United States · United States Congress · 18 March 1999
OSHA Reform Act of 1999 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to repeal provisions for: (1) inspections, investigations, and recordkeeping; (2) citations; (3) enforcement procedures; (4) judicial review; and (5) civil and criminal penalties. (Sec. 3) Requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and the likelihood of such impairment, in determining the priority for establishing standards dealing with such materials or agents. (Sec. 4) Declares that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Establishes a small business assistance and training program, including: (1) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (2) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such assistance and training program. Directs the Secretary of Labor periodically to make an award to companies and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement.
United States · United States Congress · 18 March 1999
Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.
United States · United States Congress · 18 March 1999
Second Amendment Protection Act of 1999 - Repeals the Brady Handgun Violence Prevention Act and the Public Safety and Recreational Firearms Use Protection Act and restores and revives any provisions they amended as if the repealed Acts had not been enacted. Amends Internal Revenue Code provisions relating to machine guns, destructive devices, and certain other firearms and the Omnibus Crime Control and Safe Streets Act of 1968 to revise the definition of "destructive device" and make other changes.
United States · United States Congress · 18 March 1999
Second Amendment Rights Protection Act of 1999 - Amends the Brady Handgun Violence Prevention Act to prohibit the use of appropriated funds for: (1) any system to implement the Act that does not require and result in the immediate destruction of all information submitted by or on behalf of any person who has been determined not to be prohibited from owning a firearm; and (2) the implementation or collection of any tax or fee by any Federal officer, agent, or employee, or by any State or local officer or agent acting on behalf of the United States, in connection with such implementation. Authorizes any person aggrieved by a violation of this Act to bring an action in Federal district court and, if successful, to receive damages, punitive damages, and such other remedies as the court may determine to be appropriate, including a reasonable attorney's fee.
United States · United States Congress · 17 March 1999
Country-of-Origin Meat Labeling Act of 1999 - Amends the Federal Meat Inspection Act to require a packer or processor of domestic or imported livestock or meat offered for U.S. sale to affix and maintain throughout the chain of distribution country-of-origin labeling until sale to a consumer, food-serving institution, or restaurant. States that food-serving institutions and restaurants shall not be required to notify customers of the country-of origin of meat and meat food products served. Restricts the use of "U.S. meat" label to a carcass or part, meat, or meat food product, consisting entirely of domestic meat. Includes country-of-origin requirements in the definition of misbranded under such Act.
United States · United States Congress · 17 March 1999
Firefighter Investment and Response Enhancement (FIRE) Act - Authorizes the Director of the Federal Emergency Management Agency (FEMA) to make grants on a competitive basis to a variety of fire departments for any of a number of specified purposes, including: (1) hiring additional firefighting personnel; (2) training them; (3) funding creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies; (4) certifying fire inspectors; (5) establishing wellness and fitness programs for firefighting personnel; (6) funding emergency medical services; (7) acquiring additional firefighting vehicles and equipment, including personal protective equipment required by the Occupational Safety and Health Administration; (8) modifying fire stations, fire training facilities, and other facilities; (9) enforcing fire codes; (10) funding fire prevention programs; and (11) educating the public about arson prevention and detection. Requires the FEMA Director to establish an office to set specific criteria for the selection of grant recipients and administer the grants. Authorizes appropriations.
United States · United States Congress · 17 March 1999
American Sovereignty Restoration Act of 1999 - Repeals: (1) the United Nations Participation Act of 1945; (2) the United Nations Headquarters Agreement Act; (3) the United Nations Educational, Scientific, and Cultural Organization Act; and (4) the United Nations Environment Program Participation Act of 1973. Directs the President to terminate U.S. participation in the United Nations (UN), including any organ, specialized agency, commission, or other affiliated body. Requires closure of the United States Mission to the UN. Prohibits the authorization of funds for the U.S. assessed or voluntary contribution to the UN. Prohibits: (1) the authorization of funds for any U.S. contribution to any UN military operation; and (2) the expenditure of funds to support the participation of U.S. armed forces as part of any UN military or peacekeeping operation. Bars U.S. armed forces from serving under UN command. Prohibits the use of any U.S. facility or property by the UN or any of its affiliated agencies. Repeals diplomatic immunity for foreign UN employees (including families or servants of such employees). Terminates the United States: (1) membership in World Health Organization (WHO); and (2) participation in all conventions and-or agreements with the UN. Declares that nothing in this Act shall affect the rights regarding reemployment of employees with the Government after service with an international organization. Requires the Secretary of State to notify the UN of the provisions of this Act.
United States · United States Congress · 17 March 1999
Produce Consumers' Right-to-Know Act - Requires retailers to provide consumers with country of origin labeling of perishable agricultural commodities. Exempts food service establishments from such requirement. Authorizes fines for violations of such provision.
United States · United States Congress · 17 March 1999
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which may be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 16 March 1999
TABLE OF CONTENTS: Title I: Providing Affordable Care Through HealthMarts Title II: Providing Affordable Care Through Association Health Plans Title III: Providing Affordable Care By Allowing Health Care Coverage Credits to Individuals Title IV: Providing Affordable Care Through Medical Savings Accounts Affordable Health Care Act of 1999 - Title I: Providing Affordable Care Through HealthMarts - Amends the Public Health Service Act to create a new title on HealthMarts. Requires that HealthMarts: (1) be nonprofit entities composed of employers, employees health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all offered coverage options. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, a community health organization, or any combination of those coverages. Requires a HealthMart to permit any employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Requires HealthMarts to make at least four coverage options available, at least one of which is a non-network option. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Title II: Providing Affordable Care through Association Health Plans - Amends ERISA to define "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Prohibits a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Allows association plan coverage to include coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, a community health organization, or any combination of those coverages. Requires association plans to make at least four coverage options available, at least one of which is a non-network option. Mandates development of a model benefits package. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options.. Declares that this subtitle supersedes certain related State laws. (Sec. 202) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 203) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. Title III: Providing Affordable Care by Allowing Health Care Coverage Credits to Individuals - Amends the Internal Revenue Code to allow an individual a credit for the purchase of qualified health coverage. Amends provisions allowing a deduction for health insurance costs of self-employed individuals to allow that deduction only for qualified long-term care insurance. Title IV: Providing Affordable Care Through Medical Savings Accounts - Repeals Internal Revenue Code provisions limiting the number of taxpayers having medical savings accounts (MSAs). Removes provisions: (1) allowing an employee to continue to be MSA-eligible even though their employer ceases to be a small employer; and (2) defining "small employer." Increases the amount of the MSA deduction allowed. Modifies requirements regarding coordination of an individual's MSA deduction with the exclusion for employer MSA contributions. Lowers the lower limit of deductibles eligible as high deductible plans. Allows MSAs to be included in cafeteria plans.
United States · United States Congress · 16 March 1999
Directs the Secretary of Agriculture to convey certain land in Georgia and make a specified payment to the Georgia Power Company in exchange for certain land within or near the Chattahoochee and the Oconee National Forests, Georgia.
United States · United States Congress · 16 March 1999
Amends the Trademark Act of 1946 to declare it is not a violation of Federal or State law for an individual who had been a member of a group under a common famous name, but subsequently terminated any relationship with such group, to be able to represent, in any promotions, advertisements, or performances that such individual had formerly been a member of such group performing under such famous name, if such representations do not tend to deceive or confuse as to the nature, characteristics, qualities, geographic origin, sponsorship, or approval of his or her services with such group. Allows treble damages for any violation of such Act consisting of the use of a famous name designating a performing group or individual well known to the U.S. public, whether or not the name is a registered trademark.
United States · United States Congress · 11 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 11 March 1999
Reforestation Tax Act of 1999 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Decreases the amortization period for reforestation expenditures.
United States · United States Congress · 11 March 1999
Constitutional Amendment - Requires that any bill, resolution, or other legislative measure changing the internal revenue laws shall require for final adoption in each House the concurrence of two-thirds of the Members of that House voting and present, unless the bill is determined at the time of adoption, in a reasonable manner prescribed by law, not to increase the internal revenue by more than a de minimis amount. States that for purposes of determining any increase, there shall be excluded any increase resulting from the lowering of an effective rate of any tax. Requires journal entry of any vote. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 10 March 1999
Military Family Food Stamp Tax Credit Act of 1999 - Amends the Internal Revenue Code to annually allow a $500 refundable credit to certain low-income members of the uniformed services.
United States · United States Congress · 10 March 1999
Medical Audiology Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to add a definition for the term "audiologist" for purposes of the Medicaid program.
United States · United States Congress · 9 March 1999
Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2002; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2002. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be: (1) a simple and fair system; and (2) approved by the Congress in its final form no later than July 4, 2002.
United States · United States Congress · 9 March 1999
TABLE OF CONTENTS: Title I: Tax Reduction Title II: Supermajority Required for Tax Changes Freedom and Fairness Restoration Act of 1999 - Title I: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 19 percent tax (17 percent after December 31, 2000) on the taxable income of every individual. Redefines "taxable income" to mean the amount by which wages, retirement distributions, and unemployment compensation exceed the standard deduction. Increases the basic standard deduction and includes an additional standard deduction for dependents. Includes in taxable income the taxable income of each dependent child under the age of 14. Provides for inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 19 percent (17 percent after December 31, 2000) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. Imposes a tax of 19 percent (17 percent after December 31, 2000) on the value of excludable compensation provided during the year by an employer for the benefit of employees. Makes the employer liable for the tax. (Sec. 103) Repeals: (1) numerous provisions relating to pension plans; and (2) provisions imposing a tax on any employer reversion from a qualified plan. Revises requirements regarding transfers of excess pension assets. (Sec. 104) Repeals from the Internal Revenue Code: (1) the part relating to alternative minimum tax; (2) the part relating to credits against tax; (3) the subtitle relating to estate and gift taxes; and (4) subject to exception, the chapter relating to normal taxes and surtaxes. Title II: Supermajority Required for Tax Changes - Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that increases an income tax rate, creates an additional tax rate, reduces the standard deduction, or provides any exclusion, deduction, credit, or other benefit that results in a reduction in Federal revenues.
United States · United States Congress · 9 March 1999
Firearms Heritage Protection Act of 1999 - Prohibits civil actions from being brought against a manufacturer or seller of a firearm or ammunition, or a component thereof, that has been shipped or transported in interstate or foreign commerce (a firearm), or a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm. Requires dismissal of any such action that is pending on the date of this Act's enactment. Specifies an exception with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime.
United States · United States Congress · 4 March 1999
Workplace Preservation Act - Prohibits the Secretary of Labor from promulgating, through the Occupational Safety and Health Administration, any standard or guideline on ergonomics until the National Academy of Sciences completes a study and submits a report to the Congress.
United States · United States Congress · 4 March 1999
Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program. Requires any person who intends to import steel products into the United States to first obtain an import notification certificate. Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone. Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act.
United States · United States Congress · 4 March 1999
American Debt Repayment Act - Prohibits budgeted outlays from exceeding budgeted revenues, beginning with FY 2000. Requires, beginning with FY 2000, that actual revenues exceed actual outlays in order to provide for the reduction of the gross Federal debt. Requires the amount of reduction to be equal to the amount required to amortize the debt over the next 30 years in order to repay the entire debt by the end of FY 2029. Authorizes a congressional waiver of this Act when a declaration of war is in effect. Prohibits a bill to increase revenues from being deemed to pass the House of Representatives or the Senate unless approved by a majority roll call vote of both Houses. Directs the Congress to review actual revenues on a quarterly basis and adjust outlays to comply with this Act.
United States · United States Congress · 4 March 1999
Helpers Job Opportunity Act - Provides for the creation of an additional category of laborers or mechanics known as helpers under the Davis-Bacon Act. Requires a helper of a laborer or mechanic to be paid the prevailing wage of helpers of laborers or mechanics employed on similar projects in the same subdivision of the State.
United States · United States Congress · 2 March 1999
No Second Chances for Murderers, Rapists, or Child Molesters Act of 1999 or Aimee's Law - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Directs the Attorney General to seek to obtain information for each calendar year, starting with calendar year 1999, about the number of convictions for murder, rape, and any sex offenses in the United States: (1) where the victim has not attained age 14 and the offender has attained age 18; and (2) that are second or subsequent convictions of the defendant for such a crime. Sets forth reporting requirements.
United States · United States Congress · 2 March 1999
Family Education Freedom Act of 1999 - Amends the Internal Revenue Code to allow a tax credit of up to $3,000 per student per year for the cost of attendance at any educational institution (including any private, parochial, religious, or home school) organized to provide elementary or secondary education (or both).
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
Education Improvement Tax Cut Act - Amends the Internal Revenue Code to: (1) allow a credit (of up to $3,000) against income tax for qualified scholarship contributions; and (2) allow a credit (of up to $3,000) against income tax for qualified school materials contributions.
United States · United States Congress · 2 March 1999
Education IRA Plus Act of 1999 - Amends the education individual retirement account provisions of the Internal Revenue Code to define the "contribution limit" as: (1) $1,000 beginning in taxable year 2000; (2) $1,500 beginning in taxable year 2001; and (3) $2,000 beginning in taxable year 2001.
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 · 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
Save Our Satellites Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to establish different predictive models for making determinations of the television broadcast signal boundaries of areas within the Grade B Contour of television broadcast stations for purposes of such Act and other Federal statutes and regulations. Requires any subscriber who, on February 24, 1999, is receiving from a satellite carrier for private home viewing secondary transmissions of programming contained in a primary transmission made by a network station, to be treated, during the period beginning on such date and until the FCC completes the above action, as residing in an unserved household for purposes of Federal copyright license requirements for secondary transmissions by satellite carriers.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 24 February 1999
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
Continued Dumping or Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
United States · United States Congress · 23 February 1999
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
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 23 February 1999
Amends the 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 · 11 February 1999
Small Watershed Rehabilitation Amendments of 1999 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization to cover a portion of the total costs incurred for the rehabilitation of structural measures originally constructed as part of a covered water resource project (except that the local organization shall be responsible for securing all land, easements, or rights-of-ways necessary for the project). Limits the amount of Federal funds that may be made available to such an organization for construction of a particular rehabilitation project to 65 percent of the total rehabilitation costs, but not exceed 100 percent of actual construction costs incurred, and makes the local organization responsible for resource rights costs and all Federal, State, and local permits. Authorizes the Secretary, acting through the Natural Resources Conservation Service, to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. Authorizes appropriations for FY 2000 through 2009 to provide financial and technical assistance. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects. Requires: (1) the Secretary to maintain a database to track the benefits derived from rehabilitation projects and expenditures and report annually to the Congress on the status of activities conducted; and (2) eligible local organizations that received assistance to report to the Secretary on the status of rehabilitation efforts undertaken using financial assistance after the completion of the specific projects for which assistance was provided.
United States · United States Congress · 11 February 1999
Emergency Medical Services Enhancement Act of 1999 - Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by qualified volunteer emergency services organizations.
United States · United States Congress · 11 February 1999
Distilled Spirits Tax Payment Simplification Act of 1999 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period.
United States · United States Congress · 10 February 1999
Amends the Individuals with Disabilities Education Act to reserve to each State educational agency (SEA), or to a local educational agency as determined by the SEA, any decision relating to establishment or implementation of policies of discipline of children with disabilities in school. Requires that any such policy be applicable to all children with disabilities in that State or local educational agency.
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.
![Official portrait of Rep. Norwood, Charles W. [R-GA-9]](https://www.congress.gov/img/member/n000159_200.jpg)