, by an amount equal to the dumping margin or the net countervailable subsidy unless the producer or exporter is able to demonstrate that the importer of such merchandise was in no way reimbursed for any antidumping duties paid on such merchandise. (Sec. 211) Requires the ITC, for purposes of an antidumping duty or countervailing duty investigation, to treat the producers of an agricultural product that has a short shelf life (perishable product) in a defined period or season as the domestic industry. Sets forth certain factors that the ITC can, cannot, or shall consider when making material injury determinations with respect to such products for the seasonal period. (Sec. 212) Requires the ITC, when making a determination of whether a countervailable subsidy exists in a country where transactions do not reflect market conditions due to government action associated with provision of the subject good or service or purchase of such goods, to make such determination through comparison with the most comparable market price elsewhere in the world. Title III: Steel Import Notification - Directs the Secretary to establish and implement a steel import notification and monitoring program. Requires: (1) a person to have a steel import notification certificate before he or she can import certain steel products into the United States; and (2) the Secretary to issue such certificate to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel.
United States · United States Congress · 21 April 1999
Plant Protection Act - Title I: Plant Protection - Prohibits a person from importing, exporting, or moving in interstate commerce an unauthorized plant pest. Authorizes the Secretary of Agriculture to permit such introduction or movement. Prohibits the unauthorized mailing, and knowing delivery by a mail carrier, of plant pests. (Sec. 102) Authorizes the Secretary to restrict the importation, movement, and means of conveyance of plants, plant products, biological control organisms, plant pests, and noxious weeds in order to prevent their U.S. introduction and interstate movement. Authorizes: (1) the Secretary to publish lists of noxious weeds and biological control agents; and (2) private petitions to add or remove listings. (Sec. 103) Directs the Secretary of the Treasury to notify the Secretary of such articles' arrival, and hold them at the port of entry until inspected and authorized for U.S. movement by the Secretary. Prohibits a person from moving unauthorized and uninspected articles from a port of entry or interstate. (Sec. 104) Authorizes: (1) the Secretary to take specified remedial and emergency measures either directly or by the owner, including treatment or disposal, to avoid dissemination of a plant pest or noxious weed; and (2) owner compensation for unauthorized disposals. (Sec. 107) Directs the Secretary to carry out a grasshopper and Mormon Cricket control program, including: (1) cost sharing for State and private land; and (2) personnel training. (Sec. 108) Authorizes the Secretary to make phytosanitary export certificates based upon foreign requirements. Title II: Inspection and Enforcement - Sets forth provisions with respect to: (1) inspections, warrants, and seizures, (2) information collection; (3) subpoena authority; (4) criminal and civil penalties; and (5) enforcement authority of the Attorney General. Title III: Miscellaneous Provisions - Authorizes the Secretary to enter into reimbursable fee agreements for preclearance outside the United States. (Sec. 305) States that this Act shall not apply to U.S. postal employees in the course of their duties. (Sec. 308) Repeals specified Acts. Title IV: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
United States · United States Congress · 14 April 1999
Directs the Secretary of Agriculture to implement the Class I milk price structure known as Option A as part of the final rule to consolidate Federal milk marketing orders.
United States · United States Congress · 14 April 1999
Expresses the sense of Congress that the Internal Revenue Code should be reformed by April 15, 2002, in a manner that protects the Social Security and Medicare Trust Funds, that is revenue neutral, and that results in a fair and less complicated tax code.
United States · United States Congress · 13 April 1999
Reinstatement of the Medicare Rehabilitation Benefit Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2001, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
United States · United States Congress · 25 March 1999
Fairness in Asbestos Compensation Act of 1999 - Title I: Asbestos Resolution Corporation - Establishes the Asbestos Resolution Corporation which shall: (1) have exclusive authority to adopt rules for cost recovery, physician qualifications, alternative dispute resolution, exceptional medical cases, and disease eligibility; and (2) appoint a Medical Advisory Board. Title II: Medical Eligibility Determinations - Sets forth claimant medical eligibility determination criteria for: (1) nonmalignant conditions; (2) mesothelioma; (3) lung cancer; and (4) other cancer. (Sec. 205) Sets forth procedures for Corporation determination of a claimant's certificate of medical eligibility. (Sec. 206) Directs the Corporation to establish one or more exceptional medical claims panels. Sets forth application and acceptance provisions. (Sec. 207) Provides for: (1) confidentiality; and (2) U.S. district court review, following exhaustion of administrative remedies, of Corporation determinations that a claimant fails to meet medical criteria or that a claim does not qualify as an exceptional medical claim. Title III: Alternative Dispute Resolution - Directs the Board to establish procedural rules for an alternative dispute resolution process. Sets forth provisions regarding: (1) motions officers; (2) respondent notification; (3) additional respondents; (4) grace period; (5) mediation and arbitration; and (6) subpoena powers. Title IV: Civil Actions - Prohibits: (1) a civil asbestos action unless the plaintiff has obtained a certificate of medical eligibility and release from mediation; and (2) a class action or other collective action without the consent of each defendant. (Sec. 404) Requires a penalty for a final offer made by a respondent in mediation if such offer is below a certain amount assigned by the jury or fact-finder. Title V: Rules Applicable to Arbitrations and Civil Actions - Sets forth arbitration and civil action rules with respect to: (1) relief; (2) timeliness defenses; (3) attorney's fees; and (4) nonpreclusion of nonmalignant claims upon subsequent malignancy claims. Title VI: Funding - Directs the Corporation to estimate its annual medical review and administrative and overhead costs and allocate proportionate cost shares among the previous year's respondents. Provides monetary penalties for noncooperation with the Corporation. (Sec. 602) Provides for mediation and arbitration costs to be charged on a per capita basis to participating respondents. (Sec. 603) Directs the Corporation to establish procedures for informal resolution of cost assessment disputes. Provides for U.S. district court review of cost assessment disputes. Title VII: Applicability; Pending Civil Actions - Makes this Act applicable to any civil asbestos action that has not resulted in a final, nonappealable judgment, with specified conditions applicable to pending civil actions. Title VIII: Miscellaneous Provisions - Defines specified terms. (Sec. 804) Makes this Act inapplicable to: (1) existing asbestos trusts, with an elective trust exception; and (2) any settlement agreement or related agreement concerning asbestos claims entered into by claimants, defendants, or their counsel.
United States · United States Congress · 25 March 1999
Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from listing liquefied petroleum gas under provisions regarding the accidental release of regulated substances (substances known to cause or which may reasonably be anticipated to cause death, injury, or serious adverse effects to human health or the environment) into the ambient air from a stationary source.
United States · United States Congress · 25 March 1999
IRA Charitable Rollover Incentive Act of 1999 - Amends the Internal Revenue Code to exempt from inclusion as income individual retirement account distributions used for qualified charitable purposes. Sets forth related rules for charitable remainder trusts, pooled income funds, and charitable gift annuities.
United States · United States Congress · 23 March 1999
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan. Declares that such benefit reductions shall be equal to the lesser of: (1) the amount by which the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $1,200, adjusted for inflation; or (2) an amount equal to two-thirds of the amount of any such monthly pension plan payment.
United States · United States Congress · 18 March 1999
Sets forth the rule (modified open) for the consideration of H.R. 417 (campaign financing).
United States · United States Congress · 18 March 1999
Declares that Congress supports the strongest possible commitment to space exploration and development as a national priority, and that the nation must give the highest commitment to: (1) policies that ensure economic opportunities in the market that space offers; (2) U.S. global leadership and competitive advantage in the development of commercial space products and services; (3) space defense systems that allow the armed forces the greatest advantage in guarding national security and defending American people and interests; (4) assurance that the National Aeronautics and Space Administration can guarantee American leadership in space exploration and the development of advanced technologies; and (5) policies that promote private investment in space products and services.
United States · United States Congress · 18 March 1999
Expresses the sense of Congress that : (1) treatment by means of manual manipulation of the spine to correct a subluxation is a unique chiropractic service which Congress recognizes as a Medicare (title XVIII of the Social Security Act (SSA)) part B (Supplementary Medical Insurance) benefit; (2) it is the unequivocal intent of Congress to ensure that every Medicare+Choice beneficiary under SSA title XVIII part C has access to all services covered under the original Medicare part B fee-for-service program; and (3) as a covered Medicare part B service, such treatment provided by a doctor of chiropractic is a guaranteed service for Medicare+Choice beneficiaries.
United States · United States Congress · 17 March 1999
Firefighter Investment and Response Enhancement (FIRE) Act - Authorizes the Director of the Federal Emergency Management Agency (FEMA) to make grants on a competitive basis to a variety of fire departments for any of a number of specified purposes, including: (1) hiring additional firefighting personnel; (2) training them; (3) funding creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies; (4) certifying fire inspectors; (5) establishing wellness and fitness programs for firefighting personnel; (6) funding emergency medical services; (7) acquiring additional firefighting vehicles and equipment, including personal protective equipment required by the Occupational Safety and Health Administration; (8) modifying fire stations, fire training facilities, and other facilities; (9) enforcing fire codes; (10) funding fire prevention programs; and (11) educating the public about arson prevention and detection. Requires the FEMA Director to establish an office to set specific criteria for the selection of grant recipients and administer the grants. Authorizes appropriations.
United States · United States Congress · 17 March 1999
Produce Consumers' Right-to-Know Act - Requires retailers to provide consumers with country of origin labeling of perishable agricultural commodities. Exempts food service establishments from such requirement. Authorizes fines for violations of such provision.
United States · United States Congress · 16 March 1999
Ratepayer Protection Act - Declares that after this Act's enactment date, no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy or capacity pursuant to the provisions of the Public Utility Regulatory Policies Act of 1978 governing cogeneration and small power production. Directs the Federal Energy Regulatory Commission to promulgate and enforce regulations to assure that no utility shall be required to absorb the costs associated with electric energy or capacity purchases from a qualifying facility executed prior to this Act's enactment date, and governed by such provisions (thus assuring such utilities recovery of all costs associated with such purchases). Provides that such regulations shall be treated as a rule enforceable under the Federal Power Act.
United States · United States Congress · 16 March 1999
Immunosuppressive Drug Coverage Extension Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to eliminate the time limitation on Medicare benefits for immunosuppressive drugs.
United States · United States Congress · 11 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 11 March 1999
Public Safety Employer-Employee Cooperation Act of 1999 - Provides collective bargaining rights for public safety officers employed by States or local governments. Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 11 March 1999
Alternative Water Sources Act of 1999 - Authorizes the Administrator of the Environmental Protection Agency to make grants for alternative water source projects to State, interstate, and intrastate water resource development agencies, local government agencies, private utilities, and nonprofit entities that have authority under State law to develop or provide water for municipal, industrial, or agricultural uses in areas experiencing critical water supply needs. Permits grants only if the purpose of the project is to meet critical water supply needs. Requires, for projects for which the Federal share of costs exceeds $3 million, approval by a resolution of the House Committee on Transportation and Infrastructure or the Senate Committee on Environment and Public Works. Makes projects located within the boundaries of a State or area referred to in the Reclamation Act of June 17, 1902, and within the geographic scope of the reclamation and reuse program under the Reclamation Projects Authorization and Adjustment Act of 1992 ineligible for grants under this Act. Requires the Administrator to report to Congress on progress made toward meeting the critical water supply needs of grant recipients. Authorizes appropriations.
United States · United States Congress · 11 March 1999
Regulatory Right-to-Know Act of 1999 - Directs the President, acting through the Director of the Office of Management and Budget, to submit annually to the Congress an accounting statement and associated report containing: (1) an estimate of the total annual costs and benefits of Federal regulatory programs in the aggregate; by agency, agency program, and program component; and by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among such programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. Requires the Director, in estimates contained in any submission, to quantify the net benefits or net costs of each program component, each major rule, and each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule. Requires the Director to include in each submission a table stating the number of major and nonmajor rules issued by each agency in the preceding fiscal year. Requires the accounting statement, at a minimum, to: (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and the four following fiscal years; (2) cover previously expected costs and benefits for the two preceding fiscal years, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to that were included in the regulatory impact analysis that was prepared for such major rule. Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits and the format of information provided for accounting statements; and (2) review agency submissions for consistency with such guidelines. Requires the Director: (1) before submitting the statement and report and before preparing final guidelines, to provide public notice and an opportunity to comment and to consult with the Director of the Congressional Budget Office; and (2) to include an appendix to the report or guidelines addressing public and peer review comments. Directs the Director to arrange for two or more organizations that are independent of the Government and that have nationally recognized expertise in regulatory analysis and regulatory accounting to provide peer review of each accounting statement and associated report and the guidelines before such statement, report, or guidelines are final.
United States · United States Congress · 11 March 1999
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to: (1) remove from payments to Medicare+Choice organizations those amounts attributable to disproportionate share hospital (DSH) payments; and (2) direct the Secretary of Health and Human Services to make direct payments to a DSH for any individual who is enrolled under a risk-sharing contract with an eligible organization and entitled to benefits under Medicare part A (Hospital Insurance) or who is enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice).
United States · United States Congress · 11 March 1999
Reforestation Tax Act of 1999 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Decreases the amortization period for reforestation expenditures.
United States · United States Congress · 9 March 1999
Farm Independence Act of 1999 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude net earnings from a lease agreement (currently, an arrangement) from income with respect to farmland.
United States · United States Congress · 4 March 1999
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. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program. Requires any person who intends to import steel products into the United States to first obtain an import notification certificate. Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone. Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act.
United States · United States Congress · 4 March 1999
Public Safety Act - Provides that the recipient of a grant under the violent offender incarceration and truth-in-sentencing incentive grant program may not contract with a private contractor or vendor to provide services related to the operation of a correctional facility or the incarceration of inmates. Amends the Federal criminal code to require the Bureau of Prisons to provide that: (1) any penal or correctional facility or institution (except for community correctional confinement such as halfway houses) confining any person convicted of offenses against the United States shall be under the direction of the Director of the Bureau and shall be managed and maintained by U.S. employees; and (2) the housing, safeguarding, care, subsistence, protection, instructing, and disciplining of any person charged with or convicted of any offense against the United States (with that exception) shall be conducted and carried out by U.S. employees.
United States · United States Congress · 4 March 1999
Transportation Tax Equity and Fairness Act - Amends the Internal Revenue Code to repeal the special fuel excise tax on railroads and inland waterway transportation. Subjects diesel fuel used in trains to the additional tax for the Leaking Underground Storage Tank Trust Fund.
United States · United States Congress · 4 March 1999
Public Services Aviation Act of 1999 - Amends Federal aviation safety law to consider a government-owned aircraft to be a public aircraft if it is: (1) operated in the performance of a governmental function by a unit of government on behalf of another unit of government pursuant to a cost reimbursement agreement; or (2) transporting (for non-commercial purposes) crewmembers whose presence is associated with the administration or support (or, as currently, performance) of a governmental function such as, but not limited to, public safety, among other functions specified by current law.
United States · United States Congress · 3 March 1999
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming business to deduct a limited amount from gross income for amounts paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Prescribes penalties on amounts not distributed within five years.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 25 February 1999
Congratulates and commends the Veterans of Foreign Wars of the United States (VFW) on their 100th anniversary.
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
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 · 24 February 1999
Constitutional Amendment - Declares that Congress shall have power to prohibit the physical desecration of the U.S. flag.