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United States · Official source
2,741 records where Rep. Tauzin, W. J. (Billy) [R-LA-3] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 14 April 1999
Constitutional Amendment - Provides that three years after ratification of this amendment: (1) the 16th amendment to the U.S. Constitution is repealed; and (2) the Congress shall have no power to lay and collect taxes on incomes, except in time of war declared by the Congress.
United States · United States Congress · 12 April 1999
Amends the Internal Revenue Code to reduce from $18 to $9 (its pre-1991 level) the per-barrel tax on beer.
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
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
American Wetland Restoration Act - Amends the Federal Water Pollution Control Act to declare that it is national policy to: (1) achieve, through regulatory means that take into account that 75 percent of the wetlands in the contiguous United States are privately owned and that private property rights should not be unreasonably infringed and through nonregulatory opportunities involving all levels of government and supported by private initiatives, the conservation, creation, and restoration of wetlands to increase the quantity and quality of, and meet the interim goal of no overall net loss for the remaining, wetlands resource base of the contiguous United States, taking into account the status and trends of such base in particular regions and areas; and (2) foster wetlands mitigation banking as a means to mitigate the unavoidable loss of wetlands by providing a regulatory framework for the use of mitigation banking, making appropriate use of existing, successful programs, taking into account regional variations in wetlands conditions, functions, and values. Directs the Secretary of the Army to issue a mitigation bank charter to a person who, with respect to the project or projects to be included in the scope of the charter, meets specified criteria. Requires an applicant to submit an application signed by a responsible official which includes, at a minimum, information on such criteria. Sets forth provisions regarding annual reports, decision deadlines, and other procedural matters. Authorizes a mitigation bank, upon receipt of its charter, to offer mitigation credits for sale, subject to specified requirements. Authorizes the Secretary to provide additional guidance on the size and use of the service area and to resolve interstate disagreements. Authorizes an approved mitigation bank to provide compensatory mitigation for activities requiring authorization under this Act or provide required injunctive relief in an enforcement action by the Secretary or the Administrator of the Environmental Protection Agency. States a preference for in-kind compensation of wetlands impacts. Directs the Secretary and the Administrator to establish standards and criteria applicable to the use of on-site mitigation, in lieu fees, and other off-site mitigation as compensatory mitigation that are similar to those applicable to a mitigation bank. Sets forth reporting requirements. Allows a State that operates an approved program regulating the discharge of dredged or fill material into navigable waters to administer a wetland mitigation banking program in accordance with State procedures if such banking program is approved by the Administrator as part of the State's dredged or fill material program.
United States · United States Congress · 25 March 1999
Amends the Internal Revenue Code to make revisions concerning the treatment of tip income for specified services, including treating a limited amount of tips as property transferred by gift.
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 · 25 March 1999
Amends the Internal Revenue Code to extend from three to seven years the period for filing for a credit or refund of an overpayment of individual income tax.
United States · United States Congress · 25 March 1999
Declares that Congress should actively oversee the Health Care Financing Administration's administration of the Medicare (title XVIII of the Social Security Act) home health benefit.
United States · United States Congress · 24 March 1999
Savings and Investment Relief Act of 1999 - Amends the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission (SEC) from collecting transaction fees for FY 2000 through 2006 which in the aggregate exceed specified amounts for the following types of securities: (1) exchange-traded securities; (2) off-exchange trades of exchange registered securities; and (3) off-exchange trades of last-sale reported securities. Directs the SEC to publish annually in the Federal Register notice of such fee limitations and any suspension of fees. Sets a ceiling for the maximum amount of such transaction fees which may be deposited and collected as general revenue of the Treasury. Mandates that the balance of such fees which are not deposited as general revenue shall be deposited and credited as offsetting collections to the SEC appropriations account. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
United States · United States Congress · 18 March 1999
TABLE OF CONTENTS: Title I: Expanded Availability of Health Care Services Title II: Ticket to Work and Self-Sufficiency and Related Provisions Subtitle A: Ticket to Work and Self-Sufficiency Subtitle B: Elimination of Work Disincentives Subtitle C: Work Incentives, Planning, Assistance, and Outreach Title III: Demonstration Projects and Studies Title IV: Technical Amendments Work Incentives Improvement Act of 1999 - Title I: Expanded Availability of Health Care Services - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to provide opportunity for employed individuals with a medically improved disability to make such a buy. Provides that Federal funds paid to a State for medical assistance provided to such individuals may not generally be used to supplant the level of State funds expended for a fiscal year for programs to enable working disabled individuals to work. (Sec. 102) Provides for certain continuation of Medicare coverage for working individuals with disabilities. (Sec. 103) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support the working disabled as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes appropriations. (Sec. 104) Authorizes State demonstration projects for certain Medicaid coverage of up to a specified maximum number of workers with a potentially severe disability, coverage equal to that afforded under the State option provided for above for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid. Makes necessary appropriations. Title II: Ticket to Work and Self-Sufficiency and Related Provisions - Subtitle A: Ticket to Work and Self-Sufficiency - Amends part A (General Provisions) of SSA title XI to direct the Commissioner to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation services, or other support services, pursuant to an appropriate individual beneficiary work plan that meets specified requirements, at the Commission's expense, from a participating employment network, public or private, which: (1) meets specified qualifications and is under an agreement with the Commissioner who must select a program manager to assist in administering TWSSP; (2) is chosen by the beneficiary, and (3) is willing to accept assignment of the beneficiary's TWSSP ticket. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth special requirements applicable to cross-referral to certain State agencies and requirements relating to provision of services. Describes employment network payment systems. Provides that during any period for which an individual is using a TWSSP ticket, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review with regards to whether the individual is or is not disabled. Requires payments to employment networks to be made out of the social security trust funds in the case of ticketed SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) disability beneficiaries who return to work, or from the appropriation made available for making Supplemental Security Income (SSI) payments under SSA title XVI, in the case of SSI disability beneficiaries who return to work. Provides for allocation of other costs. (Sec. 202) Establishes within the Social Security Administration the Work Incentives Advisory Panel to advise the Commissioner with respect to TWSSP, and other Federal officials on related issues. Provides that the costs for carrying out this paragraph shall be paid from amounts available for the administration of SSA titles II and XVI, and shall be allocated among those amounts as appropriate. Subtitle B: Elimination of Work Disincentives - Amends SSA titles II and XVI to set forth a number of measures designed to eliminate work disincentives, namely prohibiting work activity as a basis for review of an individual's disability status and providing for expedited reinstatement of entitlement, or in the case of SSI, eligibility, to, respectively, OASDI and SSI disability benefits. Subtitle C: Work Incentives Planning, Assistance, and Outreach - Amends SSA title XI part A (General Provisions) to direct the Commissioner to establish a community-based work incentives outreach program for disabled beneficiaries that includes the provision of technical assistance to organizations and entities that are designed to encourage disabled beneficiaries to return to work. Provides that the costs of carrying out this subtitle shall be paid from amounts made available for administration of SSA titles II and XVI, and shall be allocated among such amounts as appropriate. (Sec. 222) Amends SSA title XI to authorize the Commissioner to make certain minimum payments in each State to the protection and advocacy system established under the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of providing services to disabled beneficiaries, services which may include advocacy or other services that such a beneficiary may need to secure or regain gainful employment. Provides for funding similar to that in the paragraph above, although subject to certain limitation. Title III: Demonstration Projects and Studies - Amends SSA title II to provide for a permanent extension of disability insurance program demonstration project authority. Directs the Commissioner to develop and carry out experiments and demonstration projects, subject to specified guidelines which include the authority to waive compliance with benefits requirements, with regard to various alternative methods of treating the work activity of individuals entitled to OASDI disability benefits, altering other limitations and conditions applicable to such individuals, and implementing sliding scale benefit offsets. Authorizes the Commissioner to expand the scope of any such experiment or demonstration project to include any group of OASDI benefit applicants with impairments that reasonably may be presumed to be disabling for purposes of such demonstration project, and may limit any such demonstration project to any such group of applicants, subject to the terms of such demonstration project which shall define the extent of any such presumption. (Sec. 302) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds to the extent provided in advance in appropriation acts. (Sec. 303) Directs the Comptroller General to conduct and report to the Congress on various described studies and other specified related matters, but chiefly studies concerning existing disability-related employment incentives and coordination of the OASDI disability insurance program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs, as well as on a study concerning the impact of the substantial gainful activity limit on return to work. Title IV: Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals. (Sec. 402) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) transfer from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments; (4) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (5) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 403) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage. (Sec. 404) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or development projects under SSA titles II and XVI. (Sec. 405) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems, among other changes allowing a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis.
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
Amends the Internal Revenue Code to allow small businesses (corporations, or S corporations, partnerships, or sole proprietorships meeting C corporation requirements) an increased deduction for meal and entertainment expenses. Waives the current limitation of such deduction to 50 percent of such expenses. Applies to small businesses the applicable percentage currently restricted to certain individuals subject to the hours of service limitations of the Department of Transportation, which ranges from 55 percent for taxable years beginning in 1998 or 1999 up to 80 percent for taxable years beginning in 2008 or thereafter.
United States · United States Congress · 17 March 1999
Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat). Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use. Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations. Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.
United States · United States Congress · 17 March 1999
Firefighter Investment and Response Enhancement (FIRE) Act - Authorizes the Director of the Federal Emergency Management Agency (FEMA) to make grants on a competitive basis to a variety of fire departments for any of a number of specified purposes, including: (1) hiring additional firefighting personnel; (2) training them; (3) funding creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies; (4) certifying fire inspectors; (5) establishing wellness and fitness programs for firefighting personnel; (6) funding emergency medical services; (7) acquiring additional firefighting vehicles and equipment, including personal protective equipment required by the Occupational Safety and Health Administration; (8) modifying fire stations, fire training facilities, and other facilities; (9) enforcing fire codes; (10) funding fire prevention programs; and (11) educating the public about arson prevention and detection. Requires the FEMA Director to establish an office to set specific criteria for the selection of grant recipients and administer the grants. Authorizes appropriations.
United States · United States Congress · 17 March 1999
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which may be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 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
Reforestation Tax Act of 1999 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Decreases the amortization period for reforestation expenditures.
United States · United States Congress · 11 March 1999
Constitutional Amendment - Requires that any bill, resolution, or other legislative measure changing the internal revenue laws shall require for final adoption in each House the concurrence of two-thirds of the Members of that House voting and present, unless the bill is determined at the time of adoption, in a reasonable manner prescribed by law, not to increase the internal revenue by more than a de minimis amount. States that for purposes of determining any increase, there shall be excluded any increase resulting from the lowering of an effective rate of any tax. Requires journal entry of any vote. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 11 March 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the U.S. Postal Service to prepare to issue a commemorative postage stamp in 2002 recognizing the 4-H Youth Development Program's centennial.
United States · United States Congress · 10 March 1999
Expresses appreciation and thanks to the U.S. Capitol Police officers for their hard work and long hours throughout the impeachment proceedings.
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
TABLE OF CONTENTS: Title I: Airport and Airway Improvements Title II: Airline Service Improvements Subtitle A: Service to Airports Not Receiving Sufficient Service Subtitle B: Regional Air Service Incentive Program Title III: FAA Management Reform Title IV: Family Assistance Title V: Safety Title VI: Whistleblower Protection Title VII: Miscellaneous Provisions Title VIII: National Parks Air Tour Management Title IX: Truth in Budgeting Title X: Aviation Spending Guarantee Aviation Investment and Reform Act for the 21st Century - Title I: Airport and Airway Improvements - Amends Federal Aviation law to reauthorize through FY 2004: (1) the Airport Improvement Program (AIP); and (2) the Federal Aviation Administration (FAA) Facilities and Equipment Program. Earmarks a specified amount for the voluntary purchase and installation of universal access systems. (Sec. 103) Amends the Federal Aviation Act of 1958 to authorize appropriations for FAA operations through FY 2004. Makes specified allocations, including for: (1) wildlife hazard mitigation measures and management of the wildlife strike database of the FAA; and (2) a university consortium established to provide an air safety and security management certificate program. Sets forth fiscal year limits on amounts appropriated from the Airport and Airway Trust Fund for certain aviation improvement programs. (Sec. 104) Makes specified allocations out of the Trust Fund for the aviation safety accelerated program. Authorizes the Secretary of Transportation through FY 2004 to make grants out of such amounts for eligible projects to: (1) reduce delays and congestion at airports and in the air traffic control system; (2) construct airport improvements or acquire air traffic equipment to enhance competition among air carriers; and (3) enhance air service to small and medium-sized communities. Directs the Secretary to establish innovative methods for processing, reviewing, and approving such projects in order to reduce, to the maximum extent practicable, the time required from an applicant's request for project approval through the completion of the project. (Sec. 105) Makes specified changes to the formula for crediting airport improvement fund amounts to the discretionary fund. Revises the apportionment of airport improvement fund amounts to sponsors of primary (including cargo only) airports and to the States for each fiscal year. Provides minimum apportionments for reliever and nonprimary commercial service airports. Authorizes the use of airport improvement funds apportioned to Alaska, Puerto Rico, or Hawaii for any of their public airports. Authorizes the use of State-apportioned airport improvement funds for integrated airport system planning that encompasses one or more primary airports. Authorizes the Secretary to permit the use of State highway specifications for airfield pavement construction using airport improvement funds at nonprimary airports serving certain aircraft provided safety will not be negatively affected and the life of the pavement will not be shorter than it would be if constructed using FAA standards. Increases the apportionment for airport improvement funds for airport noise compatibility programs. Authorizes the use of the supplemental apportionment of airport improvement funds for Alaska for any of its public airports. Repeals a certain limitation on the apportionment of airport improvement funds for commercial service airports in Alaska. (Sec. 106) Authorizes the Secretary to use certain unobligated funds to make discretionary grants for airport planning and development. (Sec. 107) Increases from 12 to 20 at any time the number of current or former military airports that may receive airport improvement funds. Increases the amount of discretionary funds that are available to designated sponsors of current or former military airports to construct, improve, or repair airport terminal building facilities and airport surface parking lots, fuel farms, utilities, hangers, and air cargo terminals (50,000 square feet or less). (Sec. 108) Revises U.S. policies regarding aviation programs to encourage the funding and use of integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices. (Sec. 109) Provides for an eligible agency to impose a passenger facility fee of more than three dollars (currently, one, two, or three dollars) on each airline passenger of a domestic or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, provided certain conditions are met. (Sec. 110) Prohibits the approval of a passenger facility fee or airport improvement grant for a covered airport (one that has more than .25 percent of the total number of passenger boardings each year at all commercial service airports, and at which one or two air carriers control more than 50 percent of the passenger boardings) unless it submits a competition plan containing certain airport gate and related facility information. (Sec. 111) Provides that the lesser of $15 million or 20 percent of small airport grant funds be set-aside for each of the next four fiscal years to assist sponsors of airports (not located in Alaska and serve aircraft designed for more than nine but less than 31 passenger seats) in meeting the safety terms in airport operating certificates. Requires the Secretary to notify the grant recipient that the source of the grant is from the small airport fund. (Sec. 112) Directs the Secretary to establish a pilot program to contract for air traffic control services at Level I air traffic control towers that do not qualify for the Contract Tower Program. Sets forth specified program requirements. Authorizes appropriations. (Sec. 113) Authorizes the Secretary to approve not more than 20 projects in which airport improvement grant funds may be used for innovative financing techniques for airport development projects. (Sec. 114) Directs the Secretary, in order to improve security at public U.S. airports, to carry out not less than one project to test and evaluate innovative airport security systems and related technology. (Sec. 115) Declares that the Government's share of costs shall be: (1) not more than 90 percent for airport improvement projects funded under the State block grant program; (2) 100 percent for airport security projects funded with airport improvement funds; and (3) in FY 2000, 100 percent for any airport improvement funded project at a nonprimary airport, or at a primary airport having less than .05 percent of the total number of passenger boardings each year at all commercial service airports. (Sec. 116) Prohibits the Secretary from requiring an eligible agency to impose a passenger facility fee in order to obtain a letter of intent with respect to airport development projects. (Sec. 117) Treats as an eligible airport-related project with respect to which an eligible agency may impose a passenger facility fee: (1) the construction of a terminal building (including aircraft fueling facilities adjacent to it); and (2) the costs of terminal development at an airport that did not have more than .25 percent of the total U.S. annual passenger boardings and at which total passenger boardings declined by at least 16 percent between 1989 and 1997. (Sec. 119) Requires the Secretary to publish notice in the Federal Register and provide an opportunity for comment before any modification can be made with respect to airport development project grant assurances made by an airport owner or operator (before December 29, 1987) with respect to the disposal of surplus property for the airport. Declares that the Secretary may only release an option of the United States for a reversionary interest in property conveyed to a public agency sponsoring an airport development project after providing notice and an opportunity for public comment. Requires any Federal, executive branch department, agency, or instrumentality to grant priority to a request by a public agency (except another Federal executive branch department, agency, or instrumentality) for surplus property for use at a public airport. Authorizes the Secretary to waive, without charge, a term of a gift of an interest in such property after providing notice and an opportunity for public comment and other conditions are met. (Sec. 120) Authorizes the Secretary to obligate airport improvement funds and amounts from the Trust Fund for any project to construct a new runway at an international airport. (Sec. 121) Extends the instrument landing system program through FY 2004. Directs the Secretary to maintain and upgrade Loran-C navigation facilities throughout the transition period to satellite-based navigation. (Sec. 122) Includes charter air transportation at an airport that is not in Alaska and serves aircraft designed for more than nine but less than 31 passenger seats within the eligible categories for issuance of an airport operating certificate. Directs the FAA Administrator to permit such airports to preclude scheduled passenger operations (including public chartered operations) if it notifies the Administrator that it does not intend to obtain a certificate. (Sec. 123) Directs the FAA Administrator to submit to specified congressional committees a copy of the annual budget estimates of the FAA (including line item justifications) at the same time such budget estimates are submitted to the House and Senate Committees on Appropriations. (Sec. 124) Revises the amount of certain funds apportioned to the discretionary and small airport funds. Authorizes the Secretary to distribute specified percentages of funds from the small airport fund for grants for projects at small hub airports, public-use airports, and certain commercial service airports. Requires the Secretary to give priority consideration to airport development projects to support operations by turbine powered aircraft (if the non-Federal share of project costs is at least 40 percent) when making small airport fund grants to sponsors of public-use airports. Declares that an airport development project shall remain eligible for funding from the discretionary fund (subject to the availability of funds) even though the airport's status changes from a primary to a nonprimary airport. Permits certain regulations to authorize a public agency to request waiver of a passenger facility fee for: (1) any class of domestic or foreign air carrier that enplanes not more than one percent of the total number of passengers enplaned annually at an airport; or (2) passengers enplaned on a flight to an airport with scheduled passenger service but fewer than 2,5000 passenger boardings each year, or in a community with a population of less than 10,000 and not connected by land to the National Highway System. (Sec. 125) Directs the FAA Administrator to conduct a study of the long term physical performance, safety implications, and environmental benefits of using recycled materials (including recycled pavements, waste materials, and byproducts) in aviation pavement. Authorizes appropriations. (Sec. 126) Repeals the pavement maintenance pilot program. Revises the definition of "airport development," for purposes of grant eligibility for airport development funds, to include routine work to preserve and extend the useful life of runways, taxiways, and aprons at nonprimary airports. Title II: Airline Service Improvements - Subtitle A: Service to Airports Not Receiving Sufficient Service - Repeals requirements under the Code of Federal Regulations (CFR) prohibiting the increase or decrease by the Administrator in the number of takeoffs and landings (the High Density Rule) at airports (except Ronald Reagan Washington National Airport). (Sec. 201) Authorizes the Secretary to grant exemptions from the High Density Rule to air carriers that provide nonstop air transportation using jet aircraft that comply with stage 3 noise levels and whose flights begin or end within 1,250 miles (perimeter rule) between Ronald Reagan Washington National Airport and an airport that has had less than two million enplanements or between Ronald Reagan Washington National Airport and a airport that does not have nonstop transportation. Requires the Secretary to treat all commuter air carriers that have cooperative agreements (including code share agreements with other air carriers) equally for determining eligibility for exemptions regardless of the form of the corporate relationship between the commuter air carrier and the other air carrier. (Sec. 202) Earmarks specified funds for: (1) the essential air service program; (2) air carriers to subsidize service to and from an underserved airport (not to exceed three years); (3) underserved airports to obtain jet aircraft service to and from the underserved airports; and (4) rural air safety at airports with less than 100,000 annual boardings. Authorizes appropriations. Requires the FAA Administrator to give priority in funding to airports in which the community will provide from local sources a portion of project costs. (Sec. 203) Waives the State or local contribution requirement with respect to the compensation of an air carrier providing air service to certain noneligible places. (Sec. 204) Directs the Secretary, in carrying out aviation policy, to consider, among other things, as being in the public interest and consistent with public convenience and necessity ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service. Subtitle B: Regional Air Service Incentive Program - Authorizes the Secretary to provide through one or more lenders guaranteed loans (including the extension of credit) to commuter air carriers (maximum seating capacity of 75 or less) for the purchase of regional jet aircraft which are to be used to provide service to underserved markets. Outline loan conditions and limitations, Including that: (1) the maximum amount guaranteed on a loan or extended on credit shall be no more than 50 percent, or $100,000; (2) such aircraft comply with certain Federal noise-level requirements; and (3) the air carrier agrees that the purchased aircraft be used to provide service to an underserved market. Authorizes the Secretary to make use of federal facilities and assistance in carrying out the incentive program. Terminates the Secretary's program authority five years after enactment of this Act. Authorizes appropriations. Title III: FAA Management Reform - Establishes the Air Traffic Control Oversight Board within the Department of Transportation. Sets forth the Board's responsibilities, including to oversee the FAA in its administration, management, conduct, direction, and supervision of the air traffic control system. (Sec. 303) Provides for the appointment, by the FAA Administrator, and with the approval of the Board, of a Chief Operating Officer for the air traffic control system. (Sec. 304) Provides that the Secretary (currently, by the President, and with the consent of the Senate) shall make subsequent appointments of Federal Aviation Management Advisory Council members. (Sec. 305) Directs the Secretary to develop and implement a coordinated environmental review process for aviation infrastructure projects that require the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (or any other environmental review or approval by operation of law). Sets forth the elements of such review process. (Sec. 306) Prohibits the FAA Administrator from issuing a proposed or final regulation that is likely to result in the expenditure by State, local, and tribal governments, or by the private sector, of $250 million (currently, $100 million) or more in aggregate (adjusted annually for inflation), or any regulation which is significant, unless the Secretary approves the issuance of the regulation in advance. (Sec. 307) Directs the Inspector General to conduct an assessment of the overall method of calculating FAA costs and attributing such costs to the user is reasonable. Authorizes appropriations. Title IV: Family Assistance - Amends Federal transportation law to revise provisions prohibiting unsolicited communication concerning potential action for personal injury or wrongful death by an attorney to an individual injured in an accident involving a domestic air carrier before the 45th day (currently, 30th day) following the accident to provide that such prohibition include accidents involving a foreign air carrier in the United States. Authorizes the National Transportation Safety Board (NTSB) to bring a civil action in a district court for violations committed under this title. (Sec. 401) Prohibits a State or political subdivision from preventing nonprofit organization employees with experience in disasters and post-trauma communication with families from providing mental health and counseling services within the 30 day period after an accident. Includes within the definition of "passenger" for purposes of the provision of assistance to families of passengers involved in aircraft accidents: (1) foreign air carrier employees aborad the aircraft; and (2) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight. (Sec. 402) Revises air carrier plans that provide assistance to the families of passengers involved in aircraft accidents to require them to include, at a minimum, an assurance that: (1) upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a preliminary passenger manifest for the flight involved in the accident; and (2) the air carrier will provide adequate training to air carrier employees and agents to meet the needs of survivors and family members following an accident. Prohibits the Secretary from approving an application of an air carrier for a certificate of public convenience and necessity unless the applicant has included, among other things, an agreement that in the event that the air carrier volunteers assistance to U.S. citizens within the United States in the case of an aircraft accident outside the United States involving major loss of life, the air carrier will consult with the NTSB and the Department of State on the provision of such assistance. Declares that an air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of an air carrier in providing information concerning a flight reservation. (Sec. 403) Makes similar changes to foreign air carrier plans. Title V: Safety - Directs the FAA Administrator to require by regulation that collision avoidance equipment (TCAS-II) be installed on each cargo aircraft with a payload capacity of 15,000 kilograms or more. (Sec. 502) Declares that an air carrier does not need to obtain the employment records of an applicant pilot who has been employed by a branch of the U.S. armed forces, the National Guard, or reserve before allowing such individual to begin service as a pilot. Provides for electronic access to the employment records of FAA air pilots. (Sec. 503) Provides for the enforcement of whistleblower laws for FAA employees. (Sec. 504) Directs the FAA Administrator to issue guidelines and encourage the development of air safety risk management programs throughout the aviation industry, including self-audits and self- disclosure programs. (Sec. 505) Directs the FAA Administrator to issue a notice of proposed rulemaking: (1) to develop procedures to protect air carriers and their employees from civil enforcement actions under the Flight Operations Quality Assurance program; and (2) on implementing a certain section of title 49 relating to the issuance of airport operating certificates for small scheduled passenger air carrier operations. (Sec. 507) Directs the FAA Administrator to conduct a rulemaking proceeding to require the safe disposition of life-limited parts removed from an aircraft. Sets forth civil penalties. (Sec. 508) Subjects to a civil penalty of up to $25,000 any individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft. Title VI: Whistleblower Protection - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to air safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to air safety. Sets forth a department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Provides for award of attorney's fees of up to $5,000 to a prevailing employer for any such complaint found frivolous or brought in bad faith. Specifies civil penalties for violation of this Act. Title VII: Miscellaneous Provisions - Amends Federal transportation law to provide that a proposal under a competitive bid process that is in the possession of the FAA Administrator may not be made available to the public under the Freedom of Information Act, with a specified exception. (Sec. 703) Authorizes the FAA Administrator to make a multiyear contract of not more than ten years (currently, such contracts for the procurement of goods and services are limited to no more than five years) for telecommunication services that are provided through the use of a satellite if the FAA Administrator finds that the longer contract period would be cost beneficial. (Sec. 704) Provides that a proposed change to the FAA personnel management system that has not lead to an agreement between the FAA employee bargaining unit and the Federal Mediation and Conciliation Service shall not become effective until 60-days after the FAA Administrator has submitted the change to Congress. Provides that such period shall not include any period during which Congress has adjourned sine die. Authorizes FAA employees who have been the subject of a major adverse personnel action to contest such action either through any contractual grievance procedure through the employee's collective bargaining unit or through the FAA's internal process relating to review of FAA major adverse personnel actions (under the Guaranteed Fair Treatment or a specified section of the Department of Transportation and Related Agencies Appropriations Act, 1996. Requires such employees who can contest such personnel action through more than one forum to elect the appropriate forum (no more than one). Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to authorize FAA employees under the new FAA personnel management system to appeal to the Merit Systems Protection Board and seek judicial review of Board decisions. (Sec. 705) Amends Federal transportation law to prohibit domestic (including interstate) air carriers and foreign air carriers from discriminating against an air passenger on the basis of race, color, national origin, religion, or sex. Prohibits foreign air carriers from discriminating against handicapped individuals. Provides a civil penalty for violations committed against handicapped individuals. Directs the Secretary to work with appropriate international organizations and the aviation authorities of other nations to establish higher standards, if appropriate, to accommodate handicapped air passengers, particularly with respect to foreign air carriers that code share with domestic air carriers. (Sec. 706) Authorizes the FAA Administrator to make improvements to real property leased for an air navigation facility, regardless of whether the cost of making such improvements exceeds the cost of leasing such property, provided certain requirements are met. (Sec. 707) Authorizes the FAA Administrator to enter into bilateral agreements with the aeronautical authorities of another country to exchange with that country all or part of their respective safety oversight functions and duties with respect to certain domestic and foreign aircraft. (Sec. 708) Provides for the availability of airman certificate records to the public. (Sec. 709) Authorizes a person to file with the NTSB a petition for a ten-day emergency stay of emergency orders revoking an airman's certificate. (Sec. 712) Directs the FAA Administrator to establish new fees for, among other things, FAA services to any entity obtaining such services outside the United States (except no fee shall be imposed for production-certification related service performed outside the United States). (Sec. 714) Directs the FAA Administrator to study, and submit the results to Congress on, the feasibility of requiring U.S. airports to install enhanced vision technologies to replace or enhance conventional landing light systems over a ten-year period. Includes the installation of such technologies at airports as an activity eligible for airport development project funds. (Sec. 715) Amends the Airport Noise and capacity Act to make foreign air carriers eligible for a waiver from stage three noise level requirements for certain aircraft. Authorizes the Secretary to provide a procedure under which a person may operate a stage one or stage two aircraft in nonrevenue service to or from a U.S. airport in order to: (1) sell the aircraft outside the United States; (2) sell the aircraft for scrapping; or (3) obtain modifications to the aircraft to meet stage three noise levels. (Sec. 718) Extends the Secretary's authority to approve an application of the Metropolitan Washington Airports Authority: (1) for airport development project grants; or (2) to impose a passenger facility fee. (Sec. 719) Declares that a memorandum of agreement between the FAA Administrator and any person that directly obtains aircraft situational display data shall require that such person: (1) demonstrate the capability of selectively blocking the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and (2) agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon FAA request. (Sec. 720) Authorizes the Secretary to hire additional personnel to eliminate the backlog of pending equal employment opportunity complaints to the department of Transportation (DOT) and to ensure that investigations of complaints are completed no later than 180 days after the initiation of the investigation. Authorizes appropriations. (Sec. 721) Directs the Secretary, subject to specified conditions, to waive any term contained in the deed of conveyance with respect to airport property that is no longer required for purposes of the Newport News-Williamsburg International Airport. (Sec. 722) Authorizes the City of Los Angeles Department of Airports to grant an easement to the California Department of Transportation to lands required to provide a right-of-way for the construction of the California State Route 138 bypass. (Sec. 723) Declares that flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations. Directs the FAA Administrator to conduct a rulemaking proceeding to modify the general operating and flight rules by establishing special rules requiring Alaska guide pilots to: (1) operate aircraft inspected no less often than after 125 hours of flight time; (2) participate in an annual flight review; (3) have at least 500 hours of flight time as a pilot; (4) have a commercial rating; (5) hold at least a second-class medical certificate; and (6) hold a letter of authorization certifying that the pilot is in compliance with the rules issued by the Administrator. (Sec. 725) Extends, through December 31, 2004, the aviation war risk insurance program. (Sec. 726) Amends the centennial of Flight Commemoration Act to include as one of the duties of the Centennial of Flight Commission to publish popular and scholarly works related to the history of aviation or the anniversary of the centennial of powered flight. Requires the Commission to adopt a policy to protect against possible conflicts of interest involving its members and employees. Requires Commission duties to be carried out by the Administrator of the National Aeronautics and Space Administration (NASA). (Sec. 727) Directs the FAA Administrator to establish a pilot program to test and evaluate the benefits of long-term capital leasing contracts of aviation equipment and facilities. (Sec. 729) Directs the Secretary to: (1) establish an Aircraft Repair and Maintenance Advisory Panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities located within, or outside of, the United States; and (2) seek the advice of the panel on methods to increase safety by improving the oversight of aircraft repair facilities. Directs the Secretary to require, by regulation, domestic and foreign air carriers and repair facilities to submit certain information (including the existence of employee drug and alcohol testing programs at foreign repair facilities) in order to assess balance of trade and safety issues with respect to work performed on aircraft used by domestic and foreign carriers and corporate operators. Requires the Secretary to make such information available to the public. Title VIII: National Parks Air Tour Management - National Parks Air Tour Management Act of 1999 - prohibits a commercial air tour operator from conducting commercial air tour operations over a national park or tribal lands, except in accordance with this Act, conditions prescribed for that operator by the FAA Administrator, and with any commercial air tour management plan for the park or tribal lands. (Sec. 803) Sets forth specified requirements with respect to: (1) the granting of authority to commercial air tour operators to conduct air tour operations over national parks or tribal lands, with specified exceptions; and (2) establishment of commercial air tour management plans. Exempts from the requirements of this Act: (1) the Grand Canyon National Park, or any Indian country within or abutting such park; or (2) any land or waters located in Alaska. (Sec. 804) Directs the FAA Administrator and the Director of the National Park Service (Director) to establish, jointly, an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours over and near national parks. (Sec. 805) Directs the FAA Administrator to report to Congress on the effects proposed overflight fees are likely to have on the commercial air tour industry. Directs the FAA Administrator and the Director to report jointly to Congress on the effectiveness of this Act in providing incentives for the development and use of quiet aircraft technology. Title IX: Truth in Budgeting - Truth in Budgeting Act - Prohibits the receipts and disbursements of the Airport and Airway Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman- Hollings Act). Amends Federal aviation law to require the Secretary to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year. Title X: Aviation Spending Guarantee - Amends the Balanced Budget and Emergency deficit Control Act of 1985 to establish discretionary spending categories in budget authority and outlays for the traditional aviation general fund (FAA operation account (69-1301- 0-1-402)) for FY 2000 through 2004 (including adjustment for inflation). Provides for the reduction in discretionary spending limits for budget authority and outlays for FY 2000 through 2002. (Sec. 1002) Prohibits the Director of the Office of Management and Budget (OMB) from making any estimates of changes in direct spending outlays and receipts for any fiscal year resulting from this title. (Sec. 1003) Sets forth FAA guaranteed spending levels for budget resources for FY 2000 through 2004 (including adjustments to align with revenues). Authorizes appropriations for the AIP program. Sets forth estimated aviation income levels for FY 2000 through 2004.
United States · United States Congress · 2 March 1999
Access to Emergency Medical Services Act of 1999 - Provides that if a group health plan or health insurance coverage offered by a health insurance issuer provides any benefits with respect to emergency services, the plan or issuer shall cover such services: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating provider with respect to such services; (3) in a manner so that if such services are provided by a nonparticipating provider, the participant, beneficiary, or enrollee is not liable for amounts that exceed the liability that would be incurred if the services were provided by a participating provider; and (4) without regard to any other term or condition of such plan or coverage (other than exclusion or coordination of benefits, a specified affiliation or waiting period, and applicable cost sharing). Requires such plans or issuers, in the case of maintenance or post-stabilization care services other than emergency services, to provide for reimbursement for services provided by nonparticipating providers in a manner consistent with specified guidelines relating to promoting efficient and timely coordination of maintenance and post-stabilization care of an enrollee under the Social Security Act or such guidelines as the Secretary of Health and Human Services shall establish. Requires information regarding coverage of emergency services to be made available annually by plans and issuers. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to deem requirements of the Access to Emergency Medical Services Act of 1999 to be incorporated into such Acts and the Internal Revenue Code.
United States · United States Congress · 1 March 1999
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.
United States · United States Congress · 25 February 1999
Security and Freedom through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or median use. Provides that neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be: (1) built into computer hardware or software for any purpose; (2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or any State to receive it; or (3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. Makes exceptions with respect to investigative or law enforcement officers and members of the intelligence community. Provides that neither the Federal Government nor a State may require the use of encryption products, standards, or services (products) for: (1) confidentiality purposes, as a condition of the use of such products for authenticity or integrity purposes; or (2) authenticity or integrity purposes, as a condition of the use of such products for confidentiality purposes. Sets penalties for the unlawful use of encryption in furtherance of a criminal act. Specifies that the use of encryption shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Provides that after a one time, 50-day technical review by the Secretary, no export license may be required (with exceptions) for or in the export of specified computer hardware, software, computing devices, telecommunication devices, technical assistance and data, and encryption hardware, software, or computing devices. Authorizes the Secretary, after a one time, 15-day technical review, to authorize the export or reexport of computer hardware, software, or computing devices with encryption capabilities for nonmilitary and end uses in any country: (1) to which exports of computer hardware, software, or computing devices of comparable strength are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such computer equipment will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without authorization by the United States; or (2) if the Secretary determines that a computer hardware, software, or computing device offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. Directs that any encryption product not requiring an export license as of this Act's enactment date, as a result of administrative decision or rulemaking, shall not require an export license on or after such date. (Sec. 4) Directs: (1) the Attorney General to compile, and maintain in classified form, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce U.S. criminal laws; and (2) that such information be made available, upon request, to any Member of Congress.
United States · United States Congress · 25 February 1999
Save Our Satellites Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to establish different predictive models for making determinations of the television broadcast signal boundaries of areas within the Grade B Contour of television broadcast stations for purposes of such Act and other Federal statutes and regulations. Requires any subscriber who, on February 24, 1999, is receiving from a satellite carrier for private home viewing secondary transmissions of programming contained in a primary transmission made by a network station, to be treated, during the period beginning on such date and until the FCC completes the above action, as residing in an unserved household for purposes of Federal copyright license requirements for secondary transmissions by satellite carriers.
United States · United States Congress · 25 February 1999
Amends the Internal Revenue Code to change the determination of the 50,000 barrel-per-day refinery limitation concerning the oil depletion deduction to a 50,000 annual average daily basis limitation.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 25 February 1999
Death Tax Elimination Act - Amends the Internal Revenue Code to phase-out the estate and gift tax over a ten-year period.
United States · United States Congress · 24 February 1999
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
Amends the Internal Revenue Code to establish a limited employer tax credit for information technology training program expenses.
United States · United States Congress · 24 February 1999
Constitutional Amendment - Declares that Congress shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 23 February 1999
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 11 February 1999
Gun Retention Act of 1999 - Amends the Federal criminal code to set penalties for knowingly taking or attempting to take a firearm from a law enforcement officer against that officer's will while such officer is engaged in the performance of official duties. Imposes: (1) a fine and ten to 15 years' imprisonment for such an offense other than an attempt or for such an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer); and (2) a fine and five to ten years' imprisonment for any other offense that is an attempt. Prohibits such a term of imprisonment from running concurrently with any other term imposed with respect to the same criminal episode.
United States · United States Congress · 11 February 1999
Amends the Internal Revenue Code to extend, for five years, the credit for producing energy from wind.
United States · United States Congress · 11 February 1999
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council. Revises related fee provisions to: (1) apply such fees to manufactured home manufacturers (currently fees apply to manufacturers, distributors, and dealers); and (2) establish in the Treasury the Manufactured Housing Fees Trust Fund.
United States · United States Congress · 11 February 1999
Distilled Spirits Tax Payment Simplification Act of 1999 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Marriage Tax Elimination Act of 1999 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 10 February 1999
Expresses Congress' opposition to any deployment of U.S. ground forces into the Serbian province of Kosovo for peacemaking or peacekeeping purposes.
United States · United States Congress · 4 February 1999
Authorizes the President, on behalf of the Congress, to award a gold medal to Rosa Parks, in recognition of her contributions to the Nation.
United States · United States Congress · 4 February 1999
Declares that: (1) the final political status of the territory controlled by the Palestinian Authority can only be determined through negotiations and agreement between Israel and the Palestinian Authority; (2) any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition; and (3) the President should unequivocally assert U.S. opposition to the unilateral declaration of a Palestinian state.
United States · United States Congress · 3 February 1999
Fairness and Voluntary Arbitration Act - Requires each party to a sales and service contract that provides for the use of arbitration in resolving controversies to have the option to reject arbitration as the means of settling a controversy. Requires the arbitrator, whenever arbitration is elected to settle a dispute under such a contract, to provide the parties with a written explanation of the factual and legal basis for the award.
United States · United States Congress · 3 February 1999
Wireless Privacy Enhancement Act of 1999 - Amends the Communications Act of 1934 to prohibit modifying any electronic communication device, equipment, or system in a manner which causes it to fail to comply with regulations governing electronic eavesdropping devices. Directs the Federal Communications Commission (FCC) to prescribe regulations (and review and revise them when necessary in response to changes in technology and behavior) denying equipment authorization for any scanning receiver capable of: (1) receiving transmissions in frequencies allocated to the domestic cellular or personal communications service; (2) being readily altered to receive such transmissions; (3) being equipped with decoders that convert domestic cellular or personal communications service or protected specialized mobile radio service transmissions to analog voice audio, or which convert protected paging service transmissions to alphanumeric text; or (4) being equipped with devices that otherwise encode encrypted radio transmissions for purposes of unauthorized interception. Directs the FCC, with respect to scanning receivers capable of receiving transmissions in frequencies used by commercial mobile services and that are shared by public safety users, to examine methods and prescribe regulations to enhance the privacy of users of such frequencies. Requires tampering prevention measures and warning labels to be considered by the FCC in prescribing such regulations. Applies penalties for the unauthorized publication or use of electronic communications to the unauthorized receipt, intentional interception, or divulgence of any such communication. Directs the FCC to investigate alleged violations and proceed to initiate action to impose forfeiture penalties.
United States · United States Congress · 3 February 1999
Hope for Children Act - Amends the Internal Revenue Code to: (1) increase the amount allowable for qualified adoption expenses; (2) permanently extend the credit for adoption expenses; and (3) adjust the limitations on such credit for inflation.
United States · United States Congress · 2 February 1999
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 2 February 1999
Wireless Communications and Public Safety Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) (and any other agency or entity to which the FCC has delegated such authority) to designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Applies such designation to both wireline and wireless telephone service. Requires the FCC to provide technical support to States for the deployment and functioning of a comprehensive emergency communications infrastructure, including enhanced wireless 911 service, on a coordinated statewide basis. (Sec. 4) Provides immunity from liability, to the same extent as provided to local telephone exchange companies, for providers of wireless 911 service. Provides immunity for users of wireless 911 service to the same extent as provided to users of 911 service that is not wireless. (Sec. 5) Authorizes telecommunications carriers to: (1) provide call location information concerning the user of a commercial mobile service to providers of emergency services, or to inform such user's legal guardian or family members of the user's location in an emergency situation involving the risk of death or serious bodily injury; and (2) transmit automatic crash notification system information as part of the operation of such a system. Requires the express prior customer authorization of the use of either of the above information for other than the stated purposes.