United States · United States Congress · 28 April 1999
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits). Makes this Act effective with respect to taxable years ending after 1995.
United States · United States Congress · 27 April 1999
Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) for FY 2000 and 2001 for the direct and indirect expenses associated with operating approved medical residency training programs. Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Authorizes appropriations.
United States · United States Congress · 27 April 1999
Restricted Explosives Control Act of 1999 - Prohibits the distribution or receipt of restricted explosives without a Federal permit. Defines "restricted explosives" to mean high explosives, blasting agents, detonators, and more than 50 pounds of black powder. Requires applications for such permits to include the applicant's photograph and fingerprints, which shall be taken and transmitted to the Secretary of the Treasury by the chief law enforcement officer of the applicant's place of residence.
United States · United States Congress · 26 April 1999
TABLE OF CONTENTS: Title I: Satellite Competition and Consumer Protection Title II: Secondary Transmissions By Satellite Carriers Within Local Markets Satellite Copyright, Competition, and Consumer Protection Act of 1999 - Title I: Satellite Competition and Consumer Protection - Satellite Competition and Consumer Protection Act - Amends the Communications Act of 1934 to allow television broadcasting stations the option of electing must-carry status as provided in this title for satellite carriers providing local service and retransmitting the station's signals, as an alternative to the current authority to grant retransmission consent. (Sec. 102) Exempts from such retransmission consent requirement (in addition to noncommercial television broadcast stations) superstations that existed as superstations on May 1, 1991, were retransmitted by satellite carriers under satellite compulsory license as of July 1, 1998, and whose retransmissions were in compliance with Federal Communications Commission (FCC) rules governing network nonduplication, syndicated exclusivity, and sports blackout. Terminates seven months after the enactment of this Act the retransmission consent exemption for satellite-delivered distant network signals. Requires the FCC to commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcasting stations of the right to grant retransmission consent and such other regulations as are necessary to administer the limitations contained in this Act. Requires such regulations to: (1) establish election time periods for must-carry retransmission consent rights that correspond with those regulations adopted under this Act; and (2) prohibit (through January 1, 2006) television broadcast stations that provide retransmission consent from engaging in discriminatory practices, understandings, arrangements, and activities, including exclusive contracts for carriage, that prevent a multichannel video programming distributor from obtaining retransmission consent from such stations. Provides that, if an originating television station elects to exercise its right to grant retransmission consent under this Act with respect to a satellite carrier, the must-carry provisions shall not apply to the carriage of such station's signal by the satellite carrier. (Sec. 103) Requires satellite carriers that retransmit a television broadcast signal to subscribers located within the signal's local market to carry, upon request, beginning January 1, 2002, all television broadcast stations located within the local market (must- carry requirement), subject to the retransmission consent election by such stations. Requires a television broadcast station asserting its right to such carriage to bear costs associated with delivering a good quality signal to the satellite carrier's designated local receive facility or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market. Provides that a satellite carrier shall not be required: (1) to carry upon request the signal of any local commercial television broadcast station that substantially duplicates the signal of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier within the same local market; or (2) to carry upon request the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network. Requires the FCC to prescribe regulations that provide the same degree of carriage by satellite carriers of multiple local noncommercial television broadcast stations as is provided by cable systems. Declares that no satellite carrier shall be required to provide a local television broadcast station signal to subscribers in that station's local market on any particular channel number, or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local stations to subscribers in the stations' local market on contiguous channels, and provide access to such signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on screen program guide, or menu. Prohibits a satellite carrier from accepting or requesting monetary payments or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this Act or for channel positioning rights provided to such stations. Allows any such station, however, to be required to bear the costs associated with delivering a good quality signal to the satellite's local receive facility. Provides an administrative procedure by which stations may seek redress from the FCC for violations of the must-carry obligations for satellite carriers. (Sec. 104) Sets a deadline by which the FCC must commence a single rulemaking proceeding to establish regulations (modeled after those currently applicable to the cable industry) that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to retransmission of broadcast signals by satellite carriers to subscribers. Directs the FCC to establish a signal intensity Network Nonduplication Signal Standard (until revised, the Grade B field strength standard prescribed by specified FCC regulations) for purposes of determining the network nonduplication rights of local television broadcast stations. Directs the FCC to take all actions necessary to develop and prescribe by rule a point-to-point predictive Network Nonduplication Reception Model for reliably and presumptively determining the ability of individual locations to receive signals in accordance with the Network Nonduplication Signal Standard. Requires the network nonduplication requirements to allow a television network station to assert certain nonduplication rights. Prescribes procedures: (1) for subscriber requests for waiver of network nonduplication requirements; and (2) for verification of inability to receive a standard-meeting signal, if a waiver is denied. Prescribes conditions for deeming a subscriber with satellite reception equipment in a recreational vehicle to be outside a station's local market and Reception Model Area. Requires the FCC to review and, if necessary, revise such Standards and Models. (Sec. 105) Requires the Public Broadcasting Service (PBS) to certify annually to the Board of Directors of the Corporation for Public Broadcasting, and notify each pertinent satellite carrier, that a majority of its membership supports or does not support the secondary transmission of the PBS satellite feed. (Sec. 107) Requires the FCC to complete the biennial review required by the Telecommunications Act of 1996. (Sec. 108) Provides that until the FCC issues regulations, if a subscriber's network service is terminated, the satellite carrier shall, upon request, provide the subscriber free of charge an over- the-air television broadcast receiving antenna that will provide the subscriber with an over-the-air signal of Grade B intensity for those network stations that were terminated as a result of a finding of copyright infringement. (Sec. 109) Prohibits a subscriber whose household is located outside the Grade A contour of a network station from having his or her satellite service of another network station affiliated with that same network terminated as a result of an infringement finding, until the FCC has issued and implemented a new predictive model under this Act. Title II: Secondary Transmissions by Satellite Carriers Within Local Markets - Satellite Copyright Compulsory License Improvement Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory (compulsory) licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to the network that owns or is affiliated with the network station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day of each month, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. (Sec. 202) Restricts the use of the subscriber information to monitor compliance by the satellite carrier. Applies the submission requirements to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. Precludes any royalty obligation for such secondary transmission. Makes actionable as an act of infringement fully subject to copyright remedies a satellite carrier's willful or repeated secondary transmission into a television broadcast station's local market of the station's primary transmission embodying a performance or display of a work to a subscriber outside the station's local market, if the satellite carrier has not complied with FCC rules, regulations, or authorizations concerning signal carriage. Applies the same infringement liability and copyright remedies to a satellite carrier if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such transmission is made to a subscriber outside the station's local market who is not subject to compulsory licensing or a private licensing agreement, unless the satellite promptly withdraws service from the ineligible subscriber. Sets forth additional remedies for willful and repeated patterns or practices of such violations. Places on the satellite carrier the burden of proof in any action brought under this Act that its secondary transmission of a station's primary transmission is made only to subscribers within the station's local market or subscribers being served in compliance with compulsory licensing requirements. Provides that, with respect to any actionable secondary transmission by a satellite carrier of a primary transmission embodying the performance or display of a work, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station. (Sec. 203) Amends the Satellite Home Viewer Act of 1994 to extend until December 31, 2004, the sunset of the satellite compulsory license. (Sec. 204) Revises the formula used to compute the rate of royalty fees for satellite carriers in effect on January 1, 1998, by reducing the $.27 rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent. Provides that, for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed. (Sec. 205) Subjects to compulsory license a copyrighted programming carried upon the PBS national satellite feed. Conditions such license, after certain circumstances take place, or two years after the effective date of this Act, whichever is earlier, on the annual PBS certification that a majority of PBS membership supports the secondary transmission of the PBS satellite feed. Defines "Public Broadcasting Service satellite feed" as the national satellite feed distributed by PBS consisting of educational and informational programming intended for private home viewing, to which PBS holds national terrestrial broadcast rights. (Sec. 206) Limits the compulsory license to secondary transmissions of network stations to persons who are unable to receive a signal of the intensity specified as the Network Nonduplication Signal Standard (currently, limited to secondary transmissions to persons who reside in unserved households). Makes use of the compulsory license contingent upon compliance with the FCC nonduplication requirements of title I of this Act. (Sec. 207) Makes satellite carrier eligibility for the compulsory license contingent upon full compliance with all FCC signal carriage requirements. (Sec. 208) Requires the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information jointly to study and report to Congress on the technical and economic impact of must-carry requirements on delivery of local signals.
United States · United States Congress · 20 April 1999
TABLE OF CONTENTS: Title I: Improvement of Classroom Services and Activities Title II: Miscellaneous Provisions Dollars to the Classroom Act - Title I: Improvement of Classroom Services and Activities - Authorizes the Secretary of Education award grants to States for use by States and local educational agencies (LEAs) to improve classroom services and activities for students. (Sec. 102) Requires reservation of specified portions of title I funds for: (1) outlying areas, to be distributed on the basis of their relative need; and (2) the Secretary of the Interior for programs in schools operated or funded by the Bureau of Indian Affairs. Sets forth a formula for distribution of title I funds to States, including a hold harmless provision with respect to amounts received in FY 1999 under current formula grant programs (which are under specified Acts and programs repealed by this Act). Requires States to distribute at least 95 percent of allotted funds to LEAs. Requires States and LEAs to use title I funds to supplement and not to supplant funds from non-Federal sources. Requires State annual reports to the Secretary and specified congressional committees to be made available to parents and the public. (Sec. 103) Requires States to consider certain factors when distributing funds within the State. Sets forth hold-harmless provisions for LEAs with respect to: (1) funds received for FY 1999 under current formula grant programs; and (2) funds the LEA is eligible to receive during FY 1999 through 2003 under multiyear awards made prior to enactment of this Act. Lists local uses of title I funds. Requires LEAs to involve parents and members of the public in planning for the use of title I funds. (Sec. 104) Provides for participation of private school children and teachers in title I activities and services. (Sec. 106) Declares that nothing in this title shall be construed to authorize any Federal officer or employee to require, direct, or control a State, LEA, or school's specific instructional content of pupil performance standards and assessments, curriculum, or program of instruction as a condition of eligibility to receive funds under this title. Prohibits the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this title. Provides that LEAs shall not be required to provide services under this title through a particular instructional method or in a particular instructional setting in order to receive funding under this title. (Sec. 107) Repeals the following programs under the Goals 2000: Educate America Act: (1) State and local education systemic improvement; (2) parental assistance; and (3) international education exchange and study. Repeals the following programs under the School-to-Work Opportunities Act of 1994: (1) school-to-work opportunities system development and implementation grants to States; (2) Federal implementation grants to local partnerships; and (3) national programs. Repeals the following programs under the Elementary and Secondary Education Act of 1965 (ESEA): (1) demonstrations of innovative practices; (2) innovative elementary school transition projects; (3) Dwight D. Eisenhower Professional Development Program, including national programs and State and local activities; (4) Technology for Education, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources; (5) Magnet Schools Assistance; (6) Women's Educational Equity; (7) Innovative Education Program Strategies; (8) Native Hawaiians Education; (9) Alaska Native Education; (10) Fund for the Improvement of Education; (11) Gifted and Talented Education; (12) Arts in Education; (13) Civic Education; (14) Allen J. Ellender Fellowship Program (Close-Up programs for middle and secondary school students and teachers); (15) 21st Century Community Learning Centers; (16) Urban and Rural Education Assistance; (17) National Writing Project; (18) Extended Time for Learning and Longer School Year; (19) Comprehensive Regional Assistance Centers; and (20) Eisenhower Math and Science Regional Consortia. Repeals the Education for Homeless Children program under the Stewart B. McKinney Homeless Assistance Act. (Sec. 108) Authorizes appropriations. Title II: Miscellaneous Provisions - Authorizes the Secretary to waive statutory or regulatory requirements for a State educational agency (SEA), LEA, or school under certain conditions for specified programs under ESEA and the Carl D. Perkins Vocational and Applied Technology Education Act. (Sec. 201) Education Flexibility Partnership Demonstration Act - Authorizes the Secretary to allow all 50 States to participate in the Education Flexibility Partnership Demonstration Act program (currently under title III of the Goals 2000: Educate America Act, which is repealed by this Act). Directs the Secretary to: (1) review the progress of agencies or schools affected by waivers under title II; and (2) publish and disseminate the decision to grant, or to authorize SEAs to issue, such waivers. (Sec. 202) Amends ESEA to eliminate criteria which a school must meet in order for its LEA to use funds for schoolwide programs at that school.
United States · United States Congress · 14 April 1999
Bond Price Competition Improvement Act of 1999 - Amends the Securities Exchange Act of 1934 (the Act) to replace requirements regarding the National Market Advisory Board with provisions requiring the Securities and Exchange Commission (SEC) to adopt rules and takeactions to assure the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of transaction information, including last sale date, regarding covered debt securities (i.e., bonds, debentures, or other debt instruments of an issuer, other than exempted securities and securities that the SEC determines by rule to except) so that such information is available to all. Directs the SEC, in determining the rules or other actions to take, to consider private sector systems for the collection and distribution of transaction information on corporate debt securities. (Sec. 4) Directs the Comptroller General to conduct a study of measures needed in the public interest and for the protection of investors to improve the prompt, accurate, reliable, and fair collection, processing, distribution, and publication of information concerning transactions in: (1) debt securities as to which transaction information is collected but not disseminated pursuant to the Act; and (2) municipal securities. Requires the Comptroller General to report to Congress on such studies.
United States · United States Congress · 14 April 1999
James Guelff Body Armor Act of 1999 - Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the level not less than two levels, for any offense in which the defendant used body armor, with an exception involving a civil rights violation by a law enforcement officer acting under color of authority. (Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons, with a procedure for the Secretary of the Treasury to grant an exception where a person's employment, livelihood, or safety is dependent on the ability to possess and use body armor. Grants a law enforcement officer immunity from liability for false arrest arising from the enforcement of this section unless the person has in his or her possession a certified copy of the permission granting the person relief from the prohibition. Sets penalties for violations of this prohibition. (Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.
United States · United States Congress · 14 April 1999
Body Armor Restriction Act of 1999 - Amends the Federal criminal code to prohibit the sale or delivery of body armor unless the buyer and seller meet in person to accomplish its sale, delivery, and receipt, with an exception for body armor used by law enforcement officers. Sets penalties for violations.
United States · United States Congress · 13 April 1999
Reinstatement of the Medicare Rehabilitation Benefit Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2001, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
United States · United States Congress · 25 March 1999
Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.
United States · United States Congress · 25 March 1999
Fairness in Asbestos Compensation Act of 1999 - Title I: Asbestos Resolution Corporation - Establishes the Asbestos Resolution Corporation which shall: (1) have exclusive authority to adopt rules for cost recovery, physician qualifications, alternative dispute resolution, exceptional medical cases, and disease eligibility; and (2) appoint a Medical Advisory Board. Title II: Medical Eligibility Determinations - Sets forth claimant medical eligibility determination criteria for: (1) nonmalignant conditions; (2) mesothelioma; (3) lung cancer; and (4) other cancer. (Sec. 205) Sets forth procedures for Corporation determination of a claimant's certificate of medical eligibility. (Sec. 206) Directs the Corporation to establish one or more exceptional medical claims panels. Sets forth application and acceptance provisions. (Sec. 207) Provides for: (1) confidentiality; and (2) U.S. district court review, following exhaustion of administrative remedies, of Corporation determinations that a claimant fails to meet medical criteria or that a claim does not qualify as an exceptional medical claim. Title III: Alternative Dispute Resolution - Directs the Board to establish procedural rules for an alternative dispute resolution process. Sets forth provisions regarding: (1) motions officers; (2) respondent notification; (3) additional respondents; (4) grace period; (5) mediation and arbitration; and (6) subpoena powers. Title IV: Civil Actions - Prohibits: (1) a civil asbestos action unless the plaintiff has obtained a certificate of medical eligibility and release from mediation; and (2) a class action or other collective action without the consent of each defendant. (Sec. 404) Requires a penalty for a final offer made by a respondent in mediation if such offer is below a certain amount assigned by the jury or fact-finder. Title V: Rules Applicable to Arbitrations and Civil Actions - Sets forth arbitration and civil action rules with respect to: (1) relief; (2) timeliness defenses; (3) attorney's fees; and (4) nonpreclusion of nonmalignant claims upon subsequent malignancy claims. Title VI: Funding - Directs the Corporation to estimate its annual medical review and administrative and overhead costs and allocate proportionate cost shares among the previous year's respondents. Provides monetary penalties for noncooperation with the Corporation. (Sec. 602) Provides for mediation and arbitration costs to be charged on a per capita basis to participating respondents. (Sec. 603) Directs the Corporation to establish procedures for informal resolution of cost assessment disputes. Provides for U.S. district court review of cost assessment disputes. Title VII: Applicability; Pending Civil Actions - Makes this Act applicable to any civil asbestos action that has not resulted in a final, nonappealable judgment, with specified conditions applicable to pending civil actions. Title VIII: Miscellaneous Provisions - Defines specified terms. (Sec. 804) Makes this Act inapplicable to: (1) existing asbestos trusts, with an elective trust exception; and (2) any settlement agreement or related agreement concerning asbestos claims entered into by claimants, defendants, or their counsel.
United States · United States Congress · 25 March 1999
Internet Access Charge Prohibition Act of 1999 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from imposing on any interactive computer service or other information service provider any access charge for the support of universal service that is based on a measure of the time that telecommunications services are used in the provision of such interactive computer or information service.
United States · United States Congress · 25 March 1999
Freedom From Sexual Trafficking Act of 1999 - Declares that the purpose of this Act is to eliminate international sexual trafficking in which women and children are brought across international boundaries by means of force or fraud for purposes of forced prostitution, sexual slavery, and similar practices. (Sec. 4) Sets forth minimum international standards for the elimination of sexual trafficking. (Sec. 5) Establishes in the Office of the Secretary of State an Office for the Protection of Victims of Trafficking, to be administered by a director appointed by the President, with the advice and consent of the Senate. Amends the Foreign Assistance Act of 1961 to require the Secretary to include in a certain human rights report, among other things, information on sexual trafficking and the efforts of a country to prevent it. Requires the Secretary to report to Congress on the status of international sexual trafficking, including a list of any countries that do not meet the minimum international standards for the elimination of such trafficking. Authorizes appropriations. (Sec. 6) Authorizes appropriations for assistance administered through nongovernmental organizations: (1) to foreign countries in programs and activities designed to meet the minimum international standards for the elimination of sexual trafficking, including drafting of legislation to prohibit and punish acts of sexual trafficking, investigation and prosecution of sexual trafficking, and facilities, programs, and activities for the protection of victims; and (2) for programs and activities to assist victims of sexual trafficking in the United States. (Sec. 7) Amends the Immigration and Nationality Act to establish a nonimmigrant visa category for an alien (including spouse, married and unmarried sons and daughters, and parents of such alien) who the Attorney General determines: (1) is physically present in the United States; (2) is or has been a victim of sexual trafficking; (3) has not unreasonably refused to assist in the investigation or prosecution of acts of sexual trafficking (or has not attained age 14); and (4) would face a significant possibility of retribution or other hardship if removed from the United States. Denies such person eligibility for admission to the United States if there is substantial reason to believe that the person has committed an act of sexual trafficking. Directs the Attorney General to determine whether a ground for inadmissibility exists with respect to such nonimmigrant alien. Authorizes the Attorney General to waive the requirements of this Act if it is in the national interest. Authorizes the Attorney General to adjust the status of the nonimmigrant alien (and spouse, married and unmarried sons and daughters, and parents of such alien) to that of an alien lawfully admitted for permanent residence in the United States (provided such alien was not a participant in Nazi persecutions or genocide) if such nonimmigrant alien: (1) has been physically present in the United States for a continuous period of at least three years; (2) has, throughout such period, been a person of good moral character; (3) has not, during such period, unreasonably refused to provide assistance in the investigation or prosecution of acts of sexual trafficking; and (4) would face a significant possibility of retribution or other hardship if removed from the United States. (Sec. 8) Declares it to be U.S. policy not to provide nonhumanitarian foreign assistance to countries which do not meet minimum standards for the elimination of sexual trafficking. (Sec. 9) Amends Federal criminal law to subject to both civil (including forfeiture) and criminal penalties anyone who, whether inside or outside the United States, for the purpose of causing a person under age 18 (by fraud, force, or coercion) to engage in a commercial sexual act, knowingly does or attempts or conspires to: (1) transport the person across an international border; (2) recruit, entice, harbor, or engage in the purchase or sale of the person, who will then be or has been transported across an international border; or (3) own, manage, operate, or share in the proceeds of an enterprise in which the person has been transported across an international border.
United States · United States Congress · 25 March 1999
Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from listing liquefied petroleum gas under provisions regarding the accidental release of regulated substances (substances known to cause or which may reasonably be anticipated to cause death, injury, or serious adverse effects to human health or the environment) into the ambient air from a stationary source.
United States · United States Congress · 25 March 1999
Small Savers Retirement Enhancement Act - Amends the Internal Revenue Code to increase from $2,000 to $5,000 the annual limits on an individual's contributions to his or her individual retirement account (IRA). Mandates annual indexing of the $2,000 deductible portion of such contributions.
United States · United States Congress · 24 March 1999
Communications Personnel Paperwork Reduction Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC), within 30 days after enactment of this Act, to: (1) repeal specified reporting and recordkeeping requirements; and (2) eliminate any requirement for the disclosure of race, ethnicity, or gender in ownership reporting requirements. Prohibits the FCC from discriminating in employment, or granting any preference in employment, on the basis of race, color, religion, national origin, age, or sex.
United States · United States Congress · 24 March 1999
TABLE OF CONTENTS: Title I: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H. National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Sexual Assault Prevention Violence Against Women Act of 1999 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems,. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel, as well as training of sexual assault forensic nurse examiners, and supporting the development of sexual assault response teams. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. Includes as a prerequisite for Federal reimbursement of forensic medical exams of victims of sexual assault that the participating governmental entity notify all victims that such reimbursement is neither contingent upon the victim's report to law enforcement officials, nor upon the victim's cooperation in the prosecution of the assault. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; (3) technical assistance and training for State and local domestic violence programs; and (4) private, nonprofit, tribal domestic violence coalitions with representatives from a majority of the programs for victims of domestic violence operating within Indian reservations, and programs whose primary focus is the populations of such Indian country. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 195) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Sexual Assault Prevention - Amends the Public Health Service Act to require the use of certain State funds exclusively for rape prevention and education programs conducted by rape crisis centers and private nonprofit nongovernmental State and tribal sexual assault coalitions for specified programs. (Sec. 201) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault when appropriations reach a specified minimum level. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations.
United States · United States Congress · 24 March 1999
Enhancement of Trade, Security, and Human Rights Through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions in order to ensure coordination of U.S. policy with respect to trade, security, and human rights. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Expresses the sense of Congress that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted (without restricting medicine, medical equipment, or food, disaster relief or refugee assistance, or other specified foreign assistance); and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Requires the President to publish notice in the Federal Register at least 45 days in advance of the imposition of a unilateral economic sanction of his intention to implement such sanction. Authorizes the President to waive such notice in cases where the sanction involves freezing the assets of a foreign country or entity, if it is determined that U.S. national interest would be jeopardized. Requires any executive sanction to include an assessment of whether the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Establishes within the executive branch an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President. (Sec. 8) Authorizes the President to waive any sanction or prohibition contained in specified sections of the Arms Export Control Act, the Foreign Assistance Act of 1961, or the Export-Import Bank Act of 1945 for periods of six months each if it is determined that it would advance the purposes of such Acts or the national security interests of the United States.
United States · United States Congress · 23 March 1999
Department of Veterans Affairs Nurses Appreciation Act of 1999 - Amends Federal provisions relating to the pay of health care personnel within the Veterans Health Administration (VHA) of the Department of Veterans Affairs to provide that, effective October 1, 1999, pay adjustments for registered nurses and certain other positions within the VHA shall be made in the same manner as those generally applicable to Federal employees. Provides that, effective October 1, 2002, whenever the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health care personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rate of compensation for corresponding health-care professionals in the Bureau of Labor Statistics labor market area of that facility.
United States · United States Congress · 18 March 1999
Servicemembers Educational Opportunity Act of 1999 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 1999: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Requires each such member to also have completed the requirements of a secondary school diploma or its equivalent by no later than the original ending date before such extension of duty. Limits to 36 months the period for such enhanced assistance, with a special rule for certain early separations. Requires the payment of educational expenses under such program, including 90 percent of the costs of tuition and fees, and reasonable costs of books, and other supplies. Requires such amounts to be considered income for purposes of eligibility for Federal educational loans or grants under the Higher Education Act of 1965. Provides: (1) a monthly stipend for approved programs of education, with different rates for programs pursued on a full-time, three quarter-time, or half-time basis; and (2) tutorial assistance. (Sec. 3) Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; and (2) a provision authorizing individuals to elect not to receive such assistance.
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 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 · 18 March 1999
Expresses the sense of Congress that the Citizens' Stamp Advisory Committee should recommend and the U.S. Postal Service should issue a series of commemorative postage stamps in 1999 honoring the legacy and the continuing contributions of veterans service organizations to America.
United States · United States Congress · 17 March 1999
Protection of Children From On-Line Predators and Exploitation Act of 1999 - Authorizes appropriations to the Customs Service for FY 2000 to carry out the Child Pornography - Child Sexual Exploitation Program established by the Child Cybersmuggling Center of the Customs Service. Earmarks 3.75 percent of such appropriations to the National Center for Missing and Exploited Children for the Center's child pornography cyber tip line and for increased public awareness of the tip line. Amends the Federal criminal code to authorize Federal wiretapping for gathering evidence with respect to offenses relating to travel with intent to engage in sexual acts with juveniles.
United States · United States Congress · 17 March 1999
Recognizes the importance of veterans to the United States. Expresses support for the goals of Veterans Educate Today's Students Day (programs that educate children about the service of veterans and the sacrifices made by them and their families).
United States · United States Congress · 16 March 1999
Printed Circuit Investment Act - Amends the Internal Revenue Code to classify as three-year depreciable property any printed wiring board or printed wiring assembly equipment.
United States · United States Congress · 11 March 1999
Mutual Fund Tax Awareness Act of 1999 - Directs the Securities and Exchange Commission to revise regulations under the Investment Company Act of 1940 to require, consistent with the protection of investors and the public interest, improved methods of disclosing in investment company prospectuses and annual reports the after-tax effects of portfolio turnover on investment company returns to investors.
United States · United States Congress · 11 March 1999
Regulatory Right-to-Know Act of 1999 - Directs the President, acting through the Director of the Office of Management and Budget, to submit annually to the Congress an accounting statement and associated report containing: (1) an estimate of the total annual costs and benefits of Federal regulatory programs in the aggregate; by agency, agency program, and program component; and by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among such programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. Requires the Director, in estimates contained in any submission, to quantify the net benefits or net costs of each program component, each major rule, and each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule. Requires the Director to include in each submission a table stating the number of major and nonmajor rules issued by each agency in the preceding fiscal year. Requires the accounting statement, at a minimum, to: (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and the four following fiscal years; (2) cover previously expected costs and benefits for the two preceding fiscal years, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to that were included in the regulatory impact analysis that was prepared for such major rule. Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits and the format of information provided for accounting statements; and (2) review agency submissions for consistency with such guidelines. Requires the Director: (1) before submitting the statement and report and before preparing final guidelines, to provide public notice and an opportunity to comment and to consult with the Director of the Congressional Budget Office; and (2) to include an appendix to the report or guidelines addressing public and peer review comments. Directs the Director to arrange for two or more organizations that are independent of the Government and that have nationally recognized expertise in regulatory analysis and regulatory accounting to provide peer review of each accounting statement and associated report and the guidelines before such statement, report, or guidelines are final.
United States · United States Congress · 11 March 1999
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 · 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 · 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
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either House of Congress.
United States · United States Congress · 4 March 1999
TABLE OF CONTENTS: Title I: United States-Caribbean Trade Partnership Title II: Foreign Assistance For Central America and the Caribbean Subtitle A: Microcredit and Agricultural Assistance Subtitle B: Overseas Private Investment Corporation Subtitle C: Economic Support Fund Assistance Title III: Department of Defense Title IV: Immigration and Naturalization Service Title V: Debt Rescheduling and Reduction for Honduras and Nicaragua; Funding for the Central American Emergency Trust Fund of the International Bank for Reconstruction and Development Subtitle A: Debt Rescheduling and Reduction for Honduras and Nicaragua Subtitle B: Authorization of Funding for the Central American Emergency Trust Fund of the International Bank for Reconstruction and Development Caribbean and Central America Relief and Economic Stabilization Act - Title I: United States-Caribbean Trade Partnership - United States-Caribbean Trade Partnership Act -Amends the Caribbean Basin Economic Recovery Act (CBERA) to accord, for a specified period, the same tariff and quota treatment (duty-free or reduced duty treatment, free of any quantitative limitations) given certain textile and apparel articles (including those imported from North American Free Trade Agreement (NAFTA) countries) to such articles from CBERA partnership countries, or beneficiary countries (other than Central American countries) planning to become parties to NAFTA, or a comparable free trade agreement. Subjects to certain penalties exporters that engage in the transshipment of such articles (preferential treatment claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components). (Sec. 104) Directs the Commissioner of Customs to analyze and report to Congress on the extent to which partnership countries have cooperated with the United States with respect to the circumvention of existing quotas on imports of textile and apparel goods, and taken appropriate measures against circumvention violators (including exporters and importers involved in false information declarations relating to such goods). (Sec. 105) Directs the President to: (1) monitor the effects, if any, that implementation of NAFTA has on the access of beneficiary countries to the U.S. market for sugars, syrups, and molasses; and (2) in the event such implementation is adversely affecting such countries' access to the U.S. market, to take specified action to ameliorate such adverse effect. (Sec. 106) Grants duty-free treatment to rum liqueurs and spirituous beverages from Canada if certain conditions are met. (Sec. 107) Directs the President to convene a meeting with the trade ministers of the partnership countries in order to reach agreement for initiating negotiations for partnership countries to accede to the NAFTA. (Sec. 108) Directs the United States Trade Representative (USTR) to assess, and report to specified congressional committees on, the economic development efforts and market oriented reforms in each partnership country, and the ability of each country, on the basis of such efforts and reforms, to undertake the obligations of the NAFTA. Title II: Foreign Assistance for Central America and the Caribbean - Subtitle A: Microcredit and Agricultural Assistance - Directs the Administrator of the U.S. Agency for International Development (AID) to use credit and microcredit assistance to provide disaster assistance to rehabilitate agriculture production in the hurricane-affected areas of Central America and the Caribbean. (Sec. 203) Authorizes the Administrator of AID to utilize relevant foreign assistance programs and initiatives for the Central America and Caribbean region to support private producer-owned cooperative marketing associations there, including rural business associations owned and controlled by farmer shareholders. (Sec. 204) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in Central America and the Caribbean. (Sec. 205) Provides assistance through the nonemergency food assistance programs of the Agriculture Trade Development and Assistance Act of 1954 to the hurricane-affected Central American and Caribbean areas. Subtitle B: Overseas Private Investment Corporation - Expresses the sense of Congress that the Overseas Private Investment Corporation (OPIC) should foster U.S. private investment and enhance the ability of private enterprise to make its full contribution in the hurricane- affected areas of Central America and the Caribbean. Subtitle C: Economic Support Fund Assistance - Authorizes appropriations for reconstruction and disaster mitigation assistance for the areas of Central America and the Caribbean affected by Hurricane Mitch and Hurricane Georges. Earmarks specified amounts for operating expenses of AID. (Sec. 222) Authorizes appropriations to reimburse the international disaster assistance account for expenses incurred with respect to such assistance provided to the affected areas of Central America and the Caribbean. Title III: Department of Defense - Authorizes appropriations for: (1) replenishment of the Department of Defense (DOD) accounts used in providing disaster relief and reconstruction to the hurricane- affected areas of Central America and the Caribbean (earmarking amounts for replenishment of operation and maintenance and military personal accounts, the Overseas Humanitarian Disaster and Civic Aid account, and the Commanders in Chief (CINC) Initiative Fund); and (2) the New Horizons Program (earmarking amounts for expanding National Guard and Reserve exercises in Central American countries and the Dominican Republic). Title IV: Immigration and Naturalization Service - Authorizes appropriations for Enforcement and Border Affairs within the Immigration and Naturalization Service (INS) to: (1) support increased detention requirements for Central American criminal aliens held in detention by the INS; and (2) address the expected influx of illegal immigrants from Central America. Title V: Debt Rescheduling and Reduction for Honduras and Nicaragua; Funding for Central American Emergency trust Fund of the International Bank for Reconstruction and Development - Subtitle A: Debt Rescheduling and Reduction for Honduras and Nicaragua - Authorizes the President to reschedule the repayment of interest on, and (subject to specific appropriations) reduce the amount of, the indebtedness owed by the Honduran and Nicaraguan governments to the United States. Authorizes appropriations. Subtitle B: Authorization of Funding for the Central American Emergency Trust Fund of the International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Bank for Reconstruction and Development (World Bank), subject to specific appropriations, to contribute $25 million on behalf of the United States to the Central American Emergency Trust Fund.
United States · United States Congress · 4 March 1999
Keep Drug Needles Off the Streets Act - Amends the Public Health Service Act to prohibit Federal funds from being expended to carry out any program of distributing sterile needles or syringes for the hypodermic injection of illegal drugs.
United States · United States Congress · 4 March 1999
Public Services Aviation Act of 1999 - Amends Federal aviation safety law to consider a government-owned aircraft to be a public aircraft if it is: (1) operated in the performance of a governmental function by a unit of government on behalf of another unit of government pursuant to a cost reimbursement agreement; or (2) transporting (for non-commercial purposes) crewmembers whose presence is associated with the administration or support (or, as currently, performance) of a governmental function such as, but not limited to, public safety, among other functions specified by current law.
United States · United States Congress · 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
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
Broadcast Ownership for the 21st Century Act - Amends the Communications Act of 1934 to mandate that the Federal Communications Commission (FCC) shall not prohibit a person or entity directly from owning, operating, controlling, or having a cognizable interest in: (1) two television (TV) stations with overlapping coverage areas if each station is located in a separate TV market; or (2) two TV stations within the same market, if at least one of such stations is a UHF TV station. Provides for: (1) protection of existing local marketing agreements between two broadcast TV stations within the same market; and (2) FCC authority to permit an entity to own or operate two VHF stations within the same market, under certain circumstances. Directs the FCC to modify current cross-ownership limitations by eliminating: (1) provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party on the basis of the ownership, operation, or control of a daily newspaper; and (2) the one-to-a-market rule. Disallows the FCC to prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcast station and a cable system serving the same community. Directs the FCC to permit a TV broadcast station to affiliate with a person or entity that maintains two or more networks of TV broadcast stations, with a limited exception. Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person. Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity.
United States · United States Congress · 2 March 1999
Childrens' (sic) Internet Protection Act - Amends the Communications Act of 1934 to make an elementary school, secondary school, or library ineligible to receive or retain universal service assistance under such Act unless it certifies to the Federal Communications Commission that it has selected and installed (or will install) a technology for computers with Internet access which filters or blocks material deemed harmful to minors. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference.
United States · United States Congress · 1 March 1999
Amends the Securities Exchange Act of 1934 to mandate that: (1) the proxy statement or other documents accompanying any proxy, consent, or authorization solicited by an issuer of registered securities prior to any annual shareholder meeting include a disclosure of the issuer's contributions during the preceding fiscal year to any non-profit organization of which a director, officer, or controlling person of the issuer (or spouse thereof) was a director or trustee, including the identity of each recipient and the value of the contribution; (2) such issuer annually make available the total value of contributions made to nonprofit organizations during its previous fiscal year; and (3) such issuer identify the recipient and value of contributions in excess of any amount designated by the Securities Exchange Commission.
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
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
Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 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.
![Official portrait of Rep. Oxley, Michael G. [R-OH-4]](https://www.congress.gov/img/member/o000163_200.jpg)