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United States · Official source
804 records where Rep. Metcalf, Jack [R-WA-2] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 4 March 1999
Investment in Women's Health Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to increase to $14.60 the payment for diagnostic or screening pap smear laboratory tests.
United States · United States Congress · 4 March 1999
Public Services Aviation Act of 1999 - Amends Federal aviation safety law to consider a government-owned aircraft to be a public aircraft if it is: (1) operated in the performance of a governmental function by a unit of government on behalf of another unit of government pursuant to a cost reimbursement agreement; or (2) transporting (for non-commercial purposes) crewmembers whose presence is associated with the administration or support (or, as currently, performance) of a governmental function such as, but not limited to, public safety, among other functions specified by current law.
United States · United States Congress · 4 March 1999
Self-employed Health Insurance Fairness Act of 1999 - Amends the Internal Revenue Code to allow a deduction for 100 percent of a self-employed individual's health insurance costs for himself or herself, spouse, and dependents, unless such individual participates in an employer-maintained health plan. (Current law provides for a phased-in 100 percent deduction and disallowance upon participation eligibility.)
United States · United States Congress · 3 March 1999
Aviation Safety Protection Act - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of a Federal Aviation Administration (FAA) order, regulation, or standard, or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Specifies civil penalties for violation of this Act.
United States · United States Congress · 3 March 1999
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming business to deduct a limited amount from gross income for amounts paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Prescribes penalties on amounts not distributed within five years.
United States · United States Congress · 2 March 1999
Liberty Dollar Bill Act - Amends Federal law to mandate that the design of the reverse side of $1 Federal reserve notes incorporate: (1) the preamble to the Constitution; (2) a list describing the Articles of the Constitution; and (3) a list describing the Articles of Amendment. Prescribes the design format. States that such requirements do not limit the authority of the Secretary of the Treasury to: (1) include other inscriptions or material on the reverse side of $1 bills; or (2) adopt other design features to deter counterfeiting of currency.
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 · 1 March 1999
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.
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 · 1 March 1999
Education Savings and School Excellence Act of 1999 - Amends the Internal Revenue Code with respect to educational individual retirement accounts (IRAs) to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses; (2) increase the annual contribution limit; (3) waive the beneficiary age limitation for contributions on behalf of special needs beneficiaries; and (4) permit corporate contributions. (Sec. 3) Excludes from a beneficiary's gross income distributions from qualified State tuition programs (or from certain prepaid tuition programs established by educational institutions), except to the extent that they exceed qualified higher education expenses. Expands the definition of such expenses. Denies allowance of any other deduction or credit for any qualified education expenses taken into account in determining exclusion from gross income of education IRA distributions. Defines "excess contributions" with respect to private qualified tuition programs. (Sec. 4) Makes permanent the exclusion from employee gross income of employer-provided educational assistance. (Sec. 5) Increases the amount by which certain governmental bonds used to finance public school capital expenditures may be exempted from specified arbitrage bond provisions. (Sec. 6) Excludes from gross income certain amounts received under the National Health Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance Program.
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
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
Death Tax Elimination Act - Amends the Internal Revenue Code to phase-out the estate and gift tax over a ten-year period.
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
Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Increases the alternative incremental credit rates.
United States · United States Congress · 24 February 1999
Constitutional Amendment - Declares that Congress shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Uniform Prelitigation Procedures for Year 2000 Actions Title II: Year 2000 Actions Involving Contracts Title III: Year 2000 Actions Involving Tort and Other Noncontractual Claims Title IV: Year 2000 Class Actions Title V: Client Protection in Connection with Year 2000 Actions Title VI: Assistance to Small Businesses for Preventing Year 2000 computer Failures Year 2000 Readiness and Responsibility Act - Makes this Act inapplicable to any claim based on personal injury. Title I: Uniform Prelitigation Procedures for Year 2000 Actions - Requires a prospective plaintiff, before filing a year 2000 action, except in an action that seeks only injunctive relief, to provide to each prospective defendant a written notice that identifies with particularity: (1) any symptoms of a material defect alleged to have caused injury; (2) the injury allegedly suffered; (3) the facts that led the prospective plaintiff to hold such person responsible for both the defect and the injury; and (4) the relief or action sought. Bars a prospective plaintiff from commencing an action in Federal or State court until the expiration of 90 days after the date on which such notice is provided. Excludes such 90-day period in the computation of any applicable statute of limitations. Sets forth provisions regarding response to notice, failure to respond, failure to provide notice, the effect of contractual waiting periods, sanctions for frivolous invocation of the stay provision, and time computations. (Sec. 102) Allows either party, at any time during the 90-day period, to request the other to use alternative dispute resolution. (Sec. 103) Requires the complaint, in any year 2000 action: (1) that seeks the award of money damages, to state with particularity the nature and amount of each element of damages and the factual basis for the damages calculation; and (2) in which the plaintiff alleges that a product or service was defective, to identify with particularity the symptoms of the material defects and to state with particularity the facts supporting the conclusion that the defects were material. Sets forth provisions regarding state of mind, motion to dismiss, stay of discovery, and preservation of evidence. (Sec. 104) Prohibits recovery in any year 2000 action on account of injury that the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably could have been, aware. Excludes from damages awarded in any such action any that the plaintiff reasonably could have avoided. Title II: Year 2000 Actions Involving Contracts - Makes fully enforceable in any year 2000 action all written contractual terms, including limitations or exclusions of liability or disclaimers of warranty, with exceptions. (Sec. 202) Allows the party against whom a claim of breach of contract is asserted to offer evidence that its implementation of, or its efforts to implement, the contract were reasonable in light of the circumstances for the purpose of limiting or eliminating the defendant's liability. Sets forth provisions regarding impossibility and commercial impracticability. (Sec. 203) Prohibits the court, in any year 2000 action involving a breach of contract or a claim related to the contract, from awarding any damages unless such damages are provided for by the express terms of the contract (or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into). Title III: Year 2000 Actions involving Tort and Other Noncontractual Claims - Makes a person against whom a final judgment is entered in a year 2000 action, except with respect to claims involving personal injury, liable solely for the portion of the judgment that corresponds to the percentage of liability of the person, as determined under this title. Directs the court to instruct the jury to answer special interrogatories or, if there's no jury, make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (Sec. 302) Sets forth provisions regarding: (1) the defendant's state of mind as to year 2000 failure, injury to plaintiff, and foreseeability; (2) a reasonable efforts defense; (3) limits on damages; and (4) liability of officers and directors. Title IV: Year 2000 Class Actions - Provides that in any year 2000 action involving a claim that a product or service is defective, the action may be maintained as a class-action in Federal or State law as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and if the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (Sec. 402) Sets forth provisions regarding notification, dismissal prior to certification, Federal jurisdiction in year 2000 class actions, and removal of class actions. Title V: Client Protection In Connection with Year 2000 Actions - Makes this title applicable to any year 2000 claim or action asserted or brought in Federal or State court. (Sec. 503) Allows a plaintiff who retains an attorney with respect to a year 2000 claim or action to elect whether to compensate the attorney's services on an hourly or contingent fee basis, with exceptions. (Sec. 504) Sets forth provisions regarding the consumer's right to up-front disclosure of information regarding fees and settlement proposals, information after the initial meeting, the consumer's right to timely updated information about settlement proposals and a detailed statement of hours and fees, class actions, and enforcement of consumer protection rules in year 2000 claims and actions. Title VI: Assistance to Small Businesses for Preventing Year 2000 Computer Failures - Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot program under which it shall guarantee loans made by eligible lenders to small business concerns to allow them to address year 2000 computer failures and to notify eligible lenders of the establishment of such program. Sets forth provisions regarding the use of funds, maximum loan amounts, guarantee limits, and reporting requirements. (Sec. 604) Amends such Act to direct the SBA to notify specified committees not later than 30 days before initiating any new pilot program of any change in the pilot program that may affect the subsidy rate estimates for the loan program. Sets forth reporting requirements. (Sec. 605) Directs the Administrator of the SBA to establish one point of contact to act as a liaison between the SBA and small business concerns regarding problems arising out of year 2000 failures and compliance with Federal requirements regarding the collection of information. Prohibits any Federal agency from imposing a civil penalty on a business concern for a first-time violation, with exceptions. Allows a Federal agency to waive a civil penalty imposed if the violation is corrected within 30 days after the agency provides written notice of the violation. Sets forth standards for waiver and a congressional notification requirement. Prohibits a State from imposing on a small business concern any civil penalty inconsistent with this section.
United States · United States Congress · 23 February 1999
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
Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 23 February 1999
Amends the Fair Labor Standards Act of 1938 to exempt licensed funeral directors and licensed embalmers from the minimum wage and overtime compensation requirements of such Act.
United States · United States Congress · 12 February 1999
Amends the Poultry Products Inspection Act to include within the definition of poultry birds of the order Ratitae (ostriches, emus, rheas) that are raised for commercial distribution as human food.
United States · United States Congress · 12 February 1999
Amends the Internal Revenue Code to make permanent the tax credit for research activities.
United States · United States Congress · 11 February 1999
Amends the Internal Revenue Code to extend, for five years, the credit for producing energy from wind.
United States · United States Congress · 11 February 1999
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council. Revises related fee provisions to: (1) apply such fees to manufactured home manufacturers (currently fees apply to manufacturers, distributors, and dealers); and (2) establish in the Treasury the Manufactured Housing Fees Trust Fund.
United States · United States Congress · 11 February 1999
Constitutional Amendment - Provides that: (1) two-thirds of the legislatures of the several States may propose an amendment to the Constitution by enacting identical legislation; and (2) the legislature first proposing the amendment shall submit it to the Congress. Deems such proposed amendment to be submitted to the several States for their consideration if, before the date of the second adjournment of the Congress sine die occurring after the amendment is submitted to the Congress, two-thirds of each House: (1) vote against legislation expressly disapproving the amendment; or (2) have not voted for legislation expressly disapproving the amendment.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Directs the Secretary of Transportation to prohibit the commercial operation of civil supersonic transport aircraft that do not comply with stage 3 noise levels to or from a U.S. airport if the European Union adopts Common Position (EC) No. 66-98 (relating to certain aircraft noise regulations) as a final regulation.
United States · United States Congress · 10 February 1999
Marriage Tax Elimination Act of 1999 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 10 February 1999
Expresses the sense of Congress that any Executive order issued by the President before, on, or after the date of the approval of this resolution that infringes on the powers and duties of the Congress under article I, section 8 of the Constitution (Powers of Congress), or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, is advisory only and has no force or effect unless enacted as law.
United States · United States Congress · 10 February 1999
Expresses Congress' opposition to any deployment of U.S. ground forces into the Serbian province of Kosovo for peacemaking or peacekeeping purposes.
United States · United States Congress · 9 February 1999
Prohibits funds appropriated or otherwise made available to the Department of Defense from being obligated or expended for the deployment of U.S. armed forces in Kosovo, with an exception when specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 9 February 1999
Recognizes the sacrifice and dedication of members of the armed forces throughout the Nation's history.
United States · United States Congress · 9 February 1999
Expresses the sense of Congress that any Executive order issued by the President before, on, or after the date of the approval of this resolution that infringes on the powers and duties of the Congress under article I, section 8 of the Constitution (Powers of Congress), or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, is advisory only and has no force or effect unless enacted as law.
United States · United States Congress · 8 February 1999
Medical Savings Account Effectiveness Act of 1999 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal the limitation on the number of accounts; (2) make all employers (currently limited to small employers) eligible to offer accounts; (3) increase contribution deduction amounts; (4) permit employer and employee contributions; (5) reduce high deductible health plan deductibles; and (6) permit accounts to be offered under cafeteria plans.
United States · United States Congress · 4 February 1999
Authorizes the President, on behalf of the Congress, to award a gold medal to Rosa Parks, in recognition of her contributions to the Nation.
United States · United States Congress · 4 February 1999
Cash Consumer Protection Act - Amends the Consumer Credit Protection Act to prohibit any person, in the course of a sale or lease business transaction, from: (1) refusing to make the transaction because the lessee or purchaser does not possess a credit card; or (2) demanding an unreasonable deposit in cash. Provides for injunctions and orders to reimburse for money or property acquired in violation of this Act.
United States · United States Congress · 4 February 1999
Science Integrity Act - Requires each Federal agency that issues regulations supported by scientific data: (1) to establish procedures to ensure that the acquisition, interpretation, incorporation, and application of such data is subject to peer review by at least two but not more than five individuals from a list of peer reviewers; (2) to create, using the Federal Register, scientific and commercial journals, the National Academy of Sciences, and other similar resources, a list of individuals who are qualified and willing to perform peer review functions for the agency;(3) to select individuals from the list to peer review each proposed regulation of the agency that is supported by scientific data; and (4) upon receipt of all peer review reports for a proposed regulation, to publish in the Federal Register a notice of availability of those reports, and the scientific data reviewed therein, for public comment. Requires the head of an agency, within 30 days after the completion of the public comment period, to transmit to the Congress: (1) each peer review report; (2) all scientific data used in support of the proposed regulation or requested by a peer reviewer; (3) the response of the head of the agency to points of disagreement among the peer reviewers; and (4) all public comments received. Prohibits the proposed regulation from being issued in final form until 30 days after transmittal. Requires publication of a final peer reviewed regulation to include a summary of such reports, points of disagreement, and responses. Requires regulations issued establishing peer review procedures to include emergency exception provisions.
United States · United States Congress · 4 February 1999
Amends the Legislative Reorganization Act of 1946 to eliminate provisions which provide for automatic pay adjustments for Members of Congress.
United States · United States Congress · 4 February 1999
Honoring American Military Women for Their Service in World War II Resolution - Honors the women who served the United States in military capacities during World War II. Recognizes that these women contributed vitally to the victory of the United States and the Allies in the war.
United States · United States Congress · 4 February 1999
Declares that: (1) the final political status of the territory controlled by the Palestinian Authority can only be determined through negotiations and agreement between Israel and the Palestinian Authority; (2) any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition; and (3) the President should unequivocally assert U.S. opposition to the unilateral declaration of a Palestinian state.
United States · United States Congress · 3 February 1999
Stand Down Authorization Act - Authorizes the Secretary of Veterans Affairs: (1) to carry out Stand Down events (events to provide veterans who are without a home, unemployed, experiencing health or social adjustment challenges, or otherwise in need with one to three days of safety and security and access to food, shelter, clothing, benefits certification, health care, or any other appropriate form of assistance); and (2) in connection with such events, to provide outreach services, use Department of Veterans Affairs personal property, and provide any other appropriate benefit or service. Directs the Secretary to establish and implement a pilot program under which the Secretary shall carry out a single Stand Down event in each State in each calendar year, beginning in 2000. Requires an annual report to the Congress on pilot program implementation and recommendations for legislation.
United States · United States Congress · 3 February 1999
'Know Your Customer' Sunset Act - Ends the effectiveness of, and prohibits the Secretary of the Treasury or any Federal banking agency from prescribing, any regulation that has the effect of requiring a depository institution or any other private entity to: (1) monitor customer accounts; or (2) obtain information concerning any person in connection with a financial transaction (including the source of any funds involved in the transaction).
United States · United States Congress · 3 February 1999
Directs the Secretary of the Navy to provide for the award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 3 February 1999
Hope for Children Act - Amends the Internal Revenue Code to: (1) increase the amount allowable for qualified adoption expenses; (2) permanently extend the credit for adoption expenses; and (3) adjust the limitations on such credit for inflation.
United States · United States Congress · 2 February 1999
Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products.
United States · United States Congress · 2 February 1999
Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
United States · United States Congress · 2 February 1999
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 2 February 1999
Pet Safety and Protection Act of 1999 - Amends the Animal Welfare Act regarding permissible sources of research facility dogs and cats. Establishes monetary penalties for related violations.