United States · United States Congress · 2 March 1999
Broadcast Ownership for the 21st Century Act - Amends the Communications Act of 1934 to mandate that the Federal Communications Commission (FCC) shall not prohibit a person or entity directly from owning, operating, controlling, or having a cognizable interest in: (1) two television (TV) stations with overlapping coverage areas if each station is located in a separate TV market; or (2) two TV stations within the same market, if at least one of such stations is a UHF TV station. Provides for: (1) protection of existing local marketing agreements between two broadcast TV stations within the same market; and (2) FCC authority to permit an entity to own or operate two VHF stations within the same market, under certain circumstances. Directs the FCC to modify current cross-ownership limitations by eliminating: (1) provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party on the basis of the ownership, operation, or control of a daily newspaper; and (2) the one-to-a-market rule. Disallows the FCC to prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcast station and a cable system serving the same community. Directs the FCC to permit a TV broadcast station to affiliate with a person or entity that maintains two or more networks of TV broadcast stations, with a limited exception. Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person. Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity.
United States · United States Congress · 2 March 1999
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to limit the late enrollment penalty to a ten percent increase in the monthly part B premium due over a period equal to twice the number of years that the part B beneficiary could have been but was not enrolled under part B.
United States · United States Congress · 2 March 1999
Osteoporosis Early Detection and Prevention Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market.
United States · United States Congress · 2 March 1999
United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for U.S. voluntary contributions to the United Nations Population Fund. Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services; (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspends operations in project counties found to be in violation of program guidelines.
United States · United States Congress · 2 March 1999
Gift of Life Congressional Medal Act of 1999 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families. Makes any organ donor, or the family of any organ donor, eligible for the medal. Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network (OPTN) to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the OPTN to collect funds to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.
United States · United States Congress · 2 March 1999
Osteoporosis Federal Employee Health Benefits Standardization Act of 1999 - Amends Federal law concerning Government organization and employees to prohibit contracts from being made or plans approved under the health insurance program for Federal employees which do not include coverage of bone mass measurements of qualified individuals.
United States · United States Congress · 2 March 1999
National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum, to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans. Authorizes the Board of Regents of the Smithsonian Institution to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum. Establishes a Board of Trustees of the Museum in the Smithsonian Institution. Directs the Secretary of the Smithsonian Institution to appoint a Director to manage the Museum. Authorizes appropriations.
United States · United States Congress · 2 March 1999
Work for Real Wages Act - Amends the Internal Revenue Code to provide, with respect to an individual, that the term earned income credit shall include a specified portion of benefits received under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act if: (1) as a condition of receiving any TANF payment or amount, the individual is required to perform services for any person or governmental unit; and (2) such individual receives no compensation (other than such payment or amount) for performing such services.
United States · United States Congress · 2 March 1999
Polish-American Promise Act of 1999 - Amends the Support for East European Democracy (SEED) Act of 1989 to direct the President to designate a private, nonprofit organization located in Poland to receive amounts from the Polish-American Enterprise Fund upon its termination to be used by such organization to: (1) establish and carry out a program to support efforts in Poland to consolidate democracy and further enhance the free market economy, including the dissemination of information about Poland's success with respect to democracy and the free market economy to its regional neighbors (including Russia, Ukraine, and Belarus); and (2) be used to improve medical care, improve environmental protection, improve education, and ensure respect for human rights in Poland.
United States · United States Congress · 2 March 1999
Biomedical Revitalization Resolution of 1999 - Expresses the sense of the House of Representatives that funding for the National Institutes of Health should be increased by $2 billion in FY 2000.
United States · United States Congress · 2 March 1999
Declares that the House of Representatives: (1) recognizes the "Code Adam" child safety program; (2) commends all retail business establishments that have implemented such program to protect children from abduction; and (3) urges any establishments that have not implemented such program to consider doing so.
United States · United States Congress · 1 March 1999
Robin Danielson Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention: (1) to establish a program to collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome; and (2) in carrying out such program, to determine the national incidence and prevalence of such syndrome. Authorizes the Secretary to carry out such program directly and through grants to States and local health departments. Authorizes appropriations.
United States · United States Congress · 1 March 1999
Tampon Safety and Research Act of 1999 - Amends the Public Health Service Act to mandate the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or to the children of women who use those products during or before the pregnancies involved. Requires that the research include research to confirm the data on feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of the products. Requires that research results be submitted to the Congress, specified governmental agencies, and the public.
United States · United States Congress · 1 March 1999
Clean Gasoline Act of 1999 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the effects of use of low sulfur motor vehicle gasoline on urban and regional air quality. Provides for an update within two years of submission of the original report. Authorizes the Administrator to promulgate a regulation to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than concentrations specified under this Act if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act.
United States · United States Congress · 1 March 1999
Prohibits the United States from supporting the admission of China into the World Trade Organization (WTO) unless the Congress passes a joint resolution, according to specified procedures, allowing the United States to support such admission. Directs the President to: (1) notify the Congress if China becomes a member of the WTO without the support of the United States; and (2) submit notice of the withdrawal of the United States from the WTO Agreement. Makes a conforming amendment to the Uruguay Round Agreements Act.
United States · United States Congress · 1 March 1999
Senior Citizens' Freedom to Work Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 25 February 1999
Security and Freedom through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or median use. Provides that neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be: (1) built into computer hardware or software for any purpose; (2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or any State to receive it; or (3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. Makes exceptions with respect to investigative or law enforcement officers and members of the intelligence community. Provides that neither the Federal Government nor a State may require the use of encryption products, standards, or services (products) for: (1) confidentiality purposes, as a condition of the use of such products for authenticity or integrity purposes; or (2) authenticity or integrity purposes, as a condition of the use of such products for confidentiality purposes. Sets penalties for the unlawful use of encryption in furtherance of a criminal act. Specifies that the use of encryption shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Provides that after a one time, 50-day technical review by the Secretary, no export license may be required (with exceptions) for or in the export of specified computer hardware, software, computing devices, telecommunication devices, technical assistance and data, and encryption hardware, software, or computing devices. Authorizes the Secretary, after a one time, 15-day technical review, to authorize the export or reexport of computer hardware, software, or computing devices with encryption capabilities for nonmilitary and end uses in any country: (1) to which exports of computer hardware, software, or computing devices of comparable strength are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such computer equipment will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without authorization by the United States; or (2) if the Secretary determines that a computer hardware, software, or computing device offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. Directs that any encryption product not requiring an export license as of this Act's enactment date, as a result of administrative decision or rulemaking, shall not require an export license on or after such date. (Sec. 4) Directs: (1) the Attorney General to compile, and maintain in classified form, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce U.S. criminal laws; and (2) that such information be made available, upon request, to any Member of Congress.
United States · United States Congress · 25 February 1999
Civil Rights Procedures Protection Act of 1999 - Amends specified Federal civil rights statutes (including title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the equal pay requirement under the Fair Labor Standards Act of 1938, and the Family and Medical Leave Act of 1993) to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability.
United States · United States Congress · 25 February 1999
Urban Asthma Reduction Act of 1999 - Amends the Public Health Service Act to authorize States to use preventive health and health services block grant funds to establish, operate, and coordinate effective and cost-efficient systems to reduce the prevalence of asthma and asthma-related illnesses among urban populations, especially children, by reducing the level of exposure to cockroach allergen in public facilities through integrated pest management that minimizes or avoids the use of pesticide chemicals. Specifies among activities eligible for such funds: (1) structural rehabilitation of housing, public schools, and other public facilities to reduce cockroach infestation; (2) building maintenance; and (3) programs to promote community participation in carrying out integrated pest management at such sites.
United States · United States Congress · 25 February 1999
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) restrict the application of the windfall elimination provision to individuals whose combined monthly income from the individual's primary insurance amount under such title and the portion of the monthly periodic payment attributable to noncovered service performed after 1956 exceeds $2,000; and (2) provide for a graduated implementation of such provision by specified percentages with respect to incremental amounts above such threshold, up to 100 percent for combined amounts over $3,000.
United States · United States Congress · 25 February 1999
Amends the Communications Act of 1934 to exempt from competitive bidding requirements licenses issued by the Federal Communications Commission for stations in the instructional television fixed service.
United States · United States Congress · 25 February 1999
Low-Income Medicare Beneficiary Assistance Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a State plan to provide for making medical assistance with respect to Medicare (SSA title XVIII) cost-sharing covered under the State plan available to a low-income individual on the date the low-income individual becomes entitled to benefits under part A (Hospital Insurance) of title XVIII during a presumptive eligibility period.
United States · United States Congress · 25 February 1999
Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins. Exempts certain retirement account distributions (first homes, higher education expenses, unemployment, and medical) from the early distribution penalty.
United States · United States Congress · 25 February 1999
Amends the Internal Revenue Code, with respect to exclusion of gain from the sale of a principal residence, to suspend the five-year ownership and use requirement during the time that a member (or spouse) of the uniformed services or Foreign Service is on qualified official extended duty (as defined by this Act).
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
Declares that it is the sense of the Congress that: (1) a commemorative postage stamp should be issued by the U.S. Postal Service honoring Paul Leroy Robeson; and (2) the Citizens' Stamp Advisory Committee should recommend such a stamp to the Postmaster General.
United States · United States Congress · 24 February 1999
Combined Sewer Overflow Control and Partnership Act of 1999 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 2000 through 2002. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.
United States · United States Congress · 24 February 1999
Bankruptcy Reform Act of 1999 - Title I: Consumer Bankruptcy Provisions - Subtitle A: Needs Based Bankruptcy - Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy), to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits such party in interest from such motions). Lowers the "substantial abuse" standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae. Provides that the presumption of abuse may be rebutted only with detailed documentation of extraordinary circumstances requiring additional expenses or adjustment of currently monthly total income. (Sec. 102) Requires debtor's counsel to: (1) reimburse the bankruptcy trustee for legal fees in prosecuting a dismissal or conversion motion if the court finds that counsel's filing under chapter 7 was not substantially justified; and (2) pay a civil penalty for the violation of certain bankruptcy rules. (Sec. 103) Revises procedural guidelines to mandate written notice to the individual consumer debtor before commencement of a case that credit counseling services approved by the United States Trustee are available. (Sec. 104) Instructs the Director of the Executive Office for U.S. Trustees to: (1) develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's efficacy. Subtitle B: Consumer Bankruptcy Petitions - Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 107) Sets forth a debtor's bill of rights which such agency must observe. (Sec. 108) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. (Sec. 109) Expresses the sense of the Congress that States should develop curricula relating to the subject of personal finance, designed for use in elementary and secondary schools. (Sec. 110) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate additional disclosures for dischargeable debt agreements. (Sec. 111) Cites circumstances under which the court may reduce by up to 20 percent a claim based upon unsecured consumer debts if the debtor can show by clear and convincing evidence that the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed by an approved credit counseling agency acting on the debtor's behalf. (Sec. 112) Directs the Board of Governors of the Federal Reserve System (the Board) to study and report to the Congress on: (1) whether a consumer engaging in either an open-end or closed-end credit transaction secured by the consumer's principal dwelling receives adequate information under Federal law regarding the tax deductibility of interest paid on such transaction; and (2) specifically consider whether additional disclosures are necessary in such transactions where the amount of credit extended exceeds the fair market value of the dwelling. (Sec. 113) Instructs the Board to study and publicize existing protections limiting consumer liability for unauthorized use of a debit card or similar access device. (Sec. 114) Amends the Truth in Lending Act (TILA) to prescribe disclosures regarding initial and annual minimum payments under an open-end credit plan. Instructs the Board to study and report to the Congress on whether consumers have adequate information about borrowing activities which may result in financial problems. (Sec. 115) Amends bankruptcy law to exempt from the property of the bankrupt estate specified postsecondary education accounts placed in a qualified tuition program, or in an education individual retirement account. (Sec. 116) Modifies guidelines governing the discharge of a debtor's liability, as well as the automatic stay, to entitle an individual who is injured by the willful failure of a creditor to credit payments received to bring an action for actual damages and legal fees. (Sec. 118) Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 119) Terminates the automatic stay 30 days after filing of a petition if a chapter 7, 11, or 13 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 120) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case. (Sec. 121) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt, or redemption of the property within 45 days, in order to retain possession of personal property. Allows a creditor to take action with respect to such property under nonbankruptcy law if the debtor fails to act within 45 days, unless the court determines upon trustee motion that such property is consequential value or benefit to the estate. (Sec. 122) Declares that the automatic stay is terminated regarding property of the debtor's estate securing a claim or subject to an unexpired lease, if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame (unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate). (Sec. 123) Instructs the bankruptcy court to confirm a chapter 13 plan if it provides that the holder of a secured allowed claim shall retain the attendant lien until payment or discharge of all debts. Provides that if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder shall retain such lien to the extent recognized by applicable nonbankruptcy law. (Sec. 124) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within five years of filing the petition in bankruptcy. (Sec. 125) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing an allowed claim shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 126) Increases from 180 to 730 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. (Sec. 127) Revises guidelines exempting property from the bankrupt estate to reduce the value of an interest in certain property used as a residence or burial plot to the extent that such value is attributable to any portion of property disposed by the debtor during a specified period with the intent to hinder, delay, or defraud a creditor and that the debtor could not have exempted had the property been held on the petition filing date. (Sec. 128) Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay. (Sec. 129) Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury that caused personal injury or death of an individual. (Sec. 130) Bankruptcy Judgeship Act of 1999 - Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such a district five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina. Directs each chief bankruptcy judge to report annually to the Director of the Administrative Office of the U.S. Courts on the travel expenses of each bankruptcy judge assigned to the applicable district. (Sec. 131) Places in the tenth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired. (Sec. 133) Revises requirements governing a stay of action against a chapter 13 codebtor who did not receive the consideration for a claim to provide a maximum 30-day automatic stay to the extent that the creditor proceeds against: (1) the individual that received the consideration; or (2) the property not in the possession of the debtor that secures that claim. States that such stay shall apply in any case in which the debtor is primarily obligated to pay under a legally binding separation or property settlement agreement or divorce or dissolution decree. (Sec. 134) Denies a debtor an automatic stay of the commencement of an investigation or action by a securities self-regulatory organization to enforce compliance with its regulations, or of the enforcement of any order or decision obtained by such an organization, other than for monetary sanctions. (Sec. 135) Reduces from $1,000 to $250 the threshold amount of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days (currently 60 days) before an order for relief. (Sec. 136) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases of personal property. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 137) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 139) Precludes an automatic stay of any transfer that is not avoidable in: (1) cases where the trustee serves as lien creditor and successor to certain creditors and purchasers; and (2) postpetition transactions. Precludes an automatic stay of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which: (1) the debtor resides and has not paid rent after the commencement and during the course of the case; (2) the rental agreement has terminated; or (3) the debtor has previously filed within the last year and failed to pay post-petition rent during the course of that case. or (4) Precludes an automatic stay of any eviction actions based on endangerment to property or person or the use of illegal drugs. (Sec. 140) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 142) Revises chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order. (Sec. 143) Conditions court confirmation of a chapter 11 or chapter 13 plan (and its consequent discharge of debts) upon certification of debtor's payment of domestic support obligations that are due after the petition filing date. (Sec. 144) Excepts from an automatic stay specified choses-in- action pertaining to domestic support obligations, including: (1) establishment of paternity; (2) suspension of drivers' licenses and professional licenses; (3) interception of tax refunds; and (4) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act. (Sec. 146) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 147) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 149) Declares nondischargeable in bankruptcy: (1) debts intentionally incurred to pay a nondischargeable debt with the intent to discharge the newly-created debt; and (2) all debts incurred to pay nondischargeable debts, without regard to intent, if incurred within 90 days of the filing of the petition. Title II: Discouraging Bankruptcy Abuse - Reenacts chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income). (Sec. 202) Authorizes the bankruptcy court, upon request of a party in interest, to order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case. (Sec. 203) Permits an individual debtor to exempt from the property of the bankrupt estate certain tax-exempt retirement funds that have not been obligated in connection with any extension of credit. Exempts from either an automatic stay or a discharge in bankruptcy specified income withheld from the debtor pursuant to pension or profit sharing plans sponsored by such debtor's employer to pay certain loans from such plans. (Sec. 205) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 207) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 209) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 210) States that acceptance or rejection of a chapter 11 plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 211) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 213) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec 214) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot. (Sec. 215) Modifies guidelines governing cases ancillary to foreign proceedings to prohibit the court from granting relief with respect to any security required or permitted under State insurance law for the benefit of claim holders in the United States. (Sec. 215 (sic)) Revises guidelines governing assumption of executory contracts and unexpired leases by the bankruptcy trustee. Exempts from mandatory cure by such trustee certain defaults arising from nonmonetary obligations under an unexpired lease of real property (excluding executory contracts that transfer a right or an interest under a filed or issued patent, copyright, trademark, trade dress, or trade secret), if it is impossible for the trustee to cure such default by performing nonmonetary acts at or after the time of assumption. Title III: General Business Bankruptcy Provisions - Removes investment bankers from the definition of "disinterested person." (Sec. 302) Denies bankruptcy eligibility to an individual unless the individual has received specified credit counseling within 90 days before petition filing. Authorizes the court to waive such prerequisite in specified circumstances. Grants the U.S. Trustee exclusive right to move for case dismissal for debtor non-compliance. Predicates a chapter 7 or chapter 13 discharge upon debtor's completion of an instructional course concerning personal financial management. Title IV: Small Business Bankruptcy Provisions - Sets forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 402) Defines a small business debtor, generally, as a person (including a debtor affiliate) with not more than $4 million in aggregate non-contingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief (excluding debts owed to one or more affiliates or insiders). (Sec. 403) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 404) Sets forth uniform national reporting requirements for small business debtors. (Sec. 405) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 406) Sets forth duties and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. (Sec. 414) Directs the Small Business Administration to study and report to the Congress on: (1) the factors that cause small businesses to become debtors in bankruptcy; and (2) how Federal bankruptcy laws can be made more efficient in assisting small businesses to retain their viability. (Sec. 415) Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title VI: Streamlining the Bankruptcy System - Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 602) Requires each U.S. trustee to report to the Attorney General on audit results. Requires the Attorney General to establish random audits of individual cases. (Sec. 603) Prescribes notice procedures for chapter 7 and chapter 13 creditors. Expands debtor's duties to require filing with the bankruptcy court: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within five days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. Makes debtor's mandatory documentation available for inspection and copying to certain bankruptcy officers and any party in interest. Requires debtors to furnish driver's license, passport or other photograph-containing documentation establishing debtor identification. (Sec. 604) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 605) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. Mandates filing of a chapter 13 debt readjustment plan within 90 days of the order for relief. (Sec. 606) Revises the current three-to-five-year length of a payment plan to set a maximum five year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of not less than the highest national median household income reported for a family of equal or lesser size (or, in a household of one person, not less than the national median household income for one earner). Reserves the current three-to-five-year payment period to cases involving debtors (or in a joint case, an individual and spouse combined) with a current monthly total income less than the highest national median household income reported for a family of equal or lesser size (or, in a household of one person, less than the national median household income for one earner). Revises the maximum duration for a plan modified after confirmation. (Sec. 607) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 608) Amends the Federal judicial code to revise the requirement that a chapter 11 debtor pay quarterly fees to the U.S. Trustee for disbursements made during a quarter. Requires debtors with disbursements of less than $300,000 to pay such fee only until the case is converted or plan confirmation is obtained, whichever occurs first. (Sec. 609) Directs the Comptroller General to study and report to the Congress and the President on the impact that credit extended to dependents enrolled in post-secondary educational institutions has upon the rate of cases filed in bankruptcy. (Sec. 610) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. (Sec. 611) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law, has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. Title VII: Bankruptcy Data - Amends the Federal judicial code to require the clerk of each district to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 702) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 703) Expresses the sense of the Congress that the national policy should be that: (1) all public record data held in electronic form by bankruptcy clerks should be released in electronic form in bulk to the public subject to appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title VIII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 802) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 804) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 805) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case, and the pendency or effect of offers in compromise or installment agreements. (Sec. 808) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 809) Amends the automatic stay of U.S. Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability without regard to whether such determination was made prepetition or postpetition. (Sec. 810) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make regular cash installment payments, but in no case with a balloon provision, and no more than three months apart, beginning no later than the effective date of the plan and ending on the earlier of five years after the petition date or the last date payments are to be made under the plan to unsecured creditors. (Sec. 811) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 812) Amends the Federal judicial code to require officers and agents conducting any business under court authority to pay all Federal, State and local taxes when due in the course of the business, unless it is a property tax secured by a lien against estate property which is abandoned by the bankruptcy trustee, or payment of the tax is excused under a specific bankruptcy law. Cites circumstances in which payment of such taxes may be deferred in a case pending under chapter 7 until final distribution is made. Entitles to administrative expense priority payment certain secured and postpetition unsecured taxes incurred by the bankruptcy estate, including ad valorem property taxes. Declares that a governmental unit shall not be required to file a request for the payment of administrative expenses relating to a tax liability or tax penalty. Allows a trustee to recover from property securing a claim for the payment of all ad valorem property taxes relating to such property. (Sec. 813) Requires as a condition for payment of tardily filed priority tax claims that they be filed either before the trustee commences distribution or ten days following the mailing to creditors of the summary of the trustee's final report, whichever is earlier (currently, before the trustee commences distribution of the estate). (Sec. 814) Makes nondischargeable any obligations based on income tax returns prepared by tax authorities. (Sec. 815) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 816) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the three-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan, or to convert the case to a chapter 7 case, if a chapter 13 debtor fails to comply with such time frame. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax claims and to plan confirmation. (Sec. 817) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor domiciled in the State in which the debtor resides or has its principal place of business typical of the holders of claims or interests in the case. (Sec. 818) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. Title III: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title X: Financial Contract Provisions - Amends the Federal Deposit Insurance Act (FDIA) to redefine specified contracts, agreements, and transfers entered into with an insolvent insured depository institution before the appointment of a conservator or receiver for it. (Sec. 1002) Declares that no person shall be stayed or prohibited from exercising any right to cause the acceleration of any qualified financial contract with an insured depository institution which arises upon the appointment of the Federal Deposit Insurance Corporation (FDIC) as receiver at any time after such appointment. (Sec. 1002) Declares that no provision of law shall be construed as limiting the right or power of the FDIC, or authorizing any court or agency to limit or delay, in any manner, the FDIC's right or power to transfer, disaffirm, or repudiate any qualified financial contract of a failed institution. Prohibits enforcement of a walkaway clause in a qualified financial contract of a failed insured depository institution (a clause that either does not create a payment obligation of a party, or extinguishes it solely because of such party's status as a nondefaulting party). (Sec. 1003) Revises guidelines governing transfers of qualified financial contracts of an insolvent institution to include: (1) transfers to a foreign bank or foreign financial institution (including its branch or agency) (but only when the contractual rights of the parties to such qualified financial contracts are enforceable substantially to the same extent as permitted under such Act); and (2) transfers of contracts subject to the rules of a clearing organization. Defines financial institution to include a broker or dealer, a depository institution, a futures commission merchant, or any other institution as determined by FDIC regulation. Suspends certain termination rights of counterparties to a qualified financial contract with an insolvent insured depository institution until after the receiver's appointment, or after receipt of notice that the contract has been transferred. Declares that none of the following institutions shall be considered a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding: (1) a bridge bank; or (2) an FDIC-organized depository institution for which a conservator is appointed either immediately upon organization, or at the time of a purchase and assumption transaction between such institution and the FDIC as receiver for a depository institution in default. (Sec. 1004) Prescribes guidelines for: (1) the disaffirmance or repudiation of qualified financial contracts by the conservator or receiver for a failed depository institution; and (2) the treatment of a master agreement as a single agreement and a single qualified financial contract. (Sec. 1006) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to make conforming amendments with respect to: (1) bilateral netting contracts; (2) security agreements; (3) clearing organization netting contracts; (4) contracts with uninsured national banks; and (5) contracts with uninsured Federal branches or agencies. (Sec. 1007) Amends the Federal Bankruptcy Code to reflect the changes made by this Act and to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers to those transfers that are fraudulent in nature. Sets forth statutory guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions. (Sec. 1008) Amends the FDIA to authorize the FDIC to prescribe more detailed recordkeeping requirements for qualified financial contracts (including market valuations) by insured depository institutions. (Sec. 1009) Exempts specified collateralization agreements from the contemporaneous execution requirement that renders invalid certain agreements against FDIC interests in certain asset acquisitions. (Sec. 1010) Amends Federal bankruptcy law to specify the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of designated contracts and agreements relating to executory contracts and unexpired leases; or (2) the liquidation, acceleration, or termination of such contracts and agreements. (Sec. 1011) Amends the Securities Investor Protection Act of 1970 to provide that neither the filing of a protective decree by the Securities Investor Protection Corporation, nor any court protective order, shall operate as a stay of a creditor's contractual rights to liquidate, terminate, or accelerate designated contracts and agreements. Allows such application, order, or decree, however, to operate as a stay of foreclosure on securities collateral pledged by the debtor, whether or not with respect to one or more of such contracts, agreements, or securities sold by the debtor under a repurchase agreement. (Sec. 1012) Declares that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee). (Sec. 1013) Amends the Federal Reserve Act to increase the types of acceptances eligible to meet Federal Reserve collateral requirements. Title XI: Technical Corrections - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. (Sec. 1101) Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 1102) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly. (Sec. 1106) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 1111) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1113) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 1114) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 1119) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 1125) Requires the U.S. trustee in a chapter 11 (Reorganization) case to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees. (Sec. 1127) Permits the bankruptcy trustee to sell, use, or lease property in accordance with nonbankruptcy law governing the transfer of property by nonprofit charitable corporations, if doing so is not inconsistent with certain relief granted under the automatic stay. (Sec. 1128) Amends the Truth in Lending Act to prohibit a creditor under an open end consumer credit plan from terminating an account before its expiration date solely because the consumer has not incurred finance charges. (Sec. 1129) Extends from 20 to 30 days the length of time after a debtor receives possession of property for perfection of a security interest in such property created by a transfer which the trustee may not avoid. (Sec. 1130) Amends the Federal judicial code to allow a U.S. trustee whose appointment to a panel or as a standing trustee is terminated or who ceases to be assigned to cases filed under the Federal bankruptcy code to obtain judicial review of the final agency decision by commencing an action in U.S. district court for the district in which the panel member or standing trustee resides, after exhausting all available administrative remedies which, if the trustee so elects, shall also include an administrative hearing on the record. Deems the trustee to have exhausted such remedies, unless the trustee elects to have an administrative hearing on the record, if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies. Requires the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency. Authorizes a standing trustee to obtain judicial review of final agency action to deny a claim of actual, necessary expenses by commencing an action in U.S. district court in the district where the individual resides. Requires the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency. Directs the Attorney General to prescribe procedures to implement such provisions. Title XII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments.
United States · United States Congress · 24 February 1999
TABLE OF CONTENTS: Title I: Designation of and Tax Incentives for Renewal Communities Title II: Additional Provisions American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to five qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 104) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. (Sec. 105) Sets forth reporting requirements. (Sec. 106) Directs the Director of the Office of Management and Budget not to make any estimates of changes in receipts under the pay-as-you-go estimate provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 resulting from the enactment of this Act. Title II: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (202) Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 203) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 24 February 1999
Beneficiary Health Coverage Notification Rights Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a health insurance issuer to notify all participants and beneficiaries of an intention to terminate coverage or allow a policy to lapse because a group health plan failed to pay premiums necessary to maintain coverage. Amends such Acts and the Internal Revenue Code to deem any participant or beneficiary notified of a group health plan termination or lapse only after the fact to have been covered during the deeming period between the effective date of the termination or lapse and the date of notification. Limits the application of the deeming period to certain purposes, including reduction of pre-existing condition exclusion periods and avoidance of a significant break in coverage. Declares that nothing in this Act shall be construed as entitling any individual to any plan or coverage benefits during such deeming period.
United States · United States Congress · 24 February 1999
Mental Health Juvenile Justice Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to State and local juvenile justice agencies in collaboration with State and local mental health agencies for training the officers and employees of the State juvenile justice system regarding appropriate access to mental health and substance abuse treatment programs and services in the State for juveniles who come into contact with the State juvenile justice system who have mental health or substance abuse problems. Authorizes a State or local juvenile justice agency that receives such a grant to use it for providing: (1) cross-training, jointly with the public mental health system, for State juvenile court judges, public defenders, and mental health and substance abuse agency representatives regarding the appropriate use of effective, community-based alternatives to juvenile justice or mental health system institutional placements; or (2) training for State juvenile probation officers and community mental health and substance abuse program representatives on appropriate linkages between probation programs and mental health community programs. Authorizes appropriations. (Sec. 3) Amends the Act to direct the Attorney General and the Secretary of Health and Human Services to make grants to partnerships between State and local or county juvenile justice agencies and State and local mental health authorities for the establishment and implementation of programs that address the service needs of juveniles who come into contact with the justice system and who have mental health or substance abuse problems. Sets forth requirements regarding appropriate diversion from incarceration, screening and assessment, treatment of such juveniles, correctional facility policies and procedures (and staff training and annual certification) on suicide prevention, classification of juveniles, confidentiality of records, State recordkeeping and mandatory State reporting to the Department of Justice regarding mental health and substance abuse disorders, staff ratios for correctional facilities, guidelines on the use of force, and requirements under the Individuals with Disabilities Education Act and Rehabilitation Act of 1973. Directs the Secretary of Health and Human Services to: (1) make grants to systems established under the Developmental Disabilities Assistance and Bill of Rights Act to monitor the mental health and special education services provided by grantees to juveniles and to advocate on behalf of juveniles; and (2) reserve no less than three percent of appropriated funds for such purposes. Authorizes appropriations. Allocates 35 percent for diversion programs and 65 percent for treatment programs. Directs the Attorney General and the Secretary to give preference in treatment to partnerships that integrate treatment programs to serve juveniles with co-occurring mental health and substance abuse disorders. Authorizes waivers of treatment requirements. Sets forth grant application requirements. (Sec. 4) Amends the Public Health Service Act to direct the Attorney General and the Secretary to award competitive grants to eligible entities for programs that address the service needs of juveniles, and juveniles with serious mental illnesses, by requiring the State or local juvenile justice system, the mental health system, and the substance abuse treatment system to work collaboratively to ensure: (1) the appropriate diversion of such juveniles and juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration and for those juveniles on probation or parole; and (3) the provision of followup services for juveniles who are discharged from the juvenile justice system. Sets forth requirements regarding eligibility of entities, use of funds, and areas served by projects. Makes specified funds available. (Sec. 5) Directs the Secretary to award grants and contracts for the establishment of four research, training, and technical assistance centers. Authorizes appropriations. (Sec. 6) Establishes a Federal Coordinating Council on Criminalization of Juveniles With Mental Disorders. (Sec. 7) Amends: (1) the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for funds under the violent offender incarceration and truth-in-sentencing grants program, to have (by January 1, 2001) a program of mental health screening and treatment for appropriate categories of juvenile and other offenders during periods of incarceration and juvenile and criminal justice supervision, that is consistent with guidelines issued by the Attorney General; and (2) make Federal criminal code provisions regarding appropriate remedies with respect to prison conditions applicable to a civil action that seeks to remedy conditions which pose a threat to the health of individuals who are under age 16 or mentally ill.
United States · United States Congress · 24 February 1999
Improved Maternal and Children's Health Coverage Act of 1999 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act (SSA) to mandate: (1) development and use of a uniform, simplified application form for establishing eligibility for Medicaid and CHIP benefits; (2) coordinated enrollment processes; and (3) timely response to inquiries received through a national toll-free telephone number for information on children's coverage under such programs. Requires the Secretary of Health and Human Services to establish such number. (Sec. 2) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and CHIP with regard to children and pregnant women. Directs the Secretary to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available under this Act. Sets forth a special rule for certain enrollment and outreach activities providing for use of three percent of CHIP funds at 90 percent Federal match for such activities. Amends SSA title XIX to provide for additional entities (including elementary and secondary schools, child support enforcement agencies, and child care resource and referral agencies) that are qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 3) Amends SSA title XXI to require, to the extent a State child health plan provides coverage other than through providing benefits under the State's Medicaid plan, a State child health plan to: (1) specify methods to ensure coordination of pediatric care within a family; (2) make the State and its contractors, and not beneficiaries and families, responsible for applying limitations on cost-sharing; (3) impose, at its option, a flat limit (of up to $500) on out-of-pocket expenditures for certain low-income children (as an alternative to the current five percent of family income); and (4) provide a grace period and prior notice before disenrollment for nonpayment of premiums, if the State child health plan requires the payment of a premium and such premium is not paid on a timely notice, as well as an opportunity for a hearing on the matter. Prohibits State child health plan eligibility standards from permitting the use of mandatory waiting periods, unless the Secretary finds that such a period would not be contrary to title XXI. (Sec. 4) Amends SSA title XIX to provide for, among other changes: (1) automatic reassessment of eligibility for CHIP and Medicaid benefits for children losing Medicaid or CHIP eligibility; (2) optional CHIP coverage of low-income, uninsured pregnant women; (3) State option to cover qualified alien children under the Medicaid and CHIP programs; (4) elimination of the funding offset for exercise of the presumptive eligibility option; (5) automatic enrollment of children born to targeted low-income pregnant women receiving pregnancy-related assistance under such programs; and (6) CHIP and Medicaid program coordination with the Maternal and Child Health Services program under SSA title V.
United States · United States Congress · 24 February 1999
Veterans Tobacco-Related Illness Benefits Restoration Act of 1999 - Repeals a Federal provision which prohibits a veteran's disability or death from being considered to have resulted from a personal injury suffered or a disease contracted in the line of duty on the basis that it resulted from the use of tobacco products during the veteran's military, naval, or air service. Provides that such repeal shall apply to any claim for compensation received by the Secretary of Veterans Affairs before or after enactment of this Act. Prohibits the Director of the Office of Management and Budget from making any estimate of changes in direct spending outlays under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) for any fiscal year resulting from the enactment of this Act.
United States · United States Congress · 24 February 1999
National Weather Service Flexible Work Scheduling Act - Provides an overtime hourly rate of pay of one and one-half times the hourly rate of basic pay and provides that all such pay is premium pay for an employee of the National Weather Service who occupies a nonmanagerial position in GS-14 or under: (1) the duties of which are essential to the immediate daily operation of the forecast and warning responsibilities of the Service and directly affect public and aviation safety; (2) in which overtime work is usually unscheduled due to the vicissitudes of severe weather; and (3) in which overtime work is therefore unusually taxing. Exempts such an employee from the limitation on aggregate pay, including premium pay, for a pay period. Provides for a National Weather Service employee, who works during a regularly scheduled eight-hour period of service a part of which is performed on Sunday, to be paid at his or her basic pay rate, plus premium pay at a rate equal to 25 percent of his or her basic pay rate with respect to that portion of such period of service which is performed on Sunday. Directs the Office of Personnel Management to provide for the rounding of any fraction of an hour of service performed on Sunday to the next highest whole number, with offsetting rounding in non-Sunday service so that the total service for the period involved remains the same.
United States · United States Congress · 24 February 1999
Care Givers Tax Reduction Act of 1999 - Amends the Internal Revenue Code to: (1) make the existing dependent care tax credit a refundable credit; (2) increase allowable dependent care expenses; and (3) revise the credit phasedown formula.
United States · United States Congress · 24 February 1999
Amends the Internal Revenue Code to classify qualified leasehold improvement property (defined as certain improvements made to an interior portion of nonresidential real property) as ten-year property for depreciation purposes under the Accelerated Cost Recovery System.
United States · United States Congress · 23 February 1999
Federal Protective Service Reform Act of 1999 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. (Sec. 3) Extends the powers of sheriffs and constables granted to such police officers upon Federal property under the GSA Administrator's control to any area within 500 feet from such property and makes such powers concurrent with State and local law enforcement authorities in the area in which the property is located. Empowers such police officers to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property of offenses on such property; and (5) coordinate with other law enforcement agencies that have intelligence gathering authority for the protection of such persons and property. Authorizes police officers to exercise any power granted in such an area if: (1) the officer reasonably believes that the action is necessary to prevent or stop a felony in progress; (2) the felony is being committed in the presence of the officer; and (3) there is a known, immediate threat. (Sec. 4) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 5) Empowers special agents with the same authority outside Federal property as police officers have. (Sec. 6) Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the principal U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. (Sec. 7) Requires FPS police officers' and criminal investigators' pay and benefits to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to U.S. Secret Service Uniformed Division members. (Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision. (Sec. 9) Directs the Commissioner to prescribe standards for the contracting of security personnel for Federal property. Provides for such standards to ensure that contract personnel receive adequate training and are subject to the same background check requirements as FPS police officers.
United States · United States Congress · 23 February 1999
Authorizes the payment of dependency and indemnity compensation to the surviving spouse of a veteran who died while totally disabled from a service-connected disability, who was a former prisoner of war who died after September 30, 1999, and who had been diagnosed as having one of the diseases specified as being service-connected (and therefore compensable) under veterans' disability compensation or benefits provisions.
United States · United States Congress · 23 February 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have developed and implemented content standards and interim assessments and made substantial progress toward developing and implementing performance standards and final aligned assessments, and toward having local educational agencies (LEAs) in the State produce profiles; (2) hold LEAs accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Requires State applications to describe specific educational objectives and the process for measuring LEA progress in meeting specific goals. Requires States to submit performance data and the Secretary to review such performance. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under the Elementary and Secondary Education Act of 1965 (ESEA): (1) title I Helping Disadvantaged Children Meet High Standards; (2) part B State and Local Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements, including the selection of schools to participate in ESEA title I part A programs for disadvantaged children. Allows an SEA to grant waivers to allow schools to participate in such programs if the percentage of children from low-income families in the attendance area of such school or who actually attend such school is within five percentage points of the lowest percentage of such children for any school in the LEA that meets specified ESEA requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the objectives and desired results described in its application.
United States · United States Congress · 23 February 1999
Reserve Employer Tax Credit Act of 1999 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; and (2) a comparable credit for participating self-employed individuals.
United States · United States Congress · 23 February 1999
Amends the Job Training Partnership Act and the Workforce Investment Act of 1998 to require that at least 90 percent of summer youth employment program participants in each service delivery area be students who have a school attendance rate of 90 percent or higher.
United States · United States Congress · 23 February 1999
Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 23 February 1999
Human Rights, Opportunity, Partnership, and Empowerment for Africa Act (or the Hope for Africa Act) - Declares the policy of Congress toward sub-Saharan African countries. Title I: Cancellation of Debt Owed By Sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to direct the President to cancel all concessional and nonconcessional loans made, guarantees issued, or credits extended by the United States to sub-Saharan African countries. Directs the President to report annually to the appropriate congressional committees concerning the cancellation of debt. (Sec. 102) Authorizes appropriations. (Sec. 103) Directs the Secretary of State to notify foreign governments that have provided loans, guarantees, or credits to the government of a sub-Saharan African country that it is U.S. policy to forgive all such debts and that such foreign governments should do the same. (Sec. 104) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the United States Executive Directors at the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank) to use the U.S. vote to advocate that such financial institutions: (1) unconditionally cancel all debts owed by a sub-Saharan African country to such institution; (2) encourage each country benefitting from such debt cancellation to allocate 20 percent of the country's national budget (including savings from such debt cancellation) to basic services, as the country has committed to do under the United Nations 20- 20 Initiative; and (3) after canceling such debt, require that any future loans not be used to finance in whole or part the implementation of any agreement which requires the country to pay more than five percent of its annual export earnings toward the servicing of foreign loans. Requires the Secretary of the Treasury to report to specified congressional committees with respect to the response by foreign governments to the policies advocated by this section. (Sec. 105) Directs the Secretary of the Treasury to: (1) report to Congress on the amount of debt owed to any U.S. person by any country in sub-Saharan Africa; and (2) acquire and cancel each debt obligation owed to each U.S. person. (Sec. 106) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 to include as an additional duty of the International Financial Institution Advisory Commission that it advise the Secretary of the Treasury and report to Congress on the viability and desirability of having each indebted sub-Saharan African country repay foreign loans in their currency. (Sec. 107) Directs the Secretary of State to encourage the government of each sub-Saharan African country to allocate 20 percent of its national budget (including the savings from cancellation of debt owed by it to the United States) to other foreign countries, to the IMF and the World Bank, and to U.S. persons for the provision of basic services to individuals in their respective country, as provided for in the United Nations 20-20 Initiative. (Sec. 108) Expresses the sense of Congress that, prior to the cancellation of debt owed by sub-Saharan African countries, each such country should not pay in any calendar year an aggregate amount greater than five percent of the export earnings of the country for the prior calendar year. Title II: Trade Provisions Relating to Sub-Saharan Africa - Directs the United States, pursuant to the Agreement on Textiles and Clothing, to eliminate existing quotas on textile and apparel exports to the United States from Kenya and Mauritius not later than 30 days after each country demonstrates that it: (1) does not engage in significant violations of internationally recognized human rights; (2) provides for the enforcement of certain internationally recognized worker rights; and (3) takes adequate measures to prevent illegal transshipment of goods. Directs the President to continue the no quota policy for each of the other sub-Saharan African countries that are in compliance with such requirements. (Sec. 201) Provides that, when the quota for either Kenya or Mauritius is first eliminated, the quota for textile and apparel products from China for each calendar year shall be reduced by an amount equal to the volume of imports of all textile and apparel products from all sub-Saharan African countries into the United States in the preceding calendar year, plus five percent of that amount. Requires the Secretary of Labor to determine, and report annually to Congress on, whether or not each sub-Saharan African country is providing for effective enforcement of internationally recognized worker rights. Directs the President to report annually to Congress on the growth in textiles and apparel exports to the United States from countries in sub-Saharan Africa in order to inform U.S. consumers, workers, and textile manufacturers about the effects of the no quota policy. Directs the President to provide an additional benefit of 50 percent tariff reduction for any textile and apparel product of a sub-Saharan African country that meets the requirements (relating to human rights, workers rights, and illegal transshipments) and that is imported directly into the United States from such country if the business enterprise, or a subcontractor of the enterprise, producing the product is in compliance with specified conditions. Sets forth specified conditions for the import of textile and apparel goods into the United States, including such goods from a sub-Saharan African country. Sets forth penalties for violations committed under this Act. Directs the U.S. Customs Service to monitor and the Commissioner of Customs to report annually on measures taken by sub-Saharan African countries which export textiles or apparel goods to the United States to prevent unlawful transshipment of such goods and circumvention of this Act or any agreement regulating trade in such goods between such country and the United States. (Sec. 202) Amends the Trade Act of 1974 to authorize the President to provide duty-free treatment for certain import-sensitive articles, or articles set forth in the product list of the Lome Treaty, that are the product of a beneficiary developing sub-Saharan African country and that are in compliance with certain human rights requirements with respect to such articles if the President determines that such articles are not import-sensitive in the context of imports from such countries. Sets forth certain rules of origin for purposes of duty-free treatment of products from beneficiary developing sub-Saharan African countries. Extends duty-free treatment to: (1) products from beneficiary developing sub-Saharan African countries through June 30, 2005; and (2) products of other beneficiary developing countries through June 30, 1999. (Sec. 203) Grants a U.S. citizen a cause of action in the U.S. district court to seek compliance of sub-Saharan African countries with the requirements of this Act. Title III: Development Assistance for sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to revise congressional findings with respect to long-term development assistance for sub-Saharan Africa to declare that the HIV- AIDS epidemic, along with other conditions, have caused countless deaths and untold suffering among the people of sub-Saharan Africa. (Sec. 302) Directs the Agency for International Development (AID) to provide capacity building assistance through participatory planning to private and voluntary organizations that are involved in providing assistance for sub-Saharan Africa. (Sec. 303) Prohibits military assistance to sub-Saharan African countries. (Sec. 304) Revises critical sectoral priorities provisions to give priority to: (1) increasing food security by promoting agriculture policies in sub-Saharan African countries; (2) improving health conditions in such countries by emphasizing, among other things, HIV-AIDS prevention and treatment programs; (3) providing increased access to voluntary family planning services, including access to prenatal healthcare; (4) improving education and vocational education, with particular emphasis on primary education and vocational education for women; and (5) developing income-generating opportunities, including development of manufacturing and processing industries and microcredit projects. (Sec. 305) Increases the minimum amount of long-term development assistance that should be targeted to certain critical sectors with respect to sub-Saharan African countries. (Sec. 306) Directs the Administrator of AID to report semiannually to Congress on: (1) how, and to what extent, AID has consulted with nongovernmental organizations in sub-Saharan Africa regarding the use of long-term development assistance to sub-Saharan African countries; (2) the extent to which such assistance has been successful in capacity building among local nongovernmental organizations and in increasing food security and access to health and education services among the people of sub-Saharan Africa; and (3) how, and to what extent, such assistance has furthered the goals of sustainable economic and agricultural development, gender equity, environmental protection, and respect for workers' rights there. (Sec. 307) Authorizes appropriations for the Development Fund for Africa. Title IV: Sub-Saharan Africa Equity and Infrastructure Funds - Directs the Overseas Private Investment Corporation (OPIC) to initiate one or more equity funds in support of infrastructure projects in sub-Saharan Africa, including basic health services (including AIDS prevention and treatment), hospitals, potable water, sanitation, schools, electrification of rural areas, and publicly-accessible transportation. Title V: Overseas Private Investment Corporation and Export-Import Bank Initiatives - Directs the Board of Directors of OPIC to establish and work with an advisory committee to assist it in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa, including with respect to equity and infrastructure funds established under this Act. Sets forth requirements with respect to the composition and administration of the advisory committee. (Sec. 502) Amends the Export-Import Bank Act of 1945 to revise provisions establishing an advisory committee to require such committee to assist the Board of Directors of the Export-Import Bank of the United States in developing, among other things, financial instruments with respect to sub-Saharan African countries. Sets forth requirements with respect to the composition and administration of the advisory committee. Title VI: Miscellaneous Provisions - Prohibits the use of appropriated funds to any Federal agency to be used to seek the revocation or revisions of any sub-Saharan African intellectual property or competition law or policy that is designed to promote access to pharmaceuticals or other medical technologies. (Sec. 603) Directs the President to: (1) provide notice and opportunity to the public for comments on the success or failure of the implementation of this Act; and (2) report such comments to Congress.
United States · United States Congress · 23 February 1999
Passenger Entitlement and Competition Enhancement Act of 1999 - Title I: Passenger Protections - Amends Federal aviation law to require an air carrier to ensure access to necessary services and conditions, including food, water, restroom facilities, and emergency medical services for all passengers boarded on a flight. Requires: (1) each air carrier to submit to the an emergency plan to the Secretary of Transportation; and (2) the Secretary to suspend the authority of the air carrier if it fails to submit a plan. Requires an air carrier to provide notice of any potential or actual significant delays in the departure or arrival of a flight to each passenger. Makes such carrier liable to each airline passenger for any excessive departure or arrival delay of the aircraft (more than two or three hours). Prohibits an air carrier from limiting its liability for provable direct or consequential damages resulting from the disappearance of, damage to, or delay in delivery of a passenger's personal property (including luggage), in its custody to an amount less than $2,500 per passenger. Requires an air carrier to provide, at a minimum, to a passenger who is denied boarding involuntarily from an oversold flight on which the passenger has a confirmed seat: (1) alternative transportation to the passenger's final destination; and (2) if the scheduled arrival time of the alternative transportation is not within two hours of the passenger's originally scheduled arrival time, a refund or voucher for air transportation equal in value to the amount paid by the passenger for the original flight. (Sec. 102) Sets forth a civil penalty for violations of this Act. (Sec. 103) Directs the Secretary by rule to: (1) issue a statement that outlines consumer rights of air passengers, including passenger rights contained in this Act; and (2) require an air carrier to provide conspicuously the statement to each passenger of the carrier. Title II: Air Carrier Competition - Directs the Secretary to allocate slots (arrival and departure spaces) at each slot-controlled airport for assignment to new entrant air carriers (carriers currently not holding slots) and limited incumbent carriers (carriers holding less than 12 slots at a particular airport). Outlines application procedures for the receipt of such slots at high density airports. Authorizes the Secretary to withdraw an auctionable slot from a major air carrier if it is determined that the slot is being used by the air carrier in an inconsistent manner. (Sec. 201) Directs the Secretary to withdraw from major carriers at each airport a specified percentage of slots for auction to qualified applicants through competitive bidding, as long as the auctioned slot will or is likely to increase competition among carriers. Allows only new entrant and limited incumbent air carriers to participate in such auctions. Requires deposits in an auction trust fund. Directs the Secretary to conduct a public inquiry and submit to Congress a report evaluating the competitive bidding process used. Provides special rules, including rule governing the resale or reversion of purchased slots. (Sec. 202) Sets forth a maximum civil penalty of $10,000 for any air carrier to engage in an unfair method of competition with respect to air transportation on any route, or any other regulation issued by the Department of Transportation. (Sec. 203) Directs the Secretary to submit to Congress, and make available to the public, a quarterly report: (1) containing a ranking of the ten domestic routes with the highest and lowest average costs to the passenger; and (2) ranking the large hub airports by market concentration using the Herfindahl-Hirschmann Index as a measure and identifying the market share of each airline operating at each airport. (Sec. 204) Directs the Secretary to study and report to Congress on the ability of and proposals for new entrant carriers, and carriers with less than fiver percent of the departures at a major hub airport, to obtain permanent gates and other airport facilities on terms substantially equivalent to those provided to incumbent carriers.
United States · United States Congress · 23 February 1999
Resources 2000 Act - Reduces according to a specified formula the amount of qualified Outer Continental Shelf (OCS) revenues that shall be deposited for a limited fiscal year into the Land and Water Conservation Fund, the Historic Preservation Fund, or any other fund or account established by this Act. (Sec. 6) Limits the amount available for administrative expenses to two percent. (Sec. 7) Requires off-budget treatment of the receipts and disbursements of funds under this Act. Title I: Land and Water Conservation Fund Revitalization - Amends the Land and Water Conservation Act of 1965 to extend indefinitely the period for: (1) depositing amounts into the Land and Water Conservation Fund (currently, such period ends September 30, 2015); and (2) under specified conditions, annual authorization of appropriations to the Fund in certain amounts for FY 1977 through 1978 and each succeeding fiscal year. (Sec. 103) Makes $900 million available each fiscal year for obligation or expenditure without further appropriation, to be allocated as follows: (1) 50 percent for Federal purposes; and (2) 50 percent for State grants. (Sec. 105) Removes the "outdoor recreation" limitation on the use of financial assistance to States to carry out planning, land acquisition, and development projects for land and water conservation purposes. (Sec. 106) Revises the formula used to allocate amounts made available for State purposes from the Fund each fiscal year, including distributing one-third of such funds among the several States under a competitive grant program. (Sec. 107) Revises the requirement that a State have a comprehensive statewide outdoor recreation plan as a prerequisite to consideration by the Secretary of the Interior of financial assistance for acquisition or development projects. Allows a State, in order to reduce costly repetitive planning efforts, to use for such a plan a current State comprehensive outdoor recreation plan, a State recreation plan, or a State action agenda under criteria developed by the Secretary. (Sec. 108) Removes the restriction on providing financial assistance to States for incidental costs relating to land and water acquisition. Permits local funding and a limited percentage of the amount of State allocated funds in any one year to be used for sheltered facilities for swimming pools and ice skating rinks in areas where the Secretary determines a need to enhance public safety. (Sec. 109) Requires the Secretary to approve, subject to certain conditions, the conversion of property (other than for public outdoor recreation use) acquired or developed with assistance under the Act only if the State demonstrates that no prudent or feasible alternative exists. Exempts from such requirement conversion of property that is no longer viable as an outdoor conservation or recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination which endangers public health and safety. Title II: Urban Park and Recreation Recovery Program Amendments - Amends the Urban Park and Recreation Recovery Act of 1978 to provide for the development of new recreation areas and facilities (including the acquisition of lands for such development) under the urban park and recreation recovery program. (Sec. 205) Revises requirements for: (1) Federal assistance grant eligibility; (2) matching grants to local governments for rehabilitation, development, and innovation purposes; (3) local park and recreation recovery action programs; (4) State action incentives; and (5) conversion of recreation property for any other purpose other than public recreation purposes. (Sec. 210) Establishes in the Treasury the Urban Park and Recreation Recovery Fund. Specifies the amount to be deposited into the Fund each fiscal year out of qualified OCS revenues, which shall be available, without further appropriation, until expended. Sets forth limitations on annual State grants under this Act and grant and program administration. (Sec. 211) Repeals sunset provisions and congressional reporting requirements with respect to: (1) the impact of the urban park and recreation recovery program; and (2) the annual achievements of the innovation grant program. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to specify the amount to be deposited into the Historic Preservation Fund each fiscal year after FY 1998 out of qualified OCS revenues, which shall remain available, without further appropriation, and until expended, only to carry out the purposes of such Act. (Sec. 301) Requires at least one half of the funds obligated or expended each fiscal year under this Act to be used for preservation projects on historic properties (giving priority to the preservation of endangered historic properties). Title IV: Farmland, Ranchland, Open Space, and Forestland Protection - Establishes in the Treasury the Farmland, Ranchland, Open Space, and Forestland Protection Fund. (Sec. 403) Authorizes the Secretary of Agriculture to use specified amounts from the Fund for the farmland protection and forest legacy programs. Authorizes the Secretary of the Interior to use specified amounts from the Fund for the ranchland protection program. (Sec. 404) Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limitations; and (3) increase the existing funding cap, revising it from a total program cap to a fiscal year cap. (Sec. 405) Directs the Secretary of the Interior to establish a ranchland protection program similar to the farmland protection program. Title V: Federal and Indian Lands Restoration Fund - Establishes the Federal and Indians Lands Restoration Fund which shall be used as a dedicated source of funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety. Deposits $250 million of qualified Outer Continental Shelf revenues received by the United States each fiscal year into the Fund and allocates: (1) 60 percent to the Secretary of the Interior for lands within the National Park System, National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; (2) 30 percent to the Secretary of Agriculture for lands within the National Forest System; and (3) ten percent to the Secretary of the Interior for competitive grants to Indian tribes under this Act. Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) each establish priority lists for the use of funds which give priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety; and (2) jointly establish a coordinated program for tracking the progress of activities carried out and determining the extent to which demonstrable results are being achieved. Title VI: Living Marine Resources Conservation, Restoration, and Management Assistance - Authorizes the Secretary of Commerce to use amounts from the Living Marine Resources Conservation Fund for allocation to a coastal State with a Living Marine Resources Conservation Plan to reimburse the State for the costs of developing, implementing, and revising such a plan. Sets forth plan requirements. Establishes the Living Marine Resources Conservation Fund. Provides for the deposit in such fund of specified amounts received by the United States as qualified Outer Continental Shelf revenues. Authorizes the Secretary to make grants from such fund for the conservation, restoration, or management of living marine resources. Sets forth criteria for grant approval. Defines "living marine resources" as indigenous fin fish, anadromous fish, mollusks, crustaceans, and all other forms of marine animal and plant life, including marine mammals and birds, that inhabit marine or brackish waters of the United States during all or part of their life cycle. Title VII: Funding for State Native Fish and Wildlife Conservation and Restoration - Amends the Fish and Wildlife Conservation Act of 1980 to revise the purposes and applicability of such Act so as to: (1) provide for promoting conservation of native (currently, nongame) fish and wildlife; and (2) preserving biological diversity by maintaining natural assemblages of native fish and wildlife. Replaces the definition of "fish and wildlife" and "nongame fish and wildlife" with a definition of "native fish and wildlife" as a fish, animal, or plant species that: (1) historically occurred or occurs in an ecosystem, other than as a result of an introduction, and lives in an unconfined state; and (2) does not include any population of a domesticated species that has reverted to a feral existence. (Sec. 703) Requires State conservation plans to promote balanced and diverse assemblages of native fish and wildlife. (Sec. 704) Repeals the provision specifying that conservation actions set forth in a conservation plan approved by the Secretary of the Interior shall be eligible for reimbursement as fish and wildlife projects. (Sec. 705) Makes amendments relating to the reimbursement of State costs for the development, revision, and implementation of conservation plans to: (1) extend eligibility for reimbursement of costs incurred by States for developing conservation plans through FY 2010, and for implementing conservation plans through FY 2005; (2) repeal specified reimbursement requirements; (3) prohibit paying reimbursement to any State for any cost incurred in implementing an approved conservation plan or action to the extent that more than 50 (currently ten) percent of such costs in any such year are accounted for by inkind contributions; and (4) prohibit the amount of reimbursement paid to any State for any fiscal year after FY 2010 from exceeding 75 percent of the cost of implementing and revising the plan during the fiscal year. (Sec. 706) Establishes the Native Fish and Wildlife Conservation and Restoration Fund into which the following amounts received as qualified Outer Continental Shelf revenues shall be deposited: (1) $100 million for each of FY 2000 and 2001; (2) $200 million for each of FY 2002 through 2004; and (3) $350 million for FY 2005 and each proceeding fiscal year. Makes up to the amount stated for a fiscal year available to the Secretary of the Interior for that fiscal year to reimburse States for conservation plans and actions. Title VIII: Endangered and Threatened Species Recovery - Authorizes the Secretary of the Interior or the Secretary of Commerce to use amounts in the Endangered and Threatened Species Recovery Fund to provide financial assistance to persons for development and implementation of Endangered and Threatened Species Recovery Agreements. Requires either Secretary to give priority to the development and implementation of Agreements that: (1) implement actions identified under recovery plans approved by the Secretary; (2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and (3) require use of the assistance on land owned by a small landowner or on a family farm by the owner or operator. Prohibits the Secretary from providing financial assistance for any action that is required by a permit issued under the Endangered Species Act of 1973 or that is otherwise required under Federal law. (Sec. 803) Authorizes the Secretary to enter into such Agreements and sets forth Agreement requirements, including: (1) requiring activities not otherwise mandated by law that contribute to species recovery; and (2) specifying species recovery goals. Requires the Secretary to review Agreements for compliance with such requirements, propose necessary revisions, approve Agreements in compliance, periodically monitor the implementation of each Agreement, and disburse financial assistance to implement the Agreement. (Sec. 804) Establishes the Endangered and Threatened Species Recovery Fund in the Treasury and requires $100 million to be deposited into the Fund each fiscal year from amounts received as qualified Outer Continental Shelf revenues.
![Official portrait of Rep. Frost, Martin [D-TX-24]](https://www.congress.gov/img/member/f000392_200.jpg)