United States · United States Congress · 8 February 2000
ADA Notification Act - Amends the Americans with Disabilities Act of 1990 (ADA) to deny a court jurisdiction over a civil action with respect to a place of public accommodation or a commercial facility unless: (1) before filing the complaint, the plaintiff provided to the defendant notice of the alleged violation (by registered mail or in person); (2) the notice identified the specific facts that constitute the alleged violation, including identification of the location at which, and the date on which, the violation occurred; (3) at least 90 days have elapsed after the date on which the notice was so provided; (4) the notice informed the defendant that the civil action could not be commenced until the expiration of such 90-day period; and (5) the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation. Directs that, with respect to a civil action that does not meet the criteria: (1) the court shall impose an appropriate sanction upon the attorneys involved; and (2) if the criteria are subsequently met and the civil action proceeds, the court may not allow the plaintiff attorneys' fees or costs.
United States · United States Congress · 3 February 2000
Student Athlete Protection Act - Amends the Federal judicial code to include as unlawful sports gambling a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on one or more: (1) competitive games in which high school or college athletes participate; (2) performances of high school or college athletes in competitive games; or (3) competitive games at the Summer or Winter Olympics.
United States · United States Congress · 1 February 2000
Recognizes the 50th anniversary of the Korean War, and expresses the gratitude of the American people for the service of members of the armed forces during such War.
United States · United States Congress · 27 January 2000
Shark Finning Prohibition Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to make it unlawful to remove any of the fins of a shark, including the tail, and discard the carcass of the shark at sea.
United States · United States Congress · 17 November 1999
Expresses the sense of Congress that, in order to protect the safety and well-being of United States citizens traveling in Mexico, the President should begin negotiations with the Government of Mexico to establish a humanitarian exemption to Mexican bond requirements, in order to ensure that U.S. citizens injured in Mexico can be immediately transferred to U.S. facilities for necessary medical treatment.
United States · United States Congress · 16 November 1999
Requires the Secretary of Defense to report to Congress on the results of a study of production alternatives for the Joint Strike Fighter aircraft program and the effects on the tactical fighter aircraft industrial base of each alternative considered.
United States · United States Congress · 16 November 1999
Expresses the sense of the House of Representatives that the President should immediately transmit to Congress a report containing: (1) the President's certification as to whether the U.S. Government has ever requested the Government of Russia to provide information on the specific sites in the United States at which either the Russian or Soviet Government placed weapons or military equipment for use in a possible conflict with the United States; and (2) depending on such certification, either a full accounting of why such a request has not been made or detailed information on when and to whom each such request was transmitted and what information was provided by Russia in response. Calls for the President to provide to Congress a report describing in detail the President's plan to find and remove any military equipment or bombs (such as those identified in the so-called Mitrokhin files) that have been placed by the Russian or Soviet Government on U.S. territory.
United States · United States Congress · 10 November 1999
Authorizes the American Battle Monuments Commission to place within the Vietnam Veterans Memorial a plaque to honor those Vietnam veterans who died after service in the Vietnam War, but as a direct result of such service, and whose names are not otherwise eligible for placement on the Memorial wall.
United States · United States Congress · 10 November 1999
State's and Parental Rights Improvement Act of 2000 - Prohibits, notwithstanding any other provision of law, considering a State to have violated any term or condition of any Federal health care grant-in-aid program by requiring the consent or notification of a parent or guardian regarding dispensing a prescription drug or device (or any class of drugs or devices specified by the State) to a minor.
United States · United States Congress · 2 November 1999
Expresses the sense of the House of Representatives that the Congress should exercise oversight responsibilities and conduct hearings, and take appropriate steps if necessary, concerning private companies that are involved in the trafficking of baby body parts for profit.
United States · United States Congress · 27 October 1999
Common Sense Protections for Endangered Species Act - Title I: Improving Scientific Integrity of Listing Decisions and Procedures - Amends the Endangered Species Act of 1973 (ESA) to require the Secretary of Commerce or the Interior, as appropriate: (1) to accord greater weight and preference to empirical data rather than extrapolations developed through modeling, when making determinations as to whether a species is endangered or threatened; and (2) consider the future conservation benefits to be provided to the species under species conservation plans or management or conservation agreements in making such determinations. Directs the Secretary to promulgate scientifically valid standards for rendering taxonomic determinations of species and subspecies. Requires such standards to provide that to be eligible for determination as a subspecies under the Act, a subspecies must be reproductively isolated from other subspecific population units and constitute an important component in the evolutionary legacy of the species. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on the historical and current range, population, and distribution of the species; (2) scientific evidence that the species population is declining or has declined from historic population levels; (3) appraisals of available data on the threats to the species or the causes of its decline; (4) an identification of information contained in the petition that has been peer-reviewed or field-tested; and (5) the reason that the petitioned action is warranted. Sets forth requirements for notification of State Governors and affected tribes to solicit advice as to whether the petitioned action is warranted. Provides for peer review of any determination that an action is warranted if it is in direct conflict with information submitted by a Governor or tribe. Permits any person to intervene as a matter of right in suits under judicial review upon demonstrating that a determination to list a species will have a direct economic effect on the person. Prohibits the Secretary from making a determination that a species is threatened or endangered in a State if a Governor or a tribe provides scientific evidence that a determination is not warranted, unless the Secretary shows by a preponderance of scientific evidence that the information submitted by the State or tribe is incorrect. Requires a public meeting to be held in each State that would be affected by a proposed regulation regarding endangered or threatened species, at the request of any person. Limits the total number of meetings to five. Requires proposed regulations to implement endangered or threatened species determinations to be based on peer-reviewed scientific information that has been, to the maximum extent feasible, verified by field testing. Directs the Secretary, concurrently with a determination that a species warrants listing, to publish an analysis of the economic, social, and other public health, safety, and welfare effects the listing may have. (Sec. 102) Replaces provisions regarding recovery plans with those setting forth requirements for scientific peer review of proposed actions to list a species, remove a species from the list, designate, or revise the designation of, critical habitat, propose alternatives, or establish mitigation obligations. (Sec. 103) Makes data or information considered by the Secretary in making the determination to list subject to the Freedom of Information Act unless the Secretary determines that the information must be kept confidential. Bars the Secretary from publicly disclosing the location of particular private property as habitat for an endangered or threatened species unless the property owner is notified first and consents or the information is otherwise public. Title II: Complying With All Federal Laws and Missions - Authorizes Federal agencies implementing land use or land and resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation with the Secretary if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Requires Federal agencies, upon determining that duties under other Federal laws conflict with those under the ESA, to request the President to resolve the conflict. Authorizes Federal agencies to proceed with proposed actions if consultation is not concluded and the Secretary fails to provide a required statement by the applicable deadline. Provides for the participation of persons who have sought authorization or funding subject to consultation in consultation proceedings. Bars permit or license applicants subject to consultation requirements regarding endangered or threatened species from being subject to new or additional requirements for the specific protection of any species beyond those identified in the Secretary's original statement. (Sec. 202) Permits consultation to be waived by a Federal agency, in response to a natural event or other emergency, for the repair or maintenance of a natural gas pipeline, hazardous liquid pipeline, flood control facility, or electrical distribution transmission or substation facility if the repair or maintenance is necessary to address an imminent threat to human lives or a significant threat to the environment. (Sec. 203) Replaces provisions regarding the Endangered Species Committee (established for the purpose of granting exemptions to consultation requirements) with those authorizing the Secretary to grant exemptions for reasons of national security and the President to grant exemptions for major disaster areas, subject to certain conditions. Eliminates specified requirements for exemptions and judicial review under consultation provisions. Title III: Permitting and Enforcement - Describes conditions under which an activity of a non-Federal person is not a taking of a species, including if it: (1) addresses a critical threat to public health or safety or a natural event; or (2) is incidental to carrying out an otherwise lawful activity such as maintenance, use, or repair of pipelines, flood control facilities, fire breaks, transmission and distribution lines, specified water facilities, and roads and rights-of-way or certain emergency repair. (Sec. 302) Revises provisions regarding citizen suits to permit civil suits by injured parties to enjoin the United States if the violation poses immediate and irreparable harm to a threatened or endangered species. (Current law authorizes suits to enjoin any person alleged to be in violation of the Act.) (Sec. 303) Revises provisions regarding incidental take permits, adding deadlines and administrative requirements for the Secretary on permit actions. Provides that no additional measures to minimize and mitigate impacts on a species that is the subject of such a permit shall be required of a permittee that is in compliance with the permit. Bars any additional restrictions on land or water under the permit without the permittee's consent. Prohibits the Secretary from requiring, as a condition of an incidental take permit, that a permittee for a public project take any measures to minimize or mitigate impacts of a taking: (1) if the costs of implementing such measures will exceed ten percent of the total project costs; or (2) for any activity that occurred prior to the date of permit issuance. (Sec. 304) Authorizes the Secretary to: (1) enter into "safe harbor" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement. Title IV: Recovery Planning - Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, agriculture, private property, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Sets forth requirements for: (1) recovery teams appointed to develop recovery plans; and (2) recovery plans, including objective, measurable benchmarks to determine whether progress is being made toward the biological recovery goal recommended by the team. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Sets forth conditions under which States may develop recovery plans. Requires the Secretary to establish the Office of Species Recovery in the U.S. Fish and Wildlife Service to: (1) provide support services to recovery teams to develop recovery plans; (2) seek the recovery of all endangered or threatened species; (3) make all determinations to remove a species from a list; and (4) assist in the designation of critical habitat. Title V: Miscellaneous - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture to carry out the ESA.
United States · United States Congress · 30 September 1999
State Initiative Fairness Act - Prohibits a U.S. district court or judge thereof from granting any application for an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law adopted by referendum upon the ground of unconstitutionality unless such application is heard and determined by a three-judge court. Requires, in any such case, the additional judges to be designated as soon as practicable and the court to expedite the consideration of the application for an injunction. Requires any appeal of a determination on such application to be to the Supreme Court.
United States · United States Congress · 30 September 1999
Urges the President to: (1) seek a global consensus supporting a permanent international ban on tariffs on electronic commerce, including a ban on special, multiple, and discriminatory taxation of electronic commerce and the Internet; (2) instruct the U.S. delegation to the November 1999 World Trade Organization (WTO) ministerial meeting in Seattle, Washington, to seek to make permanent the moratorium on tariffs on electronic transmissions adopted by the WTO in May 1998; (3) seek adoption by the Organization for Economic Cooperation and Development of an international ban on special, multiple, and discriminatory taxation of electronic commerce and the Internet; and (4) oppose any proposal by any country, the United Nations, or any other multilateral organization to establish a "bit tax" on electronic transmissions.
United States · United States Congress · 28 September 1999
Hass Avocado Promotion, Research, and Information Act of 1999 - Directs the Secretary of Agriculture to issue a marketing order, subject to producer and importer referendum approval, providing for research and promotion of Hass avocados. Sets forth marketing order terms and related provisions, including establishment of a Hass Avocado Board. Authorizes appropriations.
United States · United States Congress · 22 September 1999
Commends Greece and Turkey for their mutual and swift response to the recent earthquakes in both countries by providing to each other humanitarian assistance and rescue relief. Encourages: (1) the United States to continue its efforts in aiding both countries as they seek to rebuild; and (2) the countries themselves to persevere in resolving outstanding issues between themselves. Recognizes the renewed spirit of cooperation and the importance of the talks between such countries.
United States · United States Congress · 8 September 1999
Authorizes the President, on behalf of the Congress, to present congressional gold medals to astronauts Neil A. Armstrong, Buzz Aldrin, and Michael Collins, in recognition of their monumental and unprecedented feat of space exploration, as well as their achievements in the advancement of science and promotion of the space program. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires receipts from such sales to be deposited in the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 8 September 1999
Expresses the sense of Congress that making concessions to terrorists is deplorable and that President Clinton should not have offered or granted clemency to the FALN (Armed Forces of National Liberation) terrorists.
United States · United States Congress · 5 August 1999
Southern California Federal Judgeship Act of 1999 - Directs the President to appoint, by and with the advice and consent of the Senate: (1) three additional district judges for the Southern District of California; and (2) one additional (temporary) district judge for that District. Specifies that the first vacancy in the office of district judge in that District, occurring seven years or more after the confirmation date of the judge named to fill such temporary judgeship, shall not be filled. Authorizes appropriations.
United States · United States Congress · 5 August 1999
Declares that the House of Representatives: (1) recognizes the importance of strong marriages for a strong society; (2) commends the Greater Grand Rapids community and other communities which have established community marriage policies for their efforts to support marriage and prevent the problems of divorce; and (3) encourages other communities in the United States to develop community marriage policies to enable community members to work together to strengthen marriages and provide stable environments for children.
United States · United States Congress · 23 July 1999
TABLE OF CONTENTS: Title I: Department of Defense Civil Title II: Department of the Interior Title III: Department of Energy Title IV: Independent Agencies Title V: General Provisions Energy and Water Development Appropriations Act, 2000- Title I: Department of Defense - Civil - Makes appropriations to the Department of the Army and its Corps of Engineers for FY 2000 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects; (4) certain flood control projects on the Mississippi River and its tributaries; (5) water development projects operation and maintenance; (6) the navigable waters and wet lands regulatory program; (7) formerly utilized sites remedial action program; and (8) general expenses. Title II: Department of the Interior - Makes FY 2000 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation, water and related resources; (3) Bureau of Reclamation Loan Program Account; (4) Central Valley Project Restoration Fund; (5) California Bay-Delta Restoration; and (6) general administrative expenses. Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 2000 for: (1) energy supply; (2) non-defense environmental management; (3) the Uranium Enrichment Decontamination and Decommissioning Fund; (4) general DOE science and research activities; (5) nuclear waste disposal; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense environmental restoration and waste management; (10) defense facilities closure projects; (11) defense environmental management privatization; (12) other DOE defense activities; (13) defense nuclear waste disposal; (14) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams under the Western Area Power Administration); and (15) the Federal Energy Regulatory Commission. (Sec. 301) Prohibits funds under this Act from being used to: (1) award either a management and operating contract without competitive procedures, or a contract that deviates from the Federal Acquisition Regulation, unless the Secretary of Energy (Secretary) grants a waiver on a case-by-case basis; (2) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (3) augment specified funds made available for severance payments and other benefits and community assistance grants under specified law; (4) prepare or initiate Requests for Proposals (RFPs) for a program that has not been funded by the Congress; (5) advance Laboratory Directed Research and Development, or Director's Discretionary Research and Development; (6) cover expenditures under a covered contract unless funds are expended in accordance with a Laboratory Funding Plan approved by the Secretary; (7) to establish or maintain independent centers at a DOE facility unless such funds have been specifically identified in the budget submission; (8) waive overhead or added factor charges for work performed for other Federal agencies or other DOE programs; (9) restart the High Flux Beam Reactor; (10) construct, expand, or upgrade fiber optic telecommunication endeavors by the Federal power marketing administrations (except fiber optic cable necessary for foreseeable future internal management programs); or (11) engage in designated construction-related activities by the Federal power marketing administrations. (Sec. 314) Repeals Federal prohibitions against the use of Federal funds: (1) by Federal public power authorities or other Federal entities (except as specifically authorized by Congress) for studies relating to the possibility of changing from "at cost" to a noncost-based method of pricing hydroelectric power; or (2) by the Executive branch (until specifically authorized by Congress) for soliciting or drafting proposals or preparing or reviewing studies designed to transfer out of Federal ownership, management or control the facilities and functions of the Federal power marketing administrations and the Tennessee Valley Authority. Title IV: Independent Agencies - Makes appropriations for FY 2000 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Nuclear Regulatory Commission (NRC); (4) the NRC Office of the Inspector General; and (5) the Nuclear Waste Technical Review Board. Rescinds previous appropriations earmarked for the Denali Commission. Title V: General Provisions - Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars the award of contracts funded under this Act to any person determined by a court or Federal agency to have falsely labeled products as made in America. (Sec. 503) Prohibits the use of any funds made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency, and which minimizes any detrimental effect of the San Luis drainage waters. Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program--Alternative Repayment Plan" and the "SJVDP--Alternative Repayment Plan" described in a specified report. Makes San Luis Unit beneficiaries of drainage service or drainage studies responsible to reimburse the United States fully for any future obligations of Federal funds relating to, or providing for, such service or studies for the San Luis Unit. (Sec. 504) Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, through September 30, 2000, the NRC's authority to assess annual charges. (Sec. 505) Amends: (1) the Act Making Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 1999, to repeal Title III (Denali Commission Act of 1998) and Title VI (Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and State of South Dakota Terrestrial Wildlife Habitat Restoration) of division C; and (2) the 1999 Emergency Supplemental Appropriations Act, to repeal specified administrative provisions pertaining to the Denali Commission (including a limitation on administrative expenditures and contractual powers). (Sec. 508) Prohibits the use of appropriations under this Act for regulations designed to implement a certain Kyoto Protocol which has not been submitted to the Senate for advice and consent to ratification.
United States · United States Congress · 19 July 1999
Private Property Protection Act of 1999 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated; and (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by U.S. courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law; and (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.
United States · United States Congress · 19 July 1999
Federal Prison Industries Competition in Contracting Act of 1999 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI). Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration. Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price. Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog. (Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact of a proposed expansion of inmate-work activities by FPI on private sector firms and their non-inmate workers whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service. Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Prohibits the board of directors from approving a proposal for inmates to provide a service in which an inmate worker has access to: (1) personal or financial information about individual private citizens, including information relating to such person's real property, however described, without giving prior notice to such persons; or (2) data that is classified, or that will become classified after being merged with other data. Sets forth public comment requirements. Requires that the board of directors: (1) solicit comments on the required analysis from trade associations representing vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal; and (2) be provided copies of all comments received on the expansion proposal. Authorizes the Chief Operating Officer of FPI, based on the comments received on the initial expansion proposal, to provide the board a revised expansion proposal. Makes such revised proposal subject to public comment requirements of this Act if it provides for expansion of inmate work opportunities in an industry different from that initially proposed. (Sec. 4) Prohibits FPI from offering products or services as a subcontractor or supplier to a private for-profit business concern, notwithstanding that the product or service being furnished by such concern will ultimately be supplied to the U.S. Government, the government of the District of Columbia, an agency of a State government or any political subdivision thereof, or an eligible not-for-profit organization. (Sec. 5) Amends the Federal criminal code to require that wages earned by an inmate worker of FPI be paid in the name of such worker, and that deductions aggregating to not more than 80 percent of gross wages be taken from the wages due for: (1) applicable taxes; (2) payment of fines and restitution pursuant to court order; (3) payment of additional restitution for victims of the inmate's crimes (at a rate not less than ten percent of gross wages); (4) allocations for support of the inmate's family pursuant to statute, court order, or agreement with the inmate; (5) allocations to a fund in the inmate's name to facilitate such inmate's assimilation into society, payable at the conclusion of incarceration; and (6) such other deductions as may be specified by the Director of the Bureau of Prisons. (Sec. 6) Amends the code to require that not less than 20 percent of the gross profits of the corporation at the end of each fiscal year be allocated to fund vocational training for inmates without regard to the type of work activities to which they are assigned. (Sec. 7) Revises requirements for reporting by the board to Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing. (Sec. 9) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.
United States · United States Congress · 15 July 1999
Immigration Reorganization and Improvement Act of 1999 - Establishes in the Department of Justice: (1) the Bureau of Immigration Services; and (2) the Bureau of Immigration Enforcement. Sets forth provisions respecting the transfer of functions, personnel, and appropriations.
United States · United States Congress · 15 July 1999
Folic Acid Promotion and Birth Defects Prevention Act of 1999 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to carry out a program, directly or through grants or contracts, for professional and public education and training, research, and epidemiological activities regarding folic acid and birth defects. Authorizes appropriations.
United States · United States Congress · 15 July 1999
Designates the U.S. Post Office building located at 3101 West Sunflower Avenue in Santa Ana, California, as the Hector G. Godinez Post Office Building.
United States · United States Congress · 14 July 1999
Adoption Awareness Act of 1999 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to national adoption organizations for programs to train the staff of eligible health centers in providing adoption counseling to pregnant women and infertile married couples. Makes it a condition for receipt of such a grant that the national adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include centers that: (1) receive grants relating to voluntary family planning projects; (2) receive grants relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing; (3) receive grants for the provision of services in schools; and (4) do not perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option. Directs the Secretary to require programs providing voluntary family planning services with such a grant to provide nondirective counseling and referrals regarding prenatal care and delivery, infant care, foster care, and adoption. Makes religious organizations eligible for such grants without discrimination and mandates their independence from Federal, State, and local governments, providing certain safeguards to ensure such independence. Provides the beneficiaries of assistance from religious organizations with certain rights, including the right not to be discriminated against by the religious organization. Authorizes appropriations.
United States · United States Congress · 1 July 1999
Internet Freedom and Broadband Deployment Act of 1999 - Amends the Communications Act of 1934 to define "high speed data service" as a service capable of transmitting electronic information at a rate generally not less than 384 kilobits per second in at least one direction. Prohibits the Federal Communications Commission (FCC) and each State, except as expressly provided in this Act, from regulating the rates, charges, terms or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of such service. Prohibits the FCC from requiring an incumbent (established) local exchange carrier to: (1) provide unbundled access to any network elements used in the provision of any high speed data service, other than those elements described in FCC regulations; or (2) offer for resale at wholesale rates any high speed data service. States that nothing in this Act shall: (1) limit or affect the authority of any State to regulate voice telephone exchange services; (2) affect the ability of the FCC to retain or modify the exemption from interstate access charges for enhanced service providers; or (3) prohibit the FCC from modifying the regulation concerning the number of networks subject to its unbundling requirement. Requires each incumbent local exchange carrier to provide: (1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service; (2) any Internet service provider with the right to acquire necessary facilities and services to facilitate such interconnection; and (3) any Internet service provider with the ability to collocate equipment in order to achieve such interconnection. Includes high speed data service or Internet access service within the definition of "incidental interLATA services" permitted for a Bell operating company (BOC). States that, until the date a BOC is authorized to offer interLATA services originating in an in-region State, such BOC offering any high speed data service or Internet access service may not, in such State, bill or collect for interLATA voice telecommunications service obtained by means of such high speed data or Internet access service provided by such company.
United States · United States Congress · 1 July 1999
Unborn Victims of Violence Act of 1999 - Provides that: (1) whoever engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes), and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense; and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother, except that the death penalty shall not be imposed. Bars prosecution under this Act for conduct relating to an abortion: (1) for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.
United States · United States Congress · 1 July 1999
Expresses the sense of the Congress that: (1) the Internal Revenue Service, as we know it, must be abolished, and the Internal Revenue Code must be replaced with a new, simple, and fair tax system that reduces taxes and applies a single, low rate to all Americans; and (2) the President should submit to Congress a comprehensive proposal to reform the Internal Revenue Code by April 1, 2000.
United States · United States Congress · 29 June 1999
Private Property Rights Implementation Act of 1999 - Amends the Federal judicial code to provide that whenever a district court exercises jurisdiction under civil rights provisions in an action in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action in which no claim of a violation of a State law, right, or privilege is alleged, if a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear. Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress. Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; and (2) a final decision shall not require the party seeking redress to exhaust judicial remedies provided by any State or territory of the United States. (Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. (Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.
United States · United States Congress · 29 June 1999
Expresses that the House of Representatives: (1) condemns the crimes that occurred in Sacramento, California, at Congregation B'Nai Israel, Congregation Beth Shalom, and Kenesset Israel Torah Center on June 18, 1999; (2) interprets such attacks as an attack on all Americans; (3) is committed to using Federal law enforcement personnel and resources to bring the persons who committed these attacks to justice; (4) recognizes the residents of the Sacramento, California, area who have so quickly joined together to lend support and assistance to the victims and who remain committed to preserving the freedom of religion of all members of the community; and (5) calls upon all Americans to categorically reject similar crimes of hate and intolerance.
United States · United States Congress · 22 June 1999
Academic Achievement for All Act (Straight A's Act) - Allows States flexibility in combining and using use specified Federal elementary and secondary education formula program funds for State education priorities and programs, in exchange for being held accountable for meeting, in a five- year period, certain performance goals which they propose. (Sec. 3) Allows a State to opt to enter into such a performance agreement with the Secretary of Education, under which provisions of law relating to specified eligible programs shall not apply to the State, with certain exceptions. Includes under the terms of such agreements requirements relating to: (1) use of such funds to improve student achievement; (2) an accountability system; (3) performance goals and measures, and student achievement data; (4) fiscal responsibilities; (5) civil rights; (6) private school student and staff participation; (7) State financial participation; and (8) annual reports. (Sec. 4) Lists such eligible programs, under various provisions of the Elementary and Secondary Education Act of 1965 (ESEA), the Department of Education Appropriations Act of 1999, the Goals 2000: Educate America Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, and the Stewart B. McKinney Homeless Assistance Act. (Sec. 5) Sets forth requirements relating to: (1) within-State distribution of funds; (2) local participation; and (3) a set-aside for State administrative expenditures. (Sec. 8) Requires performance reviews at the end of the five-year period. Requires reductions of State administrative funds for States that have made little or no progress. Allows States that have met at least 80 percent of their performance goals to apply for renewal of performance agreements for an additional five-year period. (Sec. 10) Directs the Secretary annually to set aside sufficient funds from the Fund for the Improvement of Education under ESEA to grant achievement gap reduction rewards to States. Requires a performance reward to equal at least five percent of funds allocated to the State during the first year of the performance agreement for programs included in the agreement. Makes a State eligible to receive a reward if, over the five-year term of the performance agreement, it reduces by at least 25 percent the difference between the percentage of highest and lowest performing groups of students that meet the State's definition of proficient, with such reduction occurring in at least: (1) two content areas, one of which must be mathematics or reading; and (2) one grade level.
United States · United States Congress · 17 June 1999
Pain Relief Promotion Act of 1999 - Title I: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to provide that for purposes of such Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance consistent with public health and safety even if the use of such a substance may increase the risk of death. Declares that nothing in this Act authorizes intentionally dispensing or administering a controlled substance for purposes of causing death or assisting another person in causing death. Prohibits the Attorney General, in determining whether a controlled substance manufacturer, distributor, or dispenser registration is consistent with the public interest under the Act, from giving force and effect to State law permitting assisted suicide or euthanasia. Authorizes certain educational and research programs carried out by the Attorney General under the Act to include educational and training programs for local, State, and Federal personnel on the necessary and legitimate use of controlled substances in pain management and palliative care and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use. Title II: Promoting Palliative Care - Amends the Public Health Service Act to require the Administrator of the Agency for Health Care Policy and Research to carry out a program to: (1) develop and advance scientific understanding of palliative care; and (2) collect and disseminate protocols and evidence-based practices regarding such care, with priority given to pain management for terminally ill patients, and make such information publicly available. Defines "palliative care" as the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. Authorizes the Secretary of Health and Human Services, to award grants, cooperative agreements, and contracts to health professions schools, hospices, and other entities for programs to provide education and training to health care professionals in palliative care. Sets forth requirements for grant applicants. Provides for the evaluation of such programs to determine their effect on knowledge and practice regarding palliative care. Makes funds available for such grants and contracts.
United States · United States Congress · 16 June 1999
Arctic Coastal Plain Domestic Energy Security Act of 1999 - Declares that: (1) it is the policy of the United States to permit exploration, development, production and transportation of oil and gas resources in a designated area of the Coastal Plain Study Area of the Arctic National Wildlife Refuge; (2) such exploration, development, production and transportation should proceed with dispatch; and (3) such activities should be conducted in a manner consistent with the protection of the Coastal Plain's fish and wildlife resources and environment and the needs of the area's subsistence users. (Sec. 4) Instructs the Secretary of the Interior to establish and implement a competitive oil and gas leasing program that will: (1) result in an environmentally sound program; (2) not result in significant adverse effects upon fish and wildlife; and (3) ensure the receipt of fair market value by the public for the mineral resources to be leased. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge, and any leasing or development leading to such production. States that Congress determines that the Coastal Plain oil and gas leasing program and activities authorized by this Act are compatible with the purposes for which the Arctic National Wildlife Refuge was established, and that no further findings or decisions are required to implement this determination. States this Act is the sole authority for Coastal Plain leasing, and that such Plain is considered "Federal land" for purposes of the Federal Oil and Gas Royalty Management Act of 1982. Authorizes the Secretary to: (1) designate a maximum total of Coastal Plain acreage as "Special Areas" and close them to leasing if the Secretary determines that these Areas require special management and regulatory protection; (2) permit leasing in those Special Areas by setting lease terms that limit or condition surface use and occupancy by lessees but permit the use of horizontal drilling technology from sites on leases located outside the designated Special Areas. Declares that this Act constitutes the Secretary's sole authority to close Coastal Plain lands to oil and gas leasing and to exploration, development, and production. (Sec. 6) States that lands may be leased to any person qualified to obtain a lease for oil and gas deposits under the Mineral Leasing Act. Requires the Secretary to prescribe lease procedures. (Sec. 7) Authorizes the Secretary to grant to the highest responsible qualified bidder by sealed competitive cash bonus bid any Coastal Plain lands upon payment of such bonus and a royalty which shall not be less than a certain amount. Prescribes lease terms and conditions. (Sec. 10) Directs the Secretary to grant rights-of-way and easements across the Coastal Plain for oil and gas transportation.
United States · United States Congress · 10 June 1999
Can Spam Act - Prohibits any person from using equipment of an electronic mail (e-mail) service provider, or causing such equipment to be used, for transmission of unsolicited commercial e- mail in violation of a posted policy of such provider. Authorizes the provider to bring a civil action for violations, with appropriate relief. Amends the Federal criminal code to impose criminal penalties upon any individual who knowingly and without authorization uses the Internet domain name of another person in connection with the sending of e-mail messages and, as a result of such conduct, causes damage to a computer or a computer system or network.
United States · United States Congress · 10 June 1999
National Uniformity for Food Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA, as amended by this Act, or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 27 May 1999
Export Enhancement Act of 1999 - Sets forth policy recommendations for the Overseas Private Investment Corporation (OPIC) and the International Trade Administration (ITA). Amends the Foreign Assistance Act of 1961 to extend through FY 2003 OPIC's authority to issue investment insurance and guarantees. Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of U.S. private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant U.S. export potential, such as energy, transportation, telecommunications, and environment. Authorizes appropriations. Authorizes appropriations to the ITA for its Market Access and Compliance program, Trade Development program, and Commercial Service program. Directs the Secretary of Commerce to take steps to ensure the appointment of United States and Foreign Commercial Service employees in no fewer than ten sub-Saharan African countries, including the adequate appointment of personnel for South and Central America and the Caribbean, in order that U.S. businesses are made aware of existing market opportunities for goods and services. Directs the ITA to undertake the Global Diversity and Urban Export Initiative in order to increase exports from minority-owned businesses, focusing on businesses in under-served areas, including inner-city urban enterprise zones. Authorizes the ITA to advertise in newspapers, business journals, and other relevant publications and related media to inform businesses about ITA services. Revises the composition of the OPIC Board of Directors. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee (TPCC) to develop a Federal trade promotion plan that, among other things, shall: (1) ensure that all export promotion activities of the U.S. Agency for International Development are fully coordinated and consistent with those of other agencies; (2) identify the means for providing more coordinated export promotion services to small and medium-sized businesses; and (3) establish a set of priorities to promote U.S. exports to, and free market reforms in, the Middle East, Africa, Latin America, and other emerging markets, that are designed to stimulate job growth both in the United States and those regions and emerging markets. Requires the TPCC to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; and (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities.
United States · United States Congress · 27 May 1999
National Retail Sales Tax Act of 1999 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code. (Sec. 4) Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the Unites States for use or consumption outside of the Unites States, provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Defines "purchased for a business purpose in an active trade or business" as property or services: (1) purchased for resale; (2) purchased to produce property or services; or (3) purchased in furtherance of other bona fide business purposes. Sets forth rules relating to the obligation of governmental units and not-for-profit organizations to collect, remit, and pay taxes. Sets forth provisions concerning credits and refunds. Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit. Provides for installment payments of the tax on the purchase of a principal residence. Allows an eligible family unit to receive a sales tax rebate. Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a lawful U.S. resident. Declares that no individual shall be considered part of more than one family unit. Sets forth definitions and special rules concerning such things as: (1) foreign financial intermediation services; (2) financing leases; and (3) installment sales. Imposes a 15 percent tax on gaming services. Directs an administering State to administer, collect, and remit to the U.S. Treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State. Defines an administering State as one which maintains a specified conforming sales tax and enters into a specified cooperative agreement with the Secretary. Provides for administrative support for States. Sets forth provisions concerning, among other things: (1) monthly reports and payments; (2) records; (3) penalties; (4) appeals; (5) accounting; and (6) hobby activities. Authorizes the Secretary of the Treasury to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States. (Sec. 5) Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2003. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax. (Sec. 6) Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes beginning in 2001. (Sec. 7) Sets forth provisions concerning: (1) the self- employment tax; (2) the indexing of social security benefits; (3) compensating payments to individuals on fixed incomes; and (4) the interest rate on tax underpayments and overpayments. (Sec. 11) Requires a supermajority in the House of Representatives or the Senate to raise rates.
United States · United States Congress · 25 May 1999
Bring Them Home Alive Act of 1999 - Directs the Attorney General to grant refugee status in the United States to any alien (and the parent, spouse, and child of such) who: (1) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (2) personally delivers into U.S. custody a living American Vietnam War POW or MIA. Requires the granting of the same status to any alien (and parent, spouse, and child) who is a national of North Korea, China, or any of the independent states of the former Soviet Union and who personally delivers a living American Korean War POW or MIA. Directs the International Broadcasting Bureau to broadcast to such foreign countries information that promotes such refugee programs. Requires: (1) a minimum level of such broadcasting; and (2) the Bureau to ensure that such information is made available on the Internet. Expresses the sense of the Congress that RFE-RL, Inc., Radio Free Asia, and any other recipient of Federal grants that broadcasts to such countries should also broadcast such information.
United States · United States Congress · 25 May 1999
Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to terminate limitations on Federal election campaign contributions after 2000. Amends the Internal Revenue Code to terminate after December 31, 1999, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2000, and transfers any amounts remaining in the Fund to the general fund of the Treasury. Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government. Directs the FEC to make electronic filing of reports mandatory. Revises current deadlines for notification of contributions by a campaign committee. Applies such deadlines to each campaign committee of a candidate, not (as currently) just the principal campaign committee. Requires each political committee to notify, in writing, the appropriate office of any contribution (currently, of $1,000 or more) received by the committee during the period which begins on the 90th day before an election (currently, after the 20th day after, but more than 48 hours before, an election) and ends at the time the polls close for such election. Requires such notification to be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) (currently, within 48 hours) after receipt of the contribution. Requires the FEC to make report information available on the Internet and at FEC offices as soon as practicable after its receipt. Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions).
United States · United States Congress · 25 May 1999
Parents Know Best Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require parental notification and consent prior to enrollment of a child in a bilingual education program or a special alternative instructional program for limited English proficient students, if such program is assisted under ESEA.
United States · United States Congress · 25 May 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp in honor of the S.S. LANE VICTORY.
United States · United States Congress · 20 May 1999
Disapproves the rule submitted by the U.S. Postal Service relating to delivery of mail to a commercial mail receiving agency (as published in the Federal Register on March 25, 1999). Declares that such rule shall have no force or effect.
United States · United States Congress · 19 May 1999
Amends the Clean Air Act to incorporate specified provisions of transportation conformity regulations (regulations to determine conformity of Federal transportation programs with Federal and State implementation plans) as in effect on March 1, 1999.
United States · United States Congress · 4 May 1999
Civil Asset Forfeiture Reform Act - Amends the Federal criminal code to establish general rules relating to civil forfeiture proceedings. Requires that, in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute with respect to which the agency conducting a seizure of property must give written notice to interested parties, such notice be given within 60 days after the later of the date of the seizure or the date the identity of the interested party is first known or discovered by the agency, with an exception. Authorizes a person entitled to written notice to whom such notice is not given to void the forfeiture as to that person's interest in the property on motion unless the agency shows good cause for the failure to give notice or that the person had actual notice of the seizure. Directs the Government, if it does not provide notice, to return the property and not take any further action to effect the property's forfeiture. Authorizes any person claiming property seized in a nonjudicial forfeiture proceeding to file a claim with the appropriate official after the seizure within 30 days after the date of final publication of notice of seizure or, in the case of a person entitled to written notice, the date that notice is received. Requires that the claim state the claimant's interest in the property. Directs the Attorney General, within 90 days, to file a complaint for forfeiture in the appropriate court or return the property, except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties. Provides that if the Government does not file such a complaint it shall return the property and may not take further action to effect the forfeiture of such property. Allows any person to bring such a claim without posting bond. Provides that in any case where the Government files in the appropriate U.S. district court a complaint for forfeiture of property, any person claiming an interest in the seized property may file a claim asserting such person's interest in the property within 30 days of service of the Government's complaint or, where applicable, within 30 days of alternative publication notice. Requires a person asserting an interest in seized property to file an answer to the Government's complaint for forfeiture within 20 days of the filing of the claim. Authorizes the court to appoint counsel to represent that person with respect to the claim when the person filing a claim is financially unable to obtain representation by counsel. Directs the court: (1) in determining whether to appoint counsel to represent the person filing the claim, to take into account such factors as the claimant's standing to contest the forfeiture and whether the claim appears to be made in good faith or to be frivolous; and (2) to set the compensation for that representation, which shall be equal to that provided for court- appointed representation under the code. Authorizes appropriations. Places the burden of proof upon the Government, in all suits or actions brought under any civil forfeiture statute for the civil forfeiture of any property, to establish, by clear and convincing evidence, that the property is subject to forfeiture. Prohibits an innocent owner's interest in property from being forfeited under any civil forfeiture statute. Provides that, with respect to a property interest: (1) in existence at the time the illegal conduct giving rise to forfeiture took place, "innocent owner" means an owner who did not know of the conduct giving rise to forfeiture or who, upon learning of such conduct, did all that reasonably could be expected under the circumstances to terminate such use of the property; and (2) acquired after the conduct giving rise to the forfeiture has taken place, "innocent owner" means a person who, at the time that person acquired the interest in property, was a bona fide purchaser or seller for value or was a person who received an interest in property through probate and was, at the time of the purchase or receipt, reasonably without cause to believe that the property was subject to forfeiture. Provides that, where the property subject to forfeiture is real property, and the claimant uses the property as the claimant's primary residence and is the spouse or minor child of the person who committed the offense giving rise to the forfeiture, an otherwise valid innocent owner claim shall not be denied on the ground that the claimant acquired the interest in the property through dissolution of marriage or by operation of law, or as an inheritance upon the death of a parent and not through a purchase. Entitles a claimant to immediate release of seized property if: (1) the claimant has a possessory interest in the property; (2) the continued possession by the United States Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant; and (3) the claimant's likely hardship from such continued possession outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the preceding. Requires a claimant seeking release of property to request possession of the property from the appropriate official, setting forth the basis on which requirements of this Act are met. Authorizes the claimant, if within ten days after the date of the request the property has not been released, to file a motion or complaint in any district court that would have jurisdiction of forfeiture proceedings relating to the property setting forth the basis on which this Act's requirements are met and the steps the claimant has taken to secure release of the property. Directs the district court, if a motion or complaint is filed, to order that the property be returned to the claimant pending completion of proceedings by the Government to obtain forfeiture of the property, if the claimant shows that such requirements have been met. Authorizes the court to place such conditions on release of the property as appropriate to preserve the availability of the property or its equivalent for forfeiture. Requires the court to render a decision within 30 days after the date of the filing unless such period is extended by consent of the parties or by the court for good cause shown. (Sec. 3) Amends the Federal judicial code to authorize the use of funds in the Department of Justice Assets Forfeiture Fund for payment of: (1) court-awarded compensation for representation of claimants; and (2) compensation for property damages under the Civil Asset Forfeiture Reform Act. Repeals provisions of the Controlled Substances Act regarding expedited procedures for seized conveyances. (Sec. 4) Makes the Federal Tort Claims Act applicable to claims based on the negligent destruction, injury, or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer, if the property was seized for the purpose of forfeiture but the interest of the claimant is not forfeited. Authorizes the Attorney General, with respect to a claim that cannot be settled under tort claims procedures, to settle for not more than $50,000 in any case a claim for damage to, or loss of, privately owned property caused by an investigative or law enforcement officer who is employed by the Department of Justice acting within the scope of his or her employment, subject to specified limitations. (Sec. 5) Makes the United States liable for post-judgment interest upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any Act of Congress, but not for prejudgment interest, with exceptions.
![Official portrait of Rep. Packard, Ron [R-CA-48]](https://www.congress.gov/img/member/p000005_200.jpg)