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Bill· SS. 908 (106th)referred
United States · United States Congress · 28 April 1999
TABLE OF CONTENTS: Title I: National Food Safety Program Title II: Research and Education Title III: Enforcement Title IV: Authorization Consumer Food Safety Act of 1999 - Title I: National Food Safety Program - Finds that persons who produce or process food for human consumption are responsible for preventing or minimizing food safety hazards. Mandates a national program to protect public health by ensuring that the food industry has effective safety programs for food consumed in the United States. Includes in required program elements: (1) oversight procedures; and (2) the quarterly inspection of facilities. (Sec. 102) Requires that any food processing facility, including the facility of an importer, register. (Sec. 103) Mandates regulations: (1) setting standards for sanitation and tolerances for biological, chemical, and physical hazards; (2) requiring process controls, recordkeeping, and sampling; and (3) providing for agency records access. (Sec. 104) Mandates tolerances (including indicators) for contaminants, except for pesticide residues or food additives regulated under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). (Sec. 105) Mandates unannounced inspections at least quarterly of processing and handling facilities. (Sec. 106) Authorizes assistance to a State in planning and implementing a food safety program (including advice, technical and laboratory assistance and training, and financial aid). Authorizes, under agreements with Federal, State, or local agencies, on a reimbursable basis or otherwise, use of the personnel, services, and facilities of such agencies. (Sec. 107) Mandates a comprehensive and efficient system to ensure imported food safety, including routine inspections of processing facilities in exporting nations and of imports at ports of entry. Prohibits importing, or withdrawing from a warehouse for U.S. consumption, a food that appears to be in violation of a food safety law. Deems foods not so prohibited to be, and requires that they be treated (except for origin labeling) as, domestic. Authorizes the Secretary of Health and Human Services to enter into an agreement with any nation desiring to export food to the United States. Sets forth requirements for the agreement, including that the exporting nation agree to reciprocity regarding the treatment of food imports and exports between the United States and the exporting nation. Title II: Research and Education - Mandates: (1) inclusion of food in an active surveillance system and more accurate assessment of the frequency and sources of U.S. human illness associated with food; (2) establishment of guidelines for a sampling system; and (3) ranking of food categories based on their hazard to public health and identification of industry and regulatory approaches to minimize hazards. (Sec. 202) Requires: (1) a national food safety public education program; (2) regional and national food safety advisories; (3) standardized written and broadcast advisory formats; and (4) incorporation of State and local advisories into the national program. (Sec. 203) Mandates research to assist in the implementation of this Act. Title III: Enforcement - Amends the FDCA to require any person (other than an intended consumer) with a reasonable basis for believing that any food in interstate commerce (or held for sale after interstate shipment) may be in violation of a food safety law to notify the Secretary of the food's identity and location. Provides, if the Secretary finds that there is a reasonable probability that the food, if consumed, would present a public health threat, for voluntary and mandatory recalls. Authorizes civil monetary penalties for violations of this Act. Prohibits retaliation against employee or other whistleblowers or against a person who refuses to violate a law, rule, or regulation (authorizing such a person to file a complaint for enforcement of such protections, or to use alternative dispute resolution procedures). Applies specified FDCA provisions to this Act for this Act's administration and enforcement. Authorizes the Secretary to impose traceability requirements on a type or class of food when necessary to assure the protection of public health. Allows any person to commence a civil action against: (1) any person who violated any rule, tolerance, order, or other action of the Secretary to ensure food safety; or (2) the Secretary for alleged failure to perform any nondiscretionary act or duty. Makes the remedy for any foreign facility that violates a food safety law the suspension of registration under this Act. Title IV: Authorization - Authorizes appropriations to carry out this Act, including authorizations: (1) to States for the State program assistance; and (2) for the research program.
Bill· HRH.R. 1592 (106th)open
United States · United States Congress · 28 April 1999
Regulatory Fairness and Openness Act of 1999 - Requires the Administrator of the Environmental Protection Agency to conduct a transition analysis report with respect to pesticide tolerances before releasing any product safety information to the public, or making final tolerance decisions. Includes within such report's requirements a description of the extent to which specified assumptions have been used to support findings or regulatory recommendations. (Sec. 5) Sets forth interim review or reassessment procedures. (Sec. 6) Requires the Administrator to issue within one year of enactment of this Act final implementing rules for tolerances and exemptions for pesticide chemical residues. (Sec. 7) Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator to issue guidelines specifying required data in support of tolerances and exemptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for related notice and opportunity for hearing. (Sec. 8) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for an expedited replacement product registration process. Amends the Federal Food, Drug, and Cosmetic Act to authorize an expedited tolerance for an emergency exemption if no significant (food) consumer risk exists. (Sec. 9) Requires the Administrator and the Secretary of Agriculture to report with respect to related pesticide, residue, and food use priorities and resources. (Sec. 10) Requires the Secretary to develop a program to monitor the competitive international market strength of major U.S. agricultural commodity sectors. (Sec. 11) Establishes the Pesticide Advisory Committee.
Bill· HRH.R. 1612 (106th)referred
United States · United States Congress · 28 April 1999
Consumer Food Safety Act of 1999 - Title I: National Food Safety Program - Declares that persons who produce or process food for human consumption are responsible for preventing or minimizing food safety hazards. Mandates a national program to protect human health by ensuring that the food industry has effective safety programs for food consumed in the United States. Includes in required program elements: (1) oversight procedures; and (2) health-based standards for possible food contaminants and safety and sanitation in food processing and handling. (Sec. 102) Requires that any food processing facility and importer register. (Sec. 103) Mandates regulations: (1) setting standards for sanitation and tolerances for biological, chemical, and physical hazards; (2) requiring process controls, recordkeeping, and sampling; and (3) providing for agency records access. (Sec. 104) Mandates unannounced inspections at least quarterly of processing and importing facilities. (Sec. 105) Mandates tolerances (including indicators) for contaminants, except for pesticide residues regulated under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). (Sec. 106) Authorizes assistance to a State in planning and implementing a food safety program (including advice, technical and laboratory assistance and training, and financial aid). Authorizes, under agreements with Federal, State, or local agencies, on a reimbursable basis or otherwise, use of the personnel, services, and facilities of such agencies. (Sec. 107) Mandates a comprehensive and efficient system to ensure imported food safety, including routine inspections of processing facilities in exporting nations and of imports at ports of entry. Prohibits importing, or withdrawing from a warehouse for U.S. consumption, of a food that appears unsafe, adulterated, or misbranded, is not marked or labeled as required, or does not comply with this section. Deems foods not so prohibited to be, and requires that they be treated (except for origin labeling) as, domestic. Authorizes the Secretary of Health and Human Services to enter into an agreement with any nation desiring to export food to the United States. Sets forth requirements for the agreement, including that the exporting nation agree to reciprocity regarding the treatment of food imports and exports between the United States and the exporting nation.. Title II: Research and Education - Mandates: (1) inclusion of food in an active surveillance system and more accurate assessment of the frequency and sources of U.S. human illness associated with food; (2) establishment of guidelines for a sampling system; and (3) ranking of food categories based on their hazard to human health and identification of industry and regulatory approaches to minimize hazards. (Sec. 202) Requires: (1) a national food safety public education program; (2) regional and national food safety advisories; (3) standardized written and broadcast advisory formats; and (4) incorporation of State and local advisories into the national program. (Sec. 203) Mandates research to assist in the implementation of this Act. Title III: Enforcement - Amends the FDCA to require any person (other than an intended consumer) with a reasonable basis for believing that any food in interstate commerce (or held for sale after interstate shipment) may be in violation of this Act to notify the Secretary of the food's identity and location. Provides, if the Secretary finds that there is a reasonable probability that the food, if consumed, would present a public health threat, for voluntary and mandatory recalls. Authorizes civil monetary penalties for violations of this Act. Prohibits retaliation against employee or other whistleblowers or against a person who refuses to violate a law, rule, or regulation. Applies specified FDCA provisions to this Act for this Act's administration and enforcement. Authorizes the Secretary to impose traceability requirements on a type or class of food when necessary to assure the protection of public health. Allows any person to commence a civil action against: (1) any person who violated any rule, tolerance, order, or other action of the Secretary to ensure food safety; or (2) the Secretary for alleged failure to perform any nondiscretionary act or duty. Title IV: Authorization - Authorizes appropriations to carry out this Act.
Bill· HRH.R. 1617 (106th)referred
United States · United States Congress · 28 April 1999
Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to remove intrastate distribution restrictions on State-inspected meat and poultry by a specified date. Requires early waiver of such restrictions for States meeting specified inspection, reinspection, and sanitation criteria.
Bill· HRH.R. 1578 (106th)open
United States · United States Congress · 27 April 1999
Protect America's Agricultural Lands Act of 1999 - Expresses congressional findings with respect to private property and compensation rights and the care there must be in taking and restricting private agricultural land through wetlands declarations. Amends the Federal Water Pollution Control Act and the Food Security Act of 1985 to exempt from certain wetland conservation requirements privately-owned crop, range, or pasture lands that have been used for crop production or livestock grazing for at least five of the preceding ten years.
Bill· HRH.R. 1574 (106th)open
United States · United States Congress · 27 April 1999
Rabbit Inspection Act - Amends the Federal Meat Inspection Act to include within its coverage rabbits produced for human consumption.
Bill· SS. 860 (106th)referred
United States · United States Congress · 22 April 1999
Imported Produce Labeling Act of 1999 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Authorizes fines for violations of such provision.
Bill· HRH.R. 1524 (106th)open
United States · United States Congress · 22 April 1999
Public Forests Emergency Act of 1999 - Directs the Secretaries of Agriculture and the Interior to request authority to remove dead, downed, or severely root-sprung trees in a similar manner to arrangements approved for national forests and grasslands in Texas in 1998 for specified public and forest lands in: (1) Alaska; (2) Idaho; (3) Oregon; (4) South Dakota; (5) California; (6) Pennsylvania; (7) Mississippi; (8) Virginia; (9) Arkansas; (10) Louisiana; (11) North Carolina; (12) Kentucky; (13) Alabama (14) Tennessee; and (15) Florida.
Bill· HRH.R. 1522 (106th)open
United States · United States Congress · 22 April 1999
TABLE OF CONTENTS: Title I: Community Protection and Hazardous Fuels Reduction Title II: Other Matters Community Protection and Hazardous Fuels Reduction Act of 1999 - Title I: Community Protection and Hazardous Fuels Reduction - Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (areas of Federal land in close proximity to communities and human habitations) with hazardous fuels buildups and other forest management needs. (Sec. 104) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits. Authorizes appropriations. Title II: Other Matters - Directs the Secretary of Agriculture to establish: (1) at least two forest fire research centers at institutions of higher education with expertise in natural resource development; and (2) an advisory committee of fire and land managers and fire researchers. Requires at least one center to be located in: (1) Washington, Oregon, California, Idaho, or Nevada; and (2) Montana, Wyoming, Colorado, Utah, Arizona, or New Mexico.
Bill· HRH.R. 1523 (106th)open
United States · United States Congress · 22 April 1999
Forest Roads-Community Right-To-Know Act - Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice; and (2) provide for public notice and comment.
Bill· HRH.R. 1535 (106th)open
United States · United States Congress · 22 April 1999
Amends the Agricultural Market Transition Act to extend the milk price support program at current levels. Delays the effective date of the commercial dairy processor recourse loan program.
Bill· HRH.R. 1536 (106th)open
United States · United States Congress · 22 April 1999
Crop Insurance Improvement Act of 1999 - Amends the Federal Crop Insurance Act to specify expected market price criteria for revenue or production-based crop insurance. (Sec. 3) Provides for 75 percent additional coverage. (Sec. 4) Revises Federal Crop Insurance Corporation premium subsidy provisions, including by making provision for certain mandatory and discretionary payments. (Sec. 5) Defines "designated disaster area." Excludes from yield determinations at producer request any crop year during which the county in which the crop was grown (or adjacent county) was included in a designated disaster area. (Sec. 6) Provides elective average production history adjustments for producers who are working new land or new crops. (Sec. 7) Extends the pilot cost of production risk protection plan. Authorizes 90 percent coverage. (Sec. 8) Directs the Office of Risk Management to contract for a rating methodologies development pilot program. (Sec. 9) Directs the Corporation to carry out a pilot livestock coverage project. (Sec. 10) Revises the membership of the Corporation's Board of Directors.
Bill· HRH.R. 1504 (106th)open
United States · United States Congress · 21 April 1999
Plant Protection Act - Title I: Plant Protection - Prohibits a person from importing, exporting, or moving in interstate commerce an unauthorized plant pest. Authorizes the Secretary of Agriculture to permit such introduction or movement. Prohibits the unauthorized mailing, and knowing delivery by a mail carrier, of plant pests. (Sec. 102) Authorizes the Secretary to restrict the importation, movement, and means of conveyance of plants, plant products, biological control organisms, plant pests, and noxious weeds in order to prevent their U.S. introduction and interstate movement. Authorizes: (1) the Secretary to publish lists of noxious weeds and biological control agents; and (2) private petitions to add or remove listings. (Sec. 103) Directs the Secretary of the Treasury to notify the Secretary of such articles' arrival, and hold them at the port of entry until inspected and authorized for U.S. movement by the Secretary. Prohibits a person from moving unauthorized and uninspected articles from a port of entry or interstate. (Sec. 104) Authorizes: (1) the Secretary to take specified remedial and emergency measures either directly or by the owner, including treatment or disposal, to avoid dissemination of a plant pest or noxious weed; and (2) owner compensation for unauthorized disposals. (Sec. 107) Directs the Secretary to carry out a grasshopper and Mormon Cricket control program, including: (1) cost sharing for State and private land; and (2) personnel training. (Sec. 108) Authorizes the Secretary to make phytosanitary export certificates based upon foreign requirements. Title II: Inspection and Enforcement - Sets forth provisions with respect to: (1) inspections, warrants, and seizures, (2) information collection; (3) subpoena authority; (4) criminal and civil penalties; and (5) enforcement authority of the Attorney General. Title III: Miscellaneous Provisions - Authorizes the Secretary to enter into reimbursable fee agreements for preclearance outside the United States. (Sec. 305) States that this Act shall not apply to U.S. postal employees in the course of their duties. (Sec. 308) Repeals specified Acts. Title IV: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
Bill· SS. 839 (106th)referred
United States · United States Congress · 20 April 1999
Farmer Owned Reserve Restoration Act of 1999 - Amends the Agricultural Market Transition Act to restore the wheat and feed grain farmer owned reserve program. (Eliminates the provision suspending the program for such producers through crop or calendar year 2002.) Amends the Agricultural Act of 1949 with respect to the program to: (1) revise extended price support loan interest charge provisions; (2) permit advance storage payments and revise storage loan termination provisions; (3) reduce maximum commodity amounts; and (4) set forth prices (compared to loan rates) at which, and conditions under which, a producer may withdraw stored commodities.
Bill· HRH.R. 1493 (106th)open
United States · United States Congress · 20 April 1999
America's Agricultural Heritage Partnership Amendments of 1999 - Amends the Omnibus Parks and Public Lands Management Act of 1996 to transfer Federal responsibility and authority for the America's Agricultural Heritage Partnership in the State of Iowa from the Secretary of Agriculture to the Secretary of the Interior. Declares that this Act shall not affect the approval or continued vitality of the management plan prepared for establishment of the Partnership, and approved by the Secretary of Agriculture on July 8, 1998.
Bill· HRH.R. 1480 (106th)open
United States · United States Congress · 20 April 1999
TABLE OF CONTENTS: Title I: Water Resources Projects Title II: General Provisions Title III: Project-Related Provisions Title IV: Studies Title V: Miscellaneous Provisions Water Resources Development Act of 1999 - Title I: Water Resources Projects - Authorizes projects for navigation, flood control, environmental restoration, recreation, hurricane and storm damage reduction, ecosystem restoration, and navigation mitigation in Alaska, Arizona, California, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland and Virginia, Minnesota, New Jersey, Puerto Rico, and Texas. Authorizes projects for water resources development and conservation and related purposes, subject to a final report from the Army Corps of Engineers, in Alaska, California, Delaware and New Jersey, Florida, Georgia, Illinois, New Jersey, Oregon and Washington, Texas, and Washington. (Sec. 102) Directs the Secretary of the Army to conduct studies and carry out small flood control projects in California, Florida, Illinois, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, and Missouri. (Sec. 103) Directs the Secretary to conduct studies and carry out small bank stabilization projects in Indiana, New Jersey, New York, Ohio, and West Virginia. (Sec. 104) Directs the Secretary to conduct studies and carry out small navigation projects in Arkansas, California, Guam, Illinois, Indiana, Maine, New Jersey, and New York. (Sec. 105) Directs the Secretary to conduct studies and carry out small environmental restoration projects in California, Illinois, and Virginia. (Sec. 106) Directs the Secretary to conduct studies and carry out aquatic ecosystem restoration projects in California, Florida, Illinois, Mississippi, Missouri, New York, Ohio, Oregon, Pennsylvania, and Rhode Island and Massachusetts. Title II: General Provisions - Amends the Flood Control Act of: (1) 1948 to allow the construction of both small structural and nonstructural projects and to increase from $5 million to $7 million the maximum amount to be expended for any single project; (2) 1960 to provide that certain fee collection limitations shall not apply to funds voluntarily contributed by State and local governments and non-Federal public agencies for expanding the scope of services requested by such entities; and (3) 1936 to authorize the Secretary to use funds contributed by States and other political subdivisions for environmental restoration (currently, only flood control) work. (Sec. 204) Amends the Water Resources Development Act of 1992 to require that technologies selected for demonstration at a sediments decontamination project in the New York-New Jersey Harbor be intended to result in practical end-use products. Requires the Secretary to assist such project to ensure the availability of sufficient quantities of contaminated material. Increases the authorization of appropriations for such project to reflect costs for technology testing and commercialization and the development of full-scale processing facilities within the Harbor. (Sec. 205) Amends the River and Harbor Act of 1958 to: 1) include arundo within a comprehensive program for the control of aquatic growth; and (2) increase the annual authorization of appropriations for such program. Encourages the Secretary, under such program, to utilize contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities. (Sec. 206) Requires the Secretary to enter into continuing contracts with respect to a water resources project if initiation of construction has occurred but sufficient funds are not available to complete the project. (Sec. 207) States that competitive bid requirements applicable to certain defense contracts shall not apply with respect to a contract, agreement, or grant entered into between the Secretary and Marshall University or Juniata College in support of the Army civil works program. (Sec. 208) Amends the Water Resources Development Act of: (1) 1996 to permit studies undertaken by the Secretary concerning the Pacific region to include flood damage reduction and environmental restoration; (2) 1996 to extend through FY 2003 the Everglades and South Florida Ecosystem Restoration program; (3) 1992 to allow nonprofit entities to serve as the non-Federal interest for projects for beneficial uses of dredged material; (4) 1986 to require non-Federal interests to pay 25 percent of construction costs of a harbor project which has a depth in excess of 20 feet but not in excess of 53 (currently, 45) feet; (5) 1996 to allow nonprofit entities to serve as the non-Federal interest for aquatic ecosystem restoration projects and for watershed management, restoration, and development projects; and (6) 1996 to include for such watershed projects certain additional areas in California, Illinois, North Carolina, West Virginia, and Florida. (Sec. 214) Authorizes the Secretary to conduct projects to reduce flood hazards and restore the natural functions and values of rivers throughout the United States. Requires appropriate studies. Requires non-Federal interests to pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out. Outlines project selection criteria, policies, and procedures. Requires a report to specified congressional committees. Provides a cost limitation of $30 million on any single project. Authorizes appropriations. (Sec. 215) Authorizes the Secretary to review and report to specified congressional committees on Corps implementation of the shoreline management program. (Sec. 216) Authorizes the Secretary to provide to State and local governments assistance for remediation, restoration, or reuse when such action will contribute to the conservation of water and related resources of drainage basins and watersheds. Encourages the beneficial use of dredged material in connection with such assistance. Authorizes appropriations. (Sec. 217) Amends the River and Harbor Act of 1968 to authorize additional shore damage mitigation activities for the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, as well as Palm Beach County, Florida, and Galveston County, Texas. (Sec. 218) Amends the Water Resources Development Act of 1986 to provide the non-Federal share of construction costs for projects for periodic shore nourishment. Amends the Outer Continental Shelf Lands Act to prohibit a fee charge to a State or local government for the use of Outer Continental Shelf sand, gravel, and shell resources. Directs the Secretary to: (1) report to Congress on the state of U.S. shorelines; and (2) establish a national coastal databank for data on the geophysical and climatological characteristics of such shorelines. (Sec. 219) Amends the: (1) Flood Control Act of 1960 to direct the Secretary to coordinate with the Director of the Federal Emergency Management Agency (FEMA) and other appropriate agencies to ensure that flood control projects and plans are complementary and integrated; and (2) Water Resources Development Act of 1996 to extend through December 31, 2003, the authority to sell annual passes for the use of recreation facilities. (Sec. 221) Authorizes the Secretary to enter into cooperative agreements with non-Federal public bodies and nonprofit entities for facilitating collaborative efforts for environmental protection and restoration, natural resources conservation, and recreation in connection with the development, operation, and management of Army water resources projects. Requires a report. (Sec. 222) Amends the Water Resources Development Act of 1990 to provide for the calculation of benefits for a proposed project for nonstructural flood damage reduction. Allows current flood control projects to be reevaluated to consider nonstructural alternatives. (Sec. 223) Amends the Water Resources Development Act of 1986 to include certain lakes and ponds in California and New Hampshire as authorized projects under the lakes program. (Sec. 224) Amends the Water Resources Development Act of: (1) 1996 to allow non-Federal interests to carry out construction under flood control projects only if the Secretary approves such construction after reviewing construction studies and design documents; and (2) 1986 to limit the non-Federal share of first costs which may be satisfied through in-kind contributions in connection with fish and wildlife mitigation projects. (Sec. 226) Expresses the sense of Congress that all equipment and products purchased with funds made available under this Act should be American made. (Sec. 227) Amends the Water Resources Development Act of: (1) 1996 to authorize a shoreline protection project at Captiva Island, Florida; and (2) 1990 to reduce from 50 to 35 percent of project costs the required non-Federal share for removing contaminated sediments from U.S. navigable waters. Title III: Project-Related Provisions - Modifies projects for flood control, navigation, habitat restoration, water supply, shoreline protection, shore protection and harbor mitigation, beach erosion control, storm damage reduction and shoreline erosion protection, recreation, pedestrian access features, hurricane protection, levees, environmental infrastructure, mitigation of fish and wildlife losses, watersheds, canal system restoration, environmental restoration, and rediversion (together with certain study or report requirements and adjustments or extensions of authorization of appropriations, in some cases) in the Missouri River, Alaska, Arkansas, Louisiana, Oklahoma, and Texas, California, Delaware, New Jersey, and Pennsylvania, the District of Columbia, Florida, Illinois, Indiana, Maryland, Michigan, Mississippi, Missouri, Kansas, Iowa, and Nebraska, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Utah, Virginia, West Virginia, and West Virginia and Pennsylvania. (Sec. 363) Reauthorizes projects for flood control, shore protection, storm damage reduction, and navigation in Arkansas and Oklahoma, Florida, Michigan, North Dakota, and Tennessee. (Sec. 364) Deauthorizes navigation projects in Connecticut, Maine, and Massachusetts. (Sec. 365) Modifies: (1) a project for flood damage reduction on the American and Sacramento Rivers, California; and (2) a flood control project in Martin, Kentucky. Title IV: Studies - Directs the Secretary to conduct studies with respect to specified projects in the Upper Mississippi and Illinois Rivers, Arkansas, California, Florida, Illinois and Wisconsin, Louisiana, Massachusetts, New Mexico, New York, Ohio, Indiana, Michigan, Pennsylvania, South Carolina, South Dakota, Texas, West Virginia, the Great Lakes, and the Chesapeake Bay. Title V: Miscellaneous Provisions - Authorizes the Secretary to complete remaining portions of Natural Resources Conservation Service flood control projects at Llagas Creek, California, and Thornton Reservoir, Illinois. (Sec. 502) Amends the Water Resources Development Act of 1992 to authorize appropriations for construction assistance for specified projects in Georgia, New Jersey, and Virginia. (Sec. 503) Directs the Secretary to review sediment dredging technologies and to select the technology that will increase the effectiveness of removing contaminated sediments and significantly reduce contamination of the water column. Authorizes appropriations. (Sec. 504) Authorizes the Secretary to provide safety assistance at specified dams in California, Indiana, and Pennsylvania. Authorizes appropriations. (Sec. 505) Amends the Water Resources Development Act of 1990 to authorize nonprofit public or private entities to contribute all or a portion of the costs of Great Lakes remedial action plans. (Sec. 506) Authorizes the Secretary to undertake a program for the control of sea lampreys in and around waters of the Great Lakes. Authorizes appropriations. (Sec. 507) Amends the Water Resources Development Act of: (1) 1996 to add specified areas in Florida, Louisiana, and Washington under a program for the maintenance of navigation channels; (2) 1986 to increase the amount authorized to conduct measurements of Lake Michigan diversions; and (3) 1986 relating to the Upper Mississippi River environmental management program to include an applied research program, require program evaluation every six years, increase and extend through FY 2009 its authorization of appropriations, and require information on habitat needs assessments to be included in required reports. (Sec. 510) Amends the Water Resources Development Act of 1992 to extend through FY 2003 the authorization of appropriations for a monitoring program for the Atlantic coast of New York. (Sec. 511) Authorizes the Secretary, in evaluating water control management, to consider a regionalized water control management plan, but prohibits the implementation of such plan until a report is submitted to specified congressional committees. (Sec. 512) Adds specified projects in California, Louisiana, Mississippi, and Texas to those eligible for the beneficial use of dredged material under the Water Resources Development Act of 1992. (Sec. 514) Authorizes the Secretary, at full Federal expense, to complete a comprehensive report for environmental restoration and protection along the Lower Missouri River between Gavins Point Dam and the confluence of the Missouri and Mississippi Rivers. (Sec. 515) Authorizes the Secretary to develop and implement projects for fish screens, fish passage devices, and other similar measures to mitigate adverse impacts associated with irrigation system water diversions by local governmental entities in Oregon, Washington, Montana, and Idaho. (Sec. 516) Directs the Secretary to use, and encourage the use of, innovative treatment technologies for watershed and environmental restoration and protection projects involving water quality. (Sec. 517) Amends the Water Resources Development Act of 1992 to add specified projects in the regional Atlanta, Georgia, watershed and Paterson and Passaic Valley, New Jersey, to authorized environmental restoration projects. (Sec. 518) Directs the Secretary to expedite completion of required reports in connection with projects in California and Florida. (Sec. 519) Authorizes the Secretary to: (1) establish a pilot project to restore natural water depths in specified portions of the Dog River, Alabama; (2) repair and rehabilitate a levee in Elba, Alabama, and Geneva, Alabama; and (3) perform operations, maintenance, and rehabilitation on 37 miles of levees in and around Augusta and Devalls Bluff, Arkansas. (Sec. 522) Directs the Secretary to survey, and provide technical, planning, and design assistance for, watershed management, restoration, and development on the Navajo Indian Reservation in Arizona, New Mexico, and Utah. (Sec. 524) Directs the Secretary to: (1) reallocate approximately 31,000 additional acre-feet of Beaver Lake, Arkansas, to water supply storage; (2) construct the Beaver Lake trout hatchery by September 30, 2002; (3) provide technical assistance in the study, design, and implementation of measures for flood damage reduction and environmental restoration and protection in the Santa Ana River watershed, California; (4) carry out a project for flood control at Rush Creek, California; and (5) provide technical assistance in the study, design, and implementation of environmental restoration and protection of the Salton Sea, California. (Sec. 528) Authorizes the Secretary to: (1) prepare special area management plans in Orange and San Diego Counties, California, for providing information regarding aquatic resources; and (2) modify a cooperative agreement with the Santa Cruz Port District, California, to reflect unanticipated additional dredging efforts and to extend such agreement for ten years. (Sec. 531) Provides a maximum Federal expenditure with respect to a hurricane and storm damage reduction project at Point Beach, Milford, Connecticut. (Sec. 532) Authorizes the Secretary to apply a specified computer model to assist non-Federal interests in developing strategies for improving water quality in the Lower St. Johns River basin, Florida. (Sec. 533) Authorizes the Secretary to: (1) carry out certain environmental restoration and resource protection activities to restore Lake Allatoona and the Etowah River in Georgia; and (2) provide technical assistance for reconstruction of the Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia. (Sec. 535) Directs the Secretary to study and report on development of a comprehensive flood impact response modeling system for the Coralville Reservoir and the Iowa River watershed, Iowa. Authorizes appropriations. (Sec. 536) Authorizes the Secretary to carry out additional construction assistance projects in Georgetown and Olney, Illinois. (Sec. 537) Directs the Secretary to offer Kansas the right to purchase water storage in Kanapolis Lake, Kansas, at a predetermined price. (Sec. 538) Amends the Water Resources Development Act of 1996 to increase the authorization of appropriations for: (1) environmental assistance to non-Federal interests in southern and eastern Kentucky; and (2) flood control and improvements to rainfall drainage systems in Jefferson, Orleans, and St. Tammany Parishes, Louisiana. (Sec. 540) Authorizes the Secretary to study and provide technical assistance for flood damage reduction activities in Snug Harbor, Maryland. (Sec. 541) Authorizes the Secretary to determine if the spillage or dredged materials that were removed as part of the navigation project for the Inland Waterway from Delaware River to the Chesapeake Bay is a significant impediment to navigation and, if so, to conduct additional dredging to permit navigation on the Elk River near Welch Point, Maryland. Requires a related water supply damage study. (Sec. 542) Directs the Secretary to investigate contamination of the well system in West View Shores, Cecil County, Maryland, and, if necessary, provide alternative water supplies. (Sec. 543) Amends the Water Resources Development Act of 1996 to revise technical assistance, consultation, and funding requirements with respect to water quality restoration projects in Maryland, Pennsylvania, and West Virginia. (Sec. 544) Authorizes the Secretary to provide up to $300,000 for alternative transportation arising as a result of the operation, maintenance, repair, and rehabilitation of the Cape Cod Canal Railroad Bridge. (Sec. 545) Directs the Secretary to conduct a demonstration project to improve water quality in the vicinity of St. Louis, Missouri. Authorizes appropriations. (Sec. 546) Authorizes the Secretary to compile and disseminate information on floods and flood damages, and provide technical assistance regarding floodplain management, for Beaver Branch of the Big Timber Creek, New Jersey. (Sec. 547) Directs the Secretary to provide technical assistance to the International Joint Commission and the St. Lawrence River Board of Control for studies on the effects of fluctuating water levels along the shorelines of Lake Ontario and the St. Lawrence River in New York. (Sec. 548) Authorizes the Secretary to: (1) enter into cooperative agreements to investigate, develop, and support measures for sediment management and reduction of contaminant sources which affect navigation in the Port of New York-New Jersey and the environmental conditions of the New York-New Jersey Harbor estuary; and (2) construct a project for shoreline protection at Sea Gate Reach, Coney Island, New York. (Sec. 550) Directs the Secretary to provide planning, design, and technical assistance to non-Federal interests for identifying and mitigating sources of contamination at Woodlawn Beach, New York. (Sec. 551) Directs the Secretary to assist in a project for developing maps identifying 100- and 500-year old flood inundation areas in the State of New York. Authorizes appropriations. (Sec. 552) Directs the Secretary to determine if water quality deterioration and sedimentation of the White Oak River, North Carolina, are the results of the Atlantic Intracoastal Waterway navigation project and, if so, to undertake mitigation efforts. (Sec. 553) Authorizes the Secretary to provide technical assistance for the removal of military ordnance from the Toussaint River in Ottawa County, Ohio. (Sec. 554) Directs the Secretary to accept from the State of Oklahoma an amount representing its obligation for water supply storage at Sardis Reservoir in Oklahoma. (Sec. 555) Waives a required repayment by the Waurika Project Master Conservancy District for the construction of water conveyance facilities. (Sec. 556) Directs the Secretary to conduct a feasibility study for carrying out a riverbank stabilization project on the south bank of the Willamette River in Skinner Butte Park in Eugene, Oregon. Authorizes appropriations. (Sec. 557) Directs the Secretary, the FEMA Director, the Administrator of the Environmental Protection Agency (EPA), and the heads of other appropriate Federal agencies to assist the State of Oregon in developing and implementing a comprehensive basin-wide strategy in the Willamette River basin in order to improve water quality, reduce flood hazards, ensure economic activity, and restore fish and wildlife habitat. (Sec. 558) Authorizes the Secretary to: (1) assist in water-related environmental infrastructure projects in Bradford and Sullivan Counties, Pennsylvania; (2) reimburse the non-Federal interest a limited amount for architect and engineering costs in connection with the Erie Harbor basin navigation project, Pennsylvania; and (3) conduct a breakwater-dock combination at the entrance to Seven Points' Harbor, Pennsylvania. (Sec. 560) Directs the Secretary to mitigate shoreline damages in connection with the project for navigation, Point Marion Lock and Dam, Pennsylvania. (Sec. 562) Amends the Water Resources Development Act of 1996 to authorize environmental restoration assistance to non-Federal interests in southeastern Pennsylvania. (Sec. 563) Authorizes the Secretary to prepare a watershed plan for the Upper Susquehanna-Lackawanna watershed. Authorizes appropriations. (Sec. 564) Directs the Secretary to study whether erosion and additional storm damage near Aguadilla Harbor, Puerto Rico, are the results of a Federal navigation project and, if so, to take mitigation measures. (Sec. 565) Amends the Water Resources Development Act of 1996 to require a report from the Secretary to Congress in connection with recurring flooding and related problems near Pierre and Ft. Pierre, South Dakota. (Sec. 566) Directs the Secretary to provide technical, planning, and design assistance to non-Federal interests in developing integrated water management plans and projects that will serve Texas cities, counties, water agencies, and planning regions. Authorizes appropriations. (Sec. 567) Authorizes the Secretary to design and construct a shore protection project: (1) in Jefferson, Chambers, and Galveston Counties, Texas, including the beneficial use of dredged material from Federal navigation projects; and (2) along Galveston Beach, Texas. (Sec. 569) Directs the Secretary to construct a navigation and storm protection project at Packery Channel, Mustang Island, Texas. (Sec. 570) Authorizes specified water resources development projects in West Virginia. (Sec. 571) Directs the Secretary to develop and implement a research program to manage peak flood flows in urbanized watersheds in New Jersey. Authorizes appropriations. (Sec. 572) Amends the Flood Control Act of 1928 to increase the annual salary of members of the Mississippi River Commission. (Sec. 573) Authorizes the Secretary to cooperate with specified Federal officials in the development of a management strategy to address problems associated with toxic microorganisms and the resulting degradation of ecosystems in tidal and nontidal wetlands and waters of the United States along the Atlantic Ocean. Authorizes appropriations. (Sec. 574) Authorizes the Secretary, during FY 2000 through 2003, to withhold 100 percent of the fees collected at selected recreation sites, and to use such funds for backlogged repair and maintenance projects and for interpretation, signage, habitat or facility enhancement, resource preservation, annual operation and maintenance, and law enforcement related to public use at such sites. (Sec. 575) Authorizes the Secretary to provide technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive non-coal mines. Authorizes the maintenance of a technology database for the reclamation of abandoned mines. Authorizes appropriations. (Sec. 576) Authorizes the Secretary to conduct pilot projects for the beneficial use of waste tire rubber. Authorizes appropriations. (Sec. 577) Amends the Marine Protection, Research, and Sanctuaries Act of 1976 to extend until January 1, 2005, the authority of the EPA Administrator to designate sites for the dumping of nontoxic or nonhazardous wastes. (Sec. 578) Directs the Secretary, subject to certain conditions and requirements, to convey real property in: (1) Pike County, Missouri, to Holnam, Inc.; (2) Osage County, Oklahoma, to qualified buyers (with a right of notice to previous owners); (3) Lake Hugo, Oklahoma, to Choctaw County Industrial Authority in Oklahoma; (4) Marshall County, Oklahoma, to the State of Oklahoma for public park and recreation purposes; (5) Leflore County, Oklahoma, to the Summerfield Cemetery Association in Oklahoma; (6) Dexter, Oregon, to the Dexter Sanitary District; (7) the Richard B. Russell Dam and Lake, South Carolina, to the State of South Carolina for fish and wildlife purposes; (8) Charleston, South Carolina, to a qualified buyer; (9) Clarkston, Washington, to the Port of Clarkston; and (10) Matewan, West Virginia, to the town of Matewan. (Sec. 579) Designates the: (1) eight-mile creek in Paragould, Arkansas, as the Francis Bland Floodway Ditch; and (2) bridge over lock and dam number 4 on the Arkansas River in Arkansas as the Lawrence Blackwell Memorial Bridge. (Sec. 580) Directs the Secretary to study increasing surcharge flood control storage at the Folsom Dam and Reservoir by replacing spillway gates and raising the dam and embankment. Directs the Secretary of the Interior to study opportunities to increase the available water supply storage there due to such actions. Requires the Secretary of the Army to plan, design, and construct alternative transportation to replace Folsom Dam Road. (Sec. 581) Directs the Secretary of the Interior to: (1) amend a specified contract entered into with the Placer County Water Agency to provide for the diversion and delivery of water from the Sacramento River; (2) design and construct facilities, including fish screens, for the diversion of Central Valley Project water to Placer County; (3) design, construct, or expand facilities for a pumping station to be used by the Agency to divert and pump water from the American River; and (4) design and construct gates and other facilities at Hell Hole Dam and Reservoir to enable the Agency to provide flood protection for lands and inhabitants adjacent to the American River downstream of Folsom Dam. Directs the Secretary to: (1) enter into a municipal and industrial water supply contract with the El Dorado Irrigation District to provide a specified annual amount of water, by way of diversion from Folsom Lake or water upstream on the American River or its tributaries; and (2) design and construct facilities needed to retrofit such District's current diversion infrastructure in order to provide the diversion capacity needed. Directs the Secretary to: (1) design and construct necessary facilities to provide for the diversion, transportation, treatment, and storage of a specified amount of water annually from the American River for the Georgetown Divide Public Utility District; (2) provide specified funds to the San Juan Water District for a study of water diversion facility conjunctive use opportunities within Placer and Sacramento Counties, California, and to implement a specified pilot project; (3) design and construct improvements to diversion, pumping, and transport facilities at Folsom Dam in order to pump additional water to Roseville, the San Juan Water District, Folsom, and the Placer County Water Agency; (4) contract with San Joaquin County, California, for diversion of water at the American River Nimbus diversion facility for the development of recharge projects within the East San Joaquin County Recharge Project (with an authorized $100 million loan to such County for such purpose); and (5) make available annually a specified amount of water for South Sacramento County agriculture and water users. Directs the Secretary to provide water resource grants to implement projects to provide water supply benefits to areas cited under this section. Authorizes appropriations for such grants. Outlines implementation requirements, including environmental compliance. Directs the Secretary to contract with the State of California to undertake studies to determine opportunities to increase the available water supply and water storage capacity within specified California areas. Authorizes appropriations. Directs the Secretary to administer Central Valley Project water contracts on the American River. (Sec. 582) Provides for the allocation of funds authorized to be appropriated under sections 580 and 581, above, during various fiscal years. (Sec. 583) Directs the Secretary of the Army to take emergency action to protect Wallops Island, Virginia, from damaging coastal storms. Authorizes appropriations.
Bill· SS. 823 (106th)referred
United States · United States Congress · 15 April 1999
TABLE OF CONTENTS: Title I: Food Safety Activities Subtitle A: Processed produce Subtitle B: Raw Agricultural Commodities Title II: Research and Education Title III: Imported Food Fruit and Vegetable Safety Act - Title I: Food Safety Activities - Directs the Secretary of Health and Human Services to administer a national program to ensure the consumer safety of processed produce and raw agricultural commodities. Subtitle A: Processed Produce - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to: (1) issue standards for good manufacturing practices for processed produce; and (2) provide for processor inspections. (Sec. 113) Provides for Federal-State cooperative activities. Subtitle B: Raw Agricultural Commodities - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to: (1) issue standards for good manufacturing practices for raw agricultural commodity production; and (2) provide for facility inspections. Title II: Research and Education - Directs the Commissioner of Food and Drugs to: (1) establish a system, including public health sampling, to assess the frequency and sources of human illness in the United States associated with produce consumption; (2) implement a national public education program on produce (food) safety; and (3) conduct related research. Authorizes the Commissioner to contract for such services. Title III: Imported Food - Amends the Federal Food, Drug, and Cosmetic Act, as amended by this Act, to set forth criteria for deeming imported processed produce or raw agricultural commodities as adulterated.
Bill· HRH.R. 1470 (106th)referred
United States · United States Congress · 15 April 1999
TABLE OF CONTENTS: Title I: Corporate Tax and Other Provisions Subtitle A: Tax Provisions Subtitle B: Agricultural-Related Provisions Subtitle C: Other Subsidies Title II: Mineral Exploration and Development Subtitle A: Mineral Exploration and Development Subtitle B: Environmental Considerations of Mineral Exploration and Development Subtitle C: Abandoned Locatable Minerals Mine Reclamation Fund Subtitle D: Administrative and Miscellaneous Provisions Title III: Revenues Dedicated to Deficit Reduction Corporate Responsibility Act of 1999 - Title I: Corporate Tax and Other Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code to: (1) eliminate the exclusion of certain income of foreign sales corporations; (2) repeal alcohol fuel incentives; and (3) revise rules concerning the source of income from the sale of inventory property. Subtitle B: Agricultural-Related Provisions - Amends the Reclamation Project Act of 1939 to require the payment of the full cost for the delivery of water used for the production of surplus crops. (Sec. 112) Amends the Agricultural Trade Act of 1978 to repeal: (1) title III (Export Enhancement Program); and (2) the market promotion program provisions. (Sec. 114) Amends the Agricultural Act of 1949 to repeal tobacco price supports. Subtitle C: Other Subsidies - Amends the National Institute of Standards and Technology Act to eliminate the Advanced Technology Program. (Sec. 122) Amends the Tennessee Valley Authority Act of 1933 to declare that no appropriations are authorized to carry out the Act after September 30, 1999. (Sec. 123) Amends the Act commonly known as the National Forest Roads and Trails Act to prohibit: (1) the provision of effective purchaser road credits; and (2) Federal funding for any forest road principally used for logging. (Sec. 124) Prohibits the provision of Federal funds to, or for the benefit of, the International Monetary Fund, pursuant to the New Arrangements to Borrow of the International Monetary Fund. Title II: Mineral Exploration and Development - Subtitle A: Mineral Exploration and Development - Mineral Exploration and Development Act of 1997 - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims located or converted and maintained under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 205) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 206) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 207) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 208) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 209) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Subtitle B: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts on the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 215) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 217) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 218) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 219) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Subtitle C: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund), to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement, for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 233) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 236) Subjects the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act to a royalty scheme of eight percent of the net smelter return. Subtitle D: Administrative and Miscellaneous Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision making for National Forest System lands. (Sec. 242) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 243) Prescribes procedural guidelines for the publication of an application for an operations permit and the public participation requirements. (Sec. 244) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 246) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 247) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 251) Adjusts the dollar amounts established under this Act according to a certain inflation formula. (Sec. 255) Prohibits the issuance after January 4, 1995, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 256) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 257) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal law: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 258) Declares this Act applicable to Federal lands that are used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 259) Requires recipients of funds under this Act to comply with the "Buy American Act." (Sec. 260) Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. (Sec. 261) Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 263) Declares that court-awarded compensation for a Federal taking under the fifth amendment of the Constitution shall be paid from the Fund. (Sec. 264) Directs the Secretary of the Interior to report annually to the Congress on the percentage of each mining claim held by a foreign firm. Title III: Revenues Dedicated to Deficit Reduction - Prohibits any changes in revenues or direct spending resulting from the enactment of this Act from being counted for purposes of specified provisions of the Emergency Deficit Control Act of 1985.
Bill· HRH.R. 1468 (106th)open
United States · United States Congress · 15 April 1999
Farm Income Security Act of 1999 - Amends the Agricultural Market Transition Act to eliminate the caps on marketing assistance loan rates through crop year 2002 for wheat, corn and feed grains, upland and extra long staple cotton, rice, and oilseeds.
Bill· HRH.R. 1469 (106th)referred
United States · United States Congress · 15 April 1999
Amends the Internal Revenue Code, with respect to the treatment of S corporations and to the tax exemption for farmers' cooperatives, to declare that cooperative marketing includes the value-added processing of the products of cooperative members and other producers through animals, that is, by: (1) feeding such products to cattle, hogs, fish, chickens, or other animals; and then (2) selling the animals (or animal products) which were fed such feed products. Authorizes a U.S. district court to issue a declaratory judgment relating to the initial or continuing qualification of a farmers' cooperative as tax-exempt.
Bill· SS. 802 (106th)referred
United States · United States Congress · 14 April 1999
Amends the Agricultural Market Transition Act to reduce quota peanut price support levels through crop year 2001 and make nonrecourse loans available to all peanut producers at 85 percent of estimated market value as of crop year 2002. Amends the Agricultural Adjustment Act of 1938 to eliminate peanut quotas as of crop year 2002. Amends the National School Lunch Act to authorize the purchase at world market price of additional (excess of poundage quota) peanuts for the school lunch and other specified food and nutrition programs. States that such peanuts shall not be considered domestic edible use peanuts under the Agricultural Adjustment Act of 1938 or the Agricultural Market Transition Act.
Bill· HRH.R. 1402 (106th)open
United States · United States Congress · 14 April 1999
Directs the Secretary of Agriculture to implement the Class I milk price structure known as Option A as part of the final rule to consolidate Federal milk marketing orders.
Law· SS. 777 (106th)enacted
United States · United States Congress · 13 April 1999
Freedom to E-File Act - Directs the Secretary of Agriculture to establish in the Department of Agriculture a public use electronic filing and information retrieval system.
Bill· SS. 780 (106th)referred
United States · United States Congress · 13 April 1999
America's Agricultural Heritage Partnership Act Amendments of 1999 - Amends the Omnibus Parks and Public Lands Management Act of 1996 to transfer Federal responsibility and authority for the America's Agricultural Heritage Partnership in the State of Iowa from the Secretary of Agriculture to the Secretary of the Interior.
Bill· SS. 788 (106th)referred
United States · United States Congress · 13 April 1999
USDA Grade Recission (sic) Act of 1999 - Amends the Federal Meat Inspection Act to deem as misbranded imported meat or meat food products (including any carcass or part, meat, or meat food product from cattle, sheep, or goats that have not been U.S.-fed for at least 90 days) bearing a Department of Agriculture quality grade.
Bill· HRH.R. 1396 (106th)referred
United States · United States Congress · 13 April 1999
National Forest Protection and Restoration Act of 1999 - Prohibits commercial logging and timber sales (with specified exceptions) on Federal public lands, with a two-year phase-out for existing contracts. Provides for payment of relinquished contracts. Authorizes appropriations. Directs the Secretaries of Agriculture and the Interior to each establish a National Heritage Restoration Corps to restore such lands to their natural pre-logging condition. Provides for worker retraining of eligible persons whose jobs have been lost due to terminated timber and logging contracts. Authorizes the Secretary of Labor to make training grants, including grants for job search and relocation. Sets forth fund allocation provisions, including amounts for an Environmental Protection Agency investigation of non-wood paper and construction alternatives.
Bill· HRH.R. 1386 (106th)open
United States · United States Congress · 13 April 1999
Family Farm Protection Act - Amends the Internal Revenue Code to exclude from gross income any gain on the sale of a qualified family farm interest to a family member of the taxpayer. Requires the taxpayer (or a member of the taxpayer's family) to have participated materially in the farming business operation during the five years preceding the sale, and requires the family member purchasing the interest to participate materially during the five years following the sale. Provides for recapture of tax foregone because of the exclusion if during the five years following the sale: (1) the interest ceases to be used in a farming business; or (2) the purchasing family member fails to participate materially in the farming business.
Bill· SS. 729 (106th)open
United States · United States Congress · 25 March 1999
National Monument Public Participation Act of 1999 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to promulgate regulations that establish procedures to ensure that Federal, State, and local governments and the public have the right to participate in the formulation of plans relating to the declaration of a national monument on Federal land. Requires the Secretaries, prior to making any recommendations for declaration of a national monument in an area, to: (1) ensure compliance with all applicable Federal land management and environmental laws; (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in the area; (3) cause an assessment of the land's surface resource values to be completed and made available by the appropriate agencies; (4) identify all existing rights held on Federal land contained within such area; and (5) identify all State and private land contained within such area. Requires: (1) either Secretary, on completion of such reviews and mineral surveys, to submit to the President recommendations as to whether any area on Federal land warrants declaration as a national monument; and (2) no later than two years after the receipt of such a recommendation, the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations and provide them with maps and descriptions of the boundaries of those areas evaluated for declaration.
Bill· SS. 756 (106th)referred
United States · United States Congress · 25 March 1999
Directs the Federal Crop Insurance Corporation to provide a 14-day extension period, not to extend beyond April 12, 1999, for agricultural producers who applied for spring 1999 supplemental crop insurance endorsement (Crop Revenue Coverage PLUS) in order to: (1) obtain equivalent coverage from another approved provider; or (2) transfer to an approved provider any federally reinsured coverage provided by the PLUS provider.
Bill· SS. 757 (106th)referred
United States · United States Congress · 25 March 1999
Sanctions Policy Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions in order to ensure coordination of U.S. policy with respect to trade, security, and human rights. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Expresses the sense of Congress that any unilateral economic sanction legislation introduced in or reported to a House of Congress should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity, with specified exceptions; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted; and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any unilateral economic sanction legislation. Requires specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Requires that any bill or joint resolution that imposes any unilateral economic sanction be treated as including a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Requires the President to: (1) publish notice in the Federal Register at least 45 days in advance of the President's intention to impose any new unilateral economic sanction with respect to a foreign country or foreign entity; and (2) consult with the appropriate congressional committees regarding such proposed sanction. Requires any executive sanction to include an assessment of whether the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a new unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission (ITC) on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the event that it is in the national interest, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Establishes an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President. (Sec. 8) Requires the President and the ITC to report annually to the appropriate congressional committees with respect to each unilateral economic sanction imposed under this Act or under any other U.S. law, regulation, or Executive order.
Bill· SS. 753 (106th)referred
United States · United States Congress · 25 March 1999
Financial Services Act of 1999 - Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board of Governors of the Federal Reserve System (the Board), as of the day before the date of enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Creates a statutory mechanism for the establishment of financial holding companies (FHCs) whose subsidiary depository institutions are well-capitalized, are well-managed, and have achieved a rating of at least a "satisfactory record of meeting community credit needs" at the most recent examination under the Community Reinvestment Act of 1977. Sets forth limited exclusions from community needs requirements for newly acquired depository institutions. Instructs the Board to establish and apply comparable capital standards to a foreign bank with a subsidiary bank or commercial lending company in the United States. Permits an FHC and a wholesale financial holding company (WFHC) to engage in any activity and acquire the shares of any company whose activities have been determined jointly by the Board and the Secretary of the Treasury to be either financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, and ownership or control of banking interests. Requires an FHC to make assurances that risk management procedures adequately protect insured depository institution subsidiaries, including reasonable measures to preserve separate corporate identity and limited liability. Mandates notification to the Board of certain large business combinations with FHCs or wholesale FHCs. Cites circumstances under which an FHC (and its foreign counterpart) may engage in nonfinancial activities. Permits FHCs which were not BHCs or foreign banks before becoming FHCs to retain limited non-financial activities and affiliations. Sets forth cross-marketing restrictions for FHC-controlled depository institutions. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, wholesale financial institutions, insurance concerns, and national banks. Cites exceptions to such preemption, including State regulation of the business of insurance, retention of State capitalization requirements for an insurance entity acquired by another, and specified consumer protections. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. Declares that nothing in this Act preempts State antitrust and general corporate laws, or laws or regulations with respect to non-insurance financial activities. (Sec. 105) Mandates that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (RNIBBEA) to apply its prohibition against deposit production offices to interstate branches acquired or established under this Act, including all branches of a bank owned by an out-of-State BHC. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to apply to any branch of a bank controlled by an out-of-State BHC certain requirements for branch closures by an interstate bank. (Sec. 108) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. (Sec. 109) Directs the Federal Trade Commission (FTC) to present interim reports to the Congress regarding an ongoing multistage study of consumer privacy issues. (Sec. 110) Directs the Comptroller General to study and report to the Congress on the projected impact that the enactment of this Act will have on financial institutions with total assets of $100 million or less. Subtitle B: Streamlining Supervision of Financial Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution FHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. (Sec. 111) Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. Mandates Board deference to the SEC and relevant State securities and insurance authorities with respect to interpretations and enforcement of activities (functional regulation) within their respective jurisdictions. (Sec. 112) Provides that a declaration filed by a company seeking to be an FHC shall satisfy BHC registration requirements but not any requirement to file an application to acquire a bank. Revises BHCA divestiture procedures to permit a BHC to elect divestiture of either a nonbanking subsidiary or an insured depository institution. (Sec. 113) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Authorizes the Board to restrict relationships or transactions between: (1) a BHC depository institution subsidiary and its affiliates (other than a subsidiary of the institution); and (2) a foreign bank and its U.S. affiliates. (Sec. 115) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. Permits the Federal Deposit Insurance Corporation (FDIC) to examine an insured depository institution and its affiliate in order to disclose fully the impact of the relationship upon such institution. (Sec. 116) Prohibits the Board from taking any action under the BHCA or the FDIA against a BHC-regulated subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice or breach of fiduciary duty by the subsidiary that poses a material risk to the financial safety, soundness or stability of an affiliated depository institution or to the domestic or international payment systems. (Sec. 117) Declares it is the intent of the Congress that the Board and State insurance regulators should: (1) coordinate their respective supervision of companies that control a depository institution and a company engaged in insurance activities; and (2) share relevant information on a confidential basis (including information regarding the financial health of the consolidated organization, and transactions and relationships between insurance companies and affiliated depository institutions). States that Federal banking agencies for depository institutions should also share information with State insurance regulators on a confidential basis regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. Sets forth guidelines for such information exchange and confidentiality. (Sec. 118) States that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries also limit FDIC authority over such companies and their nonbank subsidiaries. Permits the FDIC to examine an insured depository institution and its affiliate in order to disclose fully the impact of the relationship upon such institution. (Sec. 119) Amends the FDIA to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any affiliates or subsidiaries of certain insured depository institutions in receivership, in default, or in danger of default, or of any insured depository institution in such circumstances that is acquiring another insured depository institution. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to permit a national bank subsidiary to engage in activity that: (1) is permissible for the parent national bank; (2) is authorized under specified Federal statutes that expressly authorize national banks to own or control subsidiaries; and (3) is permissible for a BHCA bank holding company other than engaging as principal in traditional insurance activities (including providing annuities, or engaging in insurance company investments. Prohibits a national bank subsidiary from engaging in real estate investment or development activities (unless Federal statute expressly authorizes a national bank to engage in such activity). Precludes certain large-sized national banks ($10 billion total assets) from controlling a subsidiary unless such bank is itself a subsidiary of a bank holding company. Cites prerequisites for national banks with financial subsidiaries. (Sec.122) Amends the FDIA to prescribe guidelines authorizing State bank subsidiaries to engage in financial activities. (Sec. 123) Mandates safety and soundness firewalls between insured banks and their financial subsidiaries, including: (1) limits on the equity investment of a bank in such subsidiary; (2) mandatory bank procedures for identifying and managing financial operational risks posed by its financial subsidiary; (3) maintenance of separate corporate and legal status; and (4) limits on the credit exposure of a bank to its financial subsidiary. (Sec.124) Subjects securities and insurance agency activities of insured depository institution subsidiaries to functional regulation under the Securities Exchange Commission, and the State insurance regulator, respectively. (Sec. 125) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 126) Amends the Federal Reserve Act to repeal: (1) the Board's power to restrict the percentage of individual bank capital and surplus represented by loans secured by stock or bond collateral; and (2) the Board's duty to establish such restrictions with a view to preventing the undue use of bank loans for the speculative carrying of securities. Subtitle D: Wholesale Financial Holding Companies; Wholesale Financial Institutions - Chapter 1: Wholesale Financial Holding Companies - Sets forth a statutory mechanism for regulation of wholesale financial holding companies that do not control a bank other than a wholesale financial institution (WFI) or specified, limited-purpose institutions. Requires such a company to be a registered bank holding company predominantly engaged in certain financial activities, and in control of one or more WFIs. Specifies the limits of Board examinations of such companies. (Sec. 131) Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. Specifies the kinds of nonfinancial activities in which Board-supervised companies may engage. Sets forth guidelines for the treatment of foreign banks operating within the United States as Board-supervised wholesale financial holding companies. Chapter 2: Wholesale Financial Institutions - Amends the Revised Statutes to permit a national bank to operate as a noninsured national WFI subject to FRA and the regulatory authority of the Comptroller of the Currency. Amends FRA to prescribe procedural guidelines for State bank membership as a noninsured WFI in the Federal Reserve System, subject to FDIA enforcement authority and prompt corrective action requirements. Subjects such institutions to the Community Reinvestment Act of 1977 only if the WFI has an affiliate that is an insured depository institution or that operates an insured branch. (Sec. 136) Prohibits a WFI from receiving initial deposits of $100,000 or less except on an incidental and occasional basis. Limits incidental deposits of $100,000 or less to a maximum five percent of a WFI's total deposits. Sets forth capital and managerial requirements for certain WFIs controlled by companies under the jurisdiction of either the SEC or the BHCA. Empowers the Comptroller of the Currency (in the case of a national WFI), and the Board to direct a WFI conservator or receiver to file a petition under title II of the Federal bankruptcy code. Amends FDIA to prescribe procedures whereby an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a WFI in order to accept any deposits. Amends Federal bankruptcy law to prescribe WFI liquidation guidelines. Subtitle E: Preservation of FTC Authority - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 142) Directs certain Federal banking agencies to make data available to the Attorney General and the FTC that they deem necessary for antitrust review under specified statutes. (Sec. 143) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 144) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company under the IBA to engage in any financial activity, if it files a BHCA declaration to function as a qualified BHC (QBHC). (Consequently, foreign banks with grandfathered affiliates would be permitted to keep them on the same terms and conditions that govern domestic banking organizations.) (Sec. 152) Amends the FDIA to allow insured foreign banks and foreign wholesale financial institutions (WFIs) to terminate deposit insurance voluntarily in the same manner and to the same extent as insured State or national banks. (Sec. 153) Amends the International Banking Act of 1978 to authorize the Board to examine any affiliate of a foreign bank conducting business in any State in which the Board deems it necessary to determine and enforce compliance with Federal banking law. Subtitle G: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1999 - Amends the Federal Home Loan Bank Act (FHLBA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Permits such an association to withdraw its membership (currently such withdrawal is prohibited). (Sec. 164) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loans secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the Federal Housing Finance Board (FHFB). Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). Authorizes such Board to: (1) review the collateral standards applicable to each Federal home loan bank for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 165) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 166) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition of a bank building by purchase or over ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (3) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; (2) address insufficiencies in capital levels resulting from automatic membership of a Federal savings association in the local FHLB; and (3) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Expands the mandate of FHLB Affordable Housing Programs to include providing subsidies (in addition to subsidized interest rates) on advances for member lending for low- and moderate-income housing. Authorizes each FHLB board of directors to approve member requests for Affordable Housing Program subsidies. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 167) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). Subtitle H: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Subtitle I: Deposit Insurance Funds - Directs the Board of Directors of the Federal Deposit Insurance Corporation to study and report to the Congress on specified issues regarding the BIF and the SAIF, including their safety and soundness, and the adequacy of their reserve requirements in light of mergers and consolidations within the industry. (Sec. 187) Amends the FDIA to eliminate the SAIF and Deposit Insurance Fund (DIF) special reserves. Subtitle J: Effective Date of Title - Sets forth the effective date of title I of this Act. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to: (1) promulgate regulations and complaint procedures applicable to retail transactions, solicitations, advertising, or offers of any security by any insured depository institution or affiliate other than a registered broker or dealer; (2) jointly establish a grievance process for customer complaints against banks or bank employees arising in connection with securities sales or purchases; and (3) establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 206) Defines traditional banking product, and amends the Securities Exchange Act of 1934 to define a new banking product as a security that: (1) was not subject to Securities and Exchange Commission (SEC) regulation as a security before enactment of this subtitle; and (2) is not a traditional banking product. Authorizes the SEC to determine, by regulation published in the Federal Register, that a bank that effects transactions in, or buys or sells, a new (hybrid) product (which is a security) should be subject to broker and dealer registration requirements, but only if it is necessary or appropriate in the public interest and for the protection of investors. Prescribes procedural guidelines under which the Federal Reserve Board, or any aggrieved party, may obtain judicial review of such regulation. Requires the court to determine whether the subject product or instrument would be more appropriately regulated under either Federal banking laws or Federal securities laws. (Sec. 207) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC prescriptions. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Exempts a church plan organization that is also an investment adviser (including its affiliate) from the proscription against ownership of controlling interests in an investment company. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment bank holding companies. Sets forth the parameters of SEC supervision of investment bank holding companies, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Grants the SEC backup inspection authority for certain wholesale financial holding companies for monitoring and compliance enforcement purposes. Subtitle D: Studies - Directs the Comptroller General to report to Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to the Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - Subtitle A: State Regulation of Insurance - States that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Requires each Federal banking agency to: (1) issue consumer protection regulations (including physical segregation of banking activities from insurance product activities); and (2) prohibit discrimination against victims of domestic violence. Expresses the sense of Congress that the States should adopt regulations prohibiting such discrimination regarding insurance products that are at least as strict as those under this Act. Mandates that the Federal banking agencies jointly establish a consumer complaint mechanism to address violations of this Act expeditiously. (Sec. 308) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. (Sec. 309) Amends the Revised Statutes to apply to Federal banking agencies the same notice and publication requirements for preemption of State law with respect to Federal savings associations as pertain with respect to national banks. Subtitle B: National Association of Registered Agents and Brokers - Sets forth a regulatory framework for uniform multistate licensing for insurance sales practices, to take effect only if a majority of the States have not enacted uniform laws and regulations governing the licensure of insurance sales by individuals and entities within three years after enactment of this Act. (Sec. 322) Establishes the National Association of Registered Agents and Brokers (the Association) as a non-profit, non-Federal agency, to provide a mechanism for uniform licensing, appointment, continuing education, and other insurance producer sales qualification requirements which can be adopted and applied on a multistate basis, while preserving the right of States to regulate insurance producers and insurance-related consumer protection and unfair trade practices. (Sec. 324) Subjects the Association (which shall not be considered a Federal agency or instrumentality) to regulation by the National Association of Insurance Commissioners (NAIC). Requires the Association to establish an office of consumer complaints. Vests management of the Association in a board of directors. Cites circumstances under which Association rules preempt State regulation of insurance producers. Requires the Association to coordinate with the National Association of Securities Dealers in order to mitigate administrative burdens that may result from dual membership. Title IV: Unitary Savings and Loan Holding Companies - Amends the Home Owners' Loan Act to prohibit new affiliations between savings and loan holding companies and certain commercial firms, except in specified circumstances, including a family trust that becomes a savings and loan holding company with respect to a savings association. (Sec. 402) Permits Federal savings associations to convert into national banks if the resulting bank meets all applicable financial, management, and capital requirements. (Sec. 403) Amends specified Federal law to declare that any depository institution whose charter is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution. Title V: Financial Information Anti-Fraud - Financial Information Anti-Fraud Act of 1999 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. (Sec. 501) Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws. Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to Federal civil and criminal penalties. Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act. Requires the Comptroller General to report to Congress: (1) on the efficacy and adequacy of the remedies provided in this Act addressing attempts to obtain financial information by fraudulent means or by false pretenses; and (2) any recommendations for additional action to address threats to the privacy of financial information created by such attempts. Title VI: Miscellaneous - Amends Federal criminal law to cite circumstances under which a court may direct disclosure of grand jury information concerning a banking law violation to certain personnel of a Federal or State financial institution. (Sec. 602) Expresses the sense of the Senate Committee on Banking, Housing, and Urban Affairs that: (1) the small business tax provisions of the Internal Revenue Code should be more widely available to community banks; and (2) in conjunction with any financial modernization legislation the Congress should amend the Code for certain purposes. Urges such legislation to: (1) increase the number of S corporation shareholders; (2) permit S corporation stock to be held in individual retirement accounts (IRAs); (3) clarify that interest on investments held for safety, soundness, and liquidity purposes should not be considered passive income; (4) provide that bank director stock is not treated as a disqualifying second class of stock for S corporations; and (5) improve the tax treatment of bad debt and interest deductions. (Sec. 603) Amends the Federal Deposit Insurance Act to specify circumstances under which the Secretary of the Treasury may: (1) approve an affiliation between a depository institution and the Student Loan Marketing Association (SALLIE MAE) solely in its reorganized, privatized status as "the Holding Company," not in its status as a government sponsored enterprise (GSE); and (2) impose affiliation terms and conditions, including restrictions upon either the issuance of debt obligations by SALLIE MAE in its GSE status, or upon the use of proceeds from such obligations. (Current law prohibits affiliations between depository institutions and GSEs.) Limits the value of the investment portfolio of SALLIE MAE in its GSE status in the event such affiliation should occur to the lesser of: (1) its value upon enactment of this Act; or (2) its value on the date such an affiliation is consummated. Grants the Secretary enforcement powers under the Higher Education Act of 1965. (Sec. 604) Amends the BHCA of 1956 to repeal certain authority, requirements, and restrictions relating to insurance activities of savings bank subsidiaries of bank holding companies. (Sec. 605) Declares that the vice chairman of the Federal Reserve Board may serve as a member of the District of Columbia Financial Responsibility and Management Assistance Authority. (Sec. 606) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, the Program for Investment in Microentrepreneurs Act of 199, or the PRIME Act. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates 50 percent matching funds from non-Federal sources. Authorizes appropriations.
Resolution· SCONRESS.Con.Res. 24 (106th)referred
United States · United States Congress · 25 March 1999
Expresses the sense of the Congress on the need for the United States and the Department of Agriculture to defend the agricultural and food supply system from attack.
Bill· HRH.R. 1334 (106th)open
United States · United States Congress · 25 March 1999
FQPA Implementation Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator of the Environmental Protection Agency, upon determining that there may be grounds for modifying, suspending, or revoking a tolerance or exemption for a pesticide chemical residue in or on food, from taking any such action until considering any additional data submitted to support the continuation of a tolerance or exemption. Makes certain requirements for the Administrator's review of tolerances and exemptions for pesticide chemical residues in effect before the enactment of the Food Quality Protection Act of 1996 (FQPA) that relate to periods of time applicable only to the extent determined by the Administrator to be in the public interest. (Current law requires specified percentages of such tolerances and exemptions to be reviewed by certain dates.) Authorizes the Administrator to issue a tolerance or exemption associated with an emergency exemption without regard to other tolerances or exemptions for the pesticide chemical residue and before reassessing such tolerances and exemptions if the Administrator determines that any incremental exposure that may result from the tolerance or exemption associated with the emergency exemption alone will not pose any significant dietary risk. Directs the Administrator to report to Congress on financial resources needed for FY 2001 through 2005 to carry out the amendments made by the FQPA to the Federal Food, Drug, and Cosmetic Act and the Federal Insecticide, Fungicide, and Rodenticide Act. Requires the Secretary of Agriculture to report to Congress the financial resources needed for such fiscal years in order to carry out responsibilities under the FQPA. Directs the Secretary to: (1) establish a program to monitor continuously the competitive strength of major U.S. agricultural commodity sectors in the international marketplace; (2) examine factors pertinent to assessing, by sector, the sustainability and competitive strength in the international marketplace and the relationship of such factors to regulatory decisions issued under the amendments made by the FQPA; and (3) submit periodic reports on such requirements and factors to Congress.
Bill· HRH.R. 1299 (106th)open
United States · United States Congress · 25 March 1999
Restore Agriculture Productivity Act of 1999 - Amends the Agricultural Market Transition Act to remove 1999-2002 marketing loan rate caps. Applies such provision retroactively to the 1999 commodity crops. (Sec. 3) Authorizes up to six-month marketing loan extensions. (Sec. 4) Amends the Food Security Act of 1985, with respect to the conservation reserve program, to authorize the Secretary of Agriculture to: (1) consider for enrollment purposes crops typically grown on eligible land that will reduce excess productivity and improve crop prices; (2) increase enrolled acreage; and (3) provide for early acreage release in certain cases of foreign displacement of U.S. commodities. (Sec. 7) Expresses the sense of Congress that Federal restrictions on foreign sales of U.S. commodities should be maintained only if essential to national security. Directs the President to conduct an annual review of such restrictions.
Bill· HRH.R. 1324 (106th)referred
United States · United States Congress · 25 March 1999
Food Banks Relief Act of 1999 - Amends the Emergency Food Assistance Act of 1983 to authorize appropriations for the purchase of additional commodities for emergency feeding organizations. Limits the amount of funds that such organizations may use for distribution expenses.
Bill· HRH.R. 1346 (106th)referred
United States · United States Congress · 25 March 1999
National Uniform Food Safety Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to deem food to be misbranded unless certain labeling information is provided concerning: (1) raw or partially cooked eggs, fish and shellfish, dairy products, or unpasteurized juice in ready-to-eat form; (2) frozen fish and shellfish other than smoked, cured, cooked, or commercially sterilized; (3) raw eggs; (4) country of origin for perishable agricultural commodities or derived products ; (5) freshness dates; (6) food labeled as natural; (7) kosher and kosher-style foods; (8) unit pricing; and (9) grades (where customary) for farm products.
Bill· HRH.R. 1289 (106th)referred
United States · United States Congress · 25 March 1999
Tobacco Use Prevention and Public Health Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by the State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that), with respect to such recovered amounts in a fiscal year, the Secretary of Health and Human Services (HHS) finds that specified conditions will be met, including that the State will use at least 25 percent of recovered amounts for a fiscal year on: (1) specified tobacco control activities, including certain tobacco use reduction activities such as tobacco use cessation programs and school-based and child-oriented education programs to discourage tobacco use, as well as the enforcement of laws relating to tobacco products; and (2) health activities, including public health activities, which include State expenditures for outreach activities. Includes further among such activities: (1) tobacco-related research concerning nicotine addiction; and (2) activities to assist tobacco farmers and workers and communities as they transition to a more broadly diversified economy. Creates the National Tobacco Use Prevention Program (NTUPP), composed of various specified HHS and Department of Agriculture (DOA) subprogram and public awareness campaign components. Includes subprograms to reduce tobacco use by minorities (HHS) and to provide economic stabilization for tobacco farmers (DOA) within NTUPP. Establishes in the Treasury the National Tobacco Use Prevention Account, subject to a specified fiscal year adjustment.
Bill· HRH.R. 1244 (106th)referred
United States · United States Congress · 24 March 1999
Enhancement of Trade, Security, and Human Rights Through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions in order to ensure coordination of U.S. policy with respect to trade, security, and human rights. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Expresses the sense of Congress that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted (without restricting medicine, medical equipment, or food, disaster relief or refugee assistance, or other specified foreign assistance); and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Requires the President to publish notice in the Federal Register at least 45 days in advance of the imposition of a unilateral economic sanction of his intention to implement such sanction. Authorizes the President to waive such notice in cases where the sanction involves freezing the assets of a foreign country or entity, if it is determined that U.S. national interest would be jeopardized. Requires any executive sanction to include an assessment of whether the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Establishes within the executive branch an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President. (Sec. 8) Authorizes the President to waive any sanction or prohibition contained in specified sections of the Arms Export Control Act, the Foreign Assistance Act of 1961, or the Export-Import Bank Act of 1945 for periods of six months each if it is determined that it would advance the purposes of such Acts or the national security interests of the United States.
Law· HRH.R. 1231 (106th)enacted
United States · United States Congress · 23 March 1999
Directs the Secretary of Agriculture to convey certain National Forest lands to Elko County, Nevada, for use as a cemetery (Jarbidge Cemetery).
Bill· HRH.R. 1232 (106th)referred
United States · United States Congress · 23 March 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by the State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that) the Secretary of Health and Human Services finds that specified conditions will be met, including that the Governor or Chief Executive Officer of the State has filed a plan with the Secretary that: (1) outlines specified anti-tobacco use efforts that account for the needs of minority and other high risk groups; and (2) allows the State to use at least 25 percent of recovered amounts for a fiscal year for such efforts, including certain tobacco use reduction programs such as tobacco use cessation programs and school-based and child-oriented education programs. Includes among such efforts: (1) tobacco-related research aimed at preventing tobacco addiction and State-wide advertising to discourage tobacco use; and (2) assistance in economic development efforts designed to aid tobacco farmers and workers and communities as they transition to a more broadly diversified economy.
Law· HRH.R. 1212 (106th)enacted
United States · United States Congress · 22 March 1999
Directs the Federal Crop Insurance Corporation to provide a 14-day extension period, not to extend beyond April 12, 1999, for agricultural producers who applied for 1999 supplemental crop insurance endorsement (Crop Revenue Coverage PLUS) in order to: (1) obtain equivalent coverage from another approved provider; or (2) transfer to an approved provider any federally reinsured coverage provided by the PLUS provider.
Bill· SS. 675 (106th)referred
United States · United States Congress · 19 March 1999
Agriculture Market Transparency Act of 1999 - Directs the Secretary of Agriculture to conduct a pilot program requiring certain packers to report to the Secretary with respect to prices, volume, and terms of sale for domestic and imported livestock and livestock products. Directs the Secretary to encourage voluntary reporting by other packers.
Resolution· SCONRESS.Con.Res. 20 (106th)open
United States · United States Congress · 19 March 1999
TABLE OF CONTENTS: Title I: Levels and Amounts Title II: Budgetary Restraints and Rulemaking Title III: Sense of the Congress and the Senate Sets forth the congressional budget for the Government for FY 2000, including the appropriate budgetary levels for FY 2001 through 2009. Provides that S. Res. 312, approved on October 21, 1998, shall be considered to be the concurrent budget resolution for FY 1999. Title I: Levels and Amounts - Lists recommended budgetary levels and amounts, for FY 2000 through 2009, with respect to: (1) Federal revenues; (2) new budget authority; (3) budget outlays; (4) deficits or surpluses; (5) public debt; and (6) debt held by the public. (Sec. 102) Sets forth for such fiscal years specified amounts of revenues and outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. (Sec. 103) Lists the appropriate levels of new budget authority and budget outlays for specified major functional categories for FY 2000 through 2009. (Sec. 104) Directs the Finance Committee to report to the Senate, and the Ways and Means Committee to report to the House of Representatives, a reconciliation bill proposing necessary changes to: (1) reduce revenues by specified amounts for FY 2000 through 2009; and (2) decrease the statutory limit on the public debt to a specified amount for FY 2000. Title II: Budgetary Restraints and Rulemaking - Requires the: (1) Congressional Budget Office to update its FY 2000 economic and budget forecast by July 15, 1999; and (2) Budget Committee Chairman (Chairman) to make certain FY 2000 budget adjustments if such update estimates a budget surplus for that fiscal year. (Sec. 202) Provides that if legislation is reported by the Senate Agriculture, Nutrition and Forestry Committee that provides risk management and income assistance for agricultural producers, then the Chairman may increase the allocation of budget authority and outlays to such Committee by specified amounts through FY 2009, with limitations. (Sec. 203) Authorizes the Chairman to reduce spending and revenue aggregates and revise committee allocations for legislation that reduces revenues if such legislation will not increase the deficit for periods through FY 2009. (Sec. 205) Provides that: (1) a Senator may make a point of order against an emergency designation in a measure; (2) if such point of order is sustained, the provision making such designation shall be stricken and may not be offered as a floor amendment; and (3) such authority may be waived or suspended in the Senate only by affirmative vote of three-fifths of the members. (Sec. 206) Mandates that if there is no joint explanatory statement accompanying a conference report on the FY 2000 concurrent budget resolution, then the Senate and House Budget Chairmen shall submit for publication allocations consistent with such resolution, as passed by both Houses. (Sec. 207) Allows Senate spending aggregates and other appropriate budgetary levels and limits to be adjusted and allocations revised for legislation that would use proceeds from Outer Continental Shelf leasing and production to fund historic preservation, recreation and land, water, fish, and wildlife conservation efforts and to support coastal needs and activities, provided that such legislation will not increase budget deficits for FY 2000 through 2009. Authorizes the Chairman to file revised allocations, functional levels, and aggregates in such event, and for any amendments to such legislation. (Sec. 208) Authorizes such adjustments and revisions for legislation that would: (1) provide additional funds for Medicare managed care plans agreeing to serve elderly patients for at least two years and whose reimbursement was reduced because of risk adjustment regulations; and (2) significantly extend the solvency of the Medicare Hospital Insurance Trust Fund without the use of transfers of new subsidies from the general fund (including an authorized adjustment to address the cost of the prescription drug benefit). Title III: Sense of the Congress and the Senate - Expresses the sense of the Senate with respect to: (1) elimination of the marriage penalty; (2) improving security for U.S. diplomatic missions; (3) access to high quality home health services; (4) tax treatment of health insurance premiums for the self-employed; (5) tax reductions for working families; (6) full funding of the National Guard; (7) the effects of Social Security reform on women; (8) increased funding for the National Institutes of Health; (9) increased Federal research and development investment; (10) full funding of counter-narcotics activities; (11) funding for tribal colleges; (12) disallowing the use of Social Security surpluses to fund other Federal programs; (13) completion of the sale of Governors Island; and (14) increased funding for the Pell Grant program. (Sec. 309) Expresses the sense of Congress that funds should not be provided to put into effect the Kyoto Protocol prior to Senate ratification.
Bill· SS. 642 (106th)referred
United States · United States Congress · 17 March 1999
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming (or ranching) business a deduction (in computing adjusted gross income) for any taxable year of up to 20 percent of taxable income attributable to the eligible farming business which was paid in cash by the taxpayer to a Farm and Ranch Risk Management Account (FARRM Account). Includes distributions from a FARRM account in the taxpayer's gross income, and subjects to a special ten percent surtax any distributions not made within five years of contribution. Establishes a tax on excess contributions, but exempts the taxpayer from the tax on certain prohibited transactions.
Bill· HRH.R. 1144 (106th)open
United States · United States Congress · 17 March 1999
Country-of-Origin Meat Labeling Act of 1999 - Amends the Federal Meat Inspection Act to require a packer or processor of domestic or imported livestock or meat offered for U.S. sale to affix and maintain throughout the chain of distribution country-of-origin labeling until sale to a consumer, food-serving institution, or restaurant. States that food-serving institutions and restaurants shall not be required to notify customers of the country-of origin of meat and meat food products served. Restricts the use of "U.S. meat" label to a carcass or part, meat, or meat food product, consisting entirely of domestic meat. Includes country-of-origin requirements in the definition of misbranded under such Act.
Law· HRH.R. 1141 (106th)enacted
United States · United States Congress · 17 March 1999
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: Supplemental Appropriations and Rescissions Title III: Technical Corrections 1999 Emergency Supplemental Appropriations Act - Title I: Emergency Supplemental Appropriations - Chapter 1 - Makes emergency supplemental appropriations for the Department of Agriculture for: (1) salaries and expenses of the Farm Service Agency; and (2) direct and guaranteed farm ownership loans, direct and guaranteed subsidized farm operating loans, and emergency farm loans. Chapter 2 - Makes emergency supplemental appropriations for the Department of Justice for the Immigration and Naturalization Service for salaries and expenses, enforcement and border affairs. Chapter 3 - Makes emergency supplemental appropriations for the Department of Defense for: (1) Army reserve personnel and Army and Air Force National Guard personnel; (2) Operation and Maintenance (O&M) Army, Navy, Marine Corps, and Air Force as well as defense-wide O&M; and (3) overseas humanitarian, disaster, and civic aid. Chapter 4 - Makes emergency supplemental appropriations for: (1) international disaster relief, rehabilitation, and reconstruction assistance pursuant to the Foreign Assistance Act of 1961; (2) the Economic Support Fund for assistance to Jordan; (3) expenses to address the effects of hurricanes in Central America and the Caribbean and the earthquake in Columbia; (4) the Treasury Department for debt restructuring; and (5) the Foreign Military Financing Program for grants to Jordan pursuant to the Arms Export Control Act. Prohibits the value of articles, services, and military education and training authorized to be drawn down by the President under a specified provision of the Foreign Assistance Act of 1961 from being counted against the ceiling limitation of that section. Chapter 5 - Makes emergency supplemental appropriations to the U.S. Forest Service for reconstruction and construction in connection with damages from Hurricane Georges and other natural disasters in Puerto Rico. Chapter 6 - Rescinds specified amounts of funds for: (1) the Department of Agriculture for the cost of foreign assistance direct credit agreements; (2) the Department of Energy for atomic energy defense activities; (3) the Trade and Development Agency for export and investment assistance; (4) the Agency for International Development for foreign operations, export financing, and related programs; (5) the Economic Support Fund for foreign operations, export financing, and related programs; (6) assistance for Eastern Europe and the Baltic States; (7) assistance for the new independent States of the former Soviet Union; (8) peacekeeping operations; (9) reconstruction and development of international financial institutions; (10) callable capital stock in certain international financial institutions; (11) international organizations and programs; (12) the Department of Transportation for contract authorization for small community air service; (13) the Federal Highway Administration for State infrastructure banks; and (14) the Federal Transit Administration for contract authorization for transit programs and interstate transfer grants. Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to reduce the amount of emergency supplemental appropriations for defense-wide O&M under such Act. Title II: Supplemental Appropriations and Rescissions - Chapter 1 - Makes supplemental appropriations for the U.S. Supreme Court for salaries and expenses. Rescinds a specified amount of funds for the United States Information Agency for buying power maintenance. Chapter 2 - Makes supplemental appropriations for expenses for the United States Commission on International Religious Freedom. Rescinds a specified amount of funds for the Export-Import Bank of the United States. Chapter 3 - Rescinds a specified amount of funds for the Bureau of Land Management for the management of land and resources. Makes supplemental appropriations for the Office of the Special Trustee for American Indians for Indian trust programs, including litigation support. Chapter 4 - Reduces the amount of funds available for the Employment and Training Administration for State unemployment insurance and employment service operations. Rescinds a specified amount of funds for: (1) the Department of Health and Human Services for a Federal capital loan program for nursing; and (2) the Department of Education for education research, statistics, and improvement. Makes supplemental appropriations for the Corporation for Public Broadcasting for National Public Radio. Chapter 5 - Makes supplemental appropriations for the Architect of the Capitol for: (1) renovation of the House Page dormitory; and (2) life safety renovations to the O'Neill House Office Building. Increases for FY 2000 and thereafter the amount authorized to be appropriated for the Office of the Minority Leader of the House of Representatives and the lump-sum allowance for the Office of the Majority Whip of the House. Authorizes the transfer of funds between various accounts under the heading "House Leadership Offices," beginning with FY 1999. Chapter 6 - Makes supplemental appropriations to the Postal Service Fund for revenue forgone reimbursement. Rescinds a specified amount of funds for the Executive Office of the President for unanticipated needs of natural disasters of national significance. Chapter 7 - Earmarks a specified amount of funds made available for the Economic Development Initiative for projects to revitalize and redevelop the Los Angeles Civic Center neighborhood and for development of a child care center in Huntington Park, California. (Sec. 2001) Prohibits the Secretary of Agriculture, in making loan deficiency payments under the Agricultural Market Transition Act to producers of club wheat, from assessing a premium adjustment on the amount that would otherwise be computed for club wheat to reflect a premium paid to ensure its availability in creating a specialty product known as western white wheat. Requires a retroactive payment to each such producer that received a discounted loan deficiency payment as a result of a premium adjustment against club wheat. Title III: Technical Corrections - Makes technical, clarifying, and conforming amendments to the: (1) Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 1999; (2) Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; and (3) Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999. (Sec. 3006) Revises fiscal year requirements and funding amounts under specified provisions of the Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 1999. Earmarks certain funds appropriated under such Act. (Sec. 3008) Makes certain funds appropriated under the Department of Transportation and Related Agencies Appropriations Act, 1999 for highway traffic safety operations and research available through FY 1999. Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to authorize a specified transfer and allocation of funds by the Capitol Police Board. (Sec. 3011) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 to make certain funds transferred under such Act to the Presidential Advisory Commission on Holocaust Assets in the United States available through FY 2000.
Bill· HRH.R. 1145 (106th)referred
United States · United States Congress · 17 March 1999
Produce Consumers' Right-to-Know Act - Requires retailers to provide consumers with country of origin labeling of perishable agricultural commodities. Exempts food service establishments from such requirement. Authorizes fines for violations of such provision.
Bill· SS. 625 (106th)open
United States · United States Congress · 16 March 1999
TABLE OF CONTENTS: Title I: Needs-Based Bankruptcy Title II: Enhanced Consumer Protection Subtitle A: Penalties for Abusive Creditor Practices Subtitle B: Priority Child Support Subtitle C: Other Consumer Protections Title III: Discouraging Bankruptcy Abuse Title IV: General and Small Business Bankruptcy Provisions Subtitle A: General Business Bankruptcy Provisions Subtitle B: Small Business Bankruptcy Provisions Title V: Municipal Bankruptcy Provisions Title VI: Improved Bankruptcy Statistics and Data Title VII: Bankruptcy Tax Provisions Title VIII: Ancillary and Other Cross-Border Cases Title IX: Financial Contract Provisions Title X: Protection of Family Farmers Title XI: Health Care and Employee Benefits Title XII: Technical Amendments Title XIII: General Effective Date; Application of Amendments Bankruptcy Reform Act of 1999- Title I: 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 special circumstances requiring additional expenses or adjustment of currently monthly total income. Requires the 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. (Sec. 105) Precludes an individual debtor from filing under Federal bankruptcy law unless the individual has received a briefing from an approved nonprofit credit counseling service prior to filing a bankruptcy petition. Predicates a chapter 7 or chapter 13 discharge in bankruptcy upon the debtor's completion of an approved instructional course concerning personal financial management. Title II: Enhanced Consumer Protection - Subtitle A: Penalties for Abusive Creditor Practices - 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. 202) 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. 203) Includes as a violation of automatic stay proscriptions any communication threatening a debtor for the purpose of coercing an agreement for a debt reaffirmation. (Sec. 204) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate additional disclosures for dischargable debt agreements. Instructs the Attorney General to designate United States attorneys and agents of the Federal Bureau of Investigation to implement enforcement activities in addressing abusive reaffirmations of debt. Subtitle B: Priority Child Support - 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. 212) 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. 213) 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. 215) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 216) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 217) Sets forth the duties of the bankruptcy trustee under chapters 7 and 13 regarding a claim against an individual debtor for the collection of child support, including notifying the claim holder and the appropriate State child support agency of the debtor's location. Subtitle C: Other Consumer Protections - Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 223) Sets forth a debtor's bill of rights which such agency must observe. (Sec. 224) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. (Sec. 225) 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. 226) 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. Title III: Discouraging Bankruptcy Abuse - Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 302) 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. 303) 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. 304) 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. 305) 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. 306) 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. Provides that statutory guidelines to determine the secured status of a creditor's claim do not apply if the underlying debt was incurred within the five-year period preceding the filing of the bankruptcy petition and the collateral for that debt consists of a motor vehicle acquired for the debtor's personal use (or if the collateral consists of any other thing of value if the debt was incurred during the six- month period preceding such filing). (Sec. 307)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. 308) Reduces the value of homestead exemption and debtor's burial plot to the extent it is attributable to any portion of any property that is disposed by the debtor within the 730-day period ending on the bankruptcy petition filing date with the intent to obstruct or defraud a creditor, and that the debtor could not exempt. (Sec. 309) 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. 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. 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. 310) Reduces from the threshold amounts of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days and 70 days, respectively (currently 60 days) before an order for relief is issued. (Sec. 311) 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; (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) eviction actions are based upon endangerment to property or person or the use of illegal drugs. (Sec. 312) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 314) 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 70 days of the filing of the petition. Treats a debt incurred to pay child or spousal support as a dischargable debt (in order to preclude such support from having to compete with the nondischargeable debt). 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. 315) 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. 316) 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. 317) Requires a Chapter 13 confirmation hearing to be held not later than 45 days after the first meeting of creditors. Mandates filing of a Chapter 13 debt readjustment plan within 90 days of the order for relief. Prohibits such plan (with certain exceptions) from providing for payments over a period that is longer than three years. (Sec. 319) 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. 320) 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. Title IV: General and Small Business Bankruptcy Provisions - Subtitle A: General Business Bankruptcy Provisions - 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. 402) 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. 403) 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. 405) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 407) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 409) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 410) 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. 411) 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. 413) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec. 414) 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. 415) 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. 416) 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. 417) Removes investment bankers from the definition of "disinterested person." Subtitle B: 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. 422) 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. 423) 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. 424) Sets forth uniform national reporting requirements for small business debtors. (Sec. 425) 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. 426) 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. 434) 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. 435) 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: Improved Bankruptcy Statistics and Data - 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. 601) 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. 603) 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. 604) 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 VII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 702) 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. 704) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 705) 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. 708) 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. 709) 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. 710) 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. 711) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 712) 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. 713) 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. 714) Makes nondischargeable any obligations based on income tax returns prepared by tax authorities. (Sec. 715) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 716) 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 thecreditors is convened, of all tax returns for taxable periods endingin the three-year period that ends on the date of the filing of thepetition. Authorizes the court to dismiss a plan, if a chapter 13debtor fails to comply with such time frame. Expresses the sense of the Congress that the Advisory Committee onBankruptcy Rules of the Judicial Conference should propose foradoption amended Federal Rules of Bankruptcy Procedure pertaining toobjections to tax claims and to plan confirmation. (Sec. 717) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion ofthe 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. 718) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable periodwhich ended before the order for relief against an income tax liability for a taxable period which also ended before the order forrelief. Title VIII: Ancillary and Other Cross-Border Cases - Expands thescope of bankruptcy law to incorporate the Model Law on Cross-BorderInsolvency, and to establish a statutory mechanism for: (1) dealingwith cases of cross-border insolvency; and (2) cooperation betweenU.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and Statecourts; (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 IX: Financial Contract Provisions - Amends Federal bankruptcy provisions 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. 902) Specifies 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. 903) 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). Title X: Protection of Family Farmers - Amends the Federal bankruptcy provisions to: (1) reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income, (thereby reinstating family farmer bankruptcy relief); (2) define a family farmer as one whose gross income of more than 50 percent from a farming operation was received during at least one of the three taxable years preceding the taxable year in which the bankruptcy petition was filed (thus relaxing eligibility criteria from one year to three years); and (3) cite circumstances under which the claim of a governmental unit that arises as a result of the disposition of a farm asset used in thedebtor's farming operation shall be treated as an unsecured claim that is not entitled to priority. Title XI: Health Care and Employee Benefits - Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 1103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 1104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec. 1105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. Title XII: Technical Amendments - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. 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. 1202) 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. 1206) 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. 1211) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1213) 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. 1214) 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. 1219) 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. 1225) 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. 1226) 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. 1228) 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 agdistrict 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. Title XIII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments.
Bill· SS. 629 (106th)referred
United States · United States Congress · 16 March 1999
Crop Insurance Improvement Act of 1999 - Amends the Federal Crop Insurance Act to authorize, and set forth criteria for, cost of production insurance coverage. Establishes specified yield determination criteria for certain producers who have adopted rotation practices, including a three-year actual production history requirement. Amends the Agricultural Market Transition Act with respect to the noninsured crop disaster assistance program to: (1) permit similar crop or commodity varieties to be considered as a single eligible crop; (2) require annual submission of crop records; (3) increase coverage; (4) provide individual assistance without area loss requirements; (5) eliminate the natural disaster loss requirement for prevented planting assistance; (6) revise yield determination provisions; (7) establish payment provisions for new crops; and (8) establish a service fee.
Bill· SS. 634 (106th)referred
United States · United States Congress · 16 March 1999
Terminates, for a five-year period, certain nuclear proliferation sanctions against India and Pakistan with respect to any grounds for their imposition arising: (1) under the Arms Export Control Act and the Export-Import Bank Act of 1945 before enactment of this Act; and (2) prior to enactment of this Act if imposition of such sanctions would deny any license for the export of any defense article, or related defense service or technology, needed by such country as a replacement or spare part for an item in the country's inventory, as a substitute for such an item in any case where that item is no longer being manufactured and readily available, or as a safety enhancement that would not significantly improve the country's combat capabilities. Applies specified requirements of the Arms Export Control Act to such defense articles, defense services, or technologies. Prohibits use of the authority of this Act to provide economic support fund assistance except for assistance that supports nongovernmental organization activities, democracy, or humanitarian activities. Repeals: (1) a specified section of the Foreign Assistance Act of 1961 relating to certain nuclear non-proliferation conditions on assistance to Pakistan; and (2) the India-Pakistan Relief Act (title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in Public Law 105-277).