Datasets:

nkandpa2

/

usgpo

like 0

BILLS-106hr1938ih

William G. Barr Amputee Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1938 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1938 To amend title XVIII of the Social Security Act to require appropriate training and certification for suppliers of certain listed items of orthotics or prosthetics. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Wexler introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to require appropriate training and certification for suppliers of certain listed items of orthotics or prosthetics. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``William G. Barr Amputee Protection Act of 1999''. SEC. 2. CERTIFICATION OF SUPPLIERS OF CERTAIN ITEMS OF ORTHOTICS AND PROSTHETICS. (a) In General.--Section 1834(h)(1) of the Social Security Act (42 U.S.C. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(F) Limitation on payment for listed items.-- ``(i) Limitation.--Except as provided in clause (v), no payment may be made under this subsection for an item of orthotics and prosthetics that is specified on a list established under clause (ii) unless the individual (as defined in clause (vi)) furnishing such item has been certified under clause (iv). ``(ii) Establishment and publication of list.--The Secretary shall establish and publish a list of items of orthotics and prosthetics that the Secretary (in consultation with appropriate experts in the field of orthotics and prosthetics) determines that because of the custom design, fabrication, and fitting of such an item, the individual furnishing such item must meet minimum education requirements in such design, fabrication, and fitting. ``(iii) Application of limitation.--The prohibition under clause (i) shall apply to an item of orthotics and prosthetics furnished on or after the date that is the first day of the sixth month that begins after the date on which the Secretary specifies the item on the list under clause (ii). ``(iv) Certification.--An individual may be certified under this clause as follows: ``(I) In general.--The Secretary shall establish a process for the certification of the individual by the Secretary, by the State in which the individual practices, or by a qualified third party certifier (as determined by the Secretary) as having met, with respect to items specified on the list under clause (ii), minimum education requirements established by the Secretary based on the criteria described in subclause (II). ``(II) Criteria described.--For purposes of subclause (I), the regulations prescribed by the Secretary, in the case of such an individual who is orthotist or prosthetist, shall be based upon the essentials and guidelines established by the Committee on Allied Health Education and Accreditation of the American Medical Association with respect to education and training programs, internship or residency experience, and continuing education requirements, for the custom design, fabrication, and fitting of such items. In the case of such an individual who is a pedorthist, such regulations shall be based upon the essentials and guidelines established by the Committee for Pedorthic Education Accreditation with respect to education and training programs, internship or residency experience, and continuing education requirements, for the custom design, fabrication, and fitting of such items. In the case of an individual who is a fitter of orthotics or prosthetics, such regulations shall be based upon criteria established by the Secretary (in conjunction with appropriate experts in the field of orthotics) with respect to education and training programs, internship or residency experience, and continuing education requirements, for the fitting of such items. ``(III) Certification by reason of experience.--Notwithstanding subclause (I), in the case of a individual practicing in a State which does not provide for such licensure or certification, the individual may be certified under this clause if the individual has completed at least five years practice in the field of orthotics or prosthetics and meets such other criteria as the Secretary establishes. ``(v) Rural suppliers excepted.--The prohibition under clause (i) shall not apply in the case of a supplier of an item of orthotics and prosthetics that serves, and is located in, an area outside a Metropolitan Statistical Area or a New England County Metropolitan Area. ``(vi) Individual defined.--For purposes of this subparagraph, the term `individual' means a supplier of orthotics and prosthetics who is a practitioner of orthotics or prosthetics or, in the case of a supplier who is not such a practitioner, such a practitioner in the employ of the supplier on a full- or part-time salary basis.''. (b) Deadlines.-- (1) List of items.--Not later than six months after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register the list of orthotic and prosthetic items described in clause (ii) of section 1834(h)(1)(F) of the Social Security Act (42 U.S.C. 1395m(h)(1)(F)), as added by subsection (a). (2) Regulations.--Not later than six months after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the amendment made by subsection (a). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. <all>

usgpo

2024-06-24T03:05:47.904413

BILLS-106hr1935ih

To amend title 10, United States Code, to strengthen the limitations on participation by the Armed Forces in overseas airshows and trade exhibitions involving military equipment.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1935 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1935 To amend title 10, United States Code, to strengthen the limitations on participation by the Armed Forces in overseas airshows and trade exhibitions involving military equipment. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Stark (for himself, Mr. McGovern, and Mr. Strickland) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to strengthen the limitations on participation by the Armed Forces in overseas airshows and trade exhibitions involving military equipment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CODIFICATION AND EXTENSION OF LIMITATIONS ON DEPARTMENT OF DEFENSE PARTICIPATION IN AND SUPPORT FOR OVERSEAS AIR SHOWS AND TRADE EXHIBITIONS. (a) Codification and Strengthening of Limitations.--(1) Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2555. Overseas airshows and trade exhibitions: participation prohibited; limitations on support for contractors ``(a) Prohibition on Military Participation.--The Secretary of Defense and the Secretary of a military department may not-- ``(1) authorize the participation by the armed forces in an airshow or trade exhibition held outside the United States (other than the support authorized in subsection (b)); or ``(2) use the training or readiness requirements of the armed forces in order to provide support indirectly for any such airshow or trade exhibition. ``(b) Limitation on Support for Contractor Participation.--The Secretary of Defense, and the Secretaries of the military departments with respect to their respective departments, may, upon the request of a business firm or industrial association, provide support to that firm or association at an airshow or trade exhibition to be held outside the United States in the form of the display or demonstration of military equipment if the firm or association agrees to reimburse the United States for all incremental costs of the Department of Defense for that support. ``(c) Incremental Costs.--Incremental costs for purposes of subsection (b) are the following: ``(1) All incremental costs of military personnel accompanying the equipment or assisting the firm or association in the display or demonstration of the equipment, including costs of food, lodging, and local transportation. ``(2) All incremental transportation costs incurred in moving the equipment from its normally assigned location to the airshow or trade exhibition and return. ``(3) Any other miscellaneous incremental cost (such as insurance costs or ramp fees) not covered by paragraph (1) or (2) that is incurred by the United States but would not have been incurred had the Department of Defense not provided support to the firm or industrial association under subsection (b).''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2555. Overseas airshows and trade exhibitions: participation prohibited; limitations on support for contractors.''. (b) Repeal of Existing Limitations.--Section 1082 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 113 note) is repealed. <all>

usgpo

2024-06-24T03:05:48.072086

BILLS-106hr1939ih

To amend title 39, United States Code, to allow postal patrons to contribute to funding for Alzheimer's disease research through the voluntary purchase of certain specially issued United States postage stamps.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1939 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1939 To amend title 39, United States Code, to allow postal patrons to contribute to funding for Alzheimer's disease research through the voluntary purchase of certain specially issued United States postage stamps. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Weygand (for himself, Mr. Stark, Ms. Norton, Mr. Gilchrest, Mr. Frank of Massachusetts, Mr. Allen, Mr. Frost, Mr. Weiner, Mr. Ramstad, Mr. Spratt, Mr. Costello, Mr. English, Mr. Shows, Mr. Foley, Mr. McNulty, Mr. Wolf, Mr. Hilliard, Mrs. Kelly, Ms. Kilpatrick, Mr. Phelps, Mrs. Emerson, Mr. Roemer, Mr. Snyder, Mr. Goode, Mrs. Myrick, Mr. Watt of North Carolina, Mr. Sisisky, Mr. Lewis of Georgia, Mr. LaHood, Mr. Jenkins, Mr. Berman, Mr. Mollohan, Mr. Sandlin, Ms. Hooley of Oregon, Mr. Davis of Florida, Mr. Bilirakis, Ms. Danner, Mr. Holden, Mrs. Capps, Mr. Kuykendall, Mr. Markey, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To amend title 39, United States Code, to allow postal patrons to contribute to funding for Alzheimer's disease research through the voluntary purchase of certain specially issued United States postage stamps. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SPECIAL POSTAGE STAMPS TO BENEFIT ALZHEIMER'S DISEASE RESEARCH. (a) In General.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 414a. Special postage stamps for Alzheimer's disease research ``(a) In order to afford the public a convenient way to contribute to funding for Alzheimer's disease research, the Postal Service shall establish a special rate of postage for first-class mail under this section. ``(b) The rate of postage established under this section-- ``(1) shall be equal to the regular first-class rate of postage, plus a differential of not to exceed 25 percent; ``(2) shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures under chapter 36); and ``(3) shall be offered as an alternative to the regular first-class rate of postage. The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons. ``(c)(1) Amounts becoming available for Alzheimer's disease research pursuant to this section shall be paid to the National Institutes of Health. Payments under this paragraph shall be made under such arrangements as the Postal Service shall by mutual agreement with that agency establish in order to carry out the purposes of this section, except that, under those arrangements, payments to such agency shall be made at least twice a year. ``(2) For purposes of this section, the term `amounts becoming available for Alzheimer's disease research pursuant to this section' means-- ``(A) the total amounts received by the Postal Service that it would not have received but for the enactment of this section, reduced by ``(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that it shall prescribe. ``(d) It is the sense of the Congress that nothing in this section should-- ``(1) directly or indirectly cause a net decrease in total funds received by the National Institutes of Health (or any component or program thereof) below the level that would otherwise have been received but for the enactment of this section; or ``(2) affect regular first-class rates of postage or any other regular rates of postage. ``(e) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of the enactment of this section. ``(f) The Postmaster General shall include in each report rendered under section 2402 with respect to any period during any portion of which this section is in effect information concerning the operation of this section, except that, at a minimum, each shall include-- ``(1) the total amount described in subsection (c)(2)(A) which was received by the Postal Service during the period covered by such report; and ``(2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(2)(B). ``(g) This section shall cease to be effective at the end of the 2- year period beginning on the date on which special postage stamps under this section are first made available to the public.''. (b) Conforming Amendments.--(1) The analysis for chapter 4 of title 39, United States Code, is amended by striking the item relating to section 414 and inserting the following: ``414. Special postage stamps to benefit breast cancer research. ``414a. Special postage stamps to benefit Alzheimer's disease research.''. (2) The heading for section 414 of title 39, United States Code, is amended to read as follows: ``Sec. 414. Special postage stamps to benefit breast cancer research.''. <all>

usgpo

2024-06-24T03:05:48.205669

BILLS-106hr1936ih

To amend title XVIII of the Social Security Act to prevent overpayment for hospital discharges to post-acute care services by eliminating the limitation on the number of diagnosis-related groups (DRGs) subject to the special transfer policy.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1936 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1936 To amend title XVIII of the Social Security Act to prevent overpayment for hospital discharges to post-acute care services by eliminating the limitation on the number of diagnosis-related groups (DRGs) subject to the special transfer policy. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Stark introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to prevent overpayment for hospital discharges to post-acute care services by eliminating the limitation on the number of diagnosis-related groups (DRGs) subject to the special transfer policy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PREVENTION OF OVERPAYMENT FOR HOSPITAL DISCHARGES TO POST- ACUTE CARE SERVICES BY ELIMINATING THE LIMITATION ON THE NUMBER OF DIAGNOSIS-RELATED GROUPS (DRGS) SUBJECT TO THE SPECIAL TRANSFER POLICY. (a) In General.--Section 1886(d)(5)(J) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(J)) is amended-- (1) in clause (i), in the matter before subclause (I)-- (A) by striking ``, which is classified within a diagnosis-related group described in clause (iii), and'', and (B) by inserting ``and adjusting for differences in length of stay among regions and States to the extent the Secretary determines such adjustment to be feasible and appropriate'' after ``(as defined by the Secretary''; (2) in clause (ii)-- (A) in the matter before subclause (I), by striking ``classified with a diagnosis-related group (described in clause (iii))'', and (B) in subclause (IV), by striking ``clause (iv)(I)'' and inserting ``clause (iii)''; (3) by striking clause (iii); and (4) in clause (iv)-- (A) by striking the dash after ``description of'' and all that follows up to ``post-discharge'', (B) by striking ``; and'' and all that follows and inserting a period, and (C) by redesignating such clause as clause (iii). (b) Effective Date.--The amendments made by subsection (a) apply to discharges occurring on or after October 1, 2000. <all>

usgpo

2024-06-24T03:05:48.220103

BILLS-106hr1937ih

School Safety Hotline Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1937 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1937 To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and the Safe and Drug-Free Schools and Communities Act of 1994, to allow grants received under such Act to be used to establish and maintain school violence hotlines. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Tancredo introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and the Safe and Drug-Free Schools and Communities Act of 1994, to allow grants received under such Act to be used to establish and maintain school violence hotlines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Safety Hotline Act of 1999''. SEC. 2. AMENDMENT. Section 223(a)(10) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended-- (1) in subparagraph (N) by striking ``and'' at the end, (2) in subparagraph (O) by striking the period at the end and inserting ``; and'', and (3) by inserting after subparagraph (O) the following: ``(P) programs related to the establishment and maintenance of a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities.''. SEC. 3. SCHOOL INVOLVEMENT. (a) State Programs.--Section 4113(b)(1) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7113(b)(1)) is amended-- (1) by redesignating subparagraphs (E) through (G) as (F) through (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) establishing and maintaining a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities; (b) Governor's Programs.--Section 4114(c) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7114(c)) is amended-- (1) by redesignating paragraphs (6) through (12) as (7) through (13), respectively; and (2) inserting after paragraph (5) the following: ``(6) establishing and maintaining a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities; (c) Local Programs.--Section 4116(b) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7116(a)) is amended-- (1) by redesignating paragraphs (7) through (10) as (8) through (11), respectively; and (3) by inserting after paragraph (6) the following: ``(7) establishing and maintaining a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, violent, or threatening behavior to school and law enforcement authorities.''. <all>

usgpo

2024-06-24T03:05:48.320142

BILLS-106hr1941ih

Health Information Privacy Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1941 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1941 To protect the privacy of personally identifiable health information. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Condit (for himself, Mr. Waxman, Mr. Markey, Mr. Dingell, Mr. Brown of Ohio, Mr. Turner, Mr. Lantos, Mr. Cramer, Mr. Wise, Mr. Owens, Mrs. Tauscher, Mr. Towns, Mr. Shows, Mr. Kanjorski, Mrs. Mink of Hawaii, Mr. Sanders, Mrs. Maloney of New York, Ms. Norton, Mr. Fattah, Mr. Cummings, Mr. Kucinich, Mr. Blagojevich, Mr. Davis of Illinois, Mr. Tierney, Mr. Allen, Mr. Ford, Ms. Schakowski, Mr. Romero-Barcelo, and Mr. Stupak) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To protect the privacy of personally identifiable health information. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Information Privacy Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--PROTECTION OF HEALTH INFORMATION Sec. 101. Restrictions on uses. Sec. 102. Restrictions on disclosure. Sec. 103. Standards for authorizations for use and disclosure. Sec. 104. Safeguards against misuse and prohibited disclosures. TITLE II--RIGHTS OF PROTECTED INDIVIDUALS Sec. 201. Right of access. Sec. 202. Right of correction and amendment. Sec. 203. Right to review disclosure history. Sec. 204. Right to notice of information practices and opportunity to seek additional protections. TITLE III--PERMISSIBLE DISCLOSURES OF PROTECTED HEALTH INFORMATION Sec. 301. Provision of and payment for health care. Sec. 302. Health oversight. Sec. 303. Public health. Sec. 304. Health research. Sec. 305. Law enforcement. Sec. 306. Judicial or administrative proceedings. Sec. 307. Other disclosures. Sec. 308. Redisclosures. TITLE IV--MISCELLANEOUS PROVISIONS Sec. 401. Specific classes of individuals. Sec. 402. False pretenses. Sec. 403. Obligations of affiliated persons. Sec. 404. Prohibition of retaliation with respect to employment. Sec. 405. Mental health and other especially sensitive information. Sec. 406. Cessation of operations. Sec. 407. Conforming amendments to Federal Privacy Act. TITLE V--GENERAL PROVISIONS Sec. 501. Authority of the Secretary. Sec. 502. Enforcement. Sec. 503. Relationship to other laws. Sec. 504. Definitions. Sec. 505. Effective date. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) The right to privacy is a personal and fundamental right protected by the Constitution of the United States. (2) Individuals have a right to privacy regarding their individually identifiable health information. (3) The improper use or disclosure of individually identifiable health information about an individual may cause significant harm to the interests of the individual in privacy and health care, and may unfairly affect the ability of the individual to obtain employment, education, insurance, credit, and other necessities. (4) Current legal protections for health information vary from State to State and are inadequate to protect the privacy of an individual's health information and ensure fair information practices standards. (5) The movement of individuals and health information across State lines, access to and exchange of health information from automated data banks and networks, and the emergence of multistate health care providers and payers create a compelling need for Federal law, rules, and procedures governing the use, maintenance, and disclosure of health information. (6) Federal rules governing the use, maintenance, and disclosure of health information are an essential part of health care reform, are necessary to support the computerization of health information, and can reduce the cost of providing health services by making the necessary transfer of health information more efficient. (7) An individual needs access to health information about the individual as a matter of fairness, to enable the individual to make informed decisions about health care, and to correct inaccurate or incomplete information. (b) Purposes.--The purposes of this Act are as follows: (1) To protect the privacy of health information that reveals the identity of an individual. (2) To define the rights and responsibilities of a person who creates or maintains individually identifiable health information that originates or is used in the health treatment or payment process. (3) To define the rights of an individual with respect to health information about the individual that is created or maintained as part of the health treatment and payment process. TITLE I--PROTECTION OF HEALTH INFORMATION SEC. 101. RESTRICTIONS ON USES. (a) In General.--Use of protected health information by health information custodians-- (1) shall protect the reasonable expectation of privacy of protected individuals; and (2) shall be in accordance with fair information practices. (b) Minimum Requirements.-- (1) Limitation on uses.--Unless otherwise authorized by a protected individual under section 103, a health information custodian may use protected health information only for the uses for which disclosure is authorized under title III. (2) Minimum amount of information.--A health information custodian shall limit use of protected health information to the minimum amount and duration necessary to accomplish the use. SEC. 102. RESTRICTIONS ON DISCLOSURE. (a) In General.--Disclosure of protected health information by a health information custodian shall protect the reasonable expectations of privacy of protected individuals. (b) Minimum Requirements.-- (1) Limitation on disclosures.--A health information custodian may not disclose protected health information unless-- (A) the disclosure is authorized by the protected individual under section 103; or (B) the disclosure is authorized under title III. (2) Minimum amount of information.--A health information custodian shall limit a disclosure of protected health information to the minimum amount of information necessary to accomplish the purpose for which the information is disclosed. (c) No Requirement To Disclose.--Nothing in this Act shall be construed as requiring disclosure of protected health information that is not otherwise required to be disclosed by law. SEC. 103. STANDARDS FOR AUTHORIZATIONS FOR USE AND DISCLOSURE. (a) In General.--A health information custodian may use or disclose protected information pursuant to an authorization by a protected individual only if that authorization is based on informed consent by the protected individual. (b) Minimum Requirements.-- (1) Prohibition on conditioning.--A health information custodian may not, as a condition of providing or paying for health care, require a protected individual to execute an authorization for use or disclosure of protected health information. (2) Informed consent.--For the purposes of subsection (a), an authorization shall not be considered to be based on informed consent unless, at a minimum, it satisfies the conditions in part II.D.1 of the Secretary's HIPAA recommendations (relating to ``Disclosure with Patient Authorization: Authorization Content''). SEC. 104. SAFEGUARDS AGAINST MISUSE AND PROHIBITED DISCLOSURES. (a) In General.--Health information custodians shall establish and implement safeguards against misuse and prohibited disclosure of protected health information. (b) Minimum Requirements.--The safeguards under subsection (a) shall include reasonable and appropriate administrative, technical, and physical safeguards-- (1) to ensure that protected health information is used or disclosed only when necessary; (2) to ensure the integrity and confidentiality of protected health information; (3) to protect against any reasonably anticipated threats or hazards to the security or integrity of the information or unauthorized use or disclosure of the information; and (4) otherwise to ensure compliance with this Act. (c) Mental Health and Other Especially Sensitive Information.--In establishing and implementing the safeguards under subsection (a), a health information custodian shall consider providing additional protections for mental health and other especially sensitive protected health information, as appropriate. (d) Relationship to Social Security Act Administrative Simplification Requirements.--Any safeguard established under this section shall be consistent with the standards adopted by the Secretary under paragraph (1) of section 1173(d) of the Social Security Act (42 U.S.C. 1320d-2(d)) and the requirement in paragraph (2) of such section. TITLE II--RIGHTS OF PROTECTED INDIVIDUALS SEC. 201. RIGHT OF ACCESS. (a) In General.--Protected individuals shall have the right to a reasonable opportunity to inspect and copy protected health information maintained by a health information custodian. (b) Minimum Requirements.--Subject to section 405(b), a health information custodian, at a minimum, shall provide a protected individual at least as much opportunity to inspect and copy protected health information as was recommended by the Secretary in part II.C.2 of the Secretary's HIPAA recommendations (relating to ``Patient Inspection and Copying of Records''). SEC. 202. RIGHT OF CORRECTION AND AMENDMENT. (a) In General.--Protected individuals shall have the right to a reasonable opportunity to correct or amend protected health information maintained by a health information custodian. (b) Minimum Requirements.--A health information custodian, at a minimum, shall provide a protected individual correction and amendment protections that are at least equivalent to those recommended by the Secretary in part II.C.3 of the Secretary's HIPAA recommendations (relating to ``Patient Correction of Records''). SEC. 203. RIGHT TO REVIEW DISCLOSURE HISTORY. (a) In General.--Protected individuals shall have the right to a reasonable opportunity to review a history of the disclosures of protected health information about the individual made by a health information custodian. (b) Minimum Requirements.--A health information custodian, at a minimum, shall implement procedures that ensure a protected individual at least as much opportunity to review the individual's disclosure histories as was recommended by the Secretary in part II.C.4 of the Secretary's HIPAA recommendations (relating to ``Disclosure History''). SEC. 204. RIGHT TO NOTICE OF INFORMATION PRACTICES AND OPPORTUNITY TO SEEK ADDITIONAL PROTECTIONS. (a) In General.--Protected individuals shall have-- (1) the right to notice of the information practices of health information custodians; and (2) a reasonable opportunity to seek limitations on the use and disclosure of protected health information in addition to the limitations provided in such practices. (b) Minimum Requirements.-- (1) Notice and opportunity to seek additional protections.--To the maximum extent practicable, before obtaining protected health information from a protected individual, a health information custodian-- (A) shall provide the protected individual with a clear and conspicuous notice of the custodian's health information practices, which notice shall include, at a minimum, the explanation recommended in part II.C.1 of the Secretary's HIPAA recommendations (relating to ``Explanation of Information Practices''); (B) shall provide the protected individual a reasonable opportunity to seek limitations on the use or disclosure of protected health information in addition to the limitations provided in such practices; and (C) shall obtain a signed acknowledgment from the protected individual acknowledging that the notice required under subparagraph (A) has been provided to the protected individual and the individual has been informed of the opportunity to seek additional limitations required to be provided under subparagraph (B). (2) Other health information custodians.--A health information custodian who receives protected health information about a protected individual from a source other than the individual shall provide a notice of the custodian's health information practices that is consistent with paragraph (1)(A) to the individual upon request. (c) Compliance.--If a protected individual seeks limitations on the use or disclosure of protected health information in addition to the limitations described in a health information custodian's notice of health information practices, and the custodian agrees to provide such additional limitations, the custodian shall comply with such additional limitations, unless such compliance would violate another provision of law. TITLE III--PERMISSIBLE DISCLOSURES OF PROTECTED HEALTH INFORMATION SEC. 301. PROVISION OF AND PAYMENT FOR HEALTH CARE. (a) In General.--A health information custodian, to the extent the Secretary determines appropriate, may disclose protected health information, without obtaining an authorization under section 103, for the purpose of providing health care to an individual or paying for health care provided to an individual, except as provided in subsection (c). (b) Construction.--For purposes of subsection (a), a disclosure of protected health information by a health information custodian for the purpose of rendering an employment decision, conducting a marketing activity, or conducting an insurance underwriting activity, shall not be considered a disclosure for the purpose of providing health care to an individual or paying for health care provided to an individual. (c) Special Rule for Patients Paying for Care.--In the case of health care provided to an individual who pays for the care himself or herself, a health information custodian may not disclose to a health care payer, without obtaining an authorization under section 103, protected health information created or received in the course of providing such care. SEC. 302. HEALTH OVERSIGHT. (a) In General.--A health information custodian, to the extent the Secretary determines appropriate, may disclose protected health information for the purpose of health oversight, without obtaining an authorization under section 103. (b) Minimum Requirements.--The Secretary-- (1) shall permit a health information custodian to disclose protected health information to Federal, State, and local agencies (or affiliated persons of such agencies) that are authorized by law to investigate, regulate, enforce laws relating to, or license, certify, or accredit persons engaged in, the provision of, or payment for, health care; and (2) may permit a health information custodian to disclose protected health information to appropriate private organizations engaged in licensing, certification, or accreditation of health care providers. SEC. 303. PUBLIC HEALTH. A health information custodian, to the extent the Secretary determines appropriate, may disclose protected health information, without obtaining an authorization under section 103-- (1) to a public health authority for use in legally authorized disease or injury reporting, public health surveillance, or a public health investigation or intervention; or (2) to a person who is otherwise authorized by law or a public health authority to receive the information for public health purposes. SEC. 304. HEALTH RESEARCH. (a) In General.--A health information custodian, to the extent the Secretary determines appropriate, may disclose protected health information for health research, without obtaining an authorization under section 103. (b) Minimum Requirements.--A health information custodian may disclose protected health information without such an authorization only for uses that have been approved by an entity certified by the Secretary. (c) Regulations.--The Secretary shall promulgate regulations that, at a minimum-- (1) require that, before approving a use of protected health information for purposes of subsection (b), a certified entity shall determine that-- (A) the importance of the health research outweighs the intrusion into the privacy of the protected individuals who are the subjects of the protected health information; and (B) it would be impracticable to conduct the health research without using the protected health information; (2) establish requirements for certifying entities that ensure that such entities-- (A) meet the requirements for institutional review boards established under section 491(a) of the Public Health Service Act with respect to information protection, use, and disclosure; and (B) are qualified to assess and protect the confidentiality of protected health information; and (3) require a person conducting health research to remove or destroy personal identifiers at the earliest opportunity consistent with the purpose of the research, unless a certified entity has determined that there is a health or research justification for retention of identifiers and the person has an adequate plan to protect the identifiers from improper use and disclosure. SEC. 305. LAW ENFORCEMENT. (a) In General.--A health information custodian may disclose protected health information to a law enforcement official for a law enforcement inquiry if the law enforcement official complies with the fourth amendment to the Constitution. (b) Construction.--For purposes of subsection (a), all protected health information shall be treated as if it were held in a home over which the protected individual has exclusive authority. (c) Relationship to Health Oversight Activities.--This section shall not apply to a disclosure of protected health information for purposes of health oversight. SEC. 306. JUDICIAL OR ADMINISTRATIVE PROCEEDINGS. (a) In General.--A health information custodian, to the extent the Secretary determines appropriate, may disclose protected health information, without obtaining an authorization under section 103, pursuant to-- (1) a judicial or administrative subpoena issued in a civil administrative or judicial adjudication; or (2) a subpoena issued by a defendant in a criminal proceeding. (b) Minimum Requirements.--A health information custodian may not disclose protected health information about a protected individual under this section, unless the individual has had-- (1) reasonable notice of the subpoena; and (2) a reasonable opportunity to move the court, or other presiding official, to quash the subpoena on the basis that the individual's privacy interest outweighs the interest of the person seeking the information. SEC. 307. OTHER DISCLOSURES. A health information custodian, to the extent the Secretary determines appropriate, may disclose protected health information, without obtaining an authorization under section 103-- (1) where necessary to prevent or lessen a serious threat to the health or safety of an individual; (2) to a next of kin; (3) to individuals with close personal relationships with the protected individual; (4) for purposes of directory information within a health care facility; and (5) for State data systems. SEC. 308. REDISCLOSURES. (a) In General.--A health information custodian who receives protected health information through a disclosure under this title, to the extent the Secretary determines appropriate, may redisclose such information to carry out the purposes for which the information was disclosed to the custodian. (b) Prohibition.--Notwithstanding subsection (a), protected health information received by a health information custodian through a disclosure under this title may not be disclosed to any person for use in, or be used in, any administrative, civil, or criminal action or investigation directed against the protected individual who is the subject of the information, unless-- (1) the action or investigation arises out of and is directly related to the purpose for which the information was obtained by the custodian; or (2) the use or disclosure is authorized-- (A) by law for the protection of the public health; or (B) by an appropriate order of a court of competent jurisdiction, granted, after a hearing with notice to the health information custodian and to all other affected individuals, on the basis that there is-- (i) probable cause to believe that all other possible sources for the information have been exhausted; and (ii) a specific and compelling public interest in disclosure or use that outweighs-- (I) the privacy interest of the protected individual; (II) the effect of the disclosure on future provision of health care; and (III) the effect of the disclosure on health research and health oversight functions. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. SPECIFIC CLASSES OF INDIVIDUALS. (a) Minors.--Individuals under the age of 18 shall have privacy protections regarding protected health information that are at least equivalent to those recommended in part II.F.4 of the Secretary's HIPAA recommendations (relating to ``Minors''). (b) Agents and Attorneys.-- (1) In general.--To the extent the Secretary determines appropriate, a person may exercise the rights of a protected individual under this Act, if-- (A) the person is authorized by law (other than on account of minority), or by an instrument recognized under law, to act for the protected individual; or (B) the protected individual is not capable of exercising his or her rights under this Act and there has been no formal legal arrangement for others to exercise the rights. (2) Relationship to recommendations.--The authority of such a person to exercise the rights of a protected individual shall be equivalent to the authority described in parts II.F.5 and II.F.6 of the Secretary's HIPAA recommendations (relating to ``Powers of Attorney'' and ``Patients Unable to Make Choices for Themselves''). (c) Deceased Persons.--Deceased individuals shall have privacy protections regarding protected health information that are at least equivalent to those recommended by the Secretary in part II.F.1 of the Secretary's HIPAA recommendations (relating to ``Deceased Persons''). SEC. 402. FALSE PRETENSES. A person may not-- (1) obtain or disclose protected health information from a health information custodian or affiliated person under false pretenses; or (2) knowingly disseminate protected health information obtained in violation of this Act. SEC. 403. OBLIGATIONS OF AFFILIATED PERSONS. An affiliated person shall be subject to the same requirements with respect to use and disclosure of protected health information as apply to the health information custodian with whom the affiliated person is affiliated, except that an affiliated person-- (1) is subject to the requirements of sections 201 and 202 only if the affiliated person maintains the individual's protected health information and the health information custodian does not maintain the individual's protected health information; and (2) is subject to the requirements of section 203 only to the extent that the affiliated person makes a disclosure. SEC. 404. PROHIBITION OF RETALIATION WITH RESPECT TO EMPLOYMENT. A person may not subject an individual to retaliation, in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of employment, for reporting to a governmental agency conditions that may constitute a violation of a requirement under this Act. SEC. 405. MENTAL HEALTH AND OTHER ESPECIALLY SENSITIVE INFORMATION. (a) Additional Limitations.--Not later than 1 year after the date of the enactment of this Act, the Secretary-- (1) shall consider, after consulting with physicians and other health care providers, patients, and other appropriate groups, additional limitations relating to access to, and use and disclosure of, mental health and other especially sensitive protected health information; and (2) shall promulgate regulations to provide any such additional limitations as the Secretary determines to be appropriate. (b) Right of Access.--For purposes of subsection (a)(2), the Secretary may limit an individual's access to his or her mental health information, if the information is not used by, or disclosed to, any person other than the health care provider who received or created the information. (c) Psychotherapist-Patient Privilege.--Nothing in this Act shall be construed to preempt, supersede, or modify the operation of the psychotherapist-patient privilege recognized by the Supreme Court in Jaffee v. Redmond, 518 U.S. 1 (1996). SEC. 406. CESSATION OF OPERATIONS. Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate regulations that ensure that the reasonable expectation of privacy of protected individuals in protected health information is maintained when health information custodians cease operations. SEC. 407. CONFORMING AMENDMENTS TO FEDERAL PRIVACY ACT. (a) New Subsection.--Section 552a of title 5, United States Code, is amended by adding at the end the following: ``(w) Medical Exemptions.--The head of an agency that is a health information custodian (as defined in section 504 of the Health Information Privacy Act) shall promulgate rules, in accordance with the requirements (including general notice) of subsections (b)(1), (b)(2), (b)(3), (c), and (e) of section 553 of this title, to exempt a system of records within the agency, to the extent that the system of records contains protected health information (as defined in section 504 of such Act), from all provisions of this section except subsections (e)(1), (e)(2), subparagraphs (A) through (C) and (E) through (I) of subsection (e)(4), and subsections (e)(5), (e)(6), (e)(9), (e)(12), (l), (n), (o), (p), (q), (r), and (u).''. (b) Repeal.-- (1) In general.--Section 552a(f)(3) of title 5, United States Code, as amended by this Act, is amended by striking ``pertaining to him,'' and all that follows through the semicolon and inserting ``pertaining to the individual;''. (2) Effective date.--The amendment made by paragraph (1) shall take effect 18 months after the date of the enactment of this Act. TITLE V--GENERAL PROVISIONS SEC. 501. AUTHORITY OF THE SECRETARY. (a) Regulations.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to implement this Act, including regulations establishing recordkeeping or reporting requirements. Such regulations may provide greater protection of protected health information, or more rights to protected individuals regarding such information, than is provided by the minimum requirements set forth in this Act. (2) Protections for other health information.--The Secretary may promulgate such regulations as may be necessary to protect the privacy of individually identifiable health information that is not protected health information. (3) Consultation.--In promulgating regulations under this Act, the Secretary shall consult with elected State and local government officials. (b) Research and Development.--The Secretary may sponsor or carry out research and development activities related to the protection of the privacy of individually identifiable health information. (c) Public Awareness and Training.--The Secretary may sponsor or carry out activities to inform protected individuals of their rights under this Act or to inform other persons of their rights or responsibilities under this Act. The Secretary may also sponsor or carry out training to increase compliance with requirements under this Act. (d) Other Authorities.--The Secretary may hold hearings, administer oaths, require the testimony or deposition of witnesses, require the production of documents or the answering of interrogatories, or enter and inspect premises owned or controlled by health information custodians in order to ensure compliance with this Act or otherwise further the purposes of this Act. SEC. 502. ENFORCEMENT. (a) Equitable Relief.--The Secretary may bring an action in an appropriate court to enjoin a violation of a requirement under this Act or to obtain such other equitable relief as may be appropriate under the circumstances. (b) Civil Money Penalties.--Any person who the Secretary determines has failed to comply with a requirement under this Act shall be subject, in addition to any other penalties that may be prescribed by law, to a civil penalty of not more than $10,000 for each such failure. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to the imposition of a civil money penalty under this subsection in the same manner as such provisions apply with respect to the imposition of a penalty under section 1128A of such Act. (c) Criminal Penalties.-- (1) In general.--Whoever knowingly violates a requirement under this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Monetary gain.--Whoever knowingly violates a requirement under this Act, with the intent to sell, transfer, or use protected health information obtained through the violation for profit or monetary gain, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. (d) Civil Actions.-- (1) In general.-- (A) Injunction or damages.--A protected individual who is adversely affected by a person's violation of a requirement under this Act may bring an action-- (i) to enjoin the violation; or (ii) in the case of a knowing or negligent violation, to recover from the person the greater of-- (I) the compensatory damages (including nonpecuniary damages) incurred by the protected individual as a result of the violation; or (II) liquidated damages of $5,000 per action. (B) Costs and attorney's fees.--A protected individual bringing an action under subparagraph (A) may recover the costs of litigation and reasonable attorney's fees (including expert fees). The United States shall be liable for fees and costs under this subparagraph the same as a private person. (C) Punitive damages.--In the case of a knowing violation, the person committing the violation may also be held liable for punitive damages. (2) Time for commencing action.--An action under this subsection shall be commenced not later than 3 years after the date on which the violation was discovered or reasonably should have been discovered. SEC. 503. RELATIONSHIP TO OTHER LAWS. (a) In General.-- (1) Federal, state, or local laws.--The requirements under this Act shall not preempt, supersede, or modify the operation of, any Federal, State, or local law that provides-- (A) greater protection of protected health information; or (B) more rights to protected individuals regarding such information. (2) Petitions.-- (A) Advisory determinations.--Any person may petition the Secretary for an advisory determination whether the operation of a particular Federal, State, or local law satisfies the standard in paragraph (1). Any person who acts in reliance on such advisory determination shall not be subject to any penalty or liability under section 502, except as provided in subparagraph (B). (B) Contrary court determination.--If a Federal or State court has reached a determination whether the operation of a particular Federal, State, or local law satisfies the standard in paragraph (1), a person thereafter may not rely on an advisory determination under subparagraph (A) to the contrary. (b) Specific Laws.--This Act shall not be construed to preempt, supersede, or modify the operation of, any of the following: (1) Any law that provides for the reporting of vital statistics such as birth or death information. (2) Any law that requires the reporting of abuse or neglect information about an individual or other information relating to violence against an individual. (3) Subpart II of part E of title XXVI of the Public Health Service Act (relating to notifications of emergency response employees of possible exposure to infectious diseases). (4) The Americans with Disabilities Act of 1990. (5) Any law that establishes a privilege for records used in health professional peer review activities. (6) Any law that requires the disclosure of protected health information, if the disclosure is permitted under this Act. (c) Department of Veterans Affairs.--The limitations on use and disclosure of protected health information under this Act shall not be construed to prevent any exchange of such information within and among components of the Department of Veterans Affairs that determine eligibility for or entitlement to, or that provide, benefits under laws administered by the Secretary of Veterans Affairs. (d) Congress.--Nothing in this Act shall be interpreted to affect the ability of the Congress, a committee of the Congress, or the Members of the Congress referred to in section 2954 of title 5, United States Code, to obtain such information as may be necessary for the fulfillment of the Congress', the committee's, or the Members' legislative or oversight functions. (e) Privileges.--A disclosure about a protected individual made under title III, or a protected individual's disclosure of protected health information for the purpose of obtaining, or paying for, health care, may not be construed as diminishing, waiving, or otherwise impairing any privilege that the protected individual has in a court of a State or the United States. SEC. 504. DEFINITIONS. For purposes of this Act: (1) Affiliated person.--The term ``affiliated person'' means a person who-- (A) is not a health information custodian; (B) is an agent or contractor of a health information custodian; and (C) pursuant to an agreement with such custodian, receives, creates, uses, maintains, or discloses protected health information. (2) Disclose.--The term ``disclose'', when used with respect to protected health information, means to provide access to the information to a person other than-- (A) the custodian or an officer or employee of the custodian; (B) an affiliated person of the custodian; or (C) a protected individual who is a subject of the information. (3) Disclosure.--The term ``disclosure'' means the act or an instance of disclosing. (4) Health care.--The term ``health care'' means-- (A) any preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, counseling, service, or procedure-- (i) with respect to the physical or mental condition, or functional status, of an individual; or (ii) affecting the structure or function of the human body or any part of the human body, including banking of blood, sperm, organs, or any other tissue for administration to patients; or (B) any sale or dispensing of a drug, device, equipment, or other item to an individual, or for the use of an individual, pursuant to a prescription. (5) Health care payer.--The term ``health care payer'' means a person who pays for health care in the ordinary course of business. (6) Health care provider.--The term ``health care provider'' means a person who provides health care in the ordinary course of business or practice of a profession, pursuant to license, certification, accreditation, or other legal authorization. (7) Health information custodian.-- (A) In general.--The term ``health information custodian'' means a health care provider, a health care payer, or any other person who obtains protected health information as a result of a disclosure authorized under this Act. (B) Exceptions.--Such term does not include-- (i) an affiliated person; (ii) an individual who obtains protected health information under paragraph (2), (3), or (4) of section 307; or (iii) an individual who receives protected health information in a public health intervention because the individual's health is at risk. (8) Health research.--The term ``health research'' means a biomedical, epidemiological, or health services research or statistics project, or a research project on behavioral and social factors affecting health, that is designed to develop or contribute to generalizable scientific or clinical knowledge. (9) Law enforcement inquiry.--The term ``law enforcement inquiry'' means a lawful investigation or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute or any regulation, rule, or order issued pursuant to such a statute. (10) Person.--The term ``person'' includes an authority of the United States, a State, or a political subdivision of a State. (11) Protected health information.--The term ``protected health information'' means any information, whether oral or recorded in any form or medium, that-- (A) relates in any way to the past, present, or future physical or mental health or condition of a protected individual, the provision of health care to an individual, or payment for the provision of health care to an individual; (B) is received or created by a health care provider in the ordinary course of business or practice of a profession or by a health care payer, or is obtained as a result of a disclosure authorized under this Act; and (C) identifies the individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. (12) Protected individual.--The term ``protected individual'' means an individual who is the subject of protected health information. (13) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (14) Secretary's hipaa recommendations.--The term ``Secretary's HIPAA recommendations'' means the recommendations of the Secretary of Health and Human Services, pursuant to section 264 of the Health Insurance Portability and Accountability Act of 1996, entitled ``Confidentiality of Individually-Identifiable Health Information'' that were submitted to the Committee on Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Finance of the Senate, on September 11, 1997. (15) State.--The term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (16) Use.--The term ``use'', when used with respect to protected health information that is held by a health information custodian, means-- (A) to use, or provide access to, the information in any manner that does not constitute a disclosure; or (B) any act or instance of using, or providing access, described in subparagraph (A). SEC. 505. EFFECTIVE DATE. The requirements under this Act applicable to health information custodians and affiliated persons shall take effect 18 months after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:48.461722

BILLS-106hr1944ih

To approve a mutual settlement of the Water Rights of the Gila River Indian Community and the United States, on behalf of the Community and the Allottees, and Phelps Dodge Corporation, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1944 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1944 To approve a mutual settlement of the Water Rights of the Gila River Indian Community and the United States, on behalf of the Community and the Allottees, and Phelps Dodge Corporation, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Shadegg introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To approve a mutual settlement of the Water Rights of the Gila River Indian Community and the United States, on behalf of the Community and the Allottees, and Phelps Dodge Corporation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Gila River Indian Community-- Phelps Dodge Corporation Water Rights Settlement Act of 1999'' and is herein referred to as ``this Act''. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the Several States and with the Indian tribes, as set forth in section 8 of Article I of the United States Constitution. SEC. 3. PURPOSE. It is the purpose of this Act-- (1) to ratify, approve and confirm the Settlement Agreement among the Gila River Indian Community, Phelps Dodge Corporation, and the United States of America; (2) to authorize and direct the Secretary of the interior to execute and perform his duties under the Settlement Agreement and this Act; and (3) to authorize and direct the Secretary to perform certain actions which will assist in achieving a settlement of the water rights claims of certain Indian tribes in the Little Colorado River Basin in Arizona. SEC. 4. DEFINITIONS. As used in this Act, the following terms have the following meaning: (1) ``Allottees'' shall mean the owners of beneficial interests in allotted land within the Gila River Indian Reservation. (2) ``Blue Ridge Reservoir'' means that Reservoir in Navajo County, Arizona, owned by Phelps Dodge, as more fully described in the Settlement Agreement. (3) ``CAP'' shall mean the Central Arizona Project, a reclamation project constructed by the United States pursuant to the Colorado River Basin Project Act of September 30, 1968, 82 Stat. 885, as amended. (4) ``CAWCD'' shall mean the Central Arizona Water Conservation District, a political subdivision of the State of Arizona, which has executed a contract to repay to the United States the reimbursable costs of the CAP. (5) ``Community'' shall mean the Gila River Indian Community, an Indian community organized under section 16 of the Indian Reorganization Act of June 18, 1934, 48 Stat. 987, duly recognized by the Secretary, and its members. (6) ``Community's CAP Contract'' shall mean that contract between the Gila River Indian Community and the United States, dated October 22, 1992, providing for the delivery to the Gila River Indian Community of up to 173,100 acre-feet per annum of CAP water. (7) ``Globe Equity No. 59'' shall mean the decree entered June 29, 1935, in that action styled as The United States of America v. Gila Valley Irrigation District, et al., Globe Equity No. 59 in the District Court of the United States in and for the District of Arizona, as amended and supplemented. (8) ``Hopi tribe'' shall mean the federally recognized Indian tribe of that name. (9) ``Navajo Nation'' shall mean the federally recognized Indian tribe of that name. (10) ``Phelps Dodge'' shall mean Phelps Dodge Corporation, a New York corporation, its subsidiaries, affiliates, predecessors, successors and assigns. (11) ``Pueblo of Zuni'' shall mean the federally recognized Indian tribe of that name. (12) ``Reservation'' shall mean the Gila River Indian Reservation, as it existed on the Initial Effective Date of the Settlement Agreement, as shown on the map attached to the Settlement Agreement as exhibit ``B'' thereto. (13) ``San Juan Southern Paiute Tribe'' shall mean the federally recognized Indian tribe of that name. (14) ``Secretary'' shall mean the Secretary of the Interior or his lawful designee. (15) ``Settlement Agreement'' shall mean that agreement dated as of May 4, 1998, among Phelps Dodge, the Community and the United States. (16) ``SRP'' shall mean the Salt River Project Agricultural Improvement and Power District, a political subdivision of the State of Arizona, and the Salt River Valley Water Users' Association, an Arizona corporation. (17) ``United States'' shall mean the United States of America, in its capacity as trustee for the Community and of the Reservation; as trustee for the Allottees and of allotted lands on the Reservation; and, with respect to section 5.2 of the Settlement Agreement, in all other capacities required in order to execute the agreements and other instruments and to take the actions referred to in section 5.2 of the Settlement Agreement, including acting for the part of Defense Plant Corporation. SEC. 5. APPROVAL OF SETTLEMENT AGREEMENT. The Settlement Agreement is ratified, approved and confirmed. The Secretary shall execute the Settlement Agreement within sixty days of the enactment of this Act and shall perform all of the Secretary's duties thereunder as provided herein and in the Settlement Agreement. SEC. 6. TRANSFER OF RESERVOIRS. The Secretary shall take all actions specified in section 5.0 of the Settlement Agreement necessary on the Secretary's part to obtain title to Blue Ridge Reservoir from Phelps Dodge. The title to Blue Ridge Reservoir, once acquired by the Secretary, shall be held by the Secretary in trust for the benefit of the Navajo Nation. In connection with the Secretary's performance of his obligations under section 5.0 of the Settlement Agreement, the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the Pueblo of Zuni, and the United States, on behalf of each of them, are authorized to execute waivers of claims against Phelps Dodge and agreements not to object to certain uses of water by Phelps Dodge in substantially the form of exhibits ``E'' and ``J'' to the Settlement Agreement, which waivers and agreements are hereby ratified, approved and confirmed. The Navajo Nation, and the United States on behalf of the Navajo Nation, is further authorized to enter into an agreement with the Arizona Game & Fish Department confirming a minimum pool of water in Blue Ridge Reservoir and for other purposes in substantially the form of exhibits ``G'' and ``I'' to the Settlement Agreement, which agreements are hereby ratified, approved and confirmed. SEC. 7. REALLOCATION OF CAP WATER. Simultaneously with the transfer of Blue Ridge Reservoir to the United States as provided for in section 6 of this Act, the Secretary shall: (i) reallocate to the Community 12,000 acre-feet of the CAP water available to the Secretary pursuant to section 406(b) of title IV of Public Law 101-628, 104 Stat. 4483; (ii) amend the Community's CAP Contract to include the CAP water reallocated to the Community pursuant to this section; and, (iii) amend the Community's CAP Contract to extend the term thereof to 100 years, plus such additional term as may result from the exercise of the option provided for in, or other extension of, the Lease referred to in section 8 of this Act. (1) All water service capital charges and other capital charges of any nature associated with the CAP water reallocated to the Community pursuant to this Act shall be non-reimbursable to the United States by the Community. (2) All water service capital charges and other capital charges of any nature associated with 10,000 acre-feet of that CAP water currently available to the Community under the Community's CAP Contract which shares a priority with 510,000 acre-feet of non-Indian municipal and industrial CAP water shall be non-reimbursable to the United States by the Community. (3) For purposes of determining the allocation and repayment of costs of the CAP as provided in article 9.3 of Contract Number 14-0906-09W-09245, amendment No. 1, between the United States and CAWCD dated December 1, 1988, and any amendment or revision thereof, all of the water service capital charges and other capital charges of any nature associated with the water described in subsections 7(a) and 7(b) of this Act shall be non-reimbursable and shall be excluded from CAWCD's repayment obligation. (4) The United States shall either-- (A) not charge operation, maintenance, and replacement (OM&R) charges to the Community on the first 8,000 acre-feet of CAP water made available to the Community pursuant to this Act, and shall itself pay any such charges as are associated with such 8,000 acre-feet of CAP water; or (B) charge the Community only that portion of the OM&R charges associated with electrical energy pumping for the entire 12,000 acre-feet of CAP water made available to the Community pursuant to this Act, and shall itself pay other OM&R charges associated with such 12,000 acre-feet of CAP water. (5) In the event the CAP water made available to the Community pursuant to this Act is leased to Phelps Dodge as provided for in section 8 of this Act, the charges by the United States to Phelps Dodge for such water when delivered under the Lease shall be as provided in subsections (d)(1) or (d)(2) of this section 6. (6) In the event the exchange provided for in section 8 of this Act is not approved, the Secretary shall reallocate to Phelps Dodge 8,000 acre-feet of the CAP water referred to in subsection 6(b) hereof, shall amend the Community's CAP contract to reflect such reallocation, and shall enter into a contract with Phelps Dodge for permanent service for the delivery of such water to Phelps Dodge through the works of the CAP. The CAP water shall be free of all capital charges as provided in subsections 7(b) and 7(c) of this Act. The United States shall charge Phelps Dodge OM&R charges for such water only as provided in either subsections 7(d)(1) or 7(d)(2) hereof and shall itself pay such portions of the OM&R charges as are not paid by Phelps Dodge. (7) The provisions of section 226 of Public Law 97-293 (96 Stat. 1273, 43 U.S.C. 485h(f)) shall not apply to actions taken by the Secretary pursuant to sections 7, 8, or 9 of this Act. SEC. 8. CAP WATER LEASE. The Lease referred to in section 7.0 of the Settlement Agreement and attached thereto as exhibit ``M'' is hereby ratified, approved and confirmed. Notwithstanding the preceding sentence, the Lease shall not be effective as to the United States, and the Secretary shall not execute the Lease, until all environmental compliance associated with the Secretary's execution of the Lease has been completed and the exchange referred to in section 9 of this Act has been approved as provided in that section. In the event the Lease becomes effective, the Secretary and the Community may renew or extend the Lease at the end of the initial term, or any extended term of the Lease provided for in the initial Lease, upon such terms as the Community, the Secretary and Phelps Dodge may agree, provided that any such renewal or extension shall not exceed 100 years in term. Subject to the completion of environmental compliance, CAP water made available pursuant to the Lease may be used in the manner and at the locations provided for therein, including exchange for use in any county in Arizona outside the CAWCD service area. SEC. 9. EXCHANGE AGREEMENT. The Secretary and the Community are authorized to enter into an exchange agreement with Phelps Dodge pursuant to which the CAP water leased to Phelps Dodge by the Community under the Lease authorized under section 8 of this Act is delivered by Phelps Dodge to the Community in return for the right to divert water from the Gila River upstream of the Reservation. The term of any such exchange agreement, if approved as required by this section, shall be for 100 years, plus any additional term occasioned by the exercise of the option contained in the Lease or other extension authorized in the Lease or this Act. The Secretary shall commence negotiations with respect to the exchange agreement forthwith upon the enactment of this Act and shall process all environmental compliance associated with the exchange agreement and the Lease in an expeditious manner. The Secretary shall not execute the exchange agreement until all such environmental compliance has been finally concluded as provided in the Settlement Agreement and any necessary order approving the exchange, or any aspect of the exchange, has been obtained from the United States District Court in Globe Equity No. 59 and the order is final and subject to no further appeal. SEC. 10. APPROVAL OF WAIVERS. The waivers set forth in section 9.0 of the Settlement Agreement shall be effective, and shall be binding upon, the Community, and the United States, on behalf of the Community and the Allottees, from and after the date either of the conditions set forth in section 4(c) of the Settlement Agreement occurs. The United States is authorized and directed to execute the Settlement Agreement on behalf of the Allottees in its capacity as trustee for the Allottees and of allotted lands on the Reservation, and the Settlement Agreement shall be binding upon the Allottees. SEC. 11. MISCELLANEOUS. (a) Execution of the Settlement Agreement by the Secretary as required by this Act, and the Secretary's performance of the actions necessary to acquire title to Blue Ridge Reservoir for the benefit of the Navajo Nation pursuant to section 5.0 of the Settlement Agreement shall not constitute major Federal actions under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out all environmental compliance required by sections 8 and 9 of this Act. Nothing in this Act shall be construed as exempting the United States from carrying out environmental compliance associated with the use of water from Blue Ridge Reservoir by the United States for the benefit of the Navajo Nation in the Little Colorado River Basin in Arizona. (b) The Navajo Nation, and the United States on behalf of the Navajo Nation, are authorized to enter into an agreement with the Town of Payson, Arizona, and the unincorporated communities of Pine and Strawberry, Arizona (``the Towns'') or any one of them, to subordinate water rights held in Blue Ridge Reservoir by the United States for the benefit of the Navajo Nation to rights to the use of not to exceed a cumulative total of 3,000 acre-feet per annum of water in Blue Ridge Reservoir acquired by the Towns pursuant to the law of the State of Arizona. (c) The Navajo Nation, and the United States on behalf of the Navajo Nation, are authorized to enter into an agreement with Phelps Dodge to subordinate water rights held in Blue Ridge Reservoir by the United States on behalf of the Navajo Nation to water rights acquired by Phelps Dodge in Blue Ridge Reservoir subsequent to the date of the enactment of this Act pursuant to the law of the State of Arizona for use on land owned by Phelps Dodge around Blue Ridge Reservoir identified in the Settlement Agreement. The term of any such agreement and the consideration to be paid therefor shall be as agreed to among the Navajo Nation and Phelps Dodge. (d) With regard to the environmental compliance required for the actions contemplated in sections 8 and 9 of this Act, the Bureau of Reclamation shall be designated as the lead agency, and shall coordinate and cooperate with the other affected Federal agencies as required under applicable Federal environmental laws. (e) The Secretary and the Community are authorized to execute any amendments of the Settlement Agreement and to perform any action required by any amendments to the Settlement Agreement which may be mutually agreed upon by the parties. (f) Except for the waivers authorized by section 6 of this Act, nothing in this Act or the Settlement Agreement shall be construed to quantify or otherwise affect the water rights, claims or entitlement to water of any Arizona tribe, band or community or of any claimant in the Gila River Adjudication, other than the Community, the United States on behalf of the Community and the Allottees, and Phelps Dodge. (g) Any party to the Settlement Agreement, and to the Lease and the exchange agreement referred to in sections 8 and 9 of this Act, respectively, if the same are approved, may bring an action or actions exclusively in the United States District Court for the District of Arizona for the interpretation and enforcement of this Act, the Settlement Agreement, the Lease and the exchange agreement, naming the United States and the Community as parties, and in any such action or actions, any claim by the United States or the Community to sovereign immunity from suit is hereby waived. <all>

usgpo

2024-06-24T03:05:48.530506

BILLS-106hr1940ih

To amend the Internal Revenue Code of 1986 to clarify the tax treatment of Settlement Trusts established pursuant to the Alaska Native Claims Settlement Act.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1940 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1940 To amend the Internal Revenue Code of 1986 to clarify the tax treatment of Settlement Trusts established pursuant to the Alaska Native Claims Settlement Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to clarify the tax treatment of Settlement Trusts established pursuant to the Alaska Native Claims Settlement Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS. (a) Tax Exemption.--Section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(28) A trust which-- ``(A) constitutes a Settlement Trust under section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e), and ``(B) with respect to which an election under subsection (p)(2) is in effect.'' (b) Special Rules Relating to Taxation of Alaska Native Settlement Trusts.--Section 501 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Special Rules for Taxation of Alaska Native Settlement Trusts.-- ``(1) In general.--For purposes of this title, the following rules shall apply in the case of a Settlement Trust: ``(A) Electing trust.--If an election under paragraph (2) is in effect for any taxable year-- ``(i) no amount shall be includible in the gross income of a beneficiary of the Settlement Trust by reason of a contribution to the Settlement Trust made during such taxable year, and ``(ii) except as provided in this subsection, the provisions of subchapter J and section 1(e) shall not apply to the Settlement Trust and its beneficiaries for such taxable year. ``(B) Nonelecting trust.--If an election is not in effect under paragraph (2) for any taxable year, the provisions of subchapter J and section 1(e) shall apply to the Settlement Trust and its beneficiaries for such taxable year. ``(2) One-time election.-- ``(A) In general.--A Settlement Trust may elect to have the provisions of this subsection and subsection (c)(28) apply to the trust and its beneficiaries. ``(B) Time and method of election.--An election under subparagraph (A) shall be made-- ``(i) on or before the due date (including extensions) for filing the Settlement Trust's return of tax for the 1st taxable year of the Settlement Trust ending after the date of the enactment of this subsection, and ``(ii) by attaching to such return of tax a statement specifically providing for such election. ``(C) Period election in effect.--Except as provided in paragraph (3), an election under subparagraph (A)-- ``(i) shall apply to the 1st taxable year described in subparagraph (B)(i) and all subsequent taxable years, and ``(ii) may not be revoked once it is made. ``(3) Special rules where transfer restrictions modified.-- ``(A) Transfer of beneficial interests.--If, at any time, a beneficial interest in a Settlement Trust may be disposed of in a manner which would not be permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if the interest were Settlement Common Stock-- ``(i) no election may be made under paragraph (2)(A) with respect to such trust, and ``(ii) if an election under paragraph (2)(A) is in effect as of such time-- ``(I) such election is revoked as of the 1st day of the taxable year following the taxable year in which such disposition is first permitted, and ``(II) there is hereby imposed on such trust a tax equal to the product of the fair market value of the assets held by the trust as of the close of the taxable year in which such disposition is first permitted and the highest rate of tax under section 1(e) for such taxable year. The tax imposed by clause (ii)(II) shall be in lieu of any other tax imposed by this chapter for the taxable year. ``(B) Stock in corporation.--If-- ``(i) the Settlement Common Stock in any Native Corporation which transferred assets to a Settlement Trust making an election under paragraph (2)(A) may be disposed of in a manner not permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)), and ``(ii) at any time after such disposition of stock is first permitted, such corporation transfers assets to such trust, clause (ii) of subparagraph (A) shall be applied to such trust on and after the date of the transfer in the same manner as if the trust permitted dispositions of beneficial interests in the trust in a manner not permitted by such section 7(h). ``(C) Administrative provisions.--For purposes of subtitle F, any tax imposed by subparagraph (A)(ii)(II) shall be treated as an excise tax with respect to which the deficiency procedures of such subtitle apply. ``(4) Distribution requirement on electing settlement trust.-- ``(A) In general.--If an election is in effect under paragraph (2) for any taxable year, a Settlement Trust shall distribute at least 55 percent of its adjusted taxable income for such taxable year. ``(B) Tax imposed if insufficient distribution.--If a Settlement Trust fails to meet the distribution requirement of subparagraph (A) for any taxable year, then, notwithstanding subsection (c)(28), a tax shall be imposed on the trust under section 1(e) on an amount of taxable income equal to the amount of such failure. ``(C) Designation of distribution.--Solely for purposes of meeting the requirements of this paragraph, a Settlement Trust may elect to treat any distribution (or portion) during the 65-day period following the close of any taxable year as made on the last day of such taxable year. Any such distribution (or portion) may not be taken into account under this paragraph for any other taxable year. ``(D) Adjusted taxable income.--For purposes of this paragraph, the term `adjusted taxable income' means taxable income determined under section 641(b) without regard to any deduction under section 651 or 661. ``(5) Tax treatment of distributions to beneficiaries.-- ``(A) Electing trust.--If an election is in effect under paragraph (2) for any taxable year, any distribution to a beneficiary shall be included in gross income of the beneficiary as ordinary income. ``(B) Nonelecting trusts.--Any distribution to a beneficiary from a Settlement Trust not described in subparagraph (A) shall be includible in income to the extent provided under subchapter J. ``(6) Definitions.--For purposes of this subsection-- ``(A) Native corporation.--The term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). ``(B) Settlement trust.--The term `Settlement Trust' means a trust which constitutes a Settlement Trust under section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e).'' (c) Withholding on Distributions by Electing ANCSA Settlement Trusts.--Section 3402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(t) Tax Withholding on Distributions by Electing ANCSA Settlement Trusts.-- ``(1) In general.--Any Settlement Trust (as defined in section 501(p)(6)(B)) which is exempt from income tax under section 501(c)(28) (in this subsection referred to as an `electing trust') and which makes a payment to any beneficiary shall deduct and withhold from such payment a tax in an amount equal to such payment's proportionate share of the annualized tax. ``(2) Exception.--The tax imposed by paragraph (1) shall not apply to any payment to the extent that such payment, when annualized, does not exceed an amount equal to the sum of-- ``(A) the basic standard deduction (as defined in section 63(c)) for an individual to whom section 63(c)(2)(C) applies; and ``(B) the exemption amount (as defined in section 151(d)). ``(3) Annualized tax.--For purposes of paragraph (1), the term `annualized tax' means, with respect to any payment, the amount of tax which would be imposed by section 1(c) (determined without regard to any rate of tax in excess of 31 percent) on an amount of taxable income equal to the excess of-- ``(A) the annualized amount of such payment, over ``(B) the amount determined under paragraph (2). ``(4) Annualization.--For purposes of this subsection, amounts shall be annualized in the manner prescribed by the Secretary. ``(5) No application to third party payments.--This subsection shall not apply in the case of a payment made, pursuant to the written terms of the trust agreement governing an electing trust, directly to third parties to provide educational, funeral, or medical benefits. ``(6) Alternate withholding procedures.--At the election of an electing trust, the tax imposed by this subsection on any payment made by such trust shall be determined in accordance with such tables or computational procedures as may be specified in regulations prescribed by the Secretary (in lieu of in accordance with paragraphs (2) and (3)). ``(7) Coordination with other sections.--For purposes of this chapter and so much of subtitle F as relates to this chapter, payments which are subject to withholding under this subsection shall be treated as if they were wages paid by an employer to an employee.'' (d) Reporting.--Section 6041 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application to Alaska Native Settlement Trusts.--In the case of any distribution from a Settlement Trust (as defined in section 501(p)(6)(B)) to a beneficiary, this section shall apply, except that-- ``(1) this section shall apply to such distribution without regard to the amount thereof, ``(2) the Settlement Trust shall include on any return or statement required by this section information as to the character of such distribution (if applicable) and the amount of tax imposed by chapter 1 which has been deducted and withheld from such distribution, and ``(3) the filing of any return or statement required by this section shall satisfy any requirement to file any other form or schedule under this title with respect to distributive share information (including any form or schedule to be included with the trust's tax return).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years of Settlement Trusts ending after the date of the enactment of this Act and to contributions to such trusts after such date. <all>

usgpo

2024-06-24T03:05:48.603578

BILLS-106hr1946ih

Tribal Government Tax-Exempt Bond Authority Amendments Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1946 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1946 To amend the Internal Revenue Code of 1986 to provide for the issuance of tax-exempt bonds by Indian tribal governments, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Shadegg introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide for the issuance of tax-exempt bonds by Indian tribal governments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Government Tax-Exempt Bond Authority Amendments Act of 1999''. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes and to regulate commerce with foreign nations and among the several States and with the Indian tribes, as set forth in section 8 of Article I of the United States Constitution. SEC. 3. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO ISSUE TAX-EXEMPT BONDS. (a) General Provision.--Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows: ``(c) Additional Requirements for Tax-Exempt Bonds.-- ``(1) In general.--Subsection (a) of section 103 shall apply to any obligation issued by an Indian tribal government (or subdivision thereof) only if such obligation is part of an issue 95 percent or more of the net proceeds of which are to be used to finance facilities located on land within or in close proximity to the exterior boundaries of an Indian reservation. ``(2) Private activity bonds.--Any private activity bond (as defined in section 141(a)) issued by an Indian tribal government (or subdivision thereof) shall be treated as a qualified bond for purposes of section 103(b)(1) to which section 146 does not apply if-- ``(A) General restrictions.--The requirements of section 144(a)(8)(B) and section 147 are met with respect to the issue. ``(B) Specific restrictions.-- ``(i) Ownership.--In the case of an issue the net proceeds of which exceed $500,000, 50 percent or more of the profits or capital interests in the facilities to be financed thereby (or in the entity owning the facilities) are owned either by an Indian tribe, a subdivision thereof, a corporation chartered under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. 477) or section 3 of the Oklahoma Welfare Act (25 U.S.C. 503), individual enrolled members of an Indian Tribe, an entity wholly-owned by any of the foregoing, or any combination thereof. ``(ii) Employment test.--It is reasonably expected (at the time of issuance of the obligations) that for each $100,000 of net proceeds of the issue at least 1 employee rendering services at the financed facilities is an enrolled member of an Indian tribe or the spouse of an enrolled member of an Indian tribe. ``(iii) Gaming.--No part of the issue of which such bond is a part is used for property (or any portion thereof) placed in service for purposes of conducting or housing class I, II, or III gaming (as defined in section 4 of the Indian Regulatory Act (25 U.S.C. 2703)). ``(3) Definitions.--For purposes of this subsection-- ``(A) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village, or regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(B) Indian reservation.--The term `Indian reservation' means a reservation, as defined in-- ``(i) section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)); or ``(ii) section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)). ``(C) In close proximity to.--The term `in close proximity to' means-- ``(i) in the case of an Indian reservation, or portion thereof, located within a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), within 1 mile of the boundaries of such reservation, or portion thereof; and ``(ii) in the case of an Indian reservation, or portion thereof, located within a nonmetropolitan area (as defined in section 42(d)(5)(C)(iv)(IV)), within 15 miles of the boundaries of such reservation, or portion thereof. ``(D) Net proceeds.--The term `net proceeds' has the meaning given such term by section 150(a)(3).'' (b) Conforming Amendment.--Paragraph (3) of section 149(b) of the Internal Revenue Code of 1986 (relating to federally guaranteed bond is not exempt) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Exception for bonds issued by indian tribal governments.--Paragraph (1) shall not apply to any bond issued by an Indian tribal government (or subdivision thereof) unless such bond is federally guaranteed within the meaning of paragraph (2)(B)(ii).'' SEC. 4. EXEMPTION FROM REGISTRATION REQUIREMENTS. The first sentence of section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal government or subdivision thereof (within the meaning of section 7871 of the Internal Revenue Code of 1986),'' after ``or Territories,''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to obligations issued after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:48.614025

BILLS-106hr1948ih

Broadcasters Fairness in Advertising Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1948 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1948 To amend the Communications Act of 1934 to prohibit the discrimination, in the purchase or placement of advertisements for wire or cable communications, against minority owed or formatted communications entities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Rush (for himself, Mr. Hilliard, and Mr. Towns) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Communications Act of 1934 to prohibit the discrimination, in the purchase or placement of advertisements for wire or cable communications, against minority owed or formatted communications entities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcasters Fairness in Advertising Act of 1999''. SEC. 2. PROHIBITION AGAINST DISCRIMINATION AGAINST MINORITY OWNED OR FORMATTED COMMUNICATIONS ENTITIES IN PURCHASE OR PLACEMENT OF ADVERTISEMENTS FOR WIRE OR RADIO COMMUNICATIONS. Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 701 the following new section: ``SEC. 702. PROHIBITION AGAINST DISCRIMINATION AGAINST MINORITY OWNED OR FORMATTED COMMUNICATIONS ENTITIES IN PURCHASE OR PLACEMENT OF ADVERTISEMENTS FOR WIRE OR RADIO COMMUNICATIONS. ``(a) Prohibition.--It shall be unlawful for any person to purchase or place any advertisement, by any person, in a manner which discriminates against any communications entity by reason of the race, color, or ethnic background of-- ``(1) any owner of the entity, or ``(2) the group to which the communications format of the entity is predominantly designed to appeal. ``(b) Definition of Communications.--The term `communications entity' means any person who engages in-- ``(1) wire communication; or ``(2) radio communication. ``(c) FCC Enforcement.--The Commission shall adopt regulations to carry out the prohibition under subsection (a) and to prevent activity prohibited under such subsection. ``(d) Enforcement by Private Right of Action.-- ``(1) Cause of action.--Any person aggrieved by a violation of subsection (a) may bring a civil action on behalf of the person and other persons similarly situated in an appropriate United States district court or in any other court of competent jurisdiction. ``(2) Alternative remedies.--A civil action may be brought under this subsection for a violation of subsection (a) without regard to the status of any administrative proceeding or other action under this Act by the Commission regarding the activity that is the basis for the allegation of the violation. ``(3) Entitlement to relief.--In a civil action under this subsection, if the court finds that a violation of subsection (a) has occurred, the court may award damages for the aggrieved person to recover lost profits, consequential damages, and all other appropriate relief to make the person whole, including reasonable attorneys' fees. The court shall, in the case of any person aggrieved by a willful and wanton violation of subsection (a), treble the amount recovered under the preceding sentence. ``(d) Applicability.--The regulations issued under this section shall apply to conduct occurring after the date of the enactment of the Broadcasters Fairness in Advertising Act of 1999.''. SEC. 3. ENSURING FEDERAL CONTRACTS ARE NOT AWARDED TO ADVERTISERS WHO DISCRIMINATE AGAINST MINORITY OWNED OR FORMATTED COMMUNICATIONS ENTITIES IN PURCHASE OR PLACEMENT OF ADVERTISEMENTS FOR WIRE OR RADIO COMMUNICATIONS. (a) Certification.--The head of an executive agency may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the agency head of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor, unless the offeror or contractor has certified in writing to the agency head that the offeror or contractor has not engaged, and will not during the period of the contract or subcontract engage, in any purchase or placement of any advertisement in a manner which discriminates against any communications entity by reason of the race, color, or ethnic background of-- (1) any owner of the entity, or (2) the group to which the communications format of the entity is predominantly designed to appeal. (b) Definition.--For purposes of this section, the following definitions shall apply: (1) Communications entity.--The term ``communications entity'' has the meaning given the term in section 702(b) of the Communications Act of 1934. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). <all>

usgpo

2024-06-24T03:05:48.834069

BILLS-106hr1949ih

To suspend temporarily the duty on Rhinovirus drugs.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1949 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1949 To suspend temporarily the duty on Rhinovirus drugs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Becerra introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To suspend temporarily the duty on Rhinovirus drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TEMPORARY SUSPENSION OF DUTY. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.32.97 Trans-(2R, Free No change No change On or before 12/ 3S,4S,5S) -(4- 31/2002 '' {2-(4- . Fluorobenzyl)-6- methyl-5-[(5- methylisoxazole- 3- carbonyl)amino]- 4- oxoheptanoylami no}-5-(2- oxopyrrolidin-3- yl)pent-2-enoic acid ethyl ester (provided for in subheading 2931.00.60).... (b) Effective Date.--The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:48.844534

BILLS-106hr1950ih

To amend the Federal Agriculture Improvement and Reform Act of 1996 to improve the farmland protection program.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1950 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1950 To amend the Federal Agriculture Improvement and Reform Act of 1996 to improve the farmland protection program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Farr of California (for himself, Mr. Gilchrest, Mr. Condit, and Mr. Boehlert) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Federal Agriculture Improvement and Reform Act of 1996 to improve the farmland protection program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FARMLAND PROTECTION PROGRAM. (a) Improvement of Existing Program.--Section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3830 note; Public Law 104-127) is amended to read as follows: ``SEC. 388. FARMLAND PROTECTION PROGRAM. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) any agency of any State or local government, or federally recognized Indian tribe; and ``(2) any organization that-- ``(A) is organized for, and at all times since its formation has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; ``(B) is an organization described in section 501(c)(3) of the Code that is exempt from taxation under section 501(a) of the Code; and ``(C)(i) is described in section 509(a)(2) of the Code of; or ``(ii) is described in section 509(a)(3) of the Code and is controlled by an organization described in section 509(a)(2) of the Code. ``(b) Authority.--The Secretary of Agriculture shall establish and carry out a farmland protection program under which the Secretary shall provide grants to eligible entities, to provide the Federal share of the cost of purchasing conservation easements or other interests in land with prime, unique, or other productive soil for the purpose of protecting topsoil by limiting nonagricultural uses of the land. ``(c) Federal Share.--The Federal share of the cost of purchasing a conservation easement or other interest described in subsection (b) shall be not more than 50 percent. ``(d) Title; Enforcement.--Title to a conservation easement or other interest described in subsection (b) may be held, and the conservation requirements of the easement or interest enforced, by any eligible entity. ``(e) State Certification.--The attorney general of the State in which land is located shall take such actions as are necessary to ensure that a conservation easement or other interest under this section is in a form that is sufficient to achieve the conservation purpose of the farmland protection program established under this section, the law of the State, and the terms and conditions of any grant made by the Secretary under this section. ``(f) Conservation Plan.--Any land for which a conservation easement or other interest is purchased under this section shall be subject to the requirements of a conservation plan to the extent that the plan does not negate or adversely affect the restrictions contained in any easement. ``(g) Technical Assistance.--The Secretary may use not more than 10 percent of the amount that is made available for a fiscal year under subsection (h) to provide technical assistance to carry out this section. ``(h) Funding.--For each fiscal year, the Secretary shall use not more than $55,000,000 of the funds of the Commodity Credit Corporation to carry out this section.''. (b) Effect on Existing Easements.--The amendment made by subsection (a) shall not affect the validity or terms of conservation easements and other interests in lands acquired under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note) before the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:49.051890

BILLS-106hr1952ih

To suspend temporarily the duty on HIV/AIDS drugs.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1952 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1952 To suspend temporarily the duty on HIV/AIDS drugs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Becerra introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To suspend temporarily the duty on HIV/AIDS drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TEMPORARY SUSPENSION OF DUTY. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading: `` 9902.32.99 5-[(3,5- Free No change No change On or before 12/ Dichlorophenyl) 31/2002 '' thio]-4-(1- . methylethyl)-1- (4- pyridinylmethyl )-1H-imidazole- 2-methanol carbamate (CAS No. 178979-85- 6) (provided for in subheading 2933.39.91).... (b) Effective Date.--The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:49.060928

BILLS-106hr1955ih

To amend the Internal Revenue Code of 1986 to exempt certain transactions at fair market value between partnerships and private foundations from the tax on self-dealing and to require the Secretary of the Treasury to establish an exemption procedure from such taxes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1955 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1955 To amend the Internal Revenue Code of 1986 to exempt certain transactions at fair market value between partnerships and private foundations from the tax on self-dealing and to require the Secretary of the Treasury to establish an exemption procedure from such taxes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Campbell introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exempt certain transactions at fair market value between partnerships and private foundations from the tax on self-dealing and to require the Secretary of the Treasury to establish an exemption procedure from such taxes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TAX ON SELF-DEALING NOT TO APPLY TO CERTAIN TRANSACTIONS. (a) Certain Partnership Transactions.--Paragraph (2) of section 4941(d) of the Internal Revenue Code of 1986 (relating to special rule in respect of self-dealing) is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``; and'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) any transaction between a private foundation and a partnership which is a disqualified person (as defined in section 4946(a)) pursuant to any liquidation, merger, redemption, recapitalization, or other partnership adjustment, formation, or reorganization shall not be an act of self-dealing if all of the partnership interests of the same class as that held by the foundation are subject to the same terms and such terms provide for the receipt by the foundation of no less than fair market value for its partnership interests.''. (b) Exemption Procedure From Taxes on Self-Dealing.--Subsection (d) of section 4941 of such Code (relating to taxes on self-dealing) is amended by adding at the end the following new paragraph: ``(3) Special exemption.--The Secretary shall establish an exemption procedure for purposes of this subsection. Pursuant to such procedure, the Secretary may grant a conditional or unconditional exemption of any disqualified person or transaction or class of disqualified persons or transactions, from all or part of the restrictions imposed by paragraph (1). The Secretary may not grant an exemption under this paragraph unless he finds that such exemption is-- ``(A) administratively feasible, ``(B) in the interests of the private foundation, and ``(C) protective of the rights of the private foundation. Before granting an exemption under this paragraph, the Secretary shall require adequate notice to be given to interested persons and shall publish notice in the Federal Register of the pendency of such exemption and shall afford interested persons an opportunity to present views.''. (c) Effective Date.--The amendments made by this section shall apply to transactions occurring after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:49.130606

BILLS-106hr1956ih

Freedom of Passport Information Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1956 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1956 To prohibit the Department of State from imposing a charge or fee for providing passport information to the general public. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Davis of Illinois (for himself, Mr. Gilchrest, Mr. Shays, Mr. Sensenbrenner, Mr. Gutierrez, Mrs. Christensen, Mr. McHugh, Mr. McNulty, Mr. Schaffer, Mr. Canady of Florida, Mr. Traficant, Mr. Holden, Ms. Woolsey, Mr. Clement, Mrs. Morella, Mr. Moore, Mr. English, Mr. Franks of New Jersey, Mr. Sessions, Mr. Farr of California, Mrs. Kelly, Mr. Ackerman, and Mr. Shimkus) introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL To prohibit the Department of State from imposing a charge or fee for providing passport information to the general public. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Passport Information Act of 1999''. SEC. 2. PROHIBITION AND REQUIREMENT CONCERNING DEPARTMENT OF STATE PASSPORT INFORMATION SERVICES. For fiscal year 2000 and for each subsequent fiscal year, the Secretary of State shall provide for a United States passport information telephone inquiry service for the general public which shall be available without charge or fee imposed by the Department of State or any other entity under contract to the Department of State. <all>

usgpo

2024-06-24T03:05:49.242434

BILLS-106hr1954ih

Rental Fairness Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1954 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1954 To regulate motor vehicle insurance activities to protect against retroactive regulatory and legal action and to create fairness in ultimate insurer laws and vicarious liability standards. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Bryant (for himself, Mr. Oxley, Mr. Burr of North Carolina, Mr. Largent, Mr. Shadegg, Mr. Pickering, and Mr. Coburn) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To regulate motor vehicle insurance activities to protect against retroactive regulatory and legal action and to create fairness in ultimate insurer laws and vicarious liability standards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rental Fairness Act of 1999''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. No additional insurance commissioner authority created. Sec. 3. Definitions. TITLE I--REGULATION OF MOTOR VEHICLE RENTAL INSURANCE AGENCY ACTIVITIES Sec. 101. Findings and purposes. Sec. 102. Standard of regulation for motor vehicle rentals. Sec. 103. Sunset. TITLE II--ULTIMATE INSURER AND VICARIOUS LIABILITY FAIRNESS Sec. 201. Findings and purposes. Sec. 202. General fairness and responsibility rule. Sec. 203. State minimum financial responsibility laws for motor vehicles. Sec. 204. Applicability and effective date. SEC. 2. NO ADDITIONAL INSURANCE COMMISSIONER AUTHORITY CREATED. This Act shall not create any new authority for a State insurance commissioner or other appropriate insurance regulator of such State to issue a regulation, order, or other statutorily authorized interpretation or action governing the provisions of this Act except in accordance with the relevant State insurance law. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Claimant.--The term ``claimant'' means any person who brings a civil action for any theory of harm caused by a motor vehicle or the use of a motor vehicle and any person on whose behalf such an action is brought. (2) Harm.--The term ``harm'' means any physical injury, illness, disease, or death or damage to property caused by a motor vehicle. (3) Motor vehicle.--The term ``motor vehicle'' shall have the meaning given to this term under section 13102(14) of title 49, United States Code. (4) Owner.--The term ``owner'' means-- (A) a person who is a record or beneficial owner or long-term lessee of a motor vehicle; (B) a person entitled to the use and possession of a motor vehicle subject to a security interest in another person; or (C) a lessee or bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof under a lease, bailment, or otherwise. (5) Person.--The term ``person'' means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). TITLE I--REGULATION OF MOTOR VEHICLE RENTAL INSURANCE AGENCY ACTIVITIES SEC. 101. FINDINGS AND PURPOSES. The Congress finds that-- (1) State regulation of insurance continues to be in the public interest, as affirmed by the McCarran-Ferguson Act; (2) where States have laws which regulate the business of insurance, those State laws should not be invalidated, impaired, or superseded by any construction of a Federal Act of Congress unless such Act specifically relates to the business of insurance; (3) for those States which have not yet implemented regulations explicitly governing the sale of short term insurance offered with the rental of a motor vehicle, it may be appropriate to prohibit third-parties from enforcing on a retroactive basis general licensure requirements against those who solicit the purchase of or sell such insurance; and (4) many States are now considering such legislation and the relief against such actions offered by this title should thus expire once the States have had a reasonable opportunity to consider appropriate legislation. SEC. 102. STANDARD OF REGULATION FOR MOTOR VEHICLE RENTALS. (a) Protection Against the Retroactive Application of Regulatory and Legal Action.--Except as required by subsection (b), it shall be presumed that no State law imposes any licensing, appointment, or education requirements on any person who solicits the purchase of or sells insurance connected with and incidental to a rental transaction of a motor vehicle. (b) Preeminence of State Insurance Law.--Nothing in this section shall alter the validity, interpretation, construction, or effect of-- (1) any State statute, (2) the prospective application of any court judgment interpreting or apply any State statute, or (3) the prospective application of any final State regulation, order, bulletin, or other statutorily authorized interpretation, or action, which, by its specific terms, expressly regulates or exempts from regulation any person or entity which solicits the purchase of or sells insurance connected with and incidental to a short term lease or rental transaction of a motor vehicle. (c) Definition.--For purposes of this section, a person shall be considered to be soliciting the purchase of or selling insurance connected with and incidental to a rental transaction of a motor vehicle if the rental transaction is for a total period of 90 consecutive days or less, and the insurance is provided for a period of consecutive days not exceeding the length of the rental. SEC. 103. SUNSET. This title shall expire 3 years after the date of its enactment. TITLE II--ULTIMATE INSURER AND VICARIOUS LIABILITY FAIRNESS SEC. 201. FINDINGS AND PURPOSES. The Congress finds that-- (1) the vast majority of State statutes and common law follow the generally accepted principle of law that a party should be held liable only for harm that the party could guard against; (2) a small number of State common laws and statutes still do not recognize this accepted principle of law, and continue to subject companies that rent or lease motor vehicles to vicarious liability for the negligence of their rental customers in operating the motor vehicle simply because of the company's ownership, even where the rental company has not been negligent in any way and the motor vehicle operated perfectly; (3) an even smaller minority of State laws continue to force companies that rent or lease motor vehicles into the role of an ultimate insurer, imposing unlimited potential liability on the companies for the tortious acts of their customers, without regard to fault; and (4) these small number of vicarious liability and ultimate insurer laws impose a disproportionate and undue burden on interstate commerce by increasing rental rates for all customers across the Nation, and furthermore, pose a significant competitive barrier to entry for smaller companies attempting to compete in these markets, in contravention of the fundamental legal principle of fairness prohibiting liability without fault. SEC. 202. GENERAL FAIRNESS AND RESPONSIBILITY RULE. No person engaged in the business of renting or leasing a motor vehicle shall be placed in the position of an ultimate insurer of its rental customers, or the occupants of its rental vehicles, or be liable to a claimant for the tortious act of another solely by reason of being an owner of such motor vehicle. SEC. 203. STATE MINIMUM FINANCIAL RESPONSIBILITY LAWS FOR MOTOR VEHICLES. Nothing in this title shall relieve any person engaged in the business of renting or leasing a motor vehicle from the obligation to comply with a State's minimum financial responsibility or insurance statute or regulations imposed by that State for the privilege of registering and operating a motor vehicle within that State. SEC. 204. APPLICABILITY AND EFFECTIVE DATE. Notwithstanding any other provision of law, this title shall apply with respect to any action commenced on or after the date of enactment of this title without regard to whether the harm that is the subject of the action or the conduct that caused the harm occurred before such date of enactment. <all>

usgpo

2024-06-24T03:05:49.284331

BILLS-106hr1957ih

Constitutional Protection of the Right to Vote Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1957 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1957 To provide fairness in voter participation. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Davis of Illinois introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide fairness in voter participation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Protection of the Right to Vote Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. The right to vote should not be abridged by the United States or any State on account of race, color, gender, or previous condition of servitude. Fundamental fairness requires that all members of society who have reached voting age, including rehabilitated ex-felons, be given a right to the ballot in State and Federal elections. (2) The lack of a nationwide uniform standard regarding ex- felons and eligibility to vote has led to a crazy quilt of laws, where in some States ex-felons are barred from voting for life. Currently, it is estimated that 3.9 million United States citizens are disenfranchised, including over one million who have completed their sentences. State disenfranchisement laws have had an adverse affect on African Americans. Thirteen percent of African American men, or 1.4 million, are currently disenfranchised because of such laws. (3) While State law determines the qualifications for voting, Congress must ensure that the citizens' right to the ballot is unabridged. Disenfranchisement laws are vestiges of medieval times when citizens who committed crimes suffered civil death and were banished from society. These laws serve no purpose in a free and democratic country toward the reintroduction of individuals back into society. After an individual has served a sentence of imprisonment and is no longer on probation or parole, that individual should be eligible to participate in Federal and State elections. SEC. 3. RIGHTS OF CITIZENS. The right of a citizen of the United States to vote shall not be denied or abridged because that citizen has been convicted of a criminal offense, unless such citizen is, at the time of the vote, serving a felony sentence in a correctional institution or facility or is otherwise under the supervision or actual or constructive custody of a governmental authority pursuant to that conviction. SEC. 4. NOTICE TO PERSONS RELEASED. Not later than 90 days after the date of the enactment of this Act, each correctional institution or facility shall establish and carry out a system of notice to ensure that persons being released from that institution or facility are informed of the right to vote protected by this Act. SEC. 5. DEFINITION. As used in this Act, the term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses. <all>

usgpo

2024-06-24T03:05:49.458756

BILLS-106hr1961ih

To designate certain lands in the Valley Forge National Historical Park as the Valley Forge National Cemetery.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1961 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1961 To designate certain lands in the Valley Forge National Historical Park as the Valley Forge National Cemetery. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Hoeffel (for himself, Mr. Weldon of Pennsylvania, Mr. Murtha, Mr. Borski, Mr. Greenwood, Mr. Holden, Mr. Peterson of Pennsylvania, Mr. Fattah, Mr. English, Mr. Brady of Pennsylvania, Mr. Sherwood, Mr. Kanjorski, Mr. Goodling, Mr. Klink, Mr. Pitts, Mr. Doyle, Mr. Gekas, Mr. Mascara, Mr. Shuster, Mr. Coyne, and Mr. Toomey) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To designate certain lands in the Valley Forge National Historical Park as the Valley Forge National Cemetery. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF LANDS AS VALLEY FORGE NATIONAL CEMETERY. (a) In General.--The lands described in subsection (b) are hereby designated as the Valley Forge National Cemetery. Administrative jurisdiction over such lands is hereby transferred to the Secretary of Veterans Affairs, and such lands shall be administered in accordance with chapter 24 of title 38, United States Code (relating to national cemeteries and memorials). (b) Lands Described.--The lands referred to in subsection (a), comprised of not more than 100 acres of land, are located within the Valley Forge National Historical Park, as generally depicted on a map entitled ``Valley Forge National Cemetery--Proposed''. (c) Adjustment of Park Boundaries.--Subsection (b) of section 2 of the Act entitled ``An Act to authorize the Secretary of the Interior to establish the Valley Forge National Historical Park in the Commonwealth of Pennsylvania, and for other purposes'' (16 U.S.C. 410aa-1) is amended by striking ``map entitled `Valley Forge National Historical Park', dated June 1979, and numbered VF-91,001'' and inserting ``map entitled `Valley Forge National Historical Park', dated ____, and numbered ____''. <all>

usgpo

2024-06-24T03:05:49.513457

BILLS-106hr1958ih

To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1958 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1958 To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. English (for himself, Mr. Weldon of Pennsylvania, Mr. Souder, Mr. Traficant, Mr. Weller, and Mr. Holden) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA. (a) Findings and Purposes.-- (1) Findings.--The Congress finds the following: (A) Fort Presque Isle was a frontier outpost located on Garrison Hill in the area of present-day Erie, Pennsylvania, which was the site of the American installations built in 1795 and 1796 and in the War of 1812. (B) General Anthony Wayne was a Revolutionary War hero who served under General George Washington and, at one point, was commanding general of the United States Army. He first arrived in the area of Presque Isle in 1786. (C) Legend has it that General Wayne was nicknamed ``Mad'' by his troops, not for being rash or foolish, but for his leadership and bravery on and off the battlefield. (D) The original blockhouse of Fort Presque Isle was built in 1795 by 200 Federal troops from General Wayne's army, under the direction of Captain John Grubb. It was the first blockhouse used as part of a defensive system established to counter Native American uprisings. It was also used during the War of 1812. (E) General Wayne was stricken ill at Fort Presque Isle and died there in 1796. At his request, his body was buried under the flagpole of the northwest blockhouse of the fort. (F) The original blockhouse of Fort Presque Isle burned in 1852, and the existing structure was built by the Commonwealth of Pennsylvania in 1880 as a memorial to General Wayne. (G) The Pennsylvania Historical and Museum Commission has recognized the reconstructed blockhouse as eligible for placement on the National Register of Historic Places. (2) Purposes.--The purposes of this section are the following: (A) To provide for reconstruction of the frontier fort at Presque Isle for the benefit, inspiration, and education of the people of the United States. (B) To preserve the original grave site of General ``Mad'' Anthony Wayne at Fort Presque Isle. (C) To broaden understanding of the historical significance of Fort Presque Isle. (b) Definitions.--In this section: (1) Historic site.--The term ``historic site'' means the Fort Presque Isle National Historic Site established by subsection (c). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment of Fort Presque Isle National Historic Site.-- (1) Establishment.--There is established as a unit of the National Park System the Fort Presque Isle National Historic Site in Erie, Pennsylvania. (2) Description.-- (A) In general.--The historic site shall consist of land and improvements comprising the historic location of Fort Presque Isle, including the existing blockhouse replica at that location, as depicted on a map entitled ``________'', numbered ________ and dated ________, comprising approximately ________ acres. (B) Map and boundary description.--The map referred to in subparagraph (A) and accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. (d) Administration of the Historic Site.-- (1) In general.--The Secretary shall administer the historic site in accordance with this section and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (2) Cooperative agreements.--To further the purposes of this section, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (3) Technical and preservation assistance.-- (A) In general.--The Secretary may provide to any eligible person described in subparagraph (B) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (B) Eligible persons.--The eligible persons described in this subparagraph are-- (i) an owner of real property within the boundary of the historic site, as described in subsection (c)(2); and (ii) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to paragraph (2) of this subsection. (e) Acquisition of Real Property--The Secretary may acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the historic site. (f) General Management Plan.-- (1) In general.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in paragraph (2), prepare a general management plan for the historic site. (2) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each appropriate political subdivisions of the State of Pennsylvania that have jurisdiction over all or a portion of the historic site. (3) Submission of plan to congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. <all>

usgpo

2024-06-24T03:05:49.623912

BILLS-106hr1962ih

Supercomputer Post-shipment Verification Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1962 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1962 To prohibit the export of high-performance computers to certain countries until certain applicable provisions of the National Defense Authorization Act for Fiscal Year 1998 are fulfilled. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Hunter introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit the export of high-performance computers to certain countries until certain applicable provisions of the National Defense Authorization Act for Fiscal Year 1998 are fulfilled. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supercomputer Post-shipment Verification Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Section 1213 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934) requires the Secretary of Commerce to conduct post-shipment verification of each digital computer with a composite theoretical performance of more than 2,000 millions of theoretical operations per second (MTOPS) that is exported from the United States on or after November 18, 1997, to countries specified in section 1213(b) of that Act. (2) Section 1213(b) of that Act identified the countries covered by the post-shipment verification requirement as those countries listed as ``Computer Tier 3'' eligible countries in section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997. Computer Tier 3 countries are countries that have been identified as countries of concern for national security or proliferation reasons such as Russia, the People's Republic of China, India, Pakistan, and Israel. (3) Section 1213 of that Act also requires the Secretary of Commerce to submit an annual report to congressional committees on the results of post-shipment verifications required by that section during the preceding year. (4) The Committee on Armed Services of the House of Representatives received the first of these reports on January 7, 1999. The report identified 390 high-performance computers as having been exported to Computer Tier 3 countries during the period beginning on November 18, 1997, and ending on November 17, 1998. (5) The report also identified 286 supercomputer exports covered by the post-shipment verification requirement for which a post-shipment verification was not conducted. (6) The report stated that 190 of the instances where a post-shipment verification was not conducted involved exports to the People's Republic of China. The Secretary of Commerce reported that the People's Republic of China did not allow post-shipment verifications to be conducted. (7) Because post-shipment verifications were not conducted in a number of instances, the United States Government does not know if the computers in question are being used for benign commercial purposes, or for purposes that benefit military or proliferation promoting projects. SEC. 3. AMENDMENT TO THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998. (a) Annual Report.--Section 1213 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934) is amended by striking subsection (c) and inserting the following: ``(c) Annual Report.--The Secretary of Commerce shall submit, on January 1 of each year, a report to the congressional committees specified in section 1215 on the results of post-shipment verifications conducted under this section covering exports carried out during the preceding fiscal year. Each such report shall include a list of all the items subject to the post-shipment verifications that were so exported and, with respect to each such export, the following: ``(1) The destination country. ``(2) The date of export. ``(3) The intended end use and intended end user. ``(4) The results of the post-shipment verification.''. (b) Moratorium on Exports.--Section 1213 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934) is further amended by adding at the end the following: ``(e) Moratorium on Export of Supercomputers Until Post-Shipment Verifications Have Been Conducted.-- ``(1) For exports prior to october 1, 1998.--Until all post shipment verifications required by subsection (a) have been conducted for exports carried out during the period beginning on November 18, 1997, and ending on September 30, 1998, no digital computers with a composite theoretical performance of more than 2,000 MTOPS may be exported or reexported to a country specified in subsection (f). ``(2) For subsequent exports.--Until all post shipment verifications required by subsection (a) have been conducted for exports carried out during the period addressed in each report required by subsection (c), no digital computers with a composite theoretical performance of more than 2,000 MTOPS may be exported or reexported to a country specified in subsection (f). ``(f) Countries Covered by Moratorium.--For the purposes of subsection (e), a country specified in this subsection is a country that has been the recipient of the export of any computer described in subsection (a) for which the post-shipment verification required by subsection (a) has not been conducted.''. SEC. 4. REPORTS. (a) Report on Delinquent Post-Shipment Verifications.--When all post-shipment verifications are conducted with respect to a country to fulfill the requirements of section 1213(e) of the National Defense Authorization Act for Fiscal Year 1998, as added by section 3 of this Act, the Secretary of Commerce shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of those post-shipment verifications. The report shall include a list identifying all the items subject to the post-shipment verifications that were exported from the United States to that country during the applicable time period specified in paragraph (1) or (2) of such section 1213(e) and, with respect to each such export, the following: (1) The date of export. (2) The intended end use and intended end user. (3) The results of the post-shipment verification. (b) Report on Impact of Supercomputer Exports on National Security.--The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the impact on national security of the export of digital computers with a composite theoretical performance of more than 2,000 MTOPS to countries listed as ``Computer Tier 3'' eligible countries in section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997. This report shall be submitted not later than 120 days after the date of the enactment of this Act. The report shall be submitted in both classified and unclassified form. <all>

usgpo

2024-06-24T03:05:49.628925

BILLS-106hr1963ih

To suspend until December 31, 2002, the duty on triacetonamine.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1963 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1963 To suspend until December 31, 2002, the duty on triacetonamine. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mrs. Johnson of Connecticut introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To suspend until December 31, 2002, the duty on triacetonamine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SUSPENSION OF DUTY ON TRIACETONAMINE. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.32.80 4-piperdone Free Free No change On or before 12/ 2,2,6,6 31/2002 ''. tetramethyl (Cas No. 826-36-8) (provided for in subheading 2933.39.61) and any mixtures containing the foregoing........ (b) Effective Date.--The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:49.765111

BILLS-106hr1965ih

Asthma Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1965 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1965 To provide the Secretary of Health and Human Services and the Secretary of Education with increased authority with respect to asthma programs, and to provide for increased funding for such programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mrs. Lowey (for herself and Mr. Barton of Texas) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide the Secretary of Health and Human Services and the Secretary of Education with increased authority with respect to asthma programs, and to provide for increased funding for such programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Despite improved therapies, the prevalence rate of asthma continues to rise, affecting an estimated 14.6 million Americans; 4.4 million under the age of 18. Since 1982, the prevalence of pediatric asthma has risen 76 percent. Rates are increasing for all ethnic groups and especially for African American and Hispanic children. (2) Asthma is the third leading cause of preventable hospitalizations. Improper diagnosis and poor management of asthma resulted in 1.6 million people being treated for asthma attacks in the emergency room in 1995. (3) Asthma can be life-threatening if not properly managed. Most asthma-related deaths are preventable, yet such deaths continue to rise in the U.S. In 1996, 5,667 individuals died as a result of an asthma attack, nearly double the number of deaths in 1980. (4) The costs of asthma to the U.S. was over $6 billion in 1990, and the rise in asthma prevalence will lead to higher costs in the future. (5) With early recognition of the signs and symptoms of asthma, proper diagnosis and treatment, and patient education and self-management, asthma is a controllable disease. (6) Public health interventions have been proven effective in the treatment and management of asthma. Population-based research supported by the National Institutes of Health (NIH) has effectively demonstrated the benefits of combining aggressive medical treatment with patient education to improve the management of asthma. The National Asthma Education and Prevention Program (NAEPP) helps raise awareness that asthma is a serious chronic disease, and helps promote more effective management of asthma through patient and professional education. (7) The alarming rise in prevalence, asthma-related deaths, and expenditures demonstrate that, despite extensive knowledge on effective asthma management strategies, current federal policy and funding regarding the education, treatment, and management of asthma is inadequate. (8) Additional federal direction, funding, and support is necessary to increase awareness of asthma as a chronic illness, its symptoms, and the environmental factors (indoor and outdoor) that affect the disease, as well as to promote education programs that teach patients how to better manage asthma. SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. (a) Additional Funding; Expansion of Program.--In addition to any other authorization of appropriations that is available to the National Heart, Lung, and Blood Institute for the purpose of carrying out the National Asthma Education and Prevention Program, there is authorized to be appropriated to such Institute for such purpose $4,100,000 for each of the fiscal years 2000 through 2004. Amounts appropriated under the preceding sentence shall be expended to expand such Program. (b) Coordinating Committee.-- (1) Report to congress.--With respect to the coordinating committee established for the National Asthma Education and Prevention Program of the National Heart, Lung, and Blood Institute, such committee shall submit to the Congress a report that-- (A) contains a determination by the committee of the scope of the problem of asthma in the United States; (B) identifies all Federal programs that carry out asthma-related activities; and (C) contains the recommendations of the committee for strengthening and better coordinating the asthma- related activities of the Federal Government. (2) Inclusion of representative of department of education.--The Secretary of Education or a designee of the Secretary shall be included in the membership of the coordinating committee referred to in paragraph (1). SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Expansion of Public Health Surveillance Activities; Program for Providing Information and Education to Public.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with the States to expand the scope of-- (1) activities that are carried out to determine the incidence and prevalence of asthma; and (2) activities that are carried out to prevent the health consequences of asthma, including through the provision of information and education to the public regarding asthma, which may include the use of public service announcements through the media and such other means as such Director determines to be appropriate. (b) Compilation of Data.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the National Asthma Education Prevention Program Coordinating Committee, shall-- (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management, including-- (A) telephone surveys to collect sample household data on the local burden of asthma; and (B) health care facility specific surveillance to collect asthma data on the prevalence and severity of asthma, and on the quality of asthma care; and (2) compile and annually publish data on-- (A) the prevalence of children suffering from asthma in each State; and (B) the childhood mortality rate associated with asthma nationally and in each State. (c) Additional Funding.--In addition to any other authorization of appropriations that is available to the Centers for Disease Control and Prevention for the purpose of carrying out this section, there is authorized to be appropriated to such Centers for such purpose $8,200,000 for each of the fiscal years 2000 through 2004. SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION, EDUCATION, AND SERVICES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to nonprofit private entities for projects to carry out, in communities identified by entities applying for the grants, outreach activities to provide for residents of the communities the following: (1) Information and education on asthma. (2) Referrals to health programs of public and nonprofit private entities that provide asthma-related services, including such services for low-income individuals. The grant may be expended to make arrangements to coordinate the activities of such entities in order to establish and operate networks or consortia regarding such referrals. (b) Preferences in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to applicants that will carry out projects under such subsection in communities that are disproportionately affected by asthma or underserved with respect to the activities described in such subsection and in which a significant number of low-income individuals reside. (c) Evaluations.--A condition for a grant under subsection (a) is that the applicant for the grant agree to provide for the evaluation of the projects carried out under such subsection by the applicant to determine the extent to which the projects have been effective in carrying out the activities referred to in such subsection. (d) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2000 through 2004. SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall in accordance with subsection (b) carry out a program to encourage the States to implement plans to carry out activities to assist children with respect to asthma in accordance with guidelines of the National Heart, Lung, and Blood Institute. (b) Relation to Children's Health Insurance Program.-- (1) In general.--Subject to paragraph (2), if a State plan under title XXI of the Social Security Act provides for activities described in subsection (a) to an extent satisfactory to the Secretary, the Secretary shall, with amounts appropriated under subsection (c), make a grant to the State involved to assist the State in carrying out such activities. (2) Requirement of matching funds.-- (A) In general.--With respect to the costs of the activities to be carried out by a State pursuant to paragraph (1), the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of the costs ($1 for each $1 of Federal funds provided in the grant). (B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Criteria regarding eligibility for grant.--The Secretary shall publish in the Federal Register criteria describing the circumstances in which the Secretary will consider a State plan to be satisfactory for purposes of paragraph (1). (4) Technical assistance.--With respect to State plans under title XXI of the Social Security Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make available to the States technical assistance in developing the provisions of such plans that will provide for activities pursuant to paragraph (1). (c) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2000 through 2004. SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA. (a) In General.-- (1) School-based asthma activities.--The Secretary of Education (in this section referred to as the ``Secretary''), in consultation with the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, may make grants to local educational agencies for programs to carry out at elementary and secondary schools specified in paragraph (2) asthma-related activities for children who attend such schools. (2) Eligible schools.--The elementary and secondary schools referred to in paragraph (1) are such schools that are located in communities with a significant number of low-income or underserved individuals (as defined by the Secretary). (b) Development of Programs.--Programs under subsection (a) shall include grants under which local education agencies and State public health officials collaborate to develop programs to improve the management of asthma in school settings. (c) Certain Guidelines.--Programs under subsection (a) shall be carried out in accordance with applicable guidelines or other recommendations of the National Institutes of Health (including the National Heart, Lung, and Blood Institute) and the Environmental Protection Agency. (d) Certain Activities.--Activities that may be carried out in programs under subsection (a) include the following: (1) Identifying and working directly with local hospitals, community clinics, advocacy organizations, parent-teacher associations, and asthma coalitions. (2) Identifying asthmatic children and training them and their families in asthma self-management. (3) Purchasing asthma equipment. (4) Hiring school nurses. (5) Training teachers, nurses, coaches, and other school personnel in asthma-symptom recognition and emergency responses. (6) Simplifying procedures to improve students' safe access to their asthma medications. (7) Such other asthma-related activities as the Secretary determines to be appropriate. (e) Definitions.--For purposes of this section, the terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in the Elementary and Secondary Education Act of 1965. (f) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2000 through 2004. SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS. It is the sense of the Congress that-- (1) hospitals should be encouraged to offer asthma-related education and training to asthma patients and their families upon discharge from the hospital of such patients; (2) hospitals should, with respect to information on asthma, establish telephone services for patients and communicate with providers of primary health services; and (3) managed care organizations should-- (A) be encouraged to disseminate to health care providers asthma clinical practice guidelines developed or endorsed by the Public Health Service; (B) collect and maintain asthma data; and (C) offer asthma-related education and training to asthma patients and their families. SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT. It is the sense of the Congress that all Federal, State, and local asthma-related activities should-- (1) promote the guidelines and other recommendations of the Public Health Service on asthma diagnosis and management; and (2) be designed in consultation with national and local organizations representing the medical, educational, and environmental communities, as well as advocates that represent those affected by asthma. <all>

usgpo

2024-06-24T03:05:49.892544

BILLS-106hr1964ih

Empowering Our Educators Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1964 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1964 To empower our educators. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Lazio (for himself, Mrs. Kelly, Mr. Gilchrest, Mr. Horn, and Mrs. Wilson) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To empower our educators. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Our Educators Act''. TITLE I--ALTERNATIVE CERTIFICATION AND LICENSURE OF TEACHERS SEC. 101. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the measure of a good teacher is how much and how well the teacher's students learn and achieve; (2) one of the primary problems regarding teacher quality is the lack of subject matter knowledge, particularly for teachers who receive emergency credentials and are assigned to teach subject matter for which they lack knowledge or adequate preparation; (3) knowledgeable and eager individuals of sound character and various professional backgrounds should be encouraged to enter the prekindergarten through grade 12 classrooms as teachers; (4) many talented professionals who have demonstrated a high level of subject area competence outside the education profession wish to pursue careers in education, but have not fulfilled the traditional requirements to be certified or licensed as teachers; (5) States should have maximum flexibility and be provided with incentives to create alternative teacher certification and licensure programs in order to recruit well-educated people and talented professionals into the teaching profession; and (6) alternative routes should enable qualified individuals to fulfill State teacher certification or licensure requirements and allow school systems to utilize the expertise of professionals and thereby improve and expand the pool of qualified individuals available to local educational agencies as teachers. (b) Purpose.--It is the purpose of this title to improve the supply of well-qualified elementary and secondary school teachers by encouraging and assisting States to develop and implement programs for alternative routes to teacher certification and licensure requirements. SEC. 102. ALLOTMENTS. (a) Allotments to States.-- (1) In general.--From the amount appropriated to carry out this title for each fiscal year, the Secretary shall allot to each State the lesser of-- (A) the amount the State applies for under section 103; or (B) an amount that bears the same relation to the amount so appropriated as the total population of children ages 5 through 17 in the State bears to the total population of such children in all the States (based on the most recent data available that is satisfactory to the Secretary). (2) Reallocation.--If a State does not apply for the State's allotment, or the full amount of the State's allotment, under paragraph (1), the Secretary may reallocate the excess funds to 1 or more other States that demonstrate, to the satisfaction of the Secretary, a current need for the funds. (b) Special Rule.--Notwithstanding section 421(b) of the General Education Provisions Act (20 U.S.C. 1225(b)), funds awarded under this title shall remain available for obligation by a recipient for a period of 2 calendar years from the date of the grant. SEC. 103. STATE APPLICATIONS. (a) In General.--Any State desiring to receive an allotment under this title shall, through the State educational agency, submit an application at such time, in such manner, and containing such information, as the Secretary may reasonably require. (b) Requirements.--Each application shall-- (1) describe the programs, projects, and activities to be undertaken with assistance provided under this title; and (2) contain such assurances as the Secretary considers necessary, including assurances that-- (A) assistance provided to the State educational agency under this title will be used to supplement, and not to supplant, any State or local funds available for the development and implementation of programs to provide alternative routes to fulfilling teacher certification or licensure requirements; (B) the State educational agency has, in developing and designing the application, consulted with-- (i) representatives of local educational agencies, including superintendents and school board members, including representatives of their professional organizations if appropriate; (ii) elementary school and secondary school teachers, including representatives of their professional organizations; (iii) schools or departments of education within institutions of higher education; (iv) parents; and (v) other interested individuals and organizations; and (C) the State educational agency shall submit to the Secretary, at such time as the Secretary may specify, a final report describing the activities carried out with assistance provided under this title and the results achieved with respect to such activities. (c) GEPA Provisions Inapplicable.--Sections 441 and 442 of the General Education Provisions Act (20 U.S.C. 1232d and 1232e), except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to this title. SEC. 104. USE OF FUNDS. (a) Use of Funds.-- (1) In general.--A State educational agency shall use funds provided under this title to support and create programs, projects, or activities that develop and implement new, or expand and improve existing, programs that enable individuals to move to a teaching career in elementary or secondary education from another occupation through an alternative route to teacher certification or licensure that includes taking a State licensing examination. (2) Types of assistance.--A State educational agency may carry out such programs, projects, or activities directly, through contracts, or through grants to local educational agencies and institutions of higher education, or consortia of such agencies or institutions. (b) Uses.--A State educational agency that receives funds under this title may use such funds for-- (1) the design, development, implementation, and evaluation of programs that enable qualified professionals who have demonstrated a high level of subject area competence outside the education profession and are interested in entering the education profession to fulfill State teacher certification or licensure requirements; (2) the establishment of administrative structures necessary for the development and implementation of programs to provide alternative routes to fulfilling State teacher certification or licensure requirements; (3) training of staff, including the development of appropriate support programs, such as mentor programs, for teachers entering the school system through alternative routes to teacher certification or licensure; (4) the development of recruitment strategies; (5) the development of reciprocity agreements between or among States for the certification or licensure of teachers; or (6) other programs, projects, and activities that-- (A) are designed to meet the purpose of this title; and (B) the Secretary determines appropriate. (c) Limitation for Administrative Costs.--A State educational agency may use not more than 3 percent of the amount of funds received under this title for the administrative costs to carry out this title. SEC. 105. DEFINITIONS. In this title: (1) Elementary school; local educational agency; secondary school; secretary; and state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $10,000,000 for fiscal year 2000 and each of the 3 succeeding fiscal years. TITLE II--TEACHER TRAINING FACILITIES SEC. 201. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) individuals entering a classroom should have a sound grasp of the subject the individuals intend to teach, and the individuals should know how to teach; (2) the quality of teachers impacts student achievement; (3) people who enter the teaching profession through alternative certification programs can benefit from having the opportunity to attend a teacher training facility; (4) teachers need to increase their subject matter knowledge, learning theory, and teaching strategies; (5) less than 40 percent of the individuals teaching the core subjects (English, mathematics, science, social studies, and foreign languages) majored or minored in the core subjects; and (6) according to the Third International Mathematics and Science Study, American high school seniors finished near the bottom of the study in both science and mathematics. (b) Purpose.--The purpose of this title is to strengthen teacher training programs by establishing a private and public partnership to create the best teacher training facilities in the world to ensure that teachers receive unlimited access to the most updated technology and skills training in education, so that students can benefit from the teachers' knowledge and experience. SEC. 202. DEFINITIONS. In this title: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 203. GRANTS. (a) In General.--From amounts appropriated under section 204 for a fiscal year the Secretary shall award grants to local educational agencies to enable the local educational agencies to establish teacher training facilities for elementary and secondary school teachers. (b) Competitive Basis.--The Secretary shall award grants under this title on a competitive basis. (c) Partnership Contract Required.--In order to receive a grant under this title, a local educational agency shall enter into a contract with a nongovernmental organization to establish a teacher training facility. (d) Applications.--Each local educational agency desiring a grant under this title shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain an assurance that the local educational agency-- (1) will raise matching funds, from public or private sources, for the support of the teacher training facility in an amount equal to the amount of funds provided under the grant; (2) will train the teachers employed by the local educational agency at the teacher training facility for a period of 10 years after the date the agency enters into the contract described in subsection (c); and (3) will spend not less than 0.5 percent of the local educational agency's total school budget for each fiscal year to support the teacher training facility. (e) Amount.--The Secretary shall award each grant under this section in an amount that is not less than $1,000,000 and not more than $4,000,000. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $8,000,000 for fiscal year 2000, $8,000,000 for fiscal year 2001, $12,000,000 for fiscal year 2002, and $12,000,000 for fiscal year 2003. TITLE III--MENTORING PROGRAMS FOR NOVICE TEACHERS SEC. 301. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Only half of all novice teachers will still be teaching in 7 years: most will depart the teaching profession after 3 years. (2) Better support for novice teachers is among the top policy reforms that will help school systems retain more teachers. (3) Novice teachers find that having a mentor during the first year is an effective form of support in adjusting to the profession. (4) Teachers who have had a mentor are more confident in their teaching, more able to deal with the social and bureaucratic aspects of their profession than teachers who have not had a mentor. (5) Teachers who have had a mentor are more likely to remain in the profession than teachers who have not had a mentor. (6) Studies show that principals are more satisfied with the performances of teachers who have had a mentor than with teachers who have not had a mentor. (7) Teachers who have had a mentor have a higher rate of one-to-one contact with students, are more interactive with students in general, are more focused on academic content, handle discipline better, and have an enhanced ability to communicate with parents than teachers who have not had a mentor. (b) Purpose.--It is the purpose of this title to increase teacher retention and improve the support and performance of teachers in the first few years of their employment by encouraging and assisting States and local educational agencies to develop and implement mentoring programs for novice teachers. SEC. 302. APPLICATIONS. (a) In General.--Any State educational agency or local educational agency desiring to receive a grant under this title shall submit an application at such time, in such manner, and containing such information, as the Secretary may reasonably require. (b) Requirements.--Each application shall-- (1) describe the programs, projects, and activities to be undertaken with assistance provided under this title; (2) assess the needs of novice teachers; and (3) contain such assurances as the Secretary considers necessary, including assurances that-- (A) assistance provided under this title will be used to supplement, and not supplant, any State or local funds available for the development and implementation of programs to provide a mentoring program for novice teachers; and (B) the State educational agency or local educational agency has, while developing and before submitting the application, consulted with-- (i) superintendents and school board members (including representatives of their professional organizations if appropriate); (ii) elementary and secondary school teachers, including representatives of their professional organizations; (iii) schools or departments of education within institutions of higher education; and (iv) other interested individuals and organizations. SEC. 303. USE OF FUNDS. (a) Use of Funds.-- (1) In general.--A State educational agency or local educational agency that receives a grant under this title shall use such funds to develop and implement new, or expand and improve existing, programs that support and train novice teachers through a mentoring program. (2) Types of assistance.--A State educational agency or local educational agency may carry out such programs, projects, or activities directly, through contracts, or through grants to local educational agencies, institutions of higher education, or consortia of such agencies or institutions. (b) Specific Activities.--Funds received under this title may be used for-- (1) the design, development, implementation, and evaluation of programs that enable novice teachers to have the support and training of other teachers and administrators; (2) the establishment of administrative structures necessary for the development and implementation of mentoring programs; (3) training of staff, including the development of support for mentors, workshops, and seminars for the education and support of novice teachers; and (4) other programs that-- (A) are designed to meet the purpose of this title; and (B) the Secretary determines appropriate. SEC. 304. REPORTING. Each State educational agency and local educational agency that receives a grant under this title shall submit to the Secretary, at such time as the Secretary may specify, a final report describing the mentoring programs carried out with assistance provided under this title and the results achieved with respect to such programs. SEC. 305. DEFINITIONS. In this title: (1) Elementary school; local educational agency; secondary school; and state educational agency.--The terms ``elementary school,'' ``local educational agency,'' ``secondary school,'' and ``State educational agency'' have the same meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Institution of higher education.--The term ``institution of higher education'' has the same meaning given such term in section 101 of the Higher Education Act of 1965. (3) Mentoring programs.--The term ``mentoring program'' means to provide professional support and development, instruction, and guidance to novice teachers, but does not include a teacher or individual who begins to work in a supervisory position. (4) Novice teacher.--The term ``novice teacher'' means an educator in a public school who has not yet been teaching 3 full school years. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 306. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000 for fiscal year 2000 and each of the 3 succeeding fiscal years. <all>

usgpo

2024-06-24T03:05:49.903867

BILLS-106hr1969ih

Arizona National Forest Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1969 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1969 To authorize the Secretary of Agriculture to convey certain administrative sites in national forests in the State of Arizona, to convey certain land to the City of Sedona, Arizona, for a wastewater treatment facility, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Stump introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To authorize the Secretary of Agriculture to convey certain administrative sites in national forests in the State of Arizona, to convey certain land to the City of Sedona, Arizona, for a wastewater treatment facility, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona National Forest Improvement Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Sedona, Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any and all right, title, and interest of the United States in and to the following National Forest System land and administrative sites: (1) The Camp Verde Administrative Site, comprising approximately 213.60 acres, as depicted on the map entitled ``Camp Verde Administrative Site'', dated April 12, 1997. (2) A portion of the Cave Creek Administrative Site, comprising approximately 16 acres, as depicted on the map entitled ``Cave Creek Administrative Site'', dated May 1, 1997. (3) The Fredonia Duplex Housing Site, comprising approximately 1.40 acres, and the Fredonia Housing Site, comprising approximately 1.58 acres, as depicted on the map entitled ``Fredonia Duplex Dwelling, Fredonia Ranger Dwelling'', dated August 28, 1997. (4) The Groom Creek Administrative Site, comprising approximately 7.88 acres, as depicted on the map entitled ``Groom Creek Administrative Site'', dated April 29, 1997. (5) The Payson Administrative Site, comprising approximately 296.43 acres, as depicted on the map entitled ``Payson Administrative Site'', dated May 1, 1997. (6) The Sedona Administrative Site, comprising approximately 21.41 acres, as depicted on the map entitled ``Sedona Administrative Site'', dated April 12, 1997. (b) Consideration.--Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land, existing improvements, and improvements constructed to the specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this section, any sale or exchange of land under subsection (a) shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land or administrative site exchanged under subsection (a). (e) Solicitation of Offers.-- (1) In general.--The Secretary may solicit offers for the sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 4. CONVEYANCE TO CITY OF SEDONA. (a) In General.--The Secretary may sell to the city of Sedona, Arizona, by quitclaim deed in fee simple, all right, title, and interest of the United States in and to approximately 300 acres of land as depicted on the map in the environmental assessment entitled ``Sedona Effluent Management Plan'', dated August 1998, for construction of an effluent disposal system in Yavapai County, Arizona. (b) Description.--A legal description of the land conveyed under subsection (a) shall be available for public inspection in the office of the Chief of the Forest Service, Washington, District of Columbia. (c) Consideration.-- (1) Fair market value.--As consideration for the conveyance of land under subsection (a), the City shall pay to the Secretary an amount equal to the fair market value of the land as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. (2) Cost of appraisal.--The City shall pay the cost of the appraisal of the land. (3) Payment.--Payment of the amount determined under paragraph (1) (including any interest payable under paragraph (4)) shall be paid, at the option of the City-- (A) in full not later than 180 days after the date of the conveyance of the land; or (B) in 7 equal annual installments commencing not later than January 1 of the first year following the date of the conveyance and annually thereafter until the total amount has been paid. (4) Interest rate.--Any payment due for the conveyance of land under this section shall accrue, beginning on the date of the conveyance, interest at a rate equal to the current (as of the date of the conveyance) market yield on outstanding, marketable obligations of the United States with maturities of 1 year. (d) Release.--Subject to compliance with all Federal environmental laws by the Secretary before the date of conveyance of land under this section, on conveyance of the land, the City shall agree in writing to hold the United States harmless from any and all claims to the land, including all claims resulting from hazardous materials on the conveyed land. (e) Right of Reentry.--At any time before full payment is made for the conveyance of land under this section, the conveyance shall be subject to a right of reentry in the United States if the Secretary determines that-- (1) the City has not complied with the requirements of this section or the conditions prescribed by the Secretary in the deed of conveyance; or (2) the conveyed land is not used for disposal of treated effluent or other purposes related to the construction of an effluent disposal system in Yavapai County, Arizona. SEC. 5. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under this Act in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities for the Coconino National Forest, Kaibab National Forest, Prescott National Forest, and Tonto National Forest; or (2) the acquisition of land and or an interest in land in the State of Arizona. <all>

usgpo

2024-06-24T03:05:50.300245

BILLS-106hr1970ih

Galisteo Basin Archaeological Protection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1970 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1970 To designate the Galisteo Basin Archaeological Protection Sites, to provide for the protection of archaeological sites in the Galisteo Basin of New Mexico, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Udall of New Mexico introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To designate the Galisteo Basin Archaeological Protection Sites, to provide for the protection of archaeological sites in the Galisteo Basin of New Mexico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Galisteo Basin Archaeological Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Galisteo Basin and surrounding area of New Mexico are the location of many well preserved prehistoric and historic archaeological resources of Native American and Spanish colonial cultures. (2) These resources include the largest ruins of Pueblo Indian settlements in the United States, spectacular examples of Native American rock art, and ruins of Spanish colonial settlements. (3) These resources are threatened by natural causes, urban development, vandalism, and uncontrolled excavations. (b) Purpose.--The purpose of this Act is to provide for the preservation, protection, and interpretation of the nationally significant archaeological resources in the Galisteo Basin in New Mexico. SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHAEOLOGICAL PROTECTION SITES. (a) In General.--The archaeological sites listed in subsection (b), as generally depicted on the map entitled ``Galisteo Basin Archaeological Protection Sites'' and dated May 1999, are hereby designated as the ``Galisteo Basin Archaeological Protection Sites''. (b) Sites Described.--The archaeological sites referred to in subsection (a) consist of 26 sites in the Galisteo Basin, New Mexico, totaling approximately 4,022 acres, as follows: Name Acres Arroyo Hondo Pueblo.................................... 21 Burnt Corn Pueblo...................................... 110 Camino Real Site....................................... 1 Chamisa Locita Pueblo.................................. 40 Comanche Gap Petroglyphs............................... 768 Espinoso Ridge Site.................................... 160 La Cienega Pueblo and Petroglyphs...................... 126 La Cienega Pithouse Village............................ 179 La Cieneguilla Petroglyphs............................. 186 La Cieneguilla Pueblo.................................. 12 Lamy Pueblo............................................ 30 Lamy Junction Site..................................... 65 Las Huertas............................................ 20 Pa'ako Pueblo.......................................... 29 Petroglyph Hill........................................ 90 Pueblo Blanco.......................................... 533 Pueblo Colorado........................................ 120 Pueblo Galisteo/Las Madres............................. 284 Pueblo Largo........................................... 60 Pueblo She............................................. 120 Rote Chert Quarry...................................... 1 San Cristobal Pueblo................................... 390 San Lazaro Pueblo...................................... 416 San Marcos Pueblo...................................... 152 Tonque Pueblo.......................................... 97 Upper Arroyo Hondo Pueblo.............................. 12 Total Acreage 4,022 (c) Availability of Map.--The Secretary shall keep the map referred to in subsection (a) on file and available for public inspection in appropriate offices in New Mexico of the Bureau of Land Management and the National Park Service. (d) Boundary Adjustments.--The Secretary may make minor adjustments to the boundaries of the archaeological protection sites by publishing notice thereof in the Federal Register. SEC. 4. ADDITIONAL SITES. (a) In General.--The Secretary shall-- (1) continue to search for additional Native American and Spanish colonial sites in the Galisteo Basin area of New Mexico; and (2) within 3 years after the date funds are first available to carry out this Act, and periodically thereafter, submit to the Congress recommendations for additions to, deletions from, and modifications of the boundaries of sites included in, the list of archaeological protection sites in section 4(b). (b) Additions Only by Statute.--Additions to or deletions from the list in section 3(b) may be made only by an Act of Congress. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer Federal lands located within the archaeological protection sites in accordance with this Act, the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and other applicable laws, in a manner that will protect, preserve, and maintain the archaeological resources of those sites and provide for research thereon. (b) Management Plan.-- (1) In general.--Within 3 complete fiscal years after the date funds are first made available to carry out this Act, the Secretary shall prepare and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a general management plan for the identification, research, protection, and public interpretation of the archaeological resources of Federal lands located within the archaeological protection sites and non- Federal lands that are the subject of cooperative agreements under section 6. (2) Consultation.--The Secretary shall develop the general management plan in consultation with the Governor of New Mexico, the New Mexico State Land Commissioner, affected Native American pueblos, and other interested persons. SEC. 6. COOPERATIVE AGREEMENTS. The Secretary may enter into cooperative agreements with the owners of non-Federal lands located within the archaeological protection sites. The purposes of such an agreement shall be to protect, preserve, maintain, and administer the archaeological resources and associated lands of such a site. Where appropriate, such an agreement may also provide for public interpretation of an archaeological protection site. SEC. 7. ACQUISITIONS. (a) In General.--The Secretary may acquire lands and interests therein within the boundaries of the archaeological protection sites, and access thereto, by donation, purchase with donated or appropriated funds, or by exchange. (b) Consent of Owner Required.--The Secretary may acquire lands or interests therein under this section only with the consent of the owner thereof. (c) State Lands.--The Secretary may acquire under this section lands or interests therein owned by the State of New Mexico or a political subdivision thereof only by donation or exchange. SEC. 8. WITHDRAWAL. Subject to valid existing rights, all Federal lands within the archaeological protection sites are hereby withdrawn-- (1) from all forms of entry, appropriation, or disposal under the public land laws; (2) from location, entry, and patent under the mining laws; and (3) from disposition under all laws relating to mineral and geothermal leasing. SEC. 9. DEFINITIONS. In this Act: (1) Archaeological protection site.--The term ``archaeological protection site'' means any archaeological site designated as one of the Galisteo Basin Archaeological Protection Sites by section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. <all>

usgpo

2024-06-24T03:05:50.316476

BILLS-106hr1960ih

To amend the Elementary and Secondary Education Act of 1965, to reauthorize and make improvements to that Act, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1960 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1960 To amend the Elementary and Secondary Education Act of 1965, to reauthorize and make improvements to that Act, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Clay (for himself, Mr. Kildee, Mr. Martinez, Mr. Owens, Mr. Payne, Mrs. Mink of Hawaii, Mr. Andrews, Mr. Roemer, Mr. Scott, Ms. Woolsey, Mr. Romero-Barcelo, Mr. Fattah, Mr. Hinojosa, Mrs. McCarthy of New York, Mr. Tierney, Mr. Kind, Ms. Sanchez, Mr. Ford, Mr. Kucinich, Mr. Holt, and Mr. Wu) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965, to reauthorize and make improvements to that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ``Educational Excellence for All Children Act of 1999''. table of contents Sec. 2. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., hereinafter in this Act referred to as ``the ESEA'') is amended-- (1) in section 1, by amending the heading thereof to read as follows: ``short title''; and (2) by inserting immediately after section 1 the following new section: ``table of contents ``Sec. 2. The table of contents is as follows: ``Sec. 1. Short title. ``Sec. 2. Table of contents. ``Sec. 3. America's education goals. ``TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS ``Sec. 1001. Declaration of policy and statement of purpose. ``Sec. 1002. Authorization of appropriations. ``Sec. 1003. Reservations for accountability and evaluation. ``Part A--Improving Basic Programs Operated by Local Educational Agencies ``Subpart 1--Basic Program Requirements ``Sec. 1111. State plans. ``Sec. 1112. Local educational agency plans. ``Sec. 1113. Eligible school attendance areas. ``Sec. 1114. Schoolwide programs. ``Sec. 1115. Targeted assistance schools. ``Sec. 1115A. School choice. ``Sec. 1116. Assessment and local educational agency and school improvement. ``Sec. 1117. State assistance for school district and school support and improvement. ``Sec. 1118. Parental involvement. ``Sec. 1119. High-quality instruction. ``Sec. 1120. Participation of children enrolled in private schools. ``Sec. 1120A. Fiscal requirements. ``Sec. 1120B. Preschool services; coordination requirements. ``Subpart 2--Allocations ``Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. ``Sec. 1122. Allocations to States. ``Sec. 1124. Basic grants to local educational agencies. ``Sec. 1124A. Concentration grants to local educational agencies. ``Sec. 1125. Targeted assistance grants to local educational agencies. ``Sec. 1125A. Education finance incentive program. ``Sec. 1126. Special allocation procedures. ``Sec. 1127. Carryover and waiver. ``Part B--Even Start Family Literacy Programs ``Sec. 1201. Statement of purpose. ``Sec. 1202. Program authorized. ``Sec. 1203. State programs. ``Sec. 1204. Uses of funds. ``Sec. 1205. Program elements. ``Sec. 1206. Eligible participants. ``Sec. 1207. Applications. ``Sec. 1208. Award of subgrants. ``Sec. 1209. Evaluation. ``Sec. 1210. Indicators of program quality. ``Sec. 1211. Construction. ``Part C--Education of Migratory Children ``Sec. 1301. Program purpose. ``Sec. 1302. Program authorized. ``Sec. 1303. State allocations. ``Sec. 1304. State applications; services. ``Sec. 1305. Secretarial approval; peer review. ``Sec. 1306. Authorized activities. ``Sec. 1307. Bypass. ``Sec. 1308. Coordination of migrant education activities. ``Sec. 1309. Definitions. ``Part D--State Agency Programs for Children and Youth Who Are Neglected or Delinquent ``Sec. 1401. Findings; purpose; program authorized. ``Sec. 1402. Payments for programs under this part. ``Subpart 1--State Agency Programs ``Sec. 1411. Eligibility. ``Sec. 1412. Allocations to States. ``Sec. 1413. State reallocation of funds. ``Sec. 1414. State plan and State agency applications. ``Sec. 1415. Use of funds. ``Sec. 1416. Institution-wide projects. ``Sec. 1417. Three-year programs or projects. ``Sec. 1418. Transition services. ``Subpart 2--General Provisions ``Sec. 1431. Program evaluations. ``Sec. 1432. Definitions. ``Part E--Reading and Literacy Grants ``Sec. 1501. Purposes. ``Sec. 1502. Definitions. ``Sec. 1503. Reading and literacy grants to State educational agencies. ``Sec. 1504. Use of amounts by State educational agencies. ``Sec. 1505. Local reading improvement subgrants. ``Sec. 1506. Tutorial assistance subgrants. ``Sec. 1507. National evaluation. ``Sec. 1508. Information dissemination. ``Sec. 1509. State evaluations; performance reports. ``Part F--Federal Evaluations, Demonstrations, and Transition Projects ``Sec. 1601. Evaluations, management information, and other national activities. ``Sec. 1602. Demonstrations of innovative practices. ``Part G--General Provisions ``Sec. 1701. State administration. ``Sec. 1702. Construction. ``TITLE II--HIGH STANDARDS IN THE CLASSROOM ``Part A--Teaching to High Standards ``Subpart 1--Findings, Purpose, and Authorization of Appropriations ``Sec. 2111. Findings. ``Sec. 2112. Purpose. ``Sec. 2113. Authorizations of appropriations. ``Subpart 2--State amd Local Activities ``Sec. 2121. Allocations to States. ``Sec. 2122. Priority for professional development in mathematics and science. ``Sec. 2123. State application. ``Sec. 2124. Annual State reports. ``Sec. 2125. Within-State allocations. ``Sec. 2126. State-level activities. ``Sec. 2127. Subgrants to partnerships of institutions of higher education and local educational agencies. ``Sec. 2128. Competitive local awards. ``Sec. 2129. Local applications. ``Sec. 2130. Uses of funds. ``Sec. 2131. Local accountability. ``Sec. 2132. Local cost-sharing requirement. ``Sec. 2133. Maintenance of effort. ``Sec. 2134. Equipment and textbooks. ``Sec. 2135. Supplement, not supplant. ``Sec. 2136. Program performance indicators. ``Sec. 2137. Definitions. ``Subpart 3--National Activities for the Improvement of Teaching and School Leadership ``Sec. 2141. Program authorized. ``Sec. 2142. Eisenhower National Clearinghouse for Mathematics and Science Education. ``Part B--Transition to Teaching: Troops to Teachers ``Sec. 2211. Findings. ``Sec. 2212. Purpose. ``Sec. 2213. Program authorized. ``Sec. 2214. Application. ``Sec. 2215. Uses of funds and period of service. ``Sec. 2216. Equitable distribution. ``Sec. 2217. Definitions. ``Part C--Early Childhood Educator Professional Development ``Sec. 2301. Purpose. ``Sec. 2302. Program authorized. ``Sec. 2303. Applications. ``Sec. 2304. Selection of grantees. ``Sec. 2305. Uses of funds. ``Sec. 2306. Accountability. ``Sec. 2307. Cost-sharing. ``Sec. 2308. Definitions. ``Sec. 2309. Federal coordination. ``Sec. 2310. Authorization of appropriations. ``Part D--Technical Assistance Programs ``Sec. 2401. Findings. ``Sec. 2402. Purpose. ``Subpart 1--Strengthening the Capacity of State and Local Educational Agencies To Become Effective, Informed Consumers of Technical Assistance ``Sec. 2411. Purpose. ``Sec. 2412. Allocation of funds. ``Sec. 2413. Formula grants to State educational agencies. ``Sec. 2414. State application. ``Sec. 2415. State uses of funds. ``Sec. 2416. Grants to large local educational agencies. ``Sec. 2417. Local application. ``Sec. 2418. Local uses of funds. ``Sec. 2419. Equitable services for private schools. ``Sec. 2419A. Consumer information. ``Sec. 2419B. Authorization of appropriations. ``Subpart 2--Technical Assistance Centers Serving Special Needs ``Sec. 2421. General provisions. ``Sec. 2422. Centers for technical assistance on the needs of special populations. ``Sec. 2423. Parental information and resource centers. ``Sec. 2424. Eisenhower regional mathematics and science education consortia. ``Subpart 3--Technology-Based Technical Assistance Information Dissemination ``Sec. 2431. Web-based and other information dissemination. ``Sec. 2432. Authorization of appropriations. ``Subpart 4--National Evaluation Activities ``Sec. 2441. National evaluation activities. ``TITLE III--TECHNOLOGY FOR EDUCATION ``Sec. 3001. Short title. ``Sec. 3002. Findings. ``Sec. 3003. Statement of purpose. ``Sec. 3004. Supplement, not supplant. ``Part A--Federal Leadership and National Activities ``Sec. 3101. National evaluation of education technology. ``Sec. 3102. National long-range technology plan. ``Sec. 3103. Federal leadership. ``Sec. 3104. Authorization of appropriations. ``Part B--Special Projects ``Subpart 1--Next-Generation Technology Innovation Awards ``Sec. 3211. Purpose; program authority. ``Sec. 3212. Eligibility. ``Sec. 3213. Uses of funds. ``Sec. 3214. Evaluation. ``Sec. 3215. Authorization of appropriations. ``Subpart 2--Ready-to-Learn Digital Television ``Sec. 3221. Ready-to-learn. ``Sec. 3222. Educational programming. ``Sec. 3223. Duties of Secretary. ``Sec. 3224. Applications. ``Sec. 3225. Reports and evaluation. ``Sec. 3226. Administrative costs. ``Sec. 3227. Definition. ``Sec. 3228. Authorization of appropriations. ``Subpart 3--Telecommunications Program for Professional Development in the Core Content Areas ``Sec. 3231. Purpose; program authority. ``Sec. 3232. Application required. ``Sec. 3233. Authorization of appropriations. ``Subpart 4--Community Technology Centers ``Sec. 3241. Purpose; program authority. ``Sec. 3242. Eligibility and application requirements. ``Sec. 3243. Uses of funds. ``Sec. 3244. Authorization of appropriations. ``Part C--Preparing Tomorrow's Teachers To Use Technology ``Sec. 3301. Purpose; program authority. ``Sec. 3302. Eligibility. ``Sec. 3303. Uses of funds. ``Sec. 3304. Authorization of appropriations. ``Part D--Regional, State, and Local Educational Technology Resources ``Subpart 1--Technology Literacy Challenge Fund ``Sec. 3411. Purpose. ``Sec. 3412. Allotment and reallotment. ``Sec. 3413. Technology literacy challenge fund. ``Sec. 3414. State application. ``Sec. 3415. Local uses of funds. ``Sec. 3416. Local applications. ``Sec. 3417. Definitions. ``Sec. 3418. Authorization of appropriations. ``Subpart 2--Regional Technology in Education Consortia ``Sec. 3411. Regional technical support and professional development. ``Sec. 3412. Authorization of appropriations. ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ``Sec. 4001. Short title. ``Sec. 4002. Findings. ``Sec. 4003. Purpose. ``Sec. 4004. Authorization of appropriations. ``Part A--State Grants for Drug and Violence Prevention Programs ``Sec. 4111. Reservations and allotments. ``Sec. 4112. State applications. ``Sec. 4113. State and local educational agency programs. ``Sec. 4114. Local drug and violence prevention programs. ``Sec. 4115. Governor's programs. ``Sec. 4116. Local applications. ``Sec. 4117. National evaluations and data collection. ``Part B--National Programs ``Sec. 4211. National activities. ``Part C--School Emergency Response to Violence ``Sec. 4311. Project SERV. ``Part D--Related Provisions ``Sec. 4411. Gun-Free Schools Act. ``Sec. 4412. Local policies. ``Sec. 4413. Materials. ``Sec. 4414. Prohibited use of funds. ``Sec. 4415. Drug-, alcohol-, and tobacco-free schools. ``Sec. 4416. Prohibition of supplanting. ``Sec. 4417. Definitions. ``TITLE V--PROMOTING EQUITY, EXCELLENCE, AND PUBLIC SCHOOL CHOICE ``Part A--Magnet Schools Assistance ``Sec. 5101. Findings. ``Sec. 5102. Statement of purpose. ``Sec. 5103. Program authorized. ``Sec. 5104. Definition. ``Sec. 5105. Eligibility. ``Sec. 5106. Applications and requirements. ``Sec. 5107. Priority. ``Sec. 5108. Use of funds. ``Sec. 5109. Prohibitions. ``Sec. 5110. Limitations. ``Sec. 5111. Evaluations. ``Sec. 5112. Authorization of appropriations; reservation. ``Part B--Public Charter Schools ``Sec. 5201. Findings and purpose. ``Sec. 5202. Program authorized. ``Sec. 5203. Applications. ``Sec. 5204. Administration. ``Sec. 5205. National activities. ``Sec. 5206. Federal formula allocation during the first year and for successive enrollment expansions. ``Sec. 5207. Solicitation of input from charter school operators. ``Sec. 5208. Records transfers. ``Sec. 5209. Paperwork reduction. ``Sec. 5210. Definitions. ``Sec. 5211. Authorization of appropriations. ``Part C--Options: Opportunities To Improve Our Nation's Schools ``Sec. 5301. Findings; purpose. ``Sec. 5302. Grants. ``Sec. 5303. Uses of funds. ``Sec. 5304. Grant application; priorities. ``Sec. 5305. Authorization of appropriations. ``Part D--Women's Educational Equity ``Sec. 5401. Short title; findings. ``Sec. 5402. Statement of purposes. ``Sec. 5403. Programs authorized. ``Sec. 5404. Applications. ``Sec. 5405. Criteria and priorities. ``Sec. 5406. Administration. ``Sec. 5407. Authorization of appropriations. ``TITLE VI--CLASS-SIZE REDUCTION ``Sec. 6001. Findings. ``Sec. 6002. Purpose. ``Sec. 6003. Authorization of appropriations. ``Sec. 6004. Allocations to States. ``Sec. 6005. Applications. ``Sec. 6006. Within-State allocations. ``Sec. 6007. Local applications. ``Sec. 6008. Uses of funds. ``Sec. 6009. Cost-sharing requirement. ``Sec. 6010. Nonsupplanting. ``Sec. 6011. Annual State reports. ``Sec. 6012. Participation of private school teachers. ``Sec. 6013. Definition. ``TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE ACQUISITION PROGRAMS ``Part A--Bilingual Education ``Sec. 7101. Short title. ``Sec. 7102. Findings, policy, and purpose. ``Sec. 7103. Authorization of appropriations. ``Sec. 7104. Native American and Alaska Native children in School. ``Subpart 1--Bilingual Education Capacity and Demonstration Grants ``Sec. 7111. Financial assistance for bilingual education. ``Sec. 7112. Program development and enhancement grants. ``Sec. 7113. Comprehensive school grants. ``Sec. 7114. Systemwide improvement grants. ``Sec. 7115. Applications. ``Sec. 7116. Capacity building. ``Sec. 7117. Programs for Native Americans and Puerto Rico. ``Sec. 7118. Evaluations. ``Sec. 7119. Construction. ``Subpart 2--Research, Evaluation, and Dissemination ``Sec. 7121. Authority. ``Sec. 7122. Research. ``Sec. 7123. Academic excellence awards. ``Sec. 7124. State grant program. ``Sec. 7125. National Clearinghouse on the Education of Children and Youth with Limited English Proficiency. ``Sec. 7126. Instructional materials development. ``Subpart 3--Professional Development ``Sec. 7131. Purpose. ``Sec. 7132. Training for all teachers program. ``Sec. 7133. Bilingual education teachers and personnel grants. ``Sec. 7134. Bilingual education career ladder program. ``Sec. 7135. Graduate fellowships in bilingual education program. ``Sec. 7136. Application. ``Sec. 7137. Stipends. ``Sec. 7138. Program evaluations. ``Sec. 7139. Use of funds for second language competence. ``Subpart 4--Transition ``Sec. 7141. Transition. ``Part B--Emergency Immigrant Education Program ``Sec. 7201. Findings and purpose. ``Sec. 7202. State administrative costs. ``Sec. 7203. Withholding. ``Sec. 7204. State allocations. ``Sec. 7205. State applications. ``Sec. 7206. Administrative provisions. ``Sec. 7207. Uses of funds. ``Sec. 7208. Reports. ``Sec. 7209. Authorization of appropriations. ``Part C--Administration ``Sec. 7301. Release time. ``Sec. 7302. Education technology. ``Sec. 7303. Notification. ``Sec. 7304. Continued eligibility. ``Sec. 7305. Coordination and reporting requirements. ``Sec. 7306. Administrative provisions. ``Part D--General Provisions ``Sec. 7401. Definitions; regulations. ``Sec. 7402. Regulations, parental notification, and use of paraprofessionals. ``TITLE VIII--IMPACT AID ``Sec. 8001. Purpose. ``Sec. 8002. Payments relating to Federal acquisition of real property. ``Sec. 8003. Payments for eligible federally connected children. ``Sec. 8004. Indian community participation. ``Sec. 8005. Application for payments under sections 8002 and 8003. ``Sec. 8007. Construction. ``Sec. 8008. Facilities. ``Sec. 8009. State consideration of payments in providing State aid. ``Sec. 8010. Federal administration. ``Sec. 8011. Administrative hearings and judicial review. ``Sec. 8012. Forgiveness of overpayments. ``Sec. 8013. Definitions. ``Sec. 8014. Authorization of appropriations. ``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION ``Part A--Indian Education ``Sec. 9101. Findings. ``Sec. 9102. Purpose. ``Subpart 1--Formula Grants to Local Educational Agencies ``Sec. 9111. Purpose. ``Sec. 9112. Grants to local educational agencies. ``Sec. 9113. Amount of grants. ``Sec. 9114. Applications. ``Sec. 9115. Authorized services and activities. ``Sec. 9116. Student eligibility forms. ``Sec. 9117. Payments. ``Sec. 9118. State educational agency review. ``Subpart 2--Special Programs and Projects To Improve Educational Opportunities for Indian Children ``Sec. 9121. Improvement of educational opportunities for Indian children. ``Sec. 9122. Professional development. ``Subpart 3--National Research Activities ``Sec. 9141. National activities. ``Subpart 4--Federal Administration ``Sec. 9151. National Advisory Council on Indian Education. ``Sec. 9152. Peer review. ``Sec. 9153. Preference for Indian applicants. ``Sec. 9154. Minimum grant criteria. ``Subpart 5--Definitions; Authorizations of Appropriations ``Sec. 9161. Definitions. ``Sec. 9162. Authorization of appropriations. ``Part B--Native Hawaiian Education ``Sec. 9201. Short title. ``Sec. 9202. Findings. ``Sec. 9203. Purpose. ``Sec. 9204. Program authorized. ``Sec. 9205. Administrative provisions. ``Sec. 9206. Definitions. ``Part C--Alaska Native Education ``Sec. 9301. Short title. ``Sec. 9302. Findings. ``Sec. 9303. Purpose. ``Sec. 9304. Program authorized. ``Sec. 9305. Administrative provisions. ``Sec. 9306. Definitions. ``TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE ``Part A--Fund for the Improvement of Education ``Sec. 10101. Fund for the improvement of education. ``Sec. 10102. State and local character education program. ``Sec. 10103. Character education research, dissemination, and evaluation. ``Part B--Gifted and Talented Children ``Sec. 10201. Short title. ``Sec. 10202. Findings and purpose. ``Sec. 10203. Construction. ``Sec. 10204. Authorized programs. ``Sec. 10205. Program priorities. ``Sec. 10206. General provisions. ``Sec. 10207. Authorization of appropriations. ``Part C--International Education Program ``Sec. 10301. International education program. ``Part D--Arts in Education ``Sec. 10401. Support for arts education. ``Part E--Inexpensive Book Distribution Program ``Sec. 10501. Inexpensive book distribution program for reading motivation. ``Part F--Civic Education ``Sec. 10601. Instruction on the history and principles of democracy in the United States. ``Sec. 10602. Authorization of appropriations. ``Part G--21st Century Community Learning Centers ``Sec. 10701. Short title. ``Sec. 10702. Findings. ``Sec. 10703. Program authorization. ``Sec. 10704. Application required. ``Sec. 10705. Uses of funds. ``Sec. 10706. Definitions. ``Sec. 10707. Authorization of appropriations. ``Sec. 10708. Continuation awards. ``Part H--High School Reform ``Sec. 10801. Purposes. ``Sec. 10802. Grants to local educational agencies. ``Sec. 10803. Applications. ``Sec. 10804. Selection of grantees. ``Sec. 10805. Outcomes and components of education reforms. ``Sec. 10806. Private schools. ``Sec. 10807. Additional activities. ``Sec. 10808. Definition. ``Sec. 10809. Authorization of appropriations. ``PART I--Elementary School Foreign Language Assistance Program ``Sec. 10901. Findings; purposes. ``Sec. 10902. Elementary school foreign language assistance program. ``Part J--National Writing Project ``Sec. 10951. Findings. ``Sec. 10952. National writing project. ``TITLE XI--GENERAL PROVISIONS ``Part A--Definitions ``Sec. 11101. Definitions. ``Sec. 11102. Applicability of this title. ``Sec. 11103. Applicability to Bureau of Indian Affairs Operated Schools. ``Part B--Improving Education Through Accountability ``Sec. 11201. Short title. ``Sec. 11202. Purpose. ``Sec. 11203. Turning around failing schools. ``Sec. 11204. Student progress and promotion policy. ``Sec. 11205. Ensuring teacher quality. ``Sec. 11206. Sound discipline policy. ``Sec. 11207. Education report cards. ``Sec. 11208. Education accountability plans. ``Sec. 11209. Authority of Secretary to ensure accountability. ``Sec. 11210. Recognition and rewards. ``Sec. 11211. Best practices and models. ``Sec. 11212. Construction. ``Part C--America's Education Goals Panel ``Sec. 11301. Purpose. ``Sec. 11302. America's Education Goals Panel. ``Sec. 11303. Duties. ``Sec. 11304. Powers of the Goals Panel. ``Sec. 11305. Administrative provisions. ``Sec. 11306. Director and staff; experts and consultants. ``Sec. 11307. Authorization of appropriations. ``Part D--Flexibility in the Use of Administrative and Other Funds ``Sec. 11401. Consolidation of State administrative funds for elementary and secondary education programs. ``Sec. 11402. Single local educational agency States. ``Sec. 11403. Consolidation of funds for local administration. ``Sec. 11404. Consolidated set-aside for Department of the Interior funds. ``Sec. 11405. Most effective use of program funds. ``Part E--Coordination of Programs; Consolidated State and Local Plans ``Sec. 11501. Purpose. ``Sec. 11502. Optional consolidated State plans. ``Sec. 11503. General applicability of State educational agency assurances. ``Sec. 11504. Consolidated local plans. ``Sec. 11505. Other general assurances. ``Sec. 11506. Consolidated reporting. ``Part F--Waivers ``Sec. 11601. Waivers of statutory and regulatory requirements. ``Part G--Education Flexibility Partnerships ``Sec. 11701. Short title. ``Sec. 11702. Findings. ``Sec. 11703. Definitions. ``Sec. 11704. Education flexibility partnerships. ``Part H--Uniform Provisions ``Sec. 11801. Maintenance of effort. ``Sec. 11802. Prohibition regarding State aid. ``Sec. 11803. Participation by private school children and teachers. ``Sec. 11804. Standards for by-pass. ``Sec. 11805. Complaint process for participation of private school children. ``Sec. 11806. By-pass determination process. ``Sec. 11807. Prohibition against funds for religious worship or instruction. ``Sec. 11808. Applicability to home schools. ``Sec. 11809. General provisions regarding nonrecipient nonpublic schools. ``Sec. 11810. School prayer. ``Sec. 11811. General prohibitions. ``Sec. 11812. Prohibition on Federal mandates, direction, and control. ``Part I--Coordinated Services ``Sec. 11901. Findings and purpose. ``Sec. 11902. Definitions. ``Sec. 11903. Project development and implementation. ``Sec. 11904. Uses of funds. ``Sec. 11905. Continuing authority. ``Part J--Evaluation and Indicators ``Sec. 11911. Evaluations. ``Sec. 11912. Performance measures. ``Part K--Sense of the Congress ``Sec. 11921. Sense of Congress to increase the total share of federal spending on education. ``Sec. 11922. Sense of Congress; requirement regarding notice.''. america's education goals Sec. 3. (a) Findings.--The Congress finds that: (1) America's Education Goals (formerly the National Education Goals) are very ambitious, and purposely designed to set high expectations for educational performance at every stage of an individual's life, from the preschool years through adulthood. (2) With a focus by policymakers, educators, and the public on the Goals, the Nation will be able to raise its overall level of educational achievement. (3) Since the 1990 adoption of the National Education Goals, some progress has been made toward achieving those Goals. Areas in which the Nation has made progress toward these Goals during the last decade include: (A) On Goal #1, that all children will start school ready to learn, there has been an increase in the percentages of-- (i) preschool children whose parents read to them or tell them stories; and (ii) 2-year-old children who have been fully immunized against preventable childhood diseases. (B) On Goal #3, that all students demonstrate competency over challenging subject matter, the percentage of fourth, eighth, and twelfth grade students who meet the Goals Panel's performance standard in mathematics has increased. (C) On Goal #5, that United States students become first in the world in mathematics and science achievement, the percentage of all college degrees awarded that are in mathematics and science has increased for all students. (D) On Goal #7, that every school in the United States will be free of drugs, violence, and the unauthorized presence of firearms and alcohol, the percentage of students who report that they have been threatened or injured at school has decreased. (4) Areas in which the Nation has been unsuccessful in making progress toward these Goals during the last decade include: (A) On Goal #4, that all teachers have access to programs for the continued improvement of their professional skills, the percentage of secondary school teachers who hold a degree in the subject that is their main teaching assignment has decreased. (B) On Goal #6, that every adult will be literate and prepared to compete in the global economy and exercise the rights of citizenship-- (i) fewer adults with a high school diploma or less, and who need additional training, are participating in adult education than individuals who have a postsecondary education; and (ii) the difference between the percentage of Black high school graduates who complete a college degree and the percentage of white high school graduates who complete a college degree has increased. (C) On Goal #7, that every school in the United States will be free of drugs, violence, and the unauthorized presence of firearms and alcohol-- (i) the percentage of students reporting that they have used an illicit drug, or that someone offered to sell or give them drugs, has increased; (ii) the percentage of public school teachers who report that they were threatened or injured at school has increased; and (iii) a higher percentage of secondary school teachers report that student disruptions in their classrooms interfere with their teaching. (5) Because States began the 1990s at various levels of achievement with respect to each of the Goals, the time and effort needed to reach the Goals will vary from State to State and from Goal to Goal. (6) Individual States have made significant progress toward the Goals, and some States have made progress in multiple areas. Areas in which States have made progress toward the Goals during the last decade include: (A) With respect to Goal #1, that all children will start school ready to learn-- (i) 35 States have reduced the percentage of infants born with one or more of four health risks; (ii) 50 States have increased the percentage of mothers receiving early prenatal care; and (iii) 47 States have increased the percentage of children with disabilities participating in preschool. (B) With respect to Goal #2, that at least 90 percent of all students graduate from high school-- (i) 10 States have increased the percentage of young adults who have a high school diploma; and (ii) 3 States have reduced the percentage of students in grades 9 through 12 who leave school without completing a recognized program of secondary education. (C) With respect to Goal #3, that all students demonstrate competency over subject matter-- (i) 27 States have increased the percentage of 8th-grade students who achieved to at least the ``proficient'' standard on the 1996 National Assessment of Educational Progress (NAEP) in mathematics; and (ii) 50 States have increased the percentage of students that received a score on an Advanced Placement examination that permitted the students to earn college credits in the subject area tested. (D) With respect to Goal #4, that all teachers have access to programs for the continued improvement of their professional skills, 17 States have increased the percentage of public school teachers who received support from a master or mentor teacher during their first year of teaching. (E) With respect to Goal #5, that United States students become first in the world in mathematics and science achievement-- (i) 47 States have increased the percentage of all degrees that were awarded in mathematics and science; (ii) 33 States have increased the percentage of all degrees in mathematics and science that were awarded to minority students; and (iii) 42 States have increased the percentage of all degrees in mathematics and science that were awarded to female students. (F) With respect to Goal #6, that every adult will be literate and prepared to compete in the global economy and exercise the rights of citizenship-- (i) 39 States have increased the percentage of high school graduates who immediately enroll in an institution of higher education; and (ii) 10 States have increased the percentage of their citizens who registered to vote. (G) With respect to Goal #8, that every school will promote partnerships that increase parental involvement, 17 States have increased the influence of parent associations in setting public school policies. (7) Areas in which States have been unsuccessful in making progress toward these Goals during the 1990s include: (A) On Goal #1, that all children will start school ready to learn, the percentage of infants born at low birthweight has increased in 32 States. (B) On Goal #2, that at least 90 percent of all students graduate from high school, the high school dropout rate has increased in 10 States. (C) On Goal #6, that every adult will be literate and prepared to compete in the global economy and exercise the rights of citizenship, lower percentages of students are enrolling in college immediately after high school in 11 States. (D) On Goal #7, that every school in the United States will be free of drugs, violence, and the unauthorized presence of firearms and alcohol-- (i) student use of marijuana has increased in 16 States; (ii) the percentage of students who report that drugs are available on school property has increased in 15 States; and (iii) the percentage of public school teachers reporting that student disruptions in class interfere with their teaching has increased in 37 States. (8) The continued pursuit of these Goals is necessary to ensure continued, and more evenly distributed, progress across our Nation. (9) Federal programs and policies have contributed to States' ability to offer high-quality education to all students and have helped States to implement reforms intended to raise the achievement level of every child. (10) Even though all the Goals have not been reached, nor accomplished to equal degrees, there is a continued need to reaffirm these Goals as a benchmark to which all students can strive and attain. (b) America's Education Goals.--The ESEA is further amended by inserting immediately after section 2 (as added by section 2 of the bill) the following new section: ``america's education goals ``Sec. 3. (a) Purpose.--It is the purpose of this section to-- ``(1) set forth a common set of national goals for the education of our Nation's students that the Federal Government and all States and local communities will work to achieve; ``(2) identify the Nation's highest education priorities related to preparing students for responsible citizenship, further learning, and the technological, scientific, and economic challenges of the 21st century; and ``(3) establish a framework for educational excellence at the national, State, and local levels. ``(b) America's Education Goals.--The Congress declares that America's Education Goals are the following: ``(1) School readiness.--(A) All children in America will start school ready to learn. ``(B) The objectives for this goal are that-- ``(i) all children will have access to high- quality, and developmentally appropriate, preschool programs that help prepare children for school; ``(ii) every parent in the United States will be a child's first teacher, and devote time each day to helping his or her preschool child learn, and parents will have access to the training and support they need; and ``(iii) children will receive the nutrition, physical activity, and health care needed to arrive at school with healthy minds and bodies, and to maintain the mental alertness necessary to be prepared to learn, and the number of low-birthweight babies will be significantly reduced through enhanced prenatal health systems. ``(2) School completion.--(A) The high school graduation rate will increase to at least 90 percent. ``(B) The objectives for this goal are that-- ``(i) the Nation will dramatically reduce its school dropout rate, and 75 percent of the students who do drop out will successfully complete a high school degree or its equivalent; and ``(ii) the gap in high school graduation rates between American students from minority backgrounds and their non-minority counterparts will be eliminated. ``(3) Student achievement and citizenship.--(A) All students will leave grades 4, 8, and 12 having demonstrated competency over challenging subject matter including English, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography, and every school in America will ensure that all students learn to use their minds well, so they may be prepared for responsible citizenship, further learning, and productive employment in our Nation's modern economy. ``(B) The objectives for this goal are that-- ``(i) the academic performance of all students at the elementary and secondary level will increase significantly in every quartile, and the distribution of minority students in each quartile will more closely reflect the student population as a whole; ``(ii) the percentage of all students who demonstrate the ability to reason, solve problems, apply knowledge, and write and communicate effectively will increase substantially; ``(iii) all students will be involved in activities that promote and demonstrate good citizenship, good health, community service, and personal responsibility; ``(iv) all students will have access to physical education and health education to ensure they are healthy and fit; ``(v) the percentage of all students who are competent in more than one language will substantially increase; and ``(vi) all students will be knowledgeable about the diverse cultural heritage of this Nation and about the world community. ``(4) Teacher education and professional development.--(A) The Nation's teaching force will have access to programs for the continued improvement of its professional skills and the opportunity to acquire the knowledge and skills needed to instruct and prepare all American students for the next century. ``(B) The objectives for this goal are that-- ``(i) all teachers will have access to preservice teacher education and continuing professional development activities that will provide such teachers with the knowledge and skills needed to teach to an increasingly diverse student population with a variety of educational, social, and health needs; ``(ii) all teachers will have continuing opportunities to acquire additional knowledge and skills needed to teach challenging subject matter and to use emerging new methods, forms of assessment, and technologies; ``(iii) States and school districts will create integrated strategies to attract, recruit, prepare, retrain, and support the continued professional development of teachers, administrators, and other educators, so that there is a highly talented work force of professional educators to teach challenging subject matter; and ``(iv) partnerships will be established, whenever possible, among local educational agencies, institutions of higher education, parents, and local labor, business, and professional associations to provide and support programs for the professional development of educators. ``(5) Mathematics and science.--(A) United States students will be first in the world in mathematics and science achievement. ``(B) The objectives for this goal are that-- ``(i) mathematics and science education, including the metric system of measurement, will be strengthened throughout the education system, especially in the early grades; ``(ii) the number of teachers with a substantive background in mathematics and science, including the metric system of measurement, will increase; and ``(iii) the number of United States undergraduate and graduate students, especially women and minorities, who complete degrees in mathematics, science, and engineering will increase significantly. ``(6) Adult literacy and lifelong learning.--(A) Every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship. ``(B) The objectives for this goal are that-- ``(i) every major American business will be involved in strengthening the connection between education and work; ``(ii) all workers will have the opportunity to acquire the knowledge and skills, from basic to highly technical, needed to adapt to emerging new technologies, work methods, and markets through public and private educational, vocational, technical, workplace, or other programs; ``(iii) the number of high-quality programs, including those at libraries, that are designed to serve more effectively the needs of the growing number of part-time and midcareer students will increase substantially; ``(iv) the proportion of qualified students, especially minorities, who enter college, who complete at least two years, and who complete their degree programs will increase substantially; ``(v) the proportion of college graduates who demonstrate an advanced ability to think critically, communicate effectively, and solve problems will increase substantially; and ``(vi) schools, in implementing comprehensive parent involvement programs, will offer more adult literacy, parent training and life-long learning opportunities to improve the ties between home and school, and enhance parents' work and home lives. ``(7) Safe, disciplined, and alcohol- and drug-free schools.--(A) Every school in the United States will be free of drugs, violence, and the unauthorized presence of firearms and alcohol, and will offer a disciplined environment conducive to learning. ``(B) The objectives for this goal are that-- ``(i) every school will implement a firm and fair policy on use, possession, and distribution of drugs and alcohol; ``(ii) parents, businesses, and governmental and community organizations will work together to ensure the rights of students to study in a safe and secure environment that is free of drugs and crime, and that schools provide a healthy environment and a safe haven for all children; ``(iii) every local educational agency will develop and implement a policy to ensure that all schools are free of violence and the unauthorized presence of weapons; ``(iv) every local educational agency will develop a sequential, comprehensive kindergarten through twelfth grade drug and alcohol prevention education program; ``(v) drug and alcohol curriculum will be taught as an integral part of sequential, comprehensive health education; ``(vi) community-based teams will be organized to provide students and teachers with needed support; and ``(vii) every school will work to eliminate sexual harassment. ``(8) Parental participation.--(A) Every school will promote partnerships that will increase parental involvement and participation in promoting the social, emotional, and academic growth of children. ``(B) The objectives for this Goal are that-- ``(i) every State will develop policies to assist local schools and local educational agencies to establish programs for increasing partnerships that respond to the varying needs of parents and the home, including parents of children who are disadvantaged, limited English proficient, or have disabilities; ``(ii) every school will actively engage parents and families in a partnership that supports the academic work of children at home and shared educational decisionmaking at school; and ``(iii) parents and families will help to ensure that schools are adequately supported and will hold schools and teachers to high standards of accountability.''. transition Sec. 4. (a) Actions of the Secretary.--The Secretary shall take such steps as the Secretary determines to be appropriate to provide for the orderly transition of programs and activities under the ESEA, as amended by the Educational Excellence for All Children Act of 1999, from programs and activities under the ESEA, as it was in effect the date before the date of enactment of this Act. (b) Actions of Funding Recipients.--A recipient of funds under the ESEA, as it was in effect the date before the date of enactment of this Act, may use such funds to carry out necessary and reasonable planning and transition activities in order to ensure a smooth implementation of programs and activities under the ESEA, as amended by this Act. effective dates Sec. 5. The provisions of this Act shall take effect on July 1, 2000, except that-- (1) those amendments that pertain to programs under the ESEA that are conducted by the Secretary on a competitive basis, and the amendments made by title VIII of this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2001 and subsequent fiscal years; and (2) section 4 of this Act shall take effect upon enactment. TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS declaration of policy and statement of purpose Sec. 101. (a) Statement of Policy.--Section 1001(a) of the ESEA is amended-- (1) by striking out ``(a) Statement of Policy.--(1) In general.'' and inserting in lieu thereof ``(a) Statement of Policy.''; and (2) by striking out paragraph (2). (b) Recognition of need.--Section 1001(b) of the ESEA is amended-- (1) in paragraph (4), by striking out ``and'' at the end thereof; (2) in paragraph (5)-- (A) by striking out ``National Education Goal described in section 102(3) of the Goals 2000: Educate America Act'' and inserting in lieu thereof ``of America's Education Goals set out in section 3 of this Act''; and (B) by striking out the period at the end thereof and inserting in lieu thereof a semicolon and ``and''; and (3) by adding at the end thereof a new paragraph (6) to read as follows: ``(6) holding local educational agencies and schools accountable for results, including processes for identifying and turning around low-performing schools, provides a focus for educators and promotes better outcomes for students.''. (c) What Has Been Learned.--Section 1001(c) of the ESEA is amended-- (1) in the subsection heading, by striking out ``Since 1988'' and inserting in lieu thereof ``In Recent Years''; (2) in the matter before paragraph (1), by striking out ``learned''; (3) in paragraph (7), by adding the following sentence at the end thereof: ``Family literacy programs can help parents make this contribution.''; (4) in paragraph (8)-- (A) in the first sentence, by striking out ``Decentralized'' and inserting in lieu thereof ``Data- driven''; and (B) in the second sentence, by inserting ``information,'' before ``resources''; (5) by striking out paragraphs (2), (3), (6), and (10); (6) by redesignating paragraphs (4), (5), (7), (8), (9), (11), and (12) as paragraphs (8) through (14), respectively; and (7) by inserting new paragraphs (2) through (7) to read as follows: ``(2) Schools that enroll high concentrations of children living in poverty face the greatest challenges, but recent research demonstrates that, by implementing effective, research-based educational strategies, they can succeed in educating children to high standards. ``(3) New survey data demonstrate that the development and implementation of standards and assessments under this title are driving educational reform in high-poverty schools and local educational agencies, and in elementary and secondary education generally. ``(4) Standards-based reform, as encouraged, accelerated, and supported by both the Improving America's Schools Act of 1994 and the Goals 2000: Educate America Act, has resulted in overall improved student achievement and indications are that it is helping to close the achievement gap between minority and non-minority students. A recent study of North Carolina and Texas, the States that registered the largest achievement gains on the National Assessment of Educational Progress, found that the most plausible cause for those gains was an aligned system of standards, curriculum, and assessments tied to accountability for improvement by all students. ``(5) Other recent research also confirms the validity of amendments to this title made by the Improving America's Schools Act of 1994. For example, the National Research Council (NRC) report, Preventing Reading Difficulties in Young Children, stresses the importance of language development and literacy in the preschool years, upgrading the curriculum and instruction provided to all children in a school, intensive professional development to prepare teachers and other instructional staff to teach to high standards, and providing extended learning opportunities outside the regular school day. ``(6) The NRC report also recommended the early identification of reading difficulties in children in the first grade, to ensure that interventions can be offered early to those who need them most, through the use of multiple approaches, including developmentally appropriate assessments, the careful observation of children's reading by skilled observers, and the targeting of interventions to groups in schools with large numbers of at-risk children. ``(7) The educational progress of children participating in programs under this title depends on their being taught by credentialed and highly qualified staff, particularly in schools with the highest concentrations of poverty, where paraprofessionals, uncertified teachers, and teachers teaching out of field frequently provide instructional services.''. (d) Statement of Purpose.--Section 1001(d) of the ESEA is amended-- (1) in paragraph (3), by striking out ``promoting schoolwide reform and''; (2) in paragraph (6), by inserting a comma and ``such as family literacy programs,'' after ``opportunities''; (3) in paragraph (9), by striking out ``schools and'' and inserting in lieu thereof ``local educational agencies, schools, and''; (4) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (5) by inserting after paragraph (1) a new paragraph (2) to read as follows: ``(2) promoting comprehensive schoolwide reforms that are based on reliable research and effective practices;''. authorization of appropriations Sec. 102. Section 1002 of the ESEA is amended to read as follows: ``authorization of appropriations ``Sec. 1002. (a) Local Educational Agency Grants.--For the purpose of carrying out part A, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``(b) Even Start.--For the purpose of carrying out part B, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``(c) Education of Migratory Children.--For the purpose of carrying out part C, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``(d) State Agency Programs for Children and Youth Who Are Neglected or Delinquent.--For the purpose of carrying out part D, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``(e) Reading Excellence.--For the purpose of carrying out part E, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years, of which the Secretary shall reserve $5 million for each fiscal year to carry out section 1508. ``(f) Federal Activities.--For the purpose of carrying out section 1602, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''. reservations for accountability and evaluation Sec. 103. Section 1003 of the ESEA is amended to read as follows: ``reservations for accountability and evaluation ``Sec. 1003. (a) State Reservations.--(1) Each State educational agency shall reserve 2.5 percent of the amount it receives under part A of this title for fiscal years 2001 and 2002, and 3.5 percent of that amount for fiscal years 2003 through 2005, to carry out paragraph (2) and to carry out its responsibilities under sections 1116 and 1117, including its statewide system of technical assistance and support for local educational agencies. ``(2) Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency shall either-- ``(A) allocate at least 70 percent directly to local educational agencies, by-- ``(i) giving first priority to those agencies with schools identified for corrective action under section 1116(c)(5), which those agencies shall use effectively to carry out corrective action, as described in that section, in those schools; and ``(ii) giving second priority to those agencies with other schools identified for school improvement under section 1116(c)(1), which those agencies shall use to bring about substantial improvement in the performance of those schools; or ``(B) use at least 70 percent to carry out an alternative system of intervention and corrective action approved by the Secretary under section 1111(b)(3)(B)(ii). ``(b) National Activities.--From the total amount appropriated for any fiscal year to carry out this title, the Secretary may reserve not more than 0.30 percent to conduct evaluations and studies, collect data, and carry out other activities under section 1601.''. Part A--Basic Grants state plans Sec. 111. Section 1111 of the ESEA is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting a comma and ``in order to help all children achieve to high State standards and to improve teaching and learning in the State,'' after ``shall''; and (ii) by striking out ``the Goals 2000'' and all that follows through ``section 14306'' and inserting in lieu thereof ``the Individuals with Disabilities Education Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, and other Acts, as appropriate''; and (B) by amending paragraph (2) to read as follows: ``(2) Consolidated plan.--A State may submit its plan under paragraph (1) as part of a consolidated plan under section 11502.''; (2) in subsection (b)-- (A) by amending the subsection heading to read as follows: ``Standards, Assessments, and Accountability.''; (B) in paragraph (1)-- (i) by amending subparagraph (B) to read as follows: ``(B) The standards required by subparagraph (A) shall be the same standards that the State applies to all schools and children in the State.''; and (ii) by amending subparagraph (C) to read as follows: ``(C) If a State has not adopted State content and student performance standards for all students, the State shall have such standards for elementary and secondary school children served under this part in subjects determined by the State, but including at least mathematics and reading or language arts, which shall include the same knowledge, skills, and levels of performance expected of all children.''; (C) by striking out paragraph (2) and redesignating paragraph (3) as paragraph (2); (D) in paragraph (2), as so redesignated-- (i) by inserting a comma and ``starting no later than the 2000-2001 school year,'' after ``that will be used''; (ii) in subparagraph (F)-- (I) in clause (ii), by striking out ``and'' at the end thereof; (II) in clause (iii), by striking out ``can do'' and all that follows through the end thereof and inserting in lieu thereof ``can do in content areas;''; and (III) by adding at the end thereof new clauses (iv) and (v) to read as follows: ``(iv) the assessment (using tests written in Spanish) of Spanish-speaking students with limited English proficiency, if Spanish- language assessments are more likely than English-language tests to yield accurate and reliable information on what those students know and can do in content areas other than English; and ``(v) notwithstanding clauses (iii) and (iv), the assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for three or more consecutive years;'' and (iii) in subparagraph (G)-- (I) by striking out ``have attended schools in a local educational agency for a full academic year but''; and (II) by striking out ``year, however the'' and inserting in lieu thereof ``year; however, the''; (E) by inserting after paragraph (2) a new paragraph (3) to read as follows: ``(3) Accountability.--(A) Each State receiving assistance under this part shall develop and implement (and describe in its State plan) a statewide system for holding local educational agencies and schools accountable for student performance that meets the following criteria: ``(i) It is based on the State content and student performance standards described in paragraph (1) and on the assessments described in paragraph (2), and includes multiple indicators, such as attendance and dropout rates. ``(ii) It includes all students in the grades assessed under paragraph (2), in accordance with that paragraph. ``(iii) It holds local educational agencies and schools accountable for student achievement in at least reading and mathematics. ``(B) The accountability system described in subparagraph (A), and described in the State plan, shall also include a procedure for identifying local educational agencies and schools in need of improvement, intervening in those agencies and schools, and (when those interventions are not effective) implementing corrective actions no later than three years after first identifying such an agency or school, that either-- ``(i) complies with sections 1116 and 1117 and includes rigorous criteria for identifying those agencies and schools that are based on their failure to make continuous and substantial gains, which the Secretary may define in regulations, in overall student performance and in the performance of the lowest performing students; or ``(ii) includes an alternative procedure for identifying and intervening in those agencies and schools, which gives highest priority to corrective actions in the lowest performing agencies and schools that fail to show gains over an extended period, if the Secretary determines that-- ``(I) the alternative procedure is at least as effective as the procedures described in clause (i) and in sections 1116 and 1117, and that the State has shown substantial overall achievement gains and a reduction in the achievement gap between high-performing and low-performing students in the State; or ``(II) the alternative procedure will be at least as effective as the procedures described in clause (i) and in sections 1116 and 1117. ``(C) Each State plan shall also describe how the State will recognize and reward local educational agencies and schools under this part, including, at a minimum, the designation of Distinguished Schools under section 1116(b). ``(D) If a State does not have a statewide system for holding local educational agencies accountable that meets the requirements of subparagraphs (A) through (C), it shall implement a system that meets those requirements for local educational agencies and schools participating under this part.''; (F) in paragraph (4), by striking out ``paragraph (3)(C)'' and inserting in lieu thereof ``paragraph (2)(C)''; (G) by striking out paragraphs (5) through (7) and inserting in lieu thereof a new paragraph (5) to read as follows: ``(5) Revisions.--A State may revise its final assessments described in this subsection at any time, but no such revision shall affect the timelines established under this subsection for identifying, assisting, and taking corrective action with respect to, schools and local educational agencies in need of improvement.''; (H) by redesignating paragraph (8) as paragraph (6); and (I) in paragraph (6), as so redesignated-- (i) in subparagraph (A)-- (I) by striking out ``sections 1112(c)(1)(D), 1114(b), and 1115(c)'' and inserting in lieu thereof ``sections 1114 (b) and (c) and 1115''; and (II) by inserting a comma and ``and in implementing section 1120A(c)'' before the semicolon at the end thereof; and (ii) in subparagraph (B), by inserting ``as'' after ``factors''; (3) by amending subsection (c) to read as follows: ``(c) Assurances.--Each State plan shall contain assurances that the State educational agency-- ``(1) has involved the committee of practitioners (established under section 1701(b)) in developing the plan; ``(2) will suballocate at least 97 percent of the allocation it receives under this part for any fiscal year to local educational agencies (except as provided by sections 1003 and 1701(c)) so that those funds can be used to improve teaching and learning in local schools; and ``(3) will work to reduce State fiscal and accounting barriers so that local educational agencies can combine funds under this part with funds from other Federal, State, and local sources to achieve schoolwide reform in schoolwide programs under section 1114.''; (4) in subsection (d)-- (A) by striking out paragraph (2); (B) in paragraph (1)-- (i) by striking out the paragraph designation ``(1)'' and the paragraph heading ``In general.''; and (ii) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6); (C) in paragraph (2), as so redesignated, by inserting a comma and ``and who include experts on educational standards, assessments, accountability, and the diverse educational needs of students'' after ``parents''; and (D) in paragraph (5), as redesignated by subparagraph (B)(ii), by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; (5) in subsection (e)(1)-- (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C); and (B) by inserting before subparagraph (B) a new subparagraph (A) to read as follows: ``(A) be submitted for the first year for which this part is in effect following the enactment of the Educational Excellence for All Children Act of 1999;''; and (6) by amending subsection (g) to read as follows: (g) Enforcement.--If the Secretary determines that a State is not carrying out the requirements of subsection (b)(3), relating to accountability, the Secretary may take any of the actions described in section 11209, in addition to any other action authorized by law.''. local educational agency plans Sec. 112. Section 1112 of the ESEA is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking out ``Goals 2000'' and all that follows through ``section 14306'' and inserting in lieu thereof ``Individuals with Disabilities Education Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, and other Acts, as appropriate''; and (B) in paragraph (2), by striking out ``section 14306'' and inserting in lieu thereof ``section 11504''; (2) in subsection (b)-- (A) in the matter before paragraph (1), by striking out ``Each'' and inserting in lieu thereof ``In order to help all children achieve to high standards, each''; (B) in paragraph (1)-- (i) in subparagraph (B), by striking out ``and'' at the end thereof; (ii) in subparagraph (C), by adding ``and'' at the end thereof; and (iii) by adding at the end thereof a new subparagraph (D) to read as follows: ``(D) determine the literacy levels of first graders and their need for interventions, and a description of how it will ensure that any such assessments-- ``(i) are developmentally appropriate; ``(ii) use multiple measures to provide information about the variety of skills that research has identified as leading to early reading; and ``(iii) are administered to students in the language most likely to yield valid results;''; (C) in paragraph (3), by inserting a comma and ``which shall also be a component of its plan for professional development under title II of this Act, if it receives funds under that title'' after ``section 1119''; (D) in paragraph (4)(B)-- (i) by striking out ``or who were formerly'' and all that follows through ``1994''; (ii) by striking out ``and youth at risk of dropping out''; and (iii) by inserting ``Indian children served under title IX,'' after ``under part D,''; (E) in paragraph (7), by striking out ``eligible''; (F) by amending paragraph (9) to read as follows: ``(9) where appropriate, a description of how the local educational agency will use funds under this part to support preschool programs in accordance with section 1120B;''; and (G) by adding at the end thereof new paragraphs (10) and (11) to read as follows: ``(10) a description of the actions the agency will take to assist its low-performing schools (including schools identified under section 1116 as in need of improvement), if there are any such schools, in making the changes needed to educate all children to the State standards; and ``(11) a description of how the agency will promote the use of extended learning time, such as an extended school year, before- and after-school programs, and summer programs.''; (3) in subsection (c)-- (A) by striking out paragraphs (2) and (3); and (B) in paragraph (1)-- (i) by striking out the paragraph designation ``(1)'' and the paragraph heading ``In general.''; (ii) by striking out subparagraphs (D) and (H); (iii) by redesignating subparagraphs (A) through (C) and (E) through (G) as paragraphs (1) through (6), respectively; (iv) in paragraph (3), as so redesignated, by striking out ``adequate yearly progress'' and inserting in lieu thereof ``the continuous and substantial gains called for under section 1111(b)(3)''; (v) in paragraph (6), as redesignated by clause (iii), by striking out ``and'' at the end thereof; and (vi) by adding at the end thereof new paragraphs (7) and (8) to read as follows: ``(7) annually assess the English proficiency of all children with limited English proficiency participating in programs under this part, use the results of those assessments to help guide and modify instruction in the content areas, and provide those results to the parents of those children; and ``(8) comply with the requirements of section 1119 regarding qualifications of teachers and paraprofessionals.''; (4) by amending subsection (d) to read as follows: ``(d) Plan Development and Duration.--(1) Each local educational agency plan shall be developed in consultation with teachers, administrators, and other appropriate school personnel, and with parents of children in schools served under this part. ``(2) Each such plan shall be submitted for the first year for which this part is in effect following enactment of the Educational Excellence for All Children Act of 1999 and shall remain in effect for the duration of the agency's participation under this part. ``(3) Each such local educational agency shall-- ``(A) periodically review and, as necessary, revise its plan, including revisions that respond to any peer review carried out under this part; and ``(B) submit any such revisions to the State educational agency for its approval.''; and (5) in subsection (e)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Each local educational agency plan shall be filed according to a schedule established by the State educational agency.''; (B) in paragraph (2), by inserting a comma and ``through a peer-review process,'' after ``determines''; and (C) by striking out paragraph (3). eligible school attendance areas Sec. 113. Section 1113 of the ESEA is amended-- (1) in subsection (a)(7), by striking out ``with'' and all that follows through ``if'' and inserting in lieu thereof ``under a desegregation plan ordered by a State or court or approved by the Secretary, or such a plan that the agency continues to implement after it has expired, if''; (2) in subsection (b)(1)-- (A) in subparagraph (B), by striking out ``and'' at the end thereof; (B) in subparagraph (C)(iii), by striking out the period at the end thereof and inserting in lieu thereof a semicolon and ``and''; and (C) by adding at the end thereof a new subparagraph (D) to read as follows: ``(D) designate and serve a school attendance area or school that is not eligible under subsection (a)(2), but that was eligible and that was served in the preceding fiscal year, but only for one additional fiscal year.''; and (3) in subsection (c)-- (A) in paragraph (2), by adding at the end thereof a new subparagraph (C) to read as follows: ``(C) A local educational agency may allocate a greater per-child amount of funds under this part to higher-poverty school attendance areas and schools than it provides to lower-poverty areas and schools.''; and (B) in paragraph (3)(A), by striking out ``where appropriate, eligible''. schoolwide programs Sec. 114. (a) Purpose and Eligibility.--Section 1114(a) of the ESEA is amended-- (1) by amending the subsection heading to read as follows: ``Purpose and Eligibility.''; (2) by amending paragraphs (1) and (2) to read as follows: ``(1) Purpose.--The purpose of a schoolwide program under this section is to-- ``(A) enable a local educational agency to use funds under this part, in combination with other Federal, State, and local funds, to upgrade the entire educational program in a high-poverty school; and ``(B) help ensure that all children in such a school meet challenging State standards for student performance, particularly those children who are most at risk of not meeting those standards. ``(2) Eligibility.--A local educational agency may use funds under this part for the purposes described in paragraph (1) for a school that, in the first year of the schoolwide program-- ``(A) serves an eligible school attendance area in which at least 50 percent of the children are from low- income families; or ``(B) has a student enrollment at least 50 percent of which is comprised of such children.''; (3) in paragraph (4)(A)-- (A) by striking out ``subsection (b)'' and inserting in lieu thereof ``subsections (b) and (c)''; and (B) by inserting a comma and ``except as provided in section 613(a)(2)(D) of that Act'' after ``Individuals with Disabilities Education Act''; and (4) by striking out paragraph (5). (b) Reorganization of Section.--Section 1114 of the ESEA is further amended-- (1) by striking out subsection (c); and (2) by redesignating paragraph (2) of subsection (b) as subsection (c). (c) Components.--Section 1114(b) of the ESEA, as amended by subsection (b)(2), is amended to read as follows: ``(b) Components of a Schoolwide Program.--A schoolwide program shall include the following components: ``(1) A comprehensive needs assessment of the entire school that is based on-- ``(A) information on the performance of all children in the school in relation to the State content standards and the State student performance standards described in section 1111(b)(1); and ``(B) other factors that affect teaching and learning in the school. ``(2) A coherent, research-based design to improve teaching and learning throughout the entire school that is based on the data from the needs assessment described in paragraph (1) and includes-- ``(A) schoolwide reform strategies that-- ``(i) provide opportunities for all children to meet the State's proficient and advanced levels of student performance described in section 1111(b)(1)(D); ``(ii) use effective research-based methods and instructional strategies that-- ``(I) strengthen the core academic program in the school; ``(II) increase the amount and quality of learning time, such as providing an extended school year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and ``(III) include strategies for meeting the educational needs of historically underserved populations, including children with limited English proficiency; ``(iii)(I) address the needs of all children in the school, but particularly the needs of children who are most at risk of not meeting the State student performance standards, including the needs of children who are members of the target population of any program that is included in the schoolwide program; and ``(II) address how the school will determine if those needs have been met; and ``(iv) are integrated with, and are designed to implement, State and local improvement plans or policies for comprehensive standards-based reform; ``(B) instruction by highly qualified professional staff employed in accordance with section 1119; ``(C) in accordance with section 1119, on-going, high-quality professional development for teachers and aides and, where appropriate, pupil services personnel, parents, principals, and other staff to enable all children in the school to meet the State student performance standards; ``(D) strategies to increase parental involvement, such as family literacy services; ``(E) plans for addressing transitions to and from the grade span served by the schoolwide program by, for example-- ``(i) assisting preschool children in the transition from early childhood programs to kindergarten; and ``(ii) preparing high-school students for the transition from school to further education or the workplace; and ``(F) activities to ensure that students who experience difficulty mastering any of the standards required by section 1111(b) during the course of the school year are provided with effective, timely additional assistance, which shall include-- ``(i) measures to ensure that students' difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance; ``(ii) for any student who has not met those standards, teacher-parent conferences, at which the teacher and parents shall discuss-- ``(I) what the school will do to help the student meet those standards; ``(II) what the parents can do to help the student improve his or her performance; and ``(III) additional assistance that may be available to the student at the school or elsewhere in the community; and ``(iii) specific interventions, such as providing before- and after-school and summer programs, and one-on-one tutoring during non- instructional time. ``(3) Regular review of the school's progress in implementing its program and in achieving its goals for student achievement.''. (d) Schoolwide Plans.--Subsection (c) of section 1114 of the ESEA, as redesignated by subsection (b)(2), is amended-- (1) by striking out subparagraph (B); (2) by redesignating subparagraphs (A) and (C) as paragraphs (1) and (2), respectively; (3) in paragraph (1), as so redesignated-- (A) by striking out ``date of enactment'' and all that follows through ``section 1117,'' and inserting in lieu thereof ``effective date of the Educational Excellence for All Children Act of 1999), in consultation with the local educational agency,''; (B) by redesignating clauses (i) through (vii) as subparagraphs (A) through (G); (C) in subparagraph (A), as redesignated by subparagraph (B), by striking out ``paragraph (1)'' and inserting in lieu thereof ``subsection (b)''; and (D) in subparagraph (D), as redesignated by subparagraph (B), by striking out ``section 1111(b)(3)'' and inserting in lieu thereof ``section 1111(b)(2)''; (4) in paragraph (2), as redesignated by paragraph (2)-- (A) by redesignating clauses (i) through (v) as subparagraphs (A) through (E); (B) in subparagraph (A), as so redesignated-- (i) by redesignating subclauses (I) and (II) as clauses (i) and (ii); (ii) in clause (i), as so redesignated, by striking out ``agency'' and all that follows through ``1117,'' and inserting in lieu thereof ``agency''; and (iii) in clause (ii), as redesignated by clause (i), by striking out ``the date of enactment of the Improving America's Schools Act of 1994'' and inserting in lieu thereof ``the effective date of the Educational Excellence for All Children Act of 1999''; and (C) in subparagraph (B), as redesignated by subparagraph (A), by striking out ``other staff'' and all that follows through ``personnel'' and inserting in lieu thereof ``appropriate school staff''; and (5) by adding at the end thereof a new paragraph (3) to read as follows: ``(3) No school shall implement a new or revised plan under this section until the local educational agency subjects it to a peer-review process, which may include reviewers from outside the agency, and approves it.''. targeted assistance schools Sec. 115. Section 1115 of the ESEA is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A)-- (i) by striking out ``part'' and inserting in lieu thereof ``section''; and (ii) in clause (ii), by striking out ``public education'' and all that follows through ``setting'' and inserting in lieu thereof ``public education''; and (B) in paragraph (2)-- (i) by amending subparagraph (A)(i) to read as follows: ``(i) Children with disabilities, migrant children, and children with limited English proficiency are eligible for services under this part on the same basis as other children.''; (ii) in subparagraph (B), by inserting ``or in pre-school services under this title'' after ``program''; (iii) in subparagraph (C)-- (I) in clause (i), by striking out ``the program'' and all that follows through ``may be'' and inserting in lieu thereof ``part D is''; and (II) in clause (ii), by striking out ``may be eligible'' and inserting in lieu thereof ``is eligible''; and (iv) in subparagraph (D), by striking out ``may be eligible'' and inserting in lieu thereof ``is eligible''; (2) in subsection (c)(1)-- (A) in subparagraph (B), by adding a comma and ``such as research-based approaches for modifying instruction for children with limited English proficiency'' after ``children''; (B) in subparagraph (D)(ii), by striking out ``curriculum, including applied learning'' and inserting in lieu thereof ``curriculum''; (C) by amending subparagraph (E) to read as follows: ``(E) coordinate with and support the regular education program, which may include services to assist preschool children in the transition from early childhood programs to elementary school programs and, for programs serving high schools, preparing students for the transition from school to further education or the workplace;''; (D) in subparagraph (F), by inserting ``employed in accordance with section 1119'' after ``staff''; (E) in subparagraph (G), by striking out ``subsection (e)(3) and''; and (F) in subparagraph (H), by striking out ``literary'' and inserting in lieu thereof ``literacy''; and (3) in subsection (e), by striking out paragraph (3). school choice Sec. 115A. Section 1115A(b)(4) of the ESEA is amended by striking out ``section 1111(b)(3)'' and inserting in lieu thereof ``section 1111(b)(2)''. assessment and local educational agency and school improvement Sec. 116. Subsections (a) through (d) of section 1116 of the ESEA are amended to read as follows: ``(a) Local Review.--Each local educational agency receiving funds under this part shall-- ``(1) use the State assessments and other indicators described in the State plan, as well as any additional measures or indicators described in the local educational agency's plan, to review annually the progress of each school served under this part to determine if it is making continuous and substantial gains as described in section 1111(b)(3) toward enabling its students to meet the State student performance standards described in the State plan; and ``(2) provide the results of the local annual review to schools so that they can continually refine the program of instruction to help all children served under this part in those schools meet those standards. ``(b) Designation of Distinguished Schools.--Each State educational agency shall designate as `Distinguished Schools' those schools served under this part that meet criteria established by the State, such as-- ``(1) making the continuous and substantial gains in student performance described in section 1111(b)(3) for three consecutive years; ``(2) having nearly all students meet the State `proficient' or `advanced' levels of student performance; or ``(3) achieving, or significantly improving, equity in participation and achievement of students by sex and race. ``(c) School Improvement.-- ``(1) In general.-- ``(A) Purpose.--In order to improve staff, curriculum, and the services offered to children, so that they can meet challenging State standards, each local educational agency shall identify for school improvement any school served under this part that-- ``(i) for two consecutive years, failed to meet the State's criteria under section 1111(b)(3) either for overall improvement or for improvement of the lowest performing students, unless the Secretary has approved an alternative procedure proposed by the State in its plan under section 1111(b)(3)(B)(ii); or ``(ii) immediately preceding the effective date of the amendments to this section made by the Educational Excellence for All Children Act of 1999, was in school-improvement status under this section, as then in effect. ``(B) Transition.--The two-year period described in subparagraph (A) shall include any continuous period of time, immediately preceding the effective date of the amendments made to this section by the Educational Excellence for All Children Act of 1999, during which a school did not make adequate progress as defined in the State's plan under section 1111(b)(2)(B) or (7)(B), as then in effect. ``(C) Targeted assistance schools.--In determining whether a school that is conducting a targeted assistance program under section 1115 should be identified as in need of improvement under this paragraph, a local educational agency may choose to review the progress of only those students in that school who are served under this part. ``(2) Opportunity to review and present evidence.--(A) Before identifying a school for school improvement under paragraph (1), the local educational agency shall provide the school with an opportunity to review the school-level data, including assessment data, on which that proposed identification is based. ``(B) If the school believes that the proposed identification is in error for statistical or other substantive reasons, it may provide supporting evidence to the local educational agency, which such agency shall consider before making a final determination. ``(3) School plan.--(A) Each school identified under paragraph (1) shall, within three months of being so identified, develop or revise a school plan, in consultation with parents, school staff, the local educational agency, and a State school support team or other outside experts, that includes research-based strategies and specific goals and objectives for making continuous and substantial progress and that-- ``(i) has the greatest likelihood of improving the performance of participating children in meeting the State's student performance standards; ``(ii) addresses the fundamental teaching and learning needs in that school, and the specific academic problems of low-performing students; ``(iii) identifies and addresses the need to improve the skills of its staff through effective professional development; ``(iv) identifies student performance targets and goals for the next three years; and ``(v) specifies the responsibilities of the local educational agency and the school under the plan. ``(B) The local educational agency shall promptly subject the plan to a peer-review process, work with the school to revise the plan as necessary, and approve the plan. ``(C) The school shall implement its plan (or revised plan) as soon as it is approved. ``(4) Technical assistance.--For each school identified under paragraph (1), the local educational agency shall provide technical or other assistance as the school develops and implements its plan. ``(5) Corrective action.--In order to help students served under this part meet challenging State standards, each local educational agency shall implement a system of corrective action in accordance with the following, unless the Secretary has approved an alternative procedure proposed by the State in its plan under section 1111(b)(3)(B)(ii): ``(A) After providing technical assistance under paragraph (4) and taking other remedial measures, the local educational agency-- ``(i) may take corrective action at any time with respect to a school that has been identified under paragraph (1); ``(ii) shall take corrective action with respect to any school that still fails to make continuous and substantial gains, as defined by the State, immediately after the third year following its identification under paragraph (1), except that the local educational agency may refrain from taking such action for not more than one additional year if it assesses the school's performance and determines that-- ``(I) the school is meeting the targets and goals of the school improvement plan described in paragraph (3)(A)(iv), as shown by an improvement in student achievement through a one- year gain in scores on the State assessment; and ``(II) the school will meet the State's criteria for continuous and substantial gains within one year; and ``(iii) shall continue to provide technical assistance while instituting any corrective action under clause (i) or (ii). ``(B) As used in this paragraph, the term `corrective action' means action, consistent with State and local law, that-- ``(i) substantially and directly responds to the consistent academic failure that caused that agency to take that action and to any underlying staffing, curricular, or other problems in the school; and ``(ii) is designed to substantially increase the likelihood that students in that school will meet challenging State standards. ``(C) In any case described in subparagraph (A)(ii), the local educational agency shall take at least one of the following corrective actions: ``(i) Instituting and fully implementing a new curriculum, including appropriate professional development for all relevant staff, that is research-based and offers substantial promise of improving educational achievement for low-performing students. ``(ii) Redesigning the school by reconstituting all or part of the school staff in a manner consistent with section 1119(a); restructuring the school, such as by creating schools within schools or other smaller learning environments; or re-opening the school under alternative governance arrangements, such as a public charter school. ``(iii) Closing the school. ``(iv) In conjunction with any other action described in clauses (i) through (iii), allowing students in the school who are served under this part to choose to attend other public schools and providing them transportation (or the costs of transportation) to those schools. ``(D) The local educational agency shall make public and disseminate any corrective action it takes under this paragraph. ``(E) Opportunity to review and present evidence.-- (i) Before determining that it will take corrective action with respect to any school under this paragraph, the local educational agency shall provide the school an opportunity to review the school-level data, including assessment data, on which the proposed determination is made. ``(ii) If the school believes that the proposed determination is in error for statistical or other substantive reasons, it may provide supporting evidence to the local educational agency, which shall consider it before making a final determination. ``(6) State educational agency responsibilities.--If a State educational agency determines that a local educational agency failed to carry out its responsibilities under paragraphs (4) and (5), it shall take such action as it finds necessary to improve the affected schools and to ensure that the local educational agency carries out those responsibilities. ``(7) Special rule.--A local educational agency may remove from school-improvement status under this subsection any school that meets the State's criteria under section 1111(b)(3), including showing substantial gains by the lowest-performing students, for at least two of the three years following its identification under paragraph (1). ``(d) State Review and LEA Improvement.-- ``(1) Purpose.--In order to ensure that children served under this part meet challenging State standards, each State educational agency shall annually review the progress of each participating local educational agency, in accordance with section 1111(b)(3), to determine whether it is meeting the State's criteria for accountability, including showing continuous and substantial gains in the achievement of the lowest-performing students. ``(2) Distinguished school districts.--Each State may designate as `Distinguished School Districts' those local educational agencies that, over a three-year period, meet or exceed such criteria as the State may establish for performance and improvement under this part. ``(3) Identification.--(A) A State educational agency shall identify for improvement any local educational agency that, for two consecutive years, does not meet the State's criteria for accountability under section 1111(b)(3), including showing continuous and substantial gains in achievement for the lowest- performing students, unless the Secretary has approved an alternative procedure in the State's plan under section 1111(b)(3)(B)(ii). ``(B)(i) Before identifying a local educational agency for improvement under subparagraph (A), the State educational agency shall provide the local educational agency with an opportunity to review the school-level data, including assessment data, on which that proposed identification is based. ``(ii) If the local educational agency believes that such proposed identification is in error due to statistical or other substantive reasons, the local educational agency may provide supporting evidence, which the State educational agency shall consider before making a final determination. ``(4) Local educational agency revisions.--(A) Each local educational agency identified under paragraph (3) shall, within three months of being so identified, revise its plan under section 1112, in consultation with schools, parents, and outside educational experts, to-- ``(i) address the fundamental teaching and learning needs in the schools of that agency, and the specific academic problems of low-performing students; ``(ii) have the greatest likelihood of improving the performance of participating children in meeting the State's student performance standards; and ``(iii) identify annual student performance targets and goals for the next three years. ``(B) Such revision shall include determining why the local educational agency's plan failed to bring about increased achievement. ``(C) The local educational agency shall submit its revised plan to the State educational agency for peer review and approval. ``(5) State educational agency responsibility.--For each local educational agency identified under paragraph (3), the State educational agency shall provide technical or other assistance, if requested, as authorized under section 1117, to better enable the local educational agency to-- ``(A) develop and implement its revised plan; and ``(B) work with schools needing improvement. ``(6) Corrective action.--In order to ensure that children served under this part meet challenging State standards, each State educational agency shall implement a system of corrective action in accordance with the following, unless the Secretary has approved an alternative procedure in the State's plan under section 1111(b)(3)(B)(ii): ``(A) After providing technical assistance under paragraph (5) and taking other remedial measures, the State educational agency-- ``(i) may take corrective action at any time with respect to a local educational agency that has been identified under paragraph (3); ``(ii) shall take such action with respect to any local educational agency that still fails to make continuous and substantial gains, as defined by the State, immediately after the third year following its identification under paragraph (3), except that the State educational agency may refrain from taking such action for not more than one additional year if it assesses the local educational agency's performance and determines that-- ``(I) the local educational agency is meeting the targets and goals in its revised plan, as described in paragraph (4)(A)(iii), as shown by an improvement in student achievement through a one- year gain in scores on the State assessment; and ``(II) the local educational agency will meet the State's criteria for continuous and substantial gains within one year; and ``(iii) shall continue to provide technical assistance while instituting any corrective action under clause (i) or (ii). ``(B) As used in this paragraph, the term `corrective action' means action, consistent with State law, that-- ``(i) substantially and directly responds to the persistent academic failure that caused that agency to take that action and to any underlying staffing, curricular, or other problems in the local educational agency; and ``(ii) is designed to substantially increase the likelihood that students in the local educational agency's schools will meet challenging State standards. ``(C) In any case described in subparagraph (A)(ii), the State educational agency shall take at least one of the following corrective actions: ``(i) Withholding of funds. ``(ii) Appointing a receiver or trustee to administer the affairs of the local educational agency in place of the superintendent and school board. ``(iii) Abolishing or restructuring the local educational agency. ``(iv) In conjunction with any other action described in this subparagraph, allowing students in schools served under this part to choose to attend public schools in other local educational agencies and providing them transportation (or the costs of transportation) to those schools. ``(D) Before implementing any corrective action under subparagraph (A), the State educational agency shall provide due process and a hearing to the affected local educational agency, if State law provides for such process and hearing. ``(E) The State educational agency shall make public and disseminate any corrective action it takes under this paragraph. ``(7) Special rule.--A State educational agency may remove from improvement status under this subsection any local educational agency that, for at least two of the three years following identification under paragraph (3), makes substantial gains toward meeting the State's standards.''. state assistance for school support and improvement Sec. 117. Section 1117 of the ESEA is amended to read as follows: ``state assistance for school district and school support and improvement ``Sec. 1117. (a) System for Support.--Each State educational agency shall establish a statewide system of intensive and sustained support and improvement for local educational agencies and schools receiving funds under this part, in order to increase the opportunity for all students in those agencies and schools to meet the State's content standards and student performance standards. ``(b) Priorities.--In carrying out this section, the State educational agency shall-- ``(1) first provide support and assistance to local educational agencies subject to corrective action under section 1116 and to help schools, in accordance with section 1116(c)(6), for which a local educational agency has failed to carry out its responsibilities under section 1116(c)(4) and (5); ``(2) next, provide support and assistance to other local educational agencies identified as in need of improvement under section 1116; and ``(3) then provide support and assistance to other local educational agencies and schools participating under this part that need that support and assistance in order to achieve the purpose of this part. ``(c) Approaches.--In order to achieve the purpose described in subsection (a), each such system shall provide technical assistance and support through such approaches as-- ``(1) school support teams, composed of individuals who are knowledgeable about research and practice on teaching and learning, particularly about strategies for improving educational results for low-achieving students; ``(2) the designation and use of `Distinguished Educators', chosen from schools served under this part that have been especially successful in enabling children to meet (or make outstanding progress toward meeting) State standards; and ``(3) a peer-review process designed to increase the capacity of local educational agencies and schools to develop high-quality school improvement plans. ``(d) Funds.--Each State educational agency-- ``(1) shall use funds reserved under section 1003(a)(1), but not used under section 1003(a)(2), to carry out this section; and ``(2) may use State administrative funds reserved under section 1701(c) for that purpose.''. parental involvement Sec. 118. Section 1118 of the ESEA is amended-- (1) in subsection (a)(3)(A), by striking out ``(other than funds allocated under section 1002(e))''; (2) in subsection (c)-- (A) in paragraph (3), by striking out ``section 1114(b)'' and inserting in lieu thereof ``section 1114(c)''; (B) in paragraph (4)(B)-- (i) by striking out ``school performance profiles required under section 1116(a)(3)'' and inserting in lieu thereof ``the school report cards required by section 11206''; and (ii) by striking out ``section 1111(b)(3)(H)'' and inserting in lieu thereof ``section 1111(b)(2)(H)''; and (C) in paragraph (5)-- (i) by striking out ``section 1114(b)(2)'' and inserting in lieu thereof ``section 1114(c)''; and (ii) by striking out ``participating children'' and inserting in lieu thereof ``children attending the school''; (3) in subsection (e)(1)-- (A) by striking out ``the National Education Goals'' and inserting in lieu thereof ``America's Education Goals''; and (B) by striking out ``section 1111(b)(8)'' and inserting in lieu thereof ``section 1111(b)(6)''; (4) in subsection (f), by striking out ``the parental involvement requirements of''; and (5) by striking out subsection (g). teacher qualifications and professional development Sec. 119. Section 1119 of the ESEA is amended-- (1) by amending the section heading to read as follows: ``high-quality instruction''; (2) by striking out subsections (f), (h), and (i) and redesignating subsections (b) through (e) and subsection (g) as subsections (d) through (h), respectively; (3) by amending subsection (a) to read as follows: ``(a) Purpose and General Requirements.--In order to enable all children to meet challenging State standards, each local educational agency receiving assistance under this part shall-- ``(1) hire qualified instructional staff, consistent with subsections (b) and (c); ``(2) provide high-quality professional development that will improve teaching and learning in core content areas, consistent with subsection (d); and ``(3) use at least five percent of its allocation under this part for fiscal years 2001 and 2002, and 10 percent of that allocation for subsequent fiscal years, for that professional development, except that if a local educational agency fails to make substantial progress against the indicators for professional development identified by the Secretary under section 2136 or the indicators for teacher quality established by the State under section 11205 or by the Secretary under section 11912, the State educational agency may withhold all or a portion of the funds described in this paragraph and shall use any funds so withheld to provide, or arrange for the provision of, the professional development described in paragraph (2).''; (4) by inserting new subsections (b) and (c) to read as follows: ``(b) Minimum Qualifications for Teachers.--Each local educational agency shall ensure that, by no later than the effective date of the amendments to this section made by the Educational Excellence for All Children Act of 1999, all new teachers in programs supported with funds under this part-- ``(1) are certified in the field in which they will teach; or ``(2) have a bachelors degree and are enrolled in a program through which they will obtain such certification within three years. ``(c) Paraprofessionals.--(1) Each local educational agency shall ensure that, not later than July 1, 2002, all paraprofessionals working in programs supported with funds under this part meet the educational requirements of paragraph (2) or (3) and perform only the duties described in those paragraphs. ``(2) A paraprofessional may perform any of the following duties only if he or she has completed at least two years of college and is under the direct supervision of a teacher: ``(A) One-on-one tutoring for eligible students. Any such tutoring must be at times that are in addition to the time a student would otherwise receive instruction from a teacher. ``(B) Assisting with classroom management, such as organizing instructional and other materials. ``(C) Providing assistance in a computer laboratory. ``(3) A paraprofessional who possesses a secondary school diploma or its equivalent, but who has not completed at least two years of college, may perform only non-instructional duties, such as improving parental involvement, providing support in a library or media center, or acting as a translator. ``(4) Each local educational agency shall ensure that each paraprofessional described in paragraph (1)-- ``(A) is appropriately trained and possesses the knowledge and skills sufficient to support teachers, parents, or school administrators, as the case may be, in meeting the goals of this part; ``(B) participates in professional development and other training opportunities directly relevant to his or her work assignment or to upgrading his or her assignment; and ``(C) is supervised by a teacher or other appropriate school staff member.''; (5) in subsection (d), as redesignated by paragraph (2)-- (A) by amending paragraph (1) to read as follows: ``(1) Professional development under this section shall include principals, teachers, and other school staff in its design and shall-- ``(A) improve the ability of teachers to help all students, including children with disabilities, children with limited English proficiency, and economically disadvantaged children, reach high State content and student performance standards; ``(B) advance teacher understanding of one or more of the core academic subject areas and effective instructional strategies for improving student achievement in those areas; ``(C) be of sufficient duration to have a positive and lasting impact on classroom instruction; ``(D) be an integral part of broader school and district-wide plans for raising student achievement to State standards; ``(E) be based on the best available research on teaching and learning; ``(F) include professional development activities that involve collaborative groups of teachers and administrators from the same school or district and, to the greatest extent possible, include follow-up and school-based support such as coaching or study groups; and ``(G) as a whole, be regularly evaluated for its impact on increased teacher effectiveness and improved student achievement, with the findings of such evaluations used to improve the quality of professional development.''; and (B) in paragraph (2)-- (i) by amending subparagraph (A) to read as follows: ``(A) instruction in the use of data and assessments to inform and instruct classroom practice;''; (ii) by amending subparagraph (D) to read as follows: ``(D) instruction in the use of technology as a tool to improve instruction;''; and (iii) in subparagraph (H), by striking out ``Head Start'' and all that follows through ``personnel'' and inserting in lieu thereof ``Head Start, or family literacy programs such as Even Start; State-run preschool program personnel; and child-care providers''; and (6) in subsection (h), as redesignated by paragraph (2), by striking out ``this Act'' and all that follows through ``sources'' and inserting in lieu thereof ``this Act and other sources''. participation of children enrolled in private schools Sec. 120. Section 1120 of the ESEA is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``that address their needs, and shall ensure that teachers and families of these students participate, on an equitable basis, in services and activities under sections 1118 and 1119'' before the period at the end thereof; and (B) in paragraph (4), by inserting, before the period at the end thereof, a comma and ``which the local educational agency may determine each year or every two years''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (D), by striking out ``assessed; and'' and inserting in lieu thereof ``assessed, and how the results of that assessment will be used to improve those services''; (ii) in subparagraph (E), by striking out ``what is'' and all that follows through the period at the end thereof and inserting in lieu thereof ``the amounts of funds generated by low-income private school children in each participating attendance area for those services;''; and (iii) by adding at the end thereof new subparagraphs (F) and (G) to read as follows: ``(F) the method or sources of data that are used under subsection (a)(4) to determine the number of children from low-income families in participating school attendance areas who attend private schools; and ``(G) how and when the agency will make decisions about the delivery of services to those children.''; and (B) in paragraph (2)-- (i) by inserting ``shall include meetings of agency and private school officials and'' after ``consultation''; and (ii) by inserting a comma and ``and shall continue throughout implementation and assessment of activities under this section'' before the period at the end thereof; (3) in subsection (d)(2), by striking out ``sections 14505 and 14506'' and inserting in lieu thereof ``sections 11805 and 11806''; and (4) by striking out subsection (e). fiscal requirements Sec. 120A. Section 1120A of the ESEA is amended-- (1) in subsection (a), by striking out ``section 14501'' and inserting in lieu thereof ``section 11801''; and (2) in subsection (c)-- (A) in paragraph (2)-- (i) by amending the paragraph heading to read as follows: ``Criteria for meeting comparability requirement.''; (ii) by amending subparagraph (A) to read as follows: ``(A) To meet the requirement of paragraph (1), a local educational agency shall establish, and obtain the State educational agency's approval of, policies to ensure comparability in the use of State and local funds among its schools participating under this part and its other schools with respect to-- ``(i) pupil-teacher ratios and the qualifications of teachers (by category of assignment, such as regular education, special education, and bilingual education) and professional staff; ``(ii) curriculum, the range of courses offered, instructional materials, and instructional resources to ensure that participating children have the opportunity to achieve to the highest student performance levels under the State's challenging content and student performance standards; and ``(iii) the condition and safety of school facilities, and their accessibility to technology.''; (iii) by striking out subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and (iv) by inserting after subparagraph (B), as so redesignated, a new subparagraph (C) to read as follows: ``(C) Notwithstanding subparagraph (A), a local educational agency may continue to meet the requirement of paragraph (1) by complying with subparagraph (A) as it was in effect prior to the enactment of the Educational Excellence for All Children Act of 1999, but each local educational agency shall comply with subparagraph (A), as amended by that Act, no later than July 1, 2002.''; and (B) in paragraph (3)(B), by striking out ``biennially'' and inserting in lieu thereof ``annually''. preschool services and coordination requirements Sec. 120B. Section 1120B of the ESEA is amended-- (1) by amending the section heading to read as follows: ``preschool services; coordination requirements''; (2) in subsection (c), by striking out ``Head Start Act Amendments of 1994'' and inserting in lieu thereof ``Head Start Amendments of 1998''; and (3) by adding the following at the end thereof: ``(d) Preschool Services.--(1) A local educational agency may use funds received under this part to provide preschool services-- ``(A) directly to eligible preschool children in all or part of its jurisdiction; ``(B) through any school participating in the agency's program under this part; or ``(C) through a contract with a local Head Start agency, a partnership operating an Even Start program, a State-funded preschool program, or a comparable public early-childhood development program. ``(2) Preschool programs operated with funds provided under this part may be operated and funded jointly with Even Start programs under part B of this title, Head Start programs, or State-funded preschool programs. ``(3) All preschool programs funded under this part shall-- ``(A) focus on the developmental needs of participating children, including their social, cognitive, and language- development needs, and use research-based approaches that build on competencies that lead to school success, particularly in language and literacy development and in reading; and ``(B) ensure that participating children, at a minimum-- ``(i) understand and use language to communicate for various purposes; ``(ii) understand and use increasingly complex and varied vocabulary; ``(iii) develop and demonstrate an appreciation of books; ``(iv) develop phonemic, print, and numeracy awareness; and ``(v) in the case of children with limited English proficiency, progress toward acquisition of the English language.-- allocations Sec. 120C. (a) Grants for the Outlying Areas and the Secretary of the Interior.--Section 1121(b) of the ESEA is amended-- (1) in paragraph (1), by striking out ``paragraph (3)'' and inserting in lieu thereof ``paragraph (2)''; and (2) in paragraph (2)(A), by inserting ``not more than'' after ``shall reserve''. (b) Allocations to States.--Section 1122 of the ESEA is amended to read as follows: ``allocations to states ``Sec. 1122. (a) Amounts for Basic Grants, Concentration Grants, and Targeted Grants.--Of the amount appropriated under section 1002(a) for any fiscal year that remains after funds are reserved under section 1003(b), the Secretary shall allocate the greater of the following to targeted grants under section 1125: ``(1) 20 percent of that remaining amount. ``(2) The portion of that remaining amount that exceeds the combined appropriation for fiscal year 1995 for basic grants under section 1124 and for concentration grants under section 1124A. ``(b) Allocations.--Except as provided in subsections (c) and (d), the Secretary shall allocate to each State the sum of the amounts determined for the local educational agencies in the State under sections 1124, 1124A, and 1125. ``(c) Adustments in Case of Insufficient Appropriations.--(1) If the sums available for any fiscal year under subsection (a) are insufficient to pay the full amounts that all local educational agencies in the States are eligible to receive under sections 1124, 1124A, and 1125, the Secretary shall ratably reduce the allocations to those agencies and to the States. ``(2) If additional funds become available for making payments under those sections, the Secretary shall ratably increase those allocations. ``(d) Hold-Harmless Amounts.--(1) Notwithstanding subsections (b) and (c), the amount made available to each local educational agency under each of sections 1124 and 1125 for any fiscal year shall be-- ``(A) at least 95 percent of its amount for the previous fiscal year if the number of children counted under section 1124(c) is at least 30 percent of the total number of children aged 5 through 17 in that agency; ``(B) at least 90 percent of its amount for the previous fiscal year if the number of children so counted is at least 15 percent, but less than 30 percent, of the total number of children aged 5 through 17 in that agency; and ``(C) at least 85 percent of its amount for the previous fiscal year if the number of children so counted is less than 15 percent of the total number of children aged 5 through 17 in that agency. ``(2) In any fiscal year for which the Secretary makes allocations under this part to counties-- ``(A) the Secretary shall apply the percentages described in paragraph (1) to counties; and ``(B) if the allocation to a county is not sufficient to meet the requirement of paragraph (1) for each local educational agency in that county, the State educational agency shall proportionately reallocate funds from all other local educational agencies in the State that would otherwise receive allocations in excess of the amounts determined under that paragraph. ``(e) Definition.--For the purpose of this section and sections 1124, 1124A, and 1125, the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.''. (c) Basic Grants to Local Educational Agencies.--Section 1124 of the ESEA is amended-- (1) in subsection (a)-- (A) by amending paragraph (1) to read as follows: ``(1) Grants for local educational agencies.--Except as provided in paragraph (4) and in section 1126, the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying-- ``(A) the number of children counted under subsection (c); and ``(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, and not more than 48 percent, of the average per-pupil expenditure in the United States.''; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by amending paragraph (2), and inserting after paragraph (2) a new paragraph (3), to read as follows: ``(2) Calculation of grants.-- ``(A) Allocations to local educational agencies.-- The Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for local educational agencies, unless the Secretary and the Secretary of Commerce determine that some or all of those data are unreliable or that their use would be otherwise inappropriate, in which case-- ``(i) the two Secretaries shall publicly disclose the reasons for their determination in detail; and ``(ii) paragraph (3) shall apply. ``(B) Allocations to large and small local educational agencies.--(i) For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section for each local educational agency. ``(ii) The amount of a grant under this section for each large local educational agency shall be the amount determined under clause (i). ``(iii) For small local educational agencies, the State educational agency may either-- ``(I) distribute grants under this section in amounts determined by the Secretary under clause (i); or ``(II) use an alternative method approved by the Secretary to distribute the portion of the State's total grants under this section that is based on those small agencies. ``(iv) An alternative method under clause (iii)(II) shall be based on population data that the State educational agency determines best reflect the current distribution of children in poor families among the State's small local educational agencies that meet the eligibility criteria of subsection (b). ``(v) If a small local educational agency is dissatisfied with the determination of its grant by the State educational agency under clause (iii)(II), it may appeal that determination to the Secretary, who shall respond within 45 days of receiving it. ``(vi) As used in this subparagraph-- ``(I) the term `large local educational agency' means a local educational agency serving an area with a total population of 20,000 or more; and ``(II) the term `small local educational agency' means a local educational agency serving an area with a total population of less than 20,000. ``(3) Allocations to counties.--(A) For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section on the basis of the number of children counted under section 1124(c) for counties, and State educational agencies shall suballocate county amounts to local educational agencies, in accordance with regulations of the Secretary. ``(B) In any State in which a large number of local educational agencies overlap county boundaries, or for which the State believes it has data that would better target funds than allocating them by county, the State educational agency may apply to the Secretary for authority to make the allocations under this part for a particular fiscal year directly to local educational agencies without regard to counties. ``(C) If the Secretary approves its application under subparagraph (B), the State educational agency shall provide the Secretary an assurance that those allocations will be made-- ``(i) using precisely the same factors for determining a grant as are used under this part; or ``(ii) using data that the State educational agency submits to the Secretary for approval that more accurately target poverty. ``(D) The State educational agency shall provide the Secretary an assurance that a procedure is (or will be) established through which local educational agencies that are dissatisfied with its determinations under subparagraph (B) may appeal directly to the Secretary for a final determination.''; and (D) by amending paragraph (4), as redesignated by subparagraph (B), to read as follows: ``(4) Puerto rico.--The grant that the Commonwealth of Puerto Rico is eligible to receive under this section for a fiscal year is the amount determined for Puerto Rico under paragraph (1), multiplied by the following: ``(A) For fiscal year 2001, 77.6 percent. ``(B) For fiscal year 2002, 83.2 percent. ``(C) For fiscal year 2003, 88.8 percent. ``(D) For fiscal year 2004, 94.4 percent. ``(E) For fiscal years starting with fiscal year 2005, 100 percent.''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Number of Children To Qualify.--A local educational agency is eligible for a basic grant under this section for any fiscal year only if the number of children counted under subsection (c) for that agency is both-- ``(1) 10 or more; and ``(2) more than two percent of the total school-age population in the agency's jurisdiction.''; (3) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A), by adding ``and'' at the end thereof; (ii) by striking out subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B), as so redesignated, by inserting ``(determined under paragraph (4) for either the preceding year as described in that paragraph, or for the second preceding year, as the Secretary finds appropriate)'' after ``number of children''; (B) in paragraph (2)-- (i) in the second sentence, by striking out ``For fiscal year 1999 and beyond, the'' and inserting in lieu thereof ``The''; and (ii) by striking out the third and fourth sentences; (C) in paragraph (3)-- (i) in the first sentence-- (I) by striking out ``1997'' and inserting in lieu thereof ``2001''; and (II) by striking out ``unreliable'' and all that follows through Sciences'' and inserting in lieu thereof ``unreliable''; and (ii) in the second sentence, by striking out ``jointly issue a report setting forth their reasons in detail'' and inserting in lieu thereof ``publicly disclose their reasons''; (D) by striking out paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (E) in paragraph (4), as redesignated by subparagraph (D)-- (i) by striking out the first sentence; (ii) in the second sentence-- (I) by striking out ``the number of such children and''; (II) by striking out ``of such ages'' and inserting in lieu thereof ``aged 5 through 17''; and (III) by striking out ``(using'' and all that follows through ``October)''; and (iii) by adding the following sentence at the end thereof: ``For the purpose of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.''; and (F) in paragraph (5), as redesignated by subparagraph (D), by striking out the final sentence; and (4) in subsection (d), by striking out ``subsection (b)(1) or (d) of''. (d) Concentration Grants.--Section 1124A of the ESEA is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by amending subparagraph (A) to read as follows: ``(A) Except as provided in subparagraph (B), each local educational agency that is eligible for a grant under section 1124 for any fiscal year is eligible for an additional grant under this section for that fiscal year if the number of children counted under section 1124(c) in the agency exceeds either-- ``(i) 6,500; or ``(ii) 15 percent of the total number of children aged 5 through 17 in the agency.''; and (ii) in subparagraph (B)-- (I) by striking out ``such subsections (b)(1) and (d) of''; and (II) by striking out ``described in subparagraph (A)''; and (B) by amending paragraph (4) to read as follows: ``(4) Local allocations.--(A) Grant amounts under this section shall be determined in accordance with section 1124(a)(2) and (3). ``(B) For any fiscal year for which the Secretary allocates funds under this section to counties, a State may reserve not more than two percent of its allocation under this section for any fiscal year to make grants to local educational agencies that meet the criteria of paragraph (1)(A)(i) or (ii) but that are in ineligible counties.''; and (2) by deleting subsections (b) and (c) and redesignating subsection (d) as subsection (b). (e) Targeted Assistance Grants.--Section 1125 of the ESEA is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), by striking out ``the second sentence of subparagraph 1124(a)(1)(A)'' and inserting in lieu thereof ``section 1124(a)(1)(A)''; and (B) in paragraph (2), by striking out ``subparagraph 1124(a)(3)'' and inserting in lieu thereof ``section 1124(a)(4)''; (2) in subsection (c)-- (A) in paragraph (1), by amending the paragraph heading to read as follows: ``Weights for allocations to counties.''; and (B) in paragraph (2)-- (i) by amending the paragraph heading to read as follows: ``Weights for allocations to local educational agencies.''; and (ii) in subparagraph (A), by striking out ``beginning with fiscal year 1999''; (3) by amending subsection (d) to read as follows: ``(d) Calculation of Grant Amounts.--Grants under this section shall be calculated in accordance with section 1124(a)(2) and (3).''; and (4) in subsection (e), by striking out ``subsection (b)(1) or (d) of''. (f) Education Finance Incentive Program.--Section 1125A of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) Grants.--From sums appropriated to carry out this section, the Secretary is authorized to make grants to States to carry out the purposes of this part.''; (2) in subsection (b)-- (A) by striking out ``Funds appropriated pursuant to subsection (e)'' and inserting in lieu thereof ``Funds described in subsection (a) for each fiscal year''; and (B) by striking out ``appropriated pursuant to subsection (e) for such fiscal year'' and inserting in lieu thereof ``of those funds''; and (3) by striking out subsection (e). (g) Special Allocation Procedures.--Section 1126(a)(1) of the ESEA is amended-- (1) by inserting ``or delinquent'' after ``neglected''; and (2) by striking out ``subparagraph 1124(c)(1)(C)'' and inserting in lieu thereof ``section 1124(c)(1)(B)''. program indicators Sec. 120D. Part A of title I of the ESEA is further amended by adding at the end thereof a new subpart 3 to read as follows: ``Subpart 3--Program Indicators ``program indicators ``Sec. 1131. Each State receiving assistance under this part shall report to the Secretary each year with respect to its progress in meeting the following performance indicators for participating schools and local educational agencies, and shall use those indicators to improve its program performance: ``(1) Student performance.--Increasing percentages of students in schools with at least 50 percent poverty will meet proficient and advanced performance levels on State assessments in reading and mathematics. ``(2) Student performance.--The average scores representing the performance of the lowest achieving students on State assessments will increase annually in both reading and mathematics. ``(3) Accountability.--Increasing percentages of schools identified as in need of improvement under this part will show academic progress after two years. ``(4) Qualified teachers.--The percentage of teachers in programs under this part who are certified in the field in which they teach will increase annually. ``(5) Aligned curricula and materials.--Increasing percentages of school principals will report that curricula and instructional materials in use in their school are aligned with challenging State content standards. ``(6) Extended time.--Increasing percentages of schools will operate before- and after-school, summer, and other programs designed to extend and reinforce student learning. ``(7) Parental involvement.--Increasing percentages of parents will report that their schools engage them in supporting their children's learning.''. Part B--Even Start statement of purpose Sec. 121. Section 1201 of the ESEA is amended-- (1) in paragraph (1), by inserting ``high-quality'' after ``existing''; (2) in paragraph (2), by striking out ``and'' at the end thereof; (3) in paragraph (3), by striking out the period and inserting in lieu thereof a semicolon and ``and''; and (4) by adding at the end thereof a new paragraph (4) to read as follows: ``(4) be based on the best available research on language development, reading instruction, and prevention of reading difficulties.''. program authorized Sec. 122. Section 1202 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) Reservation of Funds.--For each fiscal year, the Secretary shall reserve 5 percent of the amount appropriated under section 1002(b) for programs, under such terms and conditions as the Secretary shall establish, that are consistent with the purpose of this part, and that support national demonstration and model projects for isolated and especially hard-to-reach populations, which shall include projects for-- ``(1) children of migratory workers; ``(2) the outlying areas, for which the Secretary shall reserve one-half of one percent of the funds appropriated under section 1002(b); ``(3) Indian tribes and tribal organizations; and ``(4) such other populations as the Secretary may from time to time determine, such as families that are homeless, that have children with severe disabilities, or that include incarcerated mothers of young children.''; (2) by amending subsection (b) to read as follows: ``(b) Reservation for Federal Activities.--From amounts appropriated under section 1002(b) for any fiscal year, the Secretary may reserve not more than one percent to provide, directly or through grants or contracts with eligible organizations, technical assistance, program improvement, and replication activities.''; (3) in subsection (c)-- (A) by amending the subsection heading to read ``Reservation for Statewide Family Literacy Initiatives.''; (B) in paragraph (1), by striking out ``From funds reserved under section 2260(b)(3), the Secretary shall'' and inserting in lieu thereof ``From funds appropriated under section 1002(b) for any fiscal year, the Secretary may''; (C) in paragraph (2)(C)-- (i) in the subparagraph heading, by striking out ``Part C of Title II'' and inserting in lieu thereof ``Part E''; (ii) by striking out ``section 2253(d)'' and inserting in lieu thereof ``section 1503(d)''; and (iii) by striking out ``section 2253'' and inserting in lieu thereof ``section 1503''; and (D) in paragraph (3), by striking out ``section 2252'' and inserting in lieu thereof ``section 1502''; (4) in subsection (d)-- (A) in paragraph (2), by striking out ``that section'' and inserting in lieu thereof ``that part''; and (B) in paragraph (3)-- (i) by striking out ``$250,000, or''; and (ii) by striking out ``such year, whichever is greater'' and inserting in lieu thereof ``such year''; and (5) in subsection (e)-- (A) in paragraph (2), by striking out ``nonprofit''; and (B) in paragraph (3), by striking out the period at the end thereof and inserting in lieu thereof a semicolon. state programs Sec. 123. Section 1203 of the ESEA is amended-- (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; (2) by inserting a new subsection (a) to read as follows: ``(a) State Plan.-- ``(1) Contents.--Each State that desires to receive a grant under this part shall submit a plan to the Secretary containing such budgetary and other information as the Secretary may require, and which shall-- ``(A) include the State's indicators of program quality, developed under section 1210 or, if the State has not completed work on those indicators, describe its progress in developing them; ``(B) describe how the State is using, or will use, those indicators to monitor, evaluate, and improve projects it assists under this part, and to decide whether to continue assisting those projects; ``(C) describe how the State will help each project under this part ensure the full implementation of the program elements described in section 1205, including how it will encourage local projects to use technology, such as distance learning, to improve program access and the intensity of services, especially for isolated populations; ``(D) describe how the State will conduct the competition for subgrants, including the application of the criteria described in section 1208; and ``(E) describe how the State will coordinate resources, especially among State agencies, to improve family literacy services in the State. ``(2) Duration.--Each State plan shall-- ``(A) be submitted for the first year for which this part is in effect following the enactment of the Educational Excellence for All Children Act of 1999; ``(B) remain in effect for the duration of the State's participation under this part; and ``(C) be periodically reviewed and revised by the State, as necessary.''; (3) in subsection (b), as redesignated by paragraph (1)-- (A) by striking out ``section 1202(d)(1)'' and inserting in lieu thereof ``section 1202(d)''; and (B) in paragraph (2), by striking out ``subsection (b)'' and inserting in lieu thereof ``subsection (c)''; and (4) in paragraph (1) of subsection (c), as redesignated by paragraph (1)-- (A) by striking out ``section 1202(d)(1)'' and inserting in lieu thereof ``section 1202(d)''; and (B) by striking out ``subsection (a)'' and inserting in lieu thereof ``subsection (b)''. uses of funds Sec. 124. Section 1204 of the ESEA is amended-- (1) in subsection (a), by striking out ``family-centered education programs'' and inserting in lieu thereof ``family literacy services''; and (2) in subsection (b)(1), by inserting ``and in section 1208(c)(2)'' after ``paragraph (2)''. program elements Sec. 125. Section 1205 of the ESEA is amended to read as follows: ``program elements ``Sec. 1205. Each program assisted under this part shall-- ``(1) identify and recruit families most in need of services provided under this part, as indicated by the eligible parent or parents' low income and low level of adult literacy or English language proficiency, and other need-related factors; ``(2) screen and prepare parents (including teenage parents) and children to enable them to participate fully in the activities and services provided under this part, including testing, referral to necessary counseling, and other developmental, support, and related services; ``(3) be designed to accommodate participating families' work schedules and other responsibilities, including scheduling and locating services to allow joint participation by parents and children, and providing support services necessary for participation in the activities assisted under this part if those services are unavailable from other sources, such as-- ``(A) child care for the period that the parents are involved in the programs assisted under this part; ``(B) transportation to enable parents and their children to participate in those programs; and ``(C) career counseling and job-placement services; ``(4) provide high-quality, intensive family literacy services (as defined in section 1202(e)(3)), using instructional approaches that the best available research on reading indicates will be most effective in building adult literacy and children's language development and reading ability; ``(5) with respect to the qualifications of staff whose salaries are supported with funds under this part, ensure that-- ``(A)(i) a majority of instruction is provided by teachers who have obtained at least a bachelor's degree, and who are certified in the field in which they are teaching, or who are enrolled in a program leading to such certification within two years; ``(ii) within four years of the effective date of the amendments to this section made by the Educational Excellence for All Children Act of 1999, all instruction is provided by teachers who have at least a bachelor's degree; and ``(iii) as of that effective date, all new teachers who are hired to provide instruction have at least a bachelor's degree, and are certified in the field in which they are going to teach, or are enrolled in a program leading to such certification within two years; ``(B) not later than July 1, 2002, paraprofessionals who provide instructional support services, such as one-on-one tutoring and follow-up educational activities in home visits and with individuals and small groups, have completed at least two years of college and are under the direct supervision of a teacher described in subparagraph (A); and ``(C) paraprofessionals who provide non- instructional services, such as family recruitment, acting as a translator, community-liaison work, and media-center or library support, possess at least a secondary school diploma or its equivalent; ``(6) provide special training for staff, including child- care staff, to develop the skills, and obtain certification in, instructional areas needed to carry out the purpose of this part; ``(7) provide and monitor integrated instructional services to participating parents and children through center-based and home-based programs; ``(8) serve those families most in need of the activities and services provided under this part, including individuals with special needs, such as individuals with disabilities, individuals with limited English proficiency, and homeless individuals; ``(9) use methods that ensure that participating families successfully complete the program, including-- ``(A) operating a year-round program, including continuing to provide some instructional services for participants during the summer months; ``(B) providing developmentally appropriate educational services for at least a three-year age range of children; ``(C) encouraging participating families to regularly attend and remain in the program for a sufficient time to meet their program goals; and ``(D) promoting the continuity of family literacy services across critical points in the lives of children and their parents so that those individuals can retain and improve their educational outcomes; ``(10) be coordinated with-- ``(A) programs assisted under other parts of this title and this Act; ``(B) any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and the Workforce Investment Act of 1998; and ``(C) Head Start programs, Child Care Development Block Grant programs, volunteer literacy programs, and other relevant programs; and ``(11) provide for an independent evaluation of the program, consistent with section 1207(c)(1)(E), to be used for program improvement.''. eligible participants Sec. 126. Section 1206(a)(1)(B) of the ESEA is amended by inserting a comma and ``or who are attending secondary school'' after ``this part''. applications Sec. 127. (a) Plans.--Section 1207(c) of the ESEA is amended-- (1) by inserting ``and continuous improvement'' after ``plan of operation''; (2) in paragraph (1)-- (A) by amending subparagraph (A) to read as follows: ``(A) a description of the program goals, including outcomes for children and families that are consistent with the program indicators established or adopted by the State under section 1210, and of the strategies the applicant will use to reach those goals;''; (B) in subparagraph (B), by inserting ``each of'' after ``incorporate''; (C) in subparagraph (D) by inserting ``and'' at the end thereof; and (D) by striking out subparagraphs (E) and (F) and inserting in lieu thereof the following: ``(E) provisions for rigorous and objective evaluation of progress toward the goals described in subparagraph (A), and the continuing use of evaluation data for program improvement.''; and (3) in paragraph (2), by striking out ``paragraph (1)(A)'' and inserting in lieu thereof ``paragraph (1)''. (b) Technical Amendment.--Section 1207 of the ESEA is further amended by striking out subsection (d). award of subgrants Sec. 128. (a) Selection Process.--Section 1208(a) of the ESEA is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking out ``limited- English'' and inserting in lieu thereof ``limited English''; (B) by striking out subparagraph (C); (C) by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G) respectively; (D) in subparagraph (E), as redesignated by subparagraph (C), by striking out ``Federal'' and inserting in lieu thereof ``non-Federal''; and (E) in subparagraph (G), as redesignated by subparagraph (C), by striking out ``local educational agencies'' and inserting in lieu thereof ``family literacy projects''; and (2) in paragraph (3), by striking out ``one or more of the following individuals:'' and inserting in lieu thereof ``an individual with expertise in family literacy programs, and may include other individuals, such as one or more of the following:''. (b) Exemplary Projects.--Section 1208 of the ESEA is amended by adding at the end thereof a new subsection (c) to read as follows: ``(c) Exemplary Projects.--(1) Notwithstanding subsection (b)(5)(A), each State may use funds under this part in any fiscal year to continue providing assistance, for up to two additional years, for not more than two projects that have been highly successful in achieving the goals described in their plans under section 1207(c)(1)(A) and that have substantial potential to serve as models for other projects throughout the Nation and as mentor sites for other family-literacy programs in the State. ``(2) The Federal share of any subgrant under paragraph (1) shall not exceed 40 percent for the first year and 30 percent for the second year.''. evaluation Sec. 129. Section 1209 of the ESEA is amended to read as follows: ``evaluation ``Sec. 1209. The Secretary shall provide for an independent evaluation of programs assisted under this part, to-- ``(1) determine their performance and effectiveness; and ``(2) identify effective programs that can be duplicated and used in providing technical assistance to Federal, State, and local programs.''. indicators of program quality Sec. 130. Section 1210 of the ESEA is amended-- (1) by striking out ``Each'' and inserting in lieu thereof ``By September 30, 2000, each''; and (2) by adding at the end thereof a new paragraph (3) to read as follows: ``(3) With respect to a program's implementation of high- quality, intensive family literacy services, specific levels of intensity of those services and duration of individuals' participation that are necessary to result in the outcomes described under paragraphs (1) and (2), which the State shall periodically review and revise as needed to achieve those outcomes.''. repeal and redesignation Sec. 130A. (a) Repeal.--Section 1211 of the ESEA is repealed. (b) Redesignation.--Section 1212 of the ESEA is redesignated as section 1211. Part C--Education of Migratory Children state allocations Sec. 131. Section 1303 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) State Allocations.-- ``(1) In general.--Except as provided in paragraph (2) and subsection (b), each State is entitled to receive under this part, for each fiscal year, an amount equal to-- ``(A) the sum of-- ``(i) the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and ``(ii) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State; multiplied by ``(B) 40 percent of the average per-pupil expenditure in the State, but not less than 32 percent or more than 48 percent of the average per-pupil expenditure in the United States. ``(2) Minimum and maximum allocations.--No State's allocation under paragraph (1) for any fiscal year shall be more than 120 percent, or less than 80 percent, of its allocation for the previous year, except that no State's allocation shall be less than $200,000.''; (2) by amending subsection (b) to read as follows: ``(b) Allocations to Puerto Rico.--Subject to subsection (a)(2), the grant that the Commonwealth of Puerto Rico is eligible to receive under this section for a fiscal year is the amount determined for Puerto Rico under subsection (a)(1), multiplied by the following: ``(1) For fiscal year 2001, 77.6 percent. ``(2) For fiscal year 2002, 83.2 percent. ``(3) For fiscal year 2003, 88.8 percent. ``(4) For fiscal year 2004, 94.4 percent. ``(5) For fiscal years starting with fiscal year 2005, 100 percent.''; and (3) by striking out subsections (d) and (e). state applications Sec. 132. Section 1304 of the ESEA is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking out ``through'' and all that follows through the end thereof and inserting in lieu thereof ``through-- ``(A) the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; ``(B) joint planning among such local, State, and Federal programs, and bilingual education programs under part A of title VII; ``(C) the integration of services available under this part with services provided by those other programs; and ``(D) measurable program goals and outcomes; (B) in paragraph (5), by striking out ``the requirements of paragraph (1)'' and inserting in lieu thereof ``the numbers and needs of migratory children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local programs''; (C) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (D) by inserting after paragraph (4) a new paragraph (5) to read as follows: ``(5) a description of how the State will encourage the participation of migratory children in State assessments required under section 1111(b)(2);''; and (2) in subsection (c)-- (A) in paragraph (1)(A), by striking out ``section 1306(b)(1)'' and inserting in lieu thereof ``section 1306(a)''; (B) in paragraph (2), by striking out ``part F'' and inserting in lieu thereof ``part G''; (C) in paragraph (3)-- (i) by striking out ``appropriate''; and (ii) by striking out ``carried out, to the extent feasible,'' and inserting in lieu thereof ``carried out''; and (D) in paragraph (7), by striking out ``section 1303(e)'' and inserting in lieu thereof ``section 1303(a)(1)(A)''. authorized activities Sec. 133. Section 1306 of the ESEA is amended to read as follows: ``authorized activities ``Sec. 1306. (a) In General.--(1)(A) Each State educational agency, through its operating agencies, shall have the flexibility to determine the activities to be provided with funds made available under this part; except that (B) such funds shall first be used to meet the identified needs of migratory children that result from their migratory lifestyle, and permit these children to participate effectively in school. ``(2) Funds provided under this part shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A of this title may receive those services through funds provided under that part, or with funds under this part that remain after the agency addresses the needs described in paragraph (1)(B). ``(b) Construction.--Nothing in this part shall be construed to prohibit a local operating agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate. ``(c) Special Rule.--Notwithstanding section 1114, a school that receives funds under this part shall continue to address the identified needs described in subsection (a)(1).''. coordination of migrant education activities Sec. 134. Section 1308 of the ESEA is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking out ``nonprofit''; and (B) in paragraph (2) by striking out ``subpart'' and inserting in lieu thereof ``subsection''; (2) by amending subsection (b) to read as follows: ``(b) Assistance.--The Secretary shall assist States in developing effective methods for the transfer of student records and in determining the number of migratory children in each State.''; (3) in subsection (c), by striking out ``$6,000,000'' and inserting in lieu thereof ``$10,000,000''; and (4) by amending subsection (d) to read as follows: ``(d) Incentive Grants.--From the amounts made available to carry out this section for any fiscal year, the Secretary may reserve not more than $3,000,000 to award grants of not more than $250,000 to State educational agencies that propose consortium arrangements with another State or other appropriate entity that the Secretary determines, pursuant to criteria the Secretary shall establish, would improve the delivery of services to migratory children whose education is interrupted.''. definitions Sec. 135. Section 1309(2) of the ESEA is amended by striking out ``parent, spouse, or guardian'' each place it appears and inserting in lieu thereof ``parent or spouse''. Part D--Neglected and Delinquent Children program name Sec. 141. The heading of part D of title I of the ESEA is amended to read as follows: ``Part D--State Agency Programs for Children and Youth Who Are Neglected or Delinquent''. findings; purpose; program authorized Sec. 142. (a) Finding.--Section 1401(a) of the ESEA is amended to read as follows: ``(a) Findings.--Congress finds the following: ``(1) A large percentage of youth in the juvenile-justice system have poor academic achievement, are a year or more behind grade level, and have dropped out of school. ``(2) Many schools and correctional facilities fail to communicate regarding a youth's academic needs, and students often return to their home school ill-prepared to meet current curriculum requirements. ``(3) Schools are often reluctant to deal with youth returning from facilities and often receive no funds to deal with the unique educational and other needs of those youth. ``(4) There is a need for federal assistance to support State efforts to educate students in State institutions for neglected and delinquent children and youth to challenging academic standards.''. (b) Purpose.--Section 1401(b) of the ESEA is amended-- (1) in paragraph (1), by striking out ``local and''; and (2) by amending paragraph (3) to read as follows: ``(3) to provide youth returning from institutions with a support system to ensure their continued education.''. (c) Program Authorized.--Section 1401(c) of the ESEA is amended-- (1) by striking out ``and local educational agencies''; and (2) by striking out ``at risk'' and all that follows through ``graduation''. payments for programs under part d Sec. 143. Section 1402 of the ESEA is amended-- (1) by striking out ``(a) Agency Sub- grants.--''; and (2) by striking out subsections (b) and (c). allocation of funds Sec. 144. Section 1412 of the ESEA is amended-- (1) in subsection (a)(1)-- (A) by striking out ``Each State agency described in section 1411 (other than an agency in the Commonwealth of Puerto Rico)'' and inserting in lieu thereof ``Except as provided in subsection (b), each State agency described in section 1411''; and (B) by inserting ``in'' before ``an amount equal''; and (2) by amending subsection (b) to read as follows: ``(b) Subgrants to State Agencies in Puerto Rico.--The amount of the subgrant for which a State agency in the Commonwealth of Puerto Rico is eligible under this part for a fiscal year is the amount determined for that agency under subsection (a), multiplied by the following: ``(1) For fiscal year 2001, 77.6 percent. ``(2) For fiscal year 2002, 83.2 percent. ``(3) For fiscal year 2003, 88.8 percent. ``(4) For fiscal year 2004, 94.4 percent. ``(5) For fiscal years starting with fiscal year 2005, 100 percent.''. state plan and state agency applications Sec. 145. (a) State Plan.--Section 1414(a) of the ESEA is amended-- (1) in paragraph (1), by striking out ``14306'' and inserting in lieu thereof ``11506''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking out ``as such children would have if such children'' and inserting in lieu thereof a comma and ``and will be held to the same challenging standards, as they would if they''; and (B) in subparagraph (C)(ii), by striking out ``1416'' and inserting in lieu thereof ``1431''. (b) State Agency Applications.--Section 1414(c)(6) of the ESEA of the ESEA is amended by striking out ``14701'' and inserting in lieu thereof ``1431''. use of funds Sec. 146. Section 1415(a)(2)(D) of the ESEA is amended by striking out ``14701'' and inserting in lieu thereof ``1431''. local agency programs Sec. 147. Part D of title I of the ESEA is further amended by-- (1) repealing subpart 2; and (2) redesignating subpart 3 as subpart 2. program evaluations Sec. 148. Section 1431 of the ESEA is amended-- (1) in subsection (a)-- (A) by striking out ``or local educational agency''; and (B) by striking out ``subpart 1 or 2'' and inserting in lieu thereof ``subpart 1''; (2) by amending subsection (b) to read as follows: ``(b) Evaluation Measures.--In conducting each evaluation under subsection (a), a State agency shall use multiple measures of student progress that, while consistent with section 1414(a)(2)(B), are appropriate for the students and are feasible for the agency to achieve (considering such factors as the duration of students' participation in the program).''; and (3) in subsection (c), by striking out ``and local educational agency''. definitions Sec. 149. Section 1432 of the ESEA is amended by striking out paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. Part E--Federal Evaluations, Demonstrations, and Transition Projects evaluations, management information, and other national activities Sec. 151. Section 1501 of the ESEA is amended to read as follows: ``evaluations, management information, and other national activities ``Sec. 1501. (a) Purpose.--The purpose of this section is to authorize-- ``(1) evaluations of the activities assisted under this title to determine their effectiveness, consistent with the Government Performance and Results Act of 1993; ``(2) activities undertaken in partnership with the States to develop information needed to inform program management and support continuous improvement at the State, school district, and school levels; ``(3) applied research, technical assistance, dissemination, and recognition activities relating to this title; and ``(4) obtaining biennial updates of census data used under this title. ``(b) National Assessment of Title I.-- (1) In general.--The Secretary shall conduct a national assessment of programs assisted under this title, in coordination with the national longitudinal study of schools under subsection (d), which shall be planned, reviewed, and conducted with an independent panel authorized under section 11911. ``(2) Scope of assessment.--The national assessment shall examine-- ``(A) the implementation and impact of the programs carried out under this title on student academic performance, particularly in schools with high concentrations of children living in poverty; ``(B) the implementation and impact of State standards, assessments, and accountability systems developed under this title on educational programs and instruction at the local level; ``(C) the effect of schoolwide programs under section 1114 and targeted-assistance programs under section 1115 on increasing the number of students who have access to an enriched, challenging curriculum consistent with high standards; ``(D) the implementation and impact of the professional development activities supported under this title on instruction and student performance; ``(E) the extent to which local educational agencies and schools, in carrying out activities under this title, provide parents with meaningful opportunities to participate in the education of their children at home and at school, and the impact of those opportunities; ``(F) the extent to which the resources provided under this title are effectively targeted to schools that need them most; ``(G) the effectiveness of Federal administration, including monitoring and technical assistance, on programs under this title; and ``(H) such other issues as the Secretary may determine. ``(3) Sources of information.--The Secretary shall use information from a variety of sources, including the National Assessment of Educational Progress, State evaluations, and available research studies, in carrying out the national assessment. ``(4) Interim and final reports.--The Secretary shall submit to the President and the appropriate committees of the Congress an interim report on the national assessment within three years of the enactment of the Educational Excellence for All Children Act of 1999 and a final report within four years of that enactment. ``(c) Studies and Data Collection.-- (1) In general.--In addition to other activities described in this section, the Secretary may, directly or through grants to, and contracts with, appropriate entities-- ``(A) conduct studies and evaluations of the need for, and effectiveness of, programs under this title; ``(B) collect data that are needed to comply with the Government Performance and Results Act of 1993; and ``(C) provide guidance and technical assistance to State educational agencies and local educational agencies in developing and maintaining management- information systems through which they can develop program-performance indicators, collect data to measure performance against those indicators, and use the data to improve services and performance. ``(2) Minimum information.--At a minimum, the Secretary shall collect trend information on the effect of programs under this title, which shall complement the data collected and reported under subsections (b) and (d). ``(d) National Longitudinal Study of Schools.--(1) The Secretary shall carry out an ongoing longitudinal study of schools in order to provide the public, the Congress, and educators involved in the program carried out under this title-- ``(A) an accurate description of its short-term and long- term effectiveness; ``(B) information that can be used to improve its effectiveness in enabling students to meet challenging State student performance standards; and ``(C) information on such other topics as the Secretary may find appropriate, such as the program's effectiveness in enabling students to graduate from secondary school and make successful transitions to postsecondary education and work. ``(2) The longitudinal study shall-- ``(A) include a nationally representative sample of schools participating in programs under this title that serve large concentrations of children with limited English proficiency; and ``(B) evaluate the extent to which those children are-- ``(i) participating in services and school- improvement efforts supported by this title; and ``(ii) included and accommodated in State assessments under this title.''. demonstrations of innovative practices Sec. 152. Section 1502 of the ESEA is amended-- (1) in subsection (a)(1), by striking out ``section 1002(g)(2)'' and inserting in lieu thereof ``section 1002(f)''; and (2) in subsection (b), by striking out ``section 1002(g)(2)'' and inserting in lieu thereof ``section 1002(f)''. Part F--General Provisions general provisions Sec. 161. Part F of title I of the ESEA is amended-- (1) by striking out sections 1601 and 1602; and (2) by redesignating sections 1603 and 1604 as sections 1601 and 1602, respectively. Part G--Reading Excellence reading and literacy grants to state educational agencies Sec. 171. Section 2253 of the ESEA is amended-- (1) by amending subsection (a)(2)(A) to read as follows: ``(A) Number of grants.--After receiving a grant under this subpart, a State educational agency may apply for a subsequent grant, but the period of any subsequent grant may not begin before the end of the period of the prior grant.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the first sentence, by striking out ``and in such form'' and inserting in lieu thereof a comma and ``in such form, and containing such information''; and (ii) in the second sentence, by inserting ``also'' after ``shall''; and (B) in paragraph (2)(B), by adding at the end thereof a new clause (ix) to read as follows: ``(ix) The process and criteria that the State educational agency will use to review and approve applications for local reading improvement subgrants under section 1505 and for tutorial assistance subgrants under section 1506, including a peer-review process that includes individuals described in section 1503(c)(2)(B) and, in the case of tutorial assistance subgrants under section 1506, includes experts on tutorial assistance.''; (3) in subsection (c)(2), by amending subparagraph (C) to read as follows: ``(C) Priority.--(i) The panel shall recommend grant applications from State educational agencies under this section to the Secretary for funding or disapproval. ``(ii) In making its recommendations, the panel shall give priority to applications from State educational agencies in States that have modified or are modifying, or that provide persuasive evidence that not later than 18 months after receiving a grant under this section the State will modify, its requirements for certification of elementary school teachers to require prospective teachers to be effectively trained in methods of reading instruction that reflect scientifically based reading research. ``(iii) Nothing in this part shall be read to establish a national system of teacher certification.''; and (4) in subsection (d)(3), by striking out ``the date of the enactment of the Reading Excellence Act'' and inserting in lieu thereof ``October 21, 1998''. use of funds by state educational agencies Sec. 172. Section 2254 of the ESEA is amended to read as follows: ``use of amounts by state educational agencies ``Sec. 2254. A State educational agency that receives a grant under section 1503-- ``(1) may use not more than five percent of the grant funds for the administrative costs of carrying out this part, including the use of not more than two percent of the grant funds to carry out section 1509; and ``(2) shall award not more than 15 percent of the grant funds through at least one subgrant under section 1506.''. local reading improvement subgrants Sec. 173. (a) In General.--Section 2255(a) of the ESEA is amended-- (1) in paragraph (1)-- (A) by inserting ``serve children in grades one through three and that'' after ``agencies that''; (B) in subparagraph (B), by inserting ``serving children in grades one through three'' after ``State''; and (C) in subparagraph (C), by inserting ``serving children in grades one through three'' after ``State''; (2) by redesignating paragraph (2) as paragraph (3); (3) by redesignating the second sentence of paragraph (1) as paragraph (2); and (4) in paragraph (2), as so redesignated-- (A) by inserting the paragraph heading ``Definition.--'' after the paragraph designation ``(2)''; and (B) by striking out ``subparagraph (C)'' and inserting in lieu thereof ``paragraph (1)(C)''. (b) Use of Funds.--Section 2255(d) of the ESEA is amended-- (1) by redesignating paragraph (2) as paragraph (3) and redesignating the second sentence of paragraph (1) as paragraph (2); (2) in paragraph (1)-- (A) by striking out ``paragraph (2)'' and inserting in lieu thereof ``paragraph (3)''; (B) by inserting ``serves children in third grade or below and'' after ``any school that''; and (C) by striking out ``the second sentence of subsection (a)(1)'' and inserting in lieu thereof ``subsection (a)(2)''; and (3) in paragraph (2), as redesignated by paragraph (1), by striking out ``Such activities shall'' and inserting in lieu thereof ``Authorized activities.--The activities referred to in paragraph (1)''. tutorial assistance subgrants Sec. 174. (a) In General.--Section 2256(a) of the ESEA is amended-- (1) in paragraph (1)-- (A) by inserting ``local educational agencies that serve children in grades one through three and that'' after ``basis to''; (B) by striking out subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; (C) in subparagraph (A), as so redesignated, by striking out ``local educational agencies that''; (D) in subparagraph (B), as redesignated by subparagraph (B)-- (i) by striking out ``local educational agencies with'' and inserting in lieu thereof ``have''; and (ii) by inserting ``that serve children in grades one through three'' after ``State''; and (E) in subparagraph (C), as redesignated by subparagraph (B)-- (i) by striking out ``local educational agencies with'' and inserting in lieu thereof ``have''; and (ii) by inserting ``that serve children in grades one through three'' after ``State''; (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (3) by redesignating the second sentence of paragraph (1) as paragraph (2); (4) in paragraph (2), as so redesignated-- (A) by inserting the paragraph heading ``Definition.--'' after the paragraph designation ``(2)''; and (B) by striking out ``subparagraph (D)'' and inserting in lieu thereof ``paragraph (1)(C)''; (5) in subparagraph (B) of paragraph (3), as redesignated by paragraph (2), by striking out ``shall, as a condition'' and all that follows through ``provide'' and inserting in lieu thereof ``shall provide''; (6) in the second sentence of paragraph (4), as redesignated by paragraph (2), by striking out ``that (A)'' and all that follows through the end thereof and inserting in lieu thereof ``that-- ``(A) is described in paragraph (1)(A); ``(B) has the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other schools in the local educational agency; or ``(C) has the highest, or second highest, school- age child-poverty rate (as defined in paragraph (2)), in comparison to all other schools in the local educational agency.''; and (7) in paragraph (5), as redesignated by paragraph (2)-- (A) by striking out ``paragraph (2)'' and inserting in lieu thereof ``paragraph (3)''; and (B) by striking out ``paragraph (3)'' and inserting in lieu thereof ``paragraph (4)''. (b) Use of Funds.--Section 2256(b)(2) of the ESEA is amended by inserting ``who are in, or have just completed, a pre-kindergarten program, kindergarten, or grades 1, 2, or 3 and'' after ``to children''. national evaluation Sec. 175. Section 2257 of the ESEA is amended by striking out ``From funds reserved under section 2260(b)(1), the'' and inserting in lieu thereof ``The''. information dissemination Sec. 176. Section 2258 of the ESEA is amended-- (1) in subsection (a)-- (A) by striking out ``section 2260(b)(2)'' and inserting in lieu thereof ``section 1002(e)''; and (B) by adding the following sentence at the end thereof: ``The Institute may use not more than 5 percent of the amount reserved under section 1002(e) for the costs of administering this section.''; and (2) by adding at the end thereof a new subsection (c) to read as follows: ``(c) Secretary's Authority.--From amounts appropriated for any fiscal year under section 1002(e), the Secretary may reserve not more than one percent to provide, directly or through grants or contracts, technical assistance, program improvement, and replication activities.''. authorization of appropriations Sec. 177. Section 2260 of the ESEA is repealed. transfer and redesignations Sec. 178. (a) Redesignation of Title I Parts E and F.--Title I of the ESEA is further amended-- (1) by redesignating parts E and F as parts F and G, respectively; (2) by redesignating sections 1601 and 1602, as redesignated by section 161(2) of this Act, as sections 1701 and 1702, respectively; and (3) by redesignating sections 1501, 1502, and 1503 as sections 1601, 1602, and 1603, respectively. (b) Transfer of Reading Excellence Act to Title I.--(1) Part C of title II of the ESEA, as amended by this part, is redesignated as, and transferred to, part E of title I of the ESEA. (2) Sections 2251 through 2259 of the ESEA are redesignated as sections 1501 through 1509, respectively. (3) Section 1503 of the ESEA, as redesignated by paragraph (2), is amended-- (A) in subsection (a)(1), by striking out ``sections 2254 through 2256'' and inserting in lieu thereof ``sections 1504 through 1506''; (B) in subsection (b)(2)-- (i) by striking out ``sections 2255 and 2256'' each place it appears and inserting in lieu thereof ``sections 1505 and 1506''; and (ii) in subparagraph (E)(iii), by striking out ``sections 2255(a)(1) and 2256(a)(1)'' and inserting in lieu thereof ``sections 1505(a)(1) and 1506(a)(1)''; and (C) in subsection (d)(1)(D), by striking out ``section 2255'' and inserting in lieu thereof ``section 1505''. (4) Section 1505 of the ESEA, as redesignated by paragraph (2), is amended-- (A) in subsection (a)(1), by striking out ``section 2253'' and inserting in lieu thereof ``section 1503''; and (B) in subsection (e), by striking out ``title I of this Act'' and inserting in lieu thereof ``other parts of this title''. (5) Subsection (a) of section 1506 of the ESEA, as redesignated by paragraph (2), is amended-- (A) in paragraph (1), by striking out ``section 2253'' and inserting in lieu thereof ``section 1503''; and (B) in paragraph (5), as redesignated by section 174(2)-- (i) by striking out ``2254(2)'' and inserting in lieu thereof ``section 1504(2)''; and (ii) by striking out ``section 2255'' and inserting in lieu thereof ``section 1505''. (6) Section 1507 of the ESEA, as redesignated by paragraph (2), is amended by striking out ``section 2253(c)(2)'' and inserting in lieu thereof ``section 1503(c)(2)''. (7) Section 1508 of the ESEA, as redesignated by paragraph (2), is amended-- (A) in subsection (a), by striking out ``section 2255 or 2256'' and inserting in lieu thereof ``section 1505 or 1506''; and (B) in subsection (b)(3), by striking out ``section 2253'' each place it appears and inserting in lieu thereof ``section 1503''. (8) Section 1509 of the ESEA, as redesignated by paragraph (2), is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking out ``section 2253'' and inserting in lieu thereof ``section 1503''; and (ii) in paragraph (3), by striking out ``section 2257'' and inserting in lieu thereof ``section 1507''; and (B) in subsection (b)-- (i) by striking out ``section 2253'' and inserting in lieu thereof ``section 1503''; (ii) in paragraph (1), by striking out ``section 2255'' and inserting in lieu thereof ``section 1505''; and (iii) in paragraph (2), by striking out ``section 2253(b)(2)(E)(iv)'' and inserting in lieu thereof ``section 1503(b)(2)(E)(iv)''. TITLE II--HIGH STANDARDS IN THE CLASSROOM high standards in the classroom Sec. 201. Title II of the ESEA is amended to read as follows: ``TITLE II--HIGH STANDARDS IN THE CLASSROOM ``Part A--Teaching to High Standards ``Subpart 1--Findings, Purpose, and Authorization of Appropriations ``findings ``Sec. 2111. The Congress finds as follows: ``(1) All students can learn and achieve to high standards. ``(2) States that have shown the most recent success in improving student achievement are those that have developed challenging content and student performance standards, aligned curricula and assessments with those standards, prepare educators to teach to those standards, and hold schools accountable for the achievement of all students against those standards. ``(3) A crucial component of an effective strategy for achieving high standards is ensuring, through professional development, that all teachers provide their students with challenging learning experiences in the core academic subjects. ``(4) Increased teachers' knowledge of academic content and effective teaching skills are associated with increases in student achievement. While other factors also influence learning, teacher quality makes a critical difference in how well students learn, across all categories of students. For example, recent research has found that teachers' expertise has a greater impact on students' achievement in reading than any other in-school factor. ``(5) Recent research has found that teachers who participate in sustained curriculum-centered professional development are much more likely to report that their teaching is aligned with high standards than are teachers who have not received such training. ``(6) Students who attend schools with large numbers of poor children are less likely to be taught by teachers who have met all State requirements for certification or licensure or who have a solid academic background in the subject matter they are teaching. ``(7) Despite the fact that every year the Nation's colleges and universities produce many more teachers than are hired and that over 2 million individuals who possess education degrees are currently engaged in activities other than teaching, many school districts experience difficulty recruiting and hiring enough fully qualified teachers. Among the reasons researchers have found for districts hiring less than fully qualified teachers are-- ``(A) cumbersome and poorly coordinated State licensing procedures and local hiring practices; ``(B) bureaucratic personnel practices that result in hiring decisions being delayed until as late as the start of the school year; ``(C) local salaries and working conditions that discourage many individuals from entering teaching and cause experienced teachers to leave the profession; ``(D) the lack of portability of teacher credentials, pensions, and credited years of experience across State and school district lines; ``(E) a lack of support for new teachers, such as high-quality mentoring programs, that can help reduce the attrition rate and the number of new teachers that school districts must hire every year; and ``(F) compensation systems that do not reward teachers for improving their knowledge and skills. ``(8) As a result of increasing enrollments, natural teacher turnover, and the retirement of many veteran teachers, the Nation faces the challenge of hiring approximately two million new teachers in the coming decade. ``(9) As retirement and other causes of attrition diminish the pool of experienced school administrators, many school districts report a growing shortage of qualified candidates for the job of principal at the elementary, middle, and high school levels. ``(10) Programs that facilitate mid-career transitions from other fields can be an effective means of bringing talented individuals into the classroom and addressing teacher shortages. ``(11) Programs that recruit, train, and retain highly qualified recent college graduates as teachers in high-poverty local educational agencies can also help to bring talented individuals into the classroom and address teacher shortages. ``(12) Research has found that high-quality professional development is-- ``(A) linked to high standards: professional development activities should improve the ability of teachers to help all students, including children with disabilities, children with limited English proficiency, and economically disadvantaged children, reach high State academic standards; ``(B) focused on content: professional development activities should advance teacher understanding of one or more of the core academic subject areas and effective instructional strategies for improving student achievement in those areas; ``(C) collaborative: professional development activities should involve collaborative groups of teachers and administrators from the same school or district; ``(D) sustained: professional development activities should be of sufficient duration to have a positive and lasting impact on classroom instruction and, to the greatest extent possible, should include follow-up and school-based support such as coaching or study groups; ``(E) embedded in a plan: professional development activities should be embedded in school and district- wide plans designed to raise student achievement to State academic standards; and ``(F) informed by research: professional development activities should be based on the best available research on teaching and learning. ``(13) Programs funded under this part can assist the Nation to achieve America's Education Goals #3, #4, and #5, as set out in section 3 of this Act. ``purpose ``Sec. 2112. The purpose of this part is to support improvement in classroom instruction so that all students are prepared to achieve to challenging State content and student performance standards in the core academic subjects, by providing assistance to State and local educational agencies and to institutions of higher education to-- ``(1) support States and school districts in continuing the task of developing challenging content and student performance standards and aligned assessments, revising curricula and teacher certification requirements, and using challenging content and student performance standards to improve teaching and learning; ``(2) ensure that teachers and administrators have access to professional development that is aligned with challenging State content and student performance standards in the core academic subjects; ``(3) provide assistance to new teachers during their first three years in the classroom; and ``(4) support the development and acquisition of curricular materials and other instructional aids, if they are not normally provided by the local educational agency or the State as part of the regular instructional program, that will advance local standards-based school reform efforts. ``authorizations of appropriations ``Sec. 2113. (a) Subpart 2.--For the purpose of carrying out subpart 2, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``(b) Subpart 3.--For the purpose of carrying out subpart 3, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``Subpart 2--State and Local Activities ``allocations to states ``Sec. 2121. (a) Reservation of Funds.--From the amount available to carry out this subpart for any fiscal year, the Secretary shall reserve a total of one percent to provide assistance to-- ``(1) the outlying areas, which the Secretary shall distribute among them on the basis of their relative need, which they shall use to provide professional development; and ``(2) the Secretary of the Interior for professional development activities for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. ``(b) State Allocations.--After reserving funds under subsection (a), the Secretary shall allocate the remaining funds among the States as follows: ``(1) Fifty percent shall be allocated on the basis of the relative amounts the States received under subpart 2 of part A of title I for the previous fiscal year. ``(2) Fifty percent shall be allocated on the basis of the relative populations of individuals aged 5 through 17, as determined by the Secretary on the basis of the most recent data that are satisfactory to the Secretary. ``(c) Minimum State Allocation.--Notwithstanding subsection (b), the Secretary shall allocate to each State no less than one-half of 1 percent of the total amount available under that subsection. ``(d) Definition.--For the purpose of this section, the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``priority for professional development in mathematics and science ``Sec. 2122. (a) Priority.--(1) In any fiscal year for which the appropriation for this subpart is $300 million or less, each State educational agency, working jointly with the State agency for higher education, shall ensure that all funds received under this subpart are used for professional development in mathematics and science that is aligned with State content and student performance standards. ``(2) In any fiscal year for which the appropriation for this subpart is greater than $300 million, the State educational agency and the State agency for higher education shall jointly ensure that the total amount of funds under this subpart that they use for professional development in mathematics and science is at least as much as the allocation the State would have received if that appropriation had been $300 million. ``(b) Interdisciplinary Activities.--A State may apply funds under this subpart that it uses for activities that focus on more than one core academic subject toward meeting the requirements of subsection (a) if those activities include a strong focus on improving instruction in mathematics or science. ``(c) Additional Funds.--Each State educational agency and State agency for higher education shall jointly ensure that any funds in excess of the amount required by subsection (a) to be spent on professional development in mathematics or science are used to provide professional development activities in one or more of the core academic subjects. ``state application ``Sec. 2123. (a) Applications Required.--(1) Each State desiring to receive its allocation under this subpart shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(2) The State educational agency shall develop the State application-- ``(A) in consultation with the State agency for higher education, community-based and other nonprofit organizations of demonstrated effectiveness in professional development, and institutions of higher education; and ``(B) with the extensive participation of teachers, teacher educators, school administrators, and content specialists. ``(b) Contents.--Each such application shall include-- ``(1) a description of how the State educational agency will use all funds received under this subpart, including funds reserved for State-level activities under section 2126, to implement State plans or policies that support comprehensive standards-based education reform through the following strategies: ``(A) Supporting the alignment of curricula, assessments, and professional development with challenging State and local content and student performance standards. ``(B) Providing professional development, aligned with State content and student performance standards in core academic subjects. ``(C) Ensuring that teachers employed by local educational agencies are proficient in content knowledge and teaching skills; ``(2) a description of how the State educational agency will coordinate activities funded under this subpart with professional development activities that are supported with funds from other relevant Federal and non-Federal programs; ``(3) a description of how the State educational agency will ensure that all recipients of funds under this subpart report on the program performance indicators identified by the Secretary under section 2136; ``(4) a list of any additional indicators of program performance, beyond those required under this subpart, on which the State educational agency and State agency for higher education will require recipients to report, and a description of how those State agencies will use the information collected to improve program performance; and ``(5) a description of the process the State educational agency will use to make competitive awards to local educational agencies under section 2128, including a description of-- ``(A) the State's criteria for classifying local educational agencies as among those having the greatest need for services provided under this subpart and its justification for those criteria; ``(B) the State's strategies for ensuring that local educational agencies that have historically had little success in competing for funds are provided a reasonable opportunity to compete for subgrants; ``(C) the State's criteria for determining the amounts that it will award to recipients and the criteria for providing noncompetitive renewals of subgrants; and ``(D) the technical assistance that the State educational agency will provide, under section 2128(e)(2), to local educational agencies that it identifies as having the greatest need for services and that fail to receive an award under this subpart. ``(c) Approval.--The Secretary shall, using a peer-review process, approve a State application if it meets the requirements of this section and holds reasonable promise of achieving the purpose described in section 2112. ``annual state reports ``Sec. 2124. Each State that receives funds under this subpart shall annually report to the Secretary, by such deadline as the Secretary may establish, with the first such report due by October 1, 2001-- ``(1) on its activities under this subpart; ``(2) on the progress of recipients of subgrants under this subpart against such program performance indicators as the Secretary may identify under section 2136 and against any additional indicators included in the State's application; and ``(3) such other information as the Secretary may reasonably require. ``within-state allocations ``Sec. 2125. (a) State Administration and State-Level Activities.-- (1) Each State educational agency may reserve not more than a total of 10 percent of the amount it receives under this subpart for any fiscal year for-- ``(A) its costs of administering this subpart; ``(B) the State-level activities described in section 2126; and ``(C) evaluations of the effectiveness of activities under this part, including effectiveness as measured against such indicators of program performance as the Secretary may identify under section 2136. ``(2) A State educational agency may use not more than one third of the amount reserved under paragraph (1) for administration of this subpart, including any costs of conducting subgrant competitions under section 2128. ``(b) Reservation for State Agency for Higher Education.--For the purpose of carrying out section 2127 for any fiscal year, each State educational agency shall make available to the State agency for higher education an amount equal to what the State's allocation would be if the amount appropriated for this subpart were $60 million. ``(c) Subgrants to Local Educational Agencies.--Each State educational agency shall use the remaining funds to make subgrants to local educational agencies as follows: ``(1) Fifty percent shall be allocated to local educational agencies in proportion to the relative numbers of children, aged 5 through 17, from families below the poverty level who reside in the jurisdictions served by those agencies. ``(2) Fifty percent shall be used to provide additional funds to local educational agencies on a competitive basis under section 2128. ``state-level activities ``Sec. 2126. Each State shall use funds it reserves under section 2125(a)(1)(B) to carry out activities described in its approved application that promote high-quality classroom instruction, such as-- ``(1) supporting the continued improvement of State content and student performance standards and assessments aligned with those standards; ``(2) providing technical assistance and other services to increase the capacity of local educational agencies and schools to develop and implement systemic local improvement plans, implement State and local assessments, and develop curricula consistent with State and local content and performance standards; ``(3) supporting the development and improvement of performance-based accountability and incentive systems for schools; ``(4) supporting the development and implementation, at the local educational agency and school-building level, of improved systems for recruiting, selecting, hiring, mentoring, supporting, evaluating, and rewarding teachers and principals; ``(5) redesigning and strengthening professional licensure systems for educators; ``(6) developing and implementing professional development opportunities for teachers, principals, and other educators based on State content and student performance standards; ``(7) developing performance-based assessment systems for full teacher licensure; ``(8) establishing, expanding, or improving rigorous alternative routes to State certification or licensure; ``(9) developing or strengthening assessments to test the content knowledge and teaching skills of new teachers; ``(10) creating a statewide network to provide potential teachers with access to information on job openings and required qualifications, and with access to on-line applications; ``(11) supporting the work of a broad-based Statewide panel that promotes comprehensive education reform; and ``(12) meeting the requirements of part B of title XI of this Act, except for the development of policies on school discipline. ``subgrants to partnerships of institutions of higher education and local educational agencies ``Sec. 2127. (a) Administration.--From the funds made available to it under section 2125(b) for any fiscal year, the State agency for higher education may use not more than three and one-third percent for its expenses in administering this subpart, including conducting evaluations against such indicators of program performance as the Secretary may identify under section 2136. ``(b) Subgrants to Partnerships.--(1) The State agency for higher education shall use the remainder of those funds, in cooperation with the State educational agency, to make subgrants to, or enter into contracts or cooperative agreements with, institutions of higher education or nonprofit organizations of demonstrated effectiveness in providing professional development in the core academic subjects. ``(2) Each subgrant under this section shall be-- ``(A) of sufficient size and duration to carry out the purpose of this subpart effectively; ``(B) awarded, using a peer-review process, on a competitive basis; and ``(C) for a period of three years, which the State agency for higher education shall extend for an additional two years if it determines that substantial progress is being made toward meeting the specific goals set out in the written agreements required by subsection (c) and against such indicators of program performance as the Secretary may identify under section 2136. ``(3) In making subgrants, the State agency for higher education shall give a priority to projects that focus on induction programs for new teachers. ``(4) In making subgrants, the State agency for higher education shall consider-- ``(A) the need for the proposed professional development activities in the local educational agency or agencies with which the institution or organization has an agreement under subsection (c), as demonstrated by measurable indicators, such as those described in section 2128(c) and those identified by the Secretary under section 2136; ``(B) the quality of the proposed program and its likelihood of success in improving classroom instruction and student academic achievement; and ``(C) such other criteria as it finds appropriate. ``(c) Local Educational Agencies as Required Partners.--(1) No institution of higher education or nonprofit organization may receive a subgrant under this section unless it enters into a written agreement with at least one local educational agency to provide professional development for elementary and secondary school teachers in the schools of that agency in the core academic subjects. ``(2) Each such agreement shall identify specific goals for how the professional development that the subgrantee provides will enhance the ability of those teachers to prepare all students to achieve to challenging State and local content and student performance standards. ``(d) Coordination.--Any professional development activities carried out under this section shall be coordinated with activities carried out under title II of the Higher Education Act of 1965, if the local educational agency or institution of higher education is participating in programs funded under that title. ``(e) Joint Efforts Within Institutions of Higher Education.--Each activity assisted under this section shall involve the joint effort of the institution of higher education's school or department of education and the school or departments in the specific disciplines in which the professional development will be provided. ``(f) Uses of Funds.--A recipient of funds under this section shall use those funds for-- ``(1) professional development in the core academic subjects, aligned with State or local content standards, for teams of teachers from a school or local educational agency and, where appropriate, administrators and teaching assistants on a career track; ``(2) research-based programs to assist new teachers during their first three years in the classroom, which may include-- ``(A) mentoring and coaching by trained mentor teachers that lasts at least two years; ``(B) team teaching with experienced teachers; ``(C) time for observation of, and consultation with, experienced teachers; ``(D) assignment of fewer course preparations; and ``(E) provision of additional time for preparation; and ``(3) providing technical assistance to school and agency staff for planning, implementing, and evaluating professional development. ``(g) Annual Reports.--(1) Beginning with fiscal year 2002, each subgrantee under this section shall submit an annual report to the State agency for higher education, by a date set by that agency, on its progress against such indicators of program performance as the Secretary may identify under section 2136. ``(2) Each such report shall-- ``(A) include a copy of each written agreement required by subsection (c); and ``(B) describe how the subgrantee and the local educational agency have collaborated to achieve the specific goals set out in the agreement, and the results of that collaboration. ``(3) The State agency for higher education shall provide the State educational agency with a copy of each subgrantee's annual report. ``competitive local awards ``Sec. 2128. (a) In General.--Each State educational agency shall use the funds described in section 2125(c)(2) for competitive grants to local educational agencies that are primarily focused on those agencies with the greatest need for activities related to the development and effective implementation of curricula aligned with State content and student performance standards and for professional development activities that are aligned with those standards. ``(b) Selection Process.--(1) The State educational agency shall award subgrants under this section through a peer-review process that includes reviewers who are knowledgeable in the academic content areas. ``(2) The State educational agency shall-- ``(A) provide local educational agencies and the general public with a list of the selection criteria that the State educational agency will use in making subgrants; and ``(B) at the completion of the awards process, make public a complete list of applicants and of the applicants that received awards. ``(c) Demonstration of Need.--The State educational agency shall identify the applicants with the greatest need for services based on objective data supplied by the applicant, such as-- ``(1) the number or percentage of children who fail to meet State performance standards on assessments used for part A of title I; ``(2) the number or percentage of schools identified for school improvement under section 1116(c); ``(3) the number or percentage of teachers employed who have not received full State certification or licensure; ``(4) the number or percentage of secondary-school teachers whose primary teaching assignment is in a core academic subject for which the teacher does not have an academic major or minor in the subject area or a related field; ``(5) the number or percentage of students living in poverty; ``(6) the number or percentage of students who have limited English proficiency; and ``(7) the applicant's fiscal capacity to fund programs described in this section without Federal assistance. ``(d) Selection of Subgrantees.--The State educational agency shall make awards to applicants based on-- ``(1) the quality of the applicant's proposal and the likelihood of its success in improving classroom instruction and student academic achievement; and ``(2) the demonstrated need of the applicant under subsection (c). ``(e) Opportunity To Compete.--(1) To ensure that local educational agencies that have the greatest need are provided a reasonable opportunity to compete for an award, State educational agencies shall adopt at least one of, or a strategy similar to at least one of, the following strategies: ``(A) Holding more than one competition for funds from a fiscal year and, before each subsequent competition, providing technical assistance in developing a high-quality application to districts it identifies as having the greatest need that were unsuccessful in the initial grant competition. ``(B) Holding a competition restricted to local educational agencies that it has identified as having the greatest need for services. ``(C) Requiring recipients seeking a renewal of their awards to form a partnership with an applicant that failed to receive an award. ``(D) Providing a competitive priority to those districts it has identified as having the greatest need for services. ``(2) At a minimum, a State educational agency shall, after the completion of an award cycle and before the start of the next cycle, provide any applicant local educational agency that met its criteria for greatest need for services, but that did not receive a subgrant, with technical assistance in developing a high-quality application for future competitions. ``(f) Scope of Projects.--The State educational agency shall approve only applications for projects that are of sufficient size, scope, and quality to achieve the purpose of this part. ``(g) Duration of Subgrants.--Each subgrant under this section shall be for a period of three years, which the State educational agency shall extend for an additional two years if it determines that the local educational agency is making substantial progress toward meeting the specific goals in its plan described in section 2129(c)(1) and against such indicators of program performance as the Secretary may identify under section 2136. ``local applications ``Sec. 2129. (a) Application Required.--A local educational agency that wishes to receive a subgrant under this subpart shall submit an application to the State educational agency containing such information as the State educational agency may reasonably require. ``(b) Plan.--(1) Each such application shall include a district- wide plan for raising student achievement against State standards through each of the following strategies: ``(A) Supporting the alignment of curricula, assessments, and professional development with challenging State and local content standards. ``(B) Providing professional development in core academic content areas. ``(C) Carrying out activities to assist new teachers during their first three years in the classroom. ``(D) Ensuring that teachers employed by the local educational agency are proficient in teaching skills and in the content knowledge needed to effectively teach the content called for by State standards. ``(2) Each plan under paragraph (1) shall be data-driven and based on results of assessments of student performance that the local educational agency is using under title I. ``(c) Additional Contents.--Each such application shall also-- ``(1) identify specific, measurable goals for achieving the purpose described in section 2112 that, at a minimum, reflect the performance indicators identified by the Secretary under section 2136; ``(2) describe how the local educational agency will address the needs of high-poverty, low-performing schools within its jurisdiction; ``(3) describe how the local educational agency will address the needs of teachers of students with limited English proficiency and other students with special needs; ``(4) include an assurance that the local educational agency will collect data that measure progress toward the indicators of program performance identified by the Secretary under section 2136; ``(5) describe how the local educational agency will coordinate funds under this subpart with the professional development activities funded through other State and Federal programs; ``(6) describe how the local educational agency will use funds described in section 2125(c)(1) to help implement the plan described in subsection (b); and ``(7) if applying for a competitive subgrant under section 2128, describe how it will use the additional funds under that section to support implementation of that plan. ``(d) Approval.--Notwithstanding section 2125(c)(1)-- ``(1) a State educational agency shall approve a local educational agency's application under this section only if it determines that it holds reasonable promise of achieving the purpose described in section 2112; and ``(2) shall continue to provide funds to a local educational agency under section 2125(c)(1) after its third year of participation only if it determines that the local educational agency has made substantial progress toward meeting the specific goals in its plan described in section 2129(c)(1) and against such indicators of program performance as the Secretary may identify under section 2136. ``(e) Duration.--(1) An application approved under this section shall remain in effect for the duration of a local educational agency's participation in the program under this subpart. ``(2) A local educational agency shall annually review its plan, revise it as necessary, and submit any such revisions to the State educational agency for its approval. ``uses of funds ``Sec. 2130. A local educational agency that receives funds under this subpart shall use those funds for activities to raise student achievement against challenging State standards, in accordance with its plan described in section 2129(b), which may include-- ``(1) professional development in the core academic subjects that provides educators with content and pedagogical skills to prepare all students to achieve to challenging State and local content and student performance standards; ``(2) school-based collaborative efforts among teachers to improve instruction in core academic subject areas, including programs that facilitate teacher observation and analyses of fellow teachers' classroom practice to improve instruction; ``(3) sustained collaboration that takes place over the course of at least one school year among teachers and outside experts to improve instruction in core academic subject areas; ``(4) teacher participation in working groups, task forces, or committees charged with adapting and implementing high standards for all students, including district-wide and school- based teams of teachers charged with aligning curricula and lesson plans with State content and student performance standards and assessments; ``(5) programs to assist new teachers during their first three years in the classroom, such as-- ``(A) mentoring and coaching by trained mentor teachers that lasts for at least two school years; ``(B) team teaching with experienced teachers; ``(C) time for observation of, and consultation with, experienced teachers; ``(D) assignment of fewer course preparations; and ``(E) provision of additional time for course preparation; ``(6) programs to implement peer-review processes for teachers and principals; ``(7) collaborative professional development experiences for veteran teachers based on the standards in the core academic subjects of the National Board for Professional Teaching Standards; ``(8) the participation of teams of teachers in summer institutes and summer immersion activities that are focused on preparing teachers to bring all students to high standards in one or more of the core academic subjects; ``(9) the establishment and maintenance of local professional networks that provide a forum for interaction among teachers and that allow for the exchange of information on advances in content and pedagogy; ``(10) the development of incentives to encourage teachers employed by the agency, and other qualified individuals, to obtain proficiency in content knowledge in a core academic subject area identified by the agency as having a shortage of qualified teachers; ``(11) the development and acquisition of curricular materials and other instructional aids, if they are not normally provided by the local educational agency or the State as part of the regular instructional program, that will advance local reform efforts to raise student achievement against State and local content and student performance standards; and ``(12) the development and distribution of school and agency report cards on the status of education and educational progress, as required by section 11206. ``local accountability ``Sec. 2131. (a) Annual Reports.--Each local educational agency that receives funds under this subpart shall make publicly available and submit to the State educational agency every year, beginning in fiscal year 2002, a report on its activities under this subpart, in such form and containing such information as the State educational agency may reasonably require. ``(b) Contents.--The report shall contain, at a minimum-- ``(1) information on progress across the local educational agency against such indicators of program performance as the Secretary may identify under section 2136; ``(2) information on progress across the local educational agency toward achieving the specific goals described in section 2129(c)(1); ``(3) data disaggregated by school-poverty level as defined by the Secretary; and ``(4) a description of the methodology used to gather the data. ``local cost-sharing requirement ``Sec. 2132. (a) Funds Awarded by Formula.--The Federal share of activities carried out under this subpart with funds awarded by formula under section 2125(c)(1) shall not exceed 67 percent for any fiscal year. ``(b) Other Funds.--The Federal share of activities carried out under this subpart with funds awarded under section 2125(c)(2) shall not exceed-- ``(1) 85 percent during the first year of the subgrant; ``(2) 75 percent during the second year; ``(3) 65 percent during the third year; ``(4) 55 percent during the fourth year; and ``(5) 50 percent during the fifth year. ``(c) Services to Private School Students and Teachers.-- Notwithstanding subsections (a) and (b), the Federal share of the cost of providing services to students and teachers in private schools, in accordance with section 11803 through 11806, may be up to 100 percent. ``(d) Available Resources for Cost-Sharing.--A local educational agency may meet its obligations under subsections (a) or (b) through one or more of the following: ``(1) Cash expenditures from non-Federal sources, including private contributions. ``(2) Services provided in kind, fairly evaluated. ``(3) Release time for participating teachers. ``(4) Funds received under other Federal statutes and programs, if used in a manner consistent with those statutes and programs and for the benefit of students and teachers that would otherwise have been served with those funds. ``maintenance of effort ``Sec. 2133. No funds may be provided to a local educational agency under this subpart unless the State educational agency is satisfied that the local educational agency will spend, from other sources, at least as much for professional development activities described in this subpart as the average amount it spent from other sources for those activities over the previous three years. ``equipment and textbooks ``Sec. 2134. A local educational agency may not use subgrant funds under this subpart for equipment, computer hardware, textbooks, telecommunications fees, or other items, that would otherwise be provided by the local educational agency, the State, or a private school whose students receive services under this part. ``supplement, not supplant ``Sec. 2135. A local educational agency that receives funds under this subpart shall use those funds only to supplement the amount of funds or resources that would, in the absence of those Federal funds, be made available from non-Federal sources for the purposes of the program authorized under this subpart, and not to supplant those non- Federal funds or resources. ``program performance indicators ``Sec. 2136. Not later than three months after the effective date of the amendments to this title made by the Educational Excellence for All Children Act of 1999, the Secretary shall, in collaboration with States, local educational agencies, and institutions of higher education, identify indicators of program performance under this subpart, against which recipients of funds under this subpart shall report their progress, in such manner as the Secretary may determine. ``definitions ``Sec. 2137. As used in this subpart, the following terms have the following meanings: ``(1) Core academic subjects.--The term `core academic subjects' means-- ``(A) mathematics; ``(B) science; ``(C) reading (or language arts) and English; ``(D) social studies (history, civics/government, geography, and economics); ``(E) foreign languages; and ``(F) fine arts (music, dance, drama, and the visual arts). ``(2) High-poverty local educational agency.--The term `high-poverty local educational agency' has the meaning given that term in section 2217(1). ``(3) Low-performing school.--The term `low-performing school' means-- ``(A) a school identified by a local educational agency for school improvement under section 1116(c); or ``(B) a school in which the great majority of students fail to meet State student performance standards based on assessments the local educational agency is using under part A of title I. ``(4) Professional development.--The term `professional development' means sustained and intensive activities that improve teachers' content knowledge and teaching skills and that-- ``(A) enhance the ability of teachers to help all students, including children with disabilities, children with limited English proficiency and economically disadvantaged children, reach high State and local content and student performance standards; ``(B) advance teacher understanding of one or more of the core academic subject areas and effective instructional strategies for improving student achievement in those areas; ``(C) are of sufficient duration to have a positive and lasting impact on classroom instruction; ``(D) are an integral part of broader school and district-wide plans for raising student achievement to State and local standards; ``(E) are based on the best available research on teaching and learning; ``(F) include professional development activities that involve collaborative groups of teachers and administrators from the same school or district and, to the greatest extent possible, include follow-up and school-based support such as coaching or study groups; and ``(G) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student achievement, with the findings of such evaluations used to improve the quality of professional development. ``Subpart 3--National Activities for the Improvement of Teaching and School Leadership ``program authorized ``Sec. 2141. (a) In General.--The Secretary is authorized to make grants to, and to enter into contracts and cooperative agreements with, local educational agencies, educational service agencies, State educational agencies, State agencies for higher education, institutions of higher education, and other public and private nonprofit agencies, organizations, and institutions to carry out subsection (b). ``(b) Activities.--The Secretary-- ``(1) may support activities of national significance that are not supported through other sources and that the Secretary determines will contribute to the improvement of teaching and school leadership in the Nation's schools, such as-- ``(A) supporting collaborative efforts by States, or consortia of States, to review and benchmark the quality, rigor and alignment of State standards and assessments; ``(B) supporting the development of models, at the State and local levels, of innovative compensation systems that-- ``(i) provide incentives for talented individuals who have a strong knowledge of academic content to enter teaching; and ``(ii) reward experienced teachers who acquire new knowledge and skills that are needed in the schools and districts in which they teach; and ``(C) supporting collaborative efforts by States, or consortia of States, to develop performance-based systems for assessing content knowledge and teaching skills prior to full teacher licensure; ``(2) may support activities of national significance that the Secretary determines will contribute to the recruitment and retention of highly qualified teachers and principals in high- poverty local educational agencies, such as-- ``(A) the development and implementation of a national teacher recruitment clearinghouse and job bank, which shall be coordinated and, to the extent feasible, integrated with the America's Job Bank administered by the Secretary of Labor, to-- ``(i) disseminate information and resources nationwide on entering the teaching profession to persons interested in becoming teachers; ``(ii) serve as a national resource center for effective practices in teacher recruitment and retention; ``(iii) link prospective teachers to local educational agencies and training resources; and ``(iv) provide information and technical assistance to prospective teachers about certification and other State and local requirements related to teaching; ``(B) the development and implementation, or expansion, of programs that recruit talented individuals to become principals, including such programs that employ alternative routes to State certification, and that prepare both new and experienced principals to serve as instructional leaders, which may include the creation and operation of a national center for the preparation and support of principals as leaders of school reform; ``(C) efforts to increase the portability of teacher pensions and reciprocity of teaching credentials across State lines; ``(D) research, evaluation, and dissemination activities related to effective strategies for increasing the portability of teachers' credited years of experience across State and school district lines; and ``(E) the development and implementation of national or regional programs to-- ``(i) recruit highly talented individuals to become teachers, through alternative certification routes, in high-poverty local educational agencies; and ``(ii) help retain those individuals as classroom teachers in those local educational agencies for more than three years; ``(3) shall carry out a national evaluation of the effect of activities under this part, including changes in instructional practice and objective measures of student achievement; ``(4) may support the National Board for Professional Teaching Standards; and ``(5) shall support the Eisenhower National Clearinghouse for Mathematics and Science Education under section 2142. ``eisenhower national clearinghouse for mathematics and science education ``Sec. 2142. (a) Establishment of Clearinghouse. The Secretary shall award a competitive grant or contract to establish the Eisenhower National Clearinghouse for Mathematics and Science Education (hereafter in this section referred to as `the Clearinghouse'). ``(b) Authorized Activities.-- (1) Application and award basis.--(A) Each entity desiring to establish and operate the Clearinghouse shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) The Secretary shall establish a peer-review process to make recommendations on the recipient of the award for the Clearinghouse. ``(C) The Secretary shall make the award for the Clearinghouse on the basis of merit. ``(2) Duration.--The Secretary shall award the grant or contract for the Clearinghouse for a period of five years. ``(3) Activities.--The award recipient shall use the award funds to-- ``(A) maintain a permanent collection of such mathematics and science education instructional materials and programs for elementary and secondary schools as the Secretary finds appropriate, with a priority for such materials and programs that have been identified as promising or exemplary, through a systematic approach such as the use of expert panels required under the Educational Research, Development, Dissemination, and Improvement Act of 1994; ``(B) disseminate the materials and programs described in paragraph (1) to the public, State educational agencies, local educational agencies, and schools (particularly high-poverty, low-performing schools), including through the maintenance of an interactive national electronic information management and retrieval system accessible through the Worldwide Web and other advanced communications technologies; ``(C) coordinate with other databases containing mathematics and science curriculum and instructional materials, including Federal, non-Federal, and, where feasible, international databases; ``(D) using not more than ten percent of the amount awarded under this section for any fiscal year, participate in collaborative meetings of representatives of the Clearinghouse and the regional consortia established under section 2424 of this title to-- ``(i) discuss issues of common interest and concern; ``(ii) foster effective collaboration and cooperation in acquiring and distributing curriculum materials and programs; and ``(iii) coordinate and enhance computer network access to the Clearinghouse and the resources of the regional consortia; ``(E) support the development and dissemination of model professional development materials in mathematics and science education; ``(F) contribute materials or information, as appropriate, to other national repositories or networks; and ``(G) gather qualitative and evaluative data on submissions to the Clearinghouse, and disseminate that data widely, including through the use of electronic dissemination networks. ``(4) Submission to clearinghouse.--Each Federal agency or department that develops mathematics or science education instructional materials or programs, including the National Science Foundation and the Department, shall submit copies of that material and those programs to the Clearinghouse. ``(5) Steering committee.--The Secretary may appoint a steering committee to recommend policies and activities for the Clearinghouse. ``(6) Application of copyright laws.--(A) Nothing in this section shall be construed to allow the use or copying, in any medium, of any material collected by the Clearinghouse that is protected under the copyright laws of the United States unless the permission of the owner of the copyright is obtained. ``(B) In carrying out this section, the Clearinghouse shall ensure compliance with title 17 of the United States Code. ``Part B--Transition to Teaching; Troops to Teachers ``findings ``Sec. 2211. The Congress finds as follows: ``(1) School districts will need to hire more than 2 million teachers in the next decade. The need for teachers in the areas of math, science, foreign languages, special education, and bilingual education, and for those able to teach in high-poverty school districts will be particularly high. To meet this need, talented Americans of all ages should be recruited to become successful, qualified teachers. ``(2) Nearly 13 percent of teachers of academic subjects have neither an undergraduate major nor minor in their main assignment fields. This problem is more acute in high-poverty schools, where the out-of-field percentage is 22 percent. ``(3) The Third International Math and Science Study (TIMSS) ranked U.S. high school seniors last among 16 countries in physics and next to last in math. It is also evident, mainly from the TIMSS data, that based on academic scores, a stronger emphasis needs to be placed on the academic preparation of our children in math and science. ``(4) One-fourth of high-poverty schools find it very difficult to fill bilingual teaching positions, and nearly half of public school teachers have students in their classrooms for whom English is a second language. ``(5) Many career-changing professionals with strong content-area skills are interested in a teaching career, but need assistance in getting the appropriate pedagogical training and classroom experience. ``(6) The Troops to Teachers model has been highly successful in linking high-quality teachers to teach in high- poverty school districts. ``purpose ``Sec. 2212. The purpose of this part is to address the need of high-poverty school districts for highly qualified teachers in particular subject areas, such as mathematics, science, foreign languages, bilingual education, and special education needed by those school districts, by-- ``(1) continuing and enhancing the Troops to Teachers model for recruiting and supporting the placement of such teachers; and ``(2) recruiting, preparing, placing, and supporting career-changing professionals who have knowledge and experience that will help them become such teachers. ``program authorized ``Sec. 2213. (a) Authority.--Subject to subsection (b), the Secretary is authorized to use funds appropriated under subsection (c) for each fiscal year to award grants, contracts, or cooperative agreements to institutions of higher education and public and private nonprofit agencies or organizations to carry out programs authorized by this part. ``(b) Troops to Teachers.--(1) Before making awards under subsection (a) for any fiscal year, the Secretary shall first-- ``(A) consult with the Secretary of Defense and the Secretary of Transportation regarding the appropriate amount of funding needed to continue and enhance the Troops to Teachers program; and ``(B) upon agreement, transfer that amount to the Department of Defense to carry out the Troops to Teachers program. ``(2) The Secretary may enter into a written agreement with the Departments of Defense and Transportation, or take such other steps as the Secretary determines are appropriate to ensure effective continuation of the Troops to Teachers program. ``(c) Authorization of Appropriations.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``application ``Sec. 2214. Each applicant that desires an award under section 2213(a) shall submit an application to the Secretary containing such information as the Secretary may require, including-- ``(1) a description of the target group of career-changing professionals upon which the applicant will focus in carrying out its program under this part, including a description of the characteristics of that target group that shows how the knowledge and experience of its members are relevant to meeting the purpose of this part; ``(2) a description of how the applicant will identify and recruit program participants; ``(3) a description of the training that program participants will receive and how that training will relate to their certification as teachers; ``(4) a description of how the applicant will ensure that program participants are placed and teach in high-poverty local educational agencies; ``(5) a description of the teacher induction services (which may be provided through existing induction programs) the program participants will receive throughout at least their first year of teaching; ``(6) a description of how the applicant will collaborate, as needed, with other institutions, agencies, or organizations to recruit, train, place, and support program participants under this part, including evidence of the commitment of those institutions, agencies, or organizations to the applicant's program; ``(7) a description of how the applicant will evaluate the progress and effectiveness of its program, including-- ``(A) the program's goals and objectives; ``(B) the performance indicators the applicant will use to measure the program's progress; and ``(C) the outcome measures that will be used to determine the program's effectiveness; and ``(8) an assurance that the applicant will provide to the Secretary such information as the Secretary determines necessary to determine the overall effectiveness of programs under this part. ``uses of funds and period of service ``Sec. 2215. (a) Authorized Activities.--Funds under this part may be used for-- ``(1) recruiting program participants, including informing them of opportunities under the program and putting them in contact with other institutions, agencies, or organizations that would train, place, and support them; ``(2) training stipends and other financial incentives for program participants, such as moving expenses, not to exceed $5,000, in the aggregate, per participant; ``(3) assisting institutions of higher education or other providers of teacher training to tailor their training to meet the particular needs of professionals who are changing their careers to teaching; ``(4) placement activities, including identifying high- poverty local educational agencies with needs for the particular skills and characteristics of the newly trained program participants and assisting those participants to obtain employment in those local educational agencies; and ``(5) post-placement induction or support activities for program participants. ``(b) Period of Service.--A program participant in a program under this subpart who completes his or her training shall serve in a high- poverty local educational agency for at least three years. ``(c) Repayment.--The Secretary shall establish such requirements as the Secretary determines appropriate to ensure that program participants who receive a training stipend or other financial incentive under subsection (a)(2), but fail to complete their service obligation under subsection (b), repay all or a portion of such stipend or other incentive. ``equitable distribution ``Sec. 2216. To the extent practicable, the Secretary shall make awards under this part that support programs in different geographic regions of the Nation. ``definitions ``Sec. 2217. As used in this part-- ``(1) the term `high-poverty local educational agency' means a local educational agency in which the percentage of children, ages 5 through 17, from families below the poverty level is 20 percent or greater, or the number of such children exceeds 10,000; and ``(2) the term `program participants' means career-changing professionals who-- ``(A) hold at least a baccalaureate degree; ``(B) demonstrate interest in, and commitment to, becoming a teacher; and ``(C) have knowledge and experience that is relevant to teaching a high-need subject area in a high-poverty local educational agency. ``Part C--Early Childhood Educator Professional Development ``purpose ``Sec. 2301. In support of the national effort to attain the first of America's Education Goals, as set out in section 2(c)(1) of this Act, the purpose of this part is to enhance the school readiness of young children, particularly disadvantaged young children, and to prevent them from encountering reading difficulties once they enter school, by improving the knowledge and skills of early childhood educators who work in communities that have high concentrations of children living in poverty. ``program authorized ``Sec. 2302. (a) Eligible Partnerships.--The Secretary shall carry out the purpose of this part through competitive grants to partnerships consisting of-- ``(1) either-- ``(A) one or more institutions of higher education that provide professional development for early childhood educators who work with children from low- income families in high-need communities; or ``(B) another public or private, nonprofit entity that provides such professional development; and ``(2) one or more public agencies (including local educational agencies, State educational agencies, State human services agencies, and State and local agencies administering programs under the Child Care and Development Block Grant Act of 1990); Head Start agencies; or private, nonprofit organizations. ``(b) Priority.--In selecting grantees under this part, the Secretary shall give priority to applications from partnerships that include one or more local educational agencies that operate early childhood education programs for children from low-income families in high-need communities. ``(c) Duration of Grants.--(1) Each grant under this part shall be for up to four years. ``(2) No grantee may receive more than one grant under this part. ``applications ``Sec. 2303. (a) Applications Required.--Any eligible applicant that desires to receive a grant under this part shall submit an application at such time, in such manner, and containing such information as the Secretary may require. ``(b) Contents.--Each such application shall include-- ``(1) a description of the high-need community to be served by the project, including such demographic and socioeconomic information as the Secretary may request; ``(2) information on the quality of the early childhood educator professional development program currently conducted by the institution of higher education or other provider in the partnership; ``(3) the results of the assessment that the entities in the partnership have undertaken to determine the most critical professional development needs of the early childhood educators to be served by the partnership and in the broader community, and a description of how the proposed project will address those needs; ``(4) a description of how the proposed project will be carried out, including-- ``(A) how individuals will be selected to participate; ``(B) the types of research-based professional development activities that will be carried out; ``(C) how research on effective professional development and on adult learning will be used to design and deliver project activities; ``(D) how the project will coordinate with and build on, and will not supplant or duplicate, early childhood education professional development activities that exist in the community; ``(E) how the project will train early childhood educators to provide services that are based on the best available research on child, language, and literacy development and on early childhood pedagogy; and ``(F) how the program will train early childhood educators to meet the diverse educational needs of children in the community, including children who have limited English proficiency, disabilities, or other special needs; ``(5) a description of-- ``(A) the specific objectives that the applicant will seek to attain through the project, and how the applicant will measure progress toward attainment of those objectives; and ``(B) how the objectives and the measurement activities align with the performance indicators established by the Secretary under section 2306(a); ``(6) a description of the applicant's plan for institutionalizing the activities carried out under the project, so that they continue once Federal funding ceases; ``(7) an assurance that, where applicable, the project will provide appropriate professional development to volunteer staff, as well as to paid staff; and ``(8) an assurance that, in developing its application and in carrying out its project, it has consulted with, and will consult with, relevant agencies and organizations described in section 2302(a)(2) that are not members of the partnership. ``selection of grantees ``Sec. 2304. (a) Criteria.--The Secretary shall select applicants to receive funding on the basis of the community's need for assistance and the quality of the applications. ``(b) Geographic Distribution.--In selecting grantees, the Secretary shall seek to ensure that communities in different regions of the Nation, as well as both urban and rural communities, are served. ``uses of funds ``Sec. 2305. (a) In General.--Each recipient of a grant under this part shall use the grant funds to carry out activities that will improve the knowledge and skills of early childhood educators who are working in early childhood programs that are located in high-need communities and serve concentrations of children from low-income families. ``(b) Allowable Activities.--Allowable activities include, but are not limited to-- ``(1) professional development for individuals working as early childhood educators, particularly to familiarize those individuals with recent research on child, language, and literacy development and on early childhood pedagogy; ``(2) professional development for early childhood educators in working with parents, based on the best current research on child, language, and literacy development and parent involvement, so that they can prepare their children to succeed in school; ``(3) professional development for early childhood educators to work with children who have limited English proficiency, disabilities, and other special needs; ``(4) activities that assist and support early childhood educators during their first three years in the field; ``(5) development and implementation of early childhood educator professional development programs that make use of distance learning and other technologies; and ``(6) data collection, evaluation, and reporting needed to meet the requirements of this part relating to accountability. ``accountability ``Sec. 2306. (a) Performance Indicators.--Simultaneously with the publication of any application notice for grants under this part, the Secretary shall announce performance indicators for this part, which shall be designed to measure-- ``(1) the quality of the professional development provided; ``(2) the impact of that professional development on the early childhood education provided by the individuals who are trained; and ``(3) such other measures of program impact as the Secretary determines appropriate. ``(b) Annual Reports.--(1) Grantees shall report annually to the Secretary on their progress against the performance indicators. ``(2) The Secretary may terminate a grant at any time if he determines that the grantee is not making satisfactory progress against those indicators. ``cost-sharing ``Sec. 2307. (a) In General.--Each grantee shall provide, from other sources, which may include other Federal sources-- ``(1) at least 50 percent of the total cost of its project for the grant period; and ``(2) at least 20 percent of the project cost in each year. ``(b) Acceptable Contributions.--A grantee may meet the requirement of subsection (a) through cash or in-kind contributions, fairly valued. ``(c) Waivers.--The Secretary may waive or modify the requirements of subsection (a) in cases of demonstrated financial hardship. ``definitions ``Sec. 2308. As used in this part, the following terms have the following meanings: ``(1)(A) The term `high-need community' means-- ``(i) a municipality, or portion of a municipality, in which at least 50 percent of children are from low- income families; or ``(ii) a municipality that is one of the 10 percent of municipalities within its State having the greatest numbers of those children. ``(B) In determining which communities are described in subparagraph (A), the Secretary shall use such data as he determines are most accurate and appropriate. ``(2) The term `low-income family' means a family with an income below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available. ``(3) The term `early childhood educator' means a person who provides care and education to children at any age from birth through kindergarten. ``federal coordination ``Sec. 2309. The Secretary and the Secretary of Health and Human Services shall coordinate activities under this part and other early childhood programs administered by the two Secretaries. ``authorization of appropriations ``Sec. 2310. For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years. ``Part D--Technical Assistance Programs ``findings ``Sec. 2401. The Congress finds that-- ``(1) sustained, high-quality technical assistance that responds to State and local demand, supported by widely disseminated, research-based information on what constitutes high-quality technical assistance and how to identify high- quality technical assistance providers, can enhance the opportunity for all children to achieve to challenging State academic content and student performance standards; ``(2) an integrated system for acquiring, using, and supplying technical assistance is essential to improving programs and affording all children this opportunity; ``(3) States, local educational agencies, tribes, and schools serving students with special needs, such as educationally disadvantaged students and students with limited English proficiency, have clear needs for technical assistance in order to use funds under this Act to provide those students with opportunities to achieve to challenging State academic content standards and student performance standards; ``(4) current technical assistance and dissemination efforts are insufficiently responsive to the needs of States, local educational agencies, schools, and tribes for help in identifying their particular needs for technical assistance and developing and implementing their own integrated systems for using the various sources of funding for technical assistance activities under this Act (as well as other Federal, State, and local resources) to improve teaching and learning and to implement more effectively the programs authorized by this Act; and ``(5) the Internet and other forms of advanced telecommunications technology are an important means of providing information and assistance in a cost-effective way. ``purpose ``Sec. 2402. The purpose of this part is to create a comprehensive and cohesive, national system of technical assistance and dissemination that is based on market principles in responding to the demand for, and expanding the supply of, high-quality technical assistance. Such a system shall support States, local educational agencies, tribes, schools, and other recipients of funds under this Act in implementing standards-based reform and improving student performance through-- ``(1) the provision of financial support and impartial, research-based information designed to assist States and high- need local educational agencies to develop and implement their own integrated systems of technical assistance and select high-quality technical assistance activities and providers for use in those systems; ``(2) the establishment of technical assistance centers in areas that reflect identified national needs in order to ensure the availability of strong technical assistance in those areas; ``(3) the integration of all technical assistance and information dissemination activities carried out or supported by the Department of Education in order to ensure comprehensive support for school improvement; ``(4) the creation of a technology-based system, for disseminating information about ways to improve educational practices throughout the Nation, that reflects input from students, teachers, administrators, and other individuals who participate in, or may be affected by, the Nation's educational system; and ``(5) national evaluations of effective technical assistance. ``Subpart 1--Strengthening the Capacity of State and Local Educational Agencies To Become Effective, Informed Consumers of Technical Assistance ``purpose ``Sec. 2411. It is the purpose of this subpart to-- ``(1) provide grants to State and local educational agencies in order to-- ``(A) respond to the growing demand for increased local decisionmaking in determining technical assistance needs and appropriate technical assistance services; ``(B) encourage States and local educational agencies to assess their technical assistance needs, and how their various sources of funding for technical assistance under this Act and from other sources can best be coordinated to meet those needs (including their needs to collect and analyze data); ``(C) build the capacity of State and local educational agencies to use technical assistance effectively and thereby improve their ability to provide the opportunity for all children to achieve to challenging State academic content standards and student performance standards; and ``(D) assist State and local educational agencies in acquiring high-quality technical assistance; and ``(2) establish an independent source of consumer information regarding the quality of technical assistance activities and providers, in order to assist State and local educational agencies, and other consumers of technical assistance that receive funds under this Act, in selecting technical assistance activities and providers for their use. ``allocation of funds ``Sec. 2412. From the funds appropriated to carry out this subpart for any fiscal year-- ``(1) the Secretary shall first allocate one percent of such funds to the Bureau of Indian Affairs and the Outlying Areas, in accordance with their respective needs for such funds (as determined by the Secretary) to carry out activities that meet the purposes of this subpart; and ``(2) from the remainder of such funds, the Secretary shall-- ``(A) allocate two-thirds of such remainder to State educational agencies in accordance with the formula described in section 2413; and ``(B) allocate one-third of such remainder to the 100 local educational agencies with the largest number of children counted under section 1124(c), in accordance with the formula described in section 2416. ``formula grants to state educational agencies ``Sec. 2413. (a) Formula.--Subject to subsection (b), the Secretary shall allocate the funds under section 2412(2)(A) among the States in proportion to the relative amounts each State would have received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year, if the Secretary had disregarded the allocations under such subpart to local educational agencies that are eligible to receive direct grants under section 2416. ``(b) Adjustments to Allocations.--The Secretary shall adjust the allocations under subsection (a), as necessary, to ensure that, of the total amount allocated to States under subsection (a) and to local educational agencies under section 2416, the percentage allocated to a State under this section and to localities in the State under section 2416 is at least the minimum percentage for the State described in section 1124(d) for the previous fiscal year. ``(c) Reallocations.--If the Secretary determines that any amount of any State's allocation under subsection (a) (as adjusted, if necessary, under subsection (b)) will not be required for such fiscal year for carrying out the activities for which such amount has been allocated, the Secretary shall make such amount available for reallocation. Any such reallocation among other States shall occur on such dates as the Secretary shall establish, and shall be made on the basis of criteria established by regulation. Any amount reallocated to a State under this subsection for any fiscal year shall remain available for obligation during the succeeding fiscal year, and shall be deemed to be part of the State's allocation for the year in which the amount is obligated. ``state application ``Sec. 2414. (a) Application Requirements.--Each State desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Each such application shall describe-- ``(1) the State's need for, and the capacity of the State educational agency to provide, technical assistance in implementing programs under this Act (including assistance on the collection and analysis of data) and in implementing the State plan or policies for comprehensive, standards-based education reform; ``(2) how the State will use the funds provided under this subpart to coordinate all its sources of funds for technical assistance, including all sources of such funds under this Act, into an integrated system of providing technical assistance to local educational agencies, and other local recipients of funds under this Act, within the State and implement that system; ``(3) the State educational agency's plan for using funds from all sources under this Act to build its capacity, through the acquisition of outside technical assistance and other means, to provide technical assistance to local educational agencies and other recipients within the State; ``(4) how, in carrying out technical assistance activities using funds provided from all sources under this Act, the State will-- ``(A) assist local educational agencies and schools in providing high-quality education to all children served under this Act to achieve to challenging academic standards; ``(B) give the highest priority to meeting the needs of high-poverty, low-performing local educational agencies (taking into consideration any assistance that such local educational agencies may be receiving under section 2416); and ``(C) give special consideration to local educational agencies and other recipients of funds under this Act serving rural and isolated areas. ``(b) Approval.--The Secretary shall approve a State's application for funds under this subpart if it meets the requirements of subsection (a) and is of sufficient quality to meet the purposes of this subpart. In determining whether to approve a State's application, the Secretary shall take into consideration the advice of peer reviewers. The Secretary shall not disapprove any application under this section without giving the State notice and opportunity for a hearing. ``state uses of funds ``Sec. 2415. (a) In General.--The State educational agency may use funds provided under this subpart to-- ``(1) build its capacity (and the capacity of other State agencies that implement programs under this Act) to use technical assistance funds provided under this Act effectively through the acquisition of high-quality technical assistance, and the selection of high-quality technical assistance activities and providers, that meet the technical assistance needs identified by the State; ``(2) develop, coordinate, and implement an integrated system-- ``(A) that provides technical assistance to local educational agencies and other recipients of funds under this Act within the State, directly, through contracts, or through subgrants to local educational agencies, or other recipients of funds under this Act, for activities that meet the purposes of this subpart; and ``(B) that uses all sources of funds provided for technical assistance, including all sources of such funds under this Act; and ``(3) acquire the technical assistance it needs to increase opportunities for all children to achieve to challenging State academic content standards and student performance standards and to implement the State's plan or policies for comprehensive standards-based education reform. ``(b) Types of Technical Assistance.--A State's integrated system of providing technical assistance may include assistance on such activities as the following: ``(1) Implementing State standards in the classroom, including aligning instruction, curriculum, assessments, and other aspects of school reform with those standards. ``(2) Collecting, disaggregating, and using data to analyze and improve the implementation, and increase the impact, of educational programs. ``(3) Conducting needs assessments and planning intervention strategies that are aligned with State goals and accountability systems. ``(4) Planning and implementing effective, research-based reform strategies, including schoolwide reforms, and strategies for making schools safe, disciplined, and drug-free. ``(5) Improving the quality of teaching and the ability of teachers to serve students with special needs (including educationally disadvantaged students and students with limited English proficiency). ``(6) Planning and implementing strategies to promote opportunities for all children to achieve to challenging State academic content standards and student performance standards. ``grants to large local educational agencies ``Sec. 2416. (a) Formula.--The Secretary shall allocate the funds under section 2412(2)(B) among the local educational agencies described therein in proportion to the relative amounts allocated to each such local educational agency for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year. ``(b) Reallocations.--If the Secretary determines that any amount of any local educational agency's allocation under subsection (a) will not be required for such fiscal year for carrying out the activities for which such amount has been allocated, the Secretary shall make such amount available for reallocation. Any such reallocation among other local educational agencies described in section 2412(2)(B) shall occur on such dates as the Secretary shall establish, and shall be made on the basis of criteria established by regulation. Any amount reallocated to a local educational agency under this subsection for any fiscal year shall remain available for obligation during the succeeding fiscal year, and shall be deemed to be part of the local educational agency's allocation for the year in which the amount is obligated. ``local application ``Sec. 2417. (a) Application Requirements.--Each local educational agency described in section 2412(2)(B) that desires a grant under section 2416 shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Each such application shall describe-- ``(1) the local educational agency's need for technical assistance in implementing programs under this Act (including assistance on the use and analysis of data) and in implementing the State's, or its own, plan or policies for comprehensive standards-based education reform; and ``(2) how the local educational agency will use the funds provided under this subpart to coordinate all its various sources of funds for technical assistance, including all sources of such funds under this Act and from other sources, into an integrated system for acquiring and using outside technical assistance and other means of building its own capacity to provide the opportunity for all children to achieve to challenging State academic content standards and student performance standards implementing programs under this Act, and implement that system. ``(b) Approval.--The Secretary shall approve a local educational agency's application for funds under this subpart if it meets the requirements of subsection (a) and is of sufficient quality to meet the purposes of this subpart. In determining whether to approve a local educational agency's application, the Secretary shall take into consideration the advice of peer reviewers. The Secretary shall not disapprove any application under this section without giving the local educational agency notice and opportunity for a hearing. ``local uses of funds ``Sec. 2418. (a) In General.--A local educational agency described in section 2412(2)(B) may use funds provided under section 2416 to-- ``(1) build its capacity to use technical assistance funds provided under this Act effectively through the acquisition of high-quality technical assistance and the selection of high- quality technical assistance activities and providers that meet its technical assistance needs; ``(2) develop, coordinate, and implement an integrated system of providing technical assistance to its schools using all sources of funds provided for technical assistance, including all sources of such funds under this Act; and ``(3) acquire the technical assistance it needs to increase opportunities for all children to achieve to challenging State academic content standards and student performance standards and to implement the State's, or its own, plan or policies for comprehensive standards-based education reform. ``(b) Types of Technical Assistance.--A local educational agency may use funds provided under this subpart for technical assistance activities such as those described in section 2415(b). ``equitable services for private schools ``Sec. 2419. (a) Information and Training.--If a State or local educational agency uses funds under this subpart to-- ``(1) provide professional development for teachers or school administrators, it shall provide for such professional development for teachers or school administrators in private schools located in the same geographic area on an equitable basis; or ``(2) provide information about State educational goals, standards, or assessments, it shall, upon request, provide such information to private schools located in the same geographic area. ``(b) Waiver.--If a State or local educational agency is prohibited by law from complying with subsection (a)(1), or the Secretary determines it has substantially failed or is unwilling to comply with subsection (a)(1), the Secretary shall waive subsection (a)(1) and arrange for the provision of such professional development services for such teachers or school administrators, consistent with applicable State goals and standards and section 11806 of this Act. ``consumer information ``Sec. 2419A. (a) The Secretary shall, through one or more contracts, establish an independent source of consumer information regarding the quality and effectiveness of technical assistance activities and providers available to States, local educational agencies, and other recipients of funds under this Act, in selecting technical assistance activities and providers for their use. ``(b) A contract under this section may be awarded for a period of up to five years. ``(c) The Secretary may reserve, from the funds appropriated to carry out this subpart for any fiscal year, such sums as he determines necessary to carry out this section. ``authorization of appropriations ``Sec. 2419B. For purposes of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``Subpart 2--Technical Assistance Centers Serving Special Needs ``general provisions ``Sec. 2421. In addition to meeting the requirements of a particular section of this subpart, all technical assistance providers that receive funds under this subpart, all consortia that receive funds under subpart 2 of part B of title III, and the educational laboratories, and clearinghouses of the Educational Resources Information Center, supported under the Educational Research, Development, Dissemination, and Improvement Act (notwithstanding any other provision of such title or Act), shall-- ``(1) participate in a technical assistance network with the Department and other federally supported technical assistance providers in order to coordinate services and resources; ``(2) ensure that the services they provide-- ``(A) are of high quality; ``(B) are cost-effective; ``(C) reflect the best information available from research and practice, including findings and applications such as those made available through the Regional Educational Laboratories, Research and Development Centers, National Clearinghouses, and other federally supported providers of technical assistance; and ``(D) are aligned with State and local education reform efforts; ``(3) in collaboration with State educational agencies in the States served, educational service agencies (where appropriate), and representatives of high-poverty, low- performing urban and rural local educational agencies in each State served, develop a targeted approach to providing technical assistance that gives priority to providing intensive, ongoing services to high-poverty local educational agencies and schools that are most in need of raising student achievement (such as schools identified as in need of improvement under section 1116(c)); ``(4) cooperate with the Secretary in carrying out activities (including technical assistance activities authorized by other programs under this Act) such as publicly disseminating materials and information that are produced by the Department and are relevant to the purpose, expertise, and mission of the technical assistance provider; and ``(5) use technology, including electronic dissemination networks and Internet-based resources, in innovative ways to provide high-quality technical assistance. ``centers for technical assistance on the needs of special populations ``Sec. 2422. (a) Program Authority.-- (1) In general.--The Secretary is authorized to award grants, contracts, or cooperative agreements for each fiscal year to public or private nonprofit entities, or consortia of such entities, to provide for the operation of two technical assistance centers to provide training and technical assistance to State educational agencies, local educational agencies, schools, tribes, community-based organizations, and other recipients of funds under this Act concerning-- ``(A) how to address the specific linguistic, cultural, or other needs of limited English proficient, migratory, Indian, and Alaska Native students; and ``(B) educational strategies for enabling those students to achieve to challenging State academic content and performance standards. ``(2) Special expertise required.--An entity may receive an award under this section only if it demonstrates, to the satisfaction of the Secretary, that it has expertise in the areas described in paragraphs (1) (A) and (B). ``(b) Duration of Award.--Grants, contracts, or cooperative agreements under this section shall be awarded for a period of up to 5 years. ``(c) Center Requirements.-- (1) In general.--In order to assist local educational agencies and schools to provide high-quality education to the students described in subsection (a)(1)(A), so that they can achieve to challenging State academic content and performance standards, each center established under this section shall-- ``(A) maintain appropriate staff expertise; and ``(B) provide support, training, and assistance to State educational agencies, tribes, local educational agencies, schools, and other grant recipients under this Act in meeting the needs of the students described in subsection (a)(1)(A), including the coordination of other Federal programs and State and local programs, resources, and reforms. ``(2) Priority.--Each center assisted under this section shall give priority to providing services to schools, including Bureau of Indian Affairs-funded schools, that educate the students described in subsection (a)(1)(A) and have the highest percentages or numbers of children in poverty and the lowest student achievement levels. ``(d) Accountability.--To ensure the quality and effectiveness of the centers supported under this section, the Secretary shall-- ``(1) develop a set of performance indicators that assesses whether the work of the centers assists in improving teaching and learning under this Act for students described in subsection (a)(1)(A); ``(2) conduct surveys every two years of entities to be served under this section to determine if such entities are satisfied with the access to, and quality of, such services; ``(3) collect, as part of the Department's reviews of programs under this Act, information about the availability and quality of services provided by the centers, and share that information with the centers; and ``(4) take whatever steps are reasonable and necessary to ensure that each center performs its responsibilities in a satisfactory manner, which may include-- ``(A) termination of an award under this part (if the Secretary concludes that performance has been unsatisfactory) and the selection of a new center; and ``(B) whatever interim arrangements the Secretary determines are necessary to ensure the satisfactory delivery of services under this section. ``(e) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``parental information and resource centers ``Sec. 2423. (a) Program Authority.-- (1) In general.--The Secretary is authorized to award grants, contracts, or cooperative agreements for each fiscal year to nonprofit organizations that serve parents (particularly those organizations that make substantial efforts to reach low-income, minority, or limited English proficient parents) to establish parental information and resource centers that-- ``(A) coordinate the efforts of Federal, State, and local parent education and family involvement initiatives; and ``(B) provide training, information, and support to-- ``(i)(I) State educational agencies; ``(II) local educational agencies, particularly local educational agencies with high-poverty and low-performing schools; and ``(III) schools, particularly high-poverty and low-performing schools; and ``(ii) organizations that support family- school partnerships, such as parent teacher organizations. ``(2) Award rule.--In making awards under this section, the Secretary shall, to the greatest extent possible, ensure that each State is served by at least one recipient of such an award. ``(b) Applications.-- (1) In general.--Each nonprofit organization that desires an award under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary shall determine. ``(2) Contents.--Each application submitted under paragraph (1) shall, at a minimum, include-- ``(A) a description of the applicant's capacity and expertise to implement a grant under this section; ``(B) a description of how the applicant would use its award to help State and local educational agencies, schools, and non-profit organizations in the State, particularly those making substantial efforts to reach a large number or percentage of low-income, minority, or limited English proficient children-- ``(i) identify barriers to parent or family involvement in schools, and strategies to overcome those barriers; and ``(ii) implement high-quality parent education and family involvement programs that-- ``(I) improve the capacity of parents to participate more effectively in the education of their children; ``(II) support the effective implementation of research-based instructional activities that support parents and families in promoting early language and literacy development; and ``(III) support schools in promoting meaningful parent and family involvement; ``(C) a description of the applicant's plan to disseminate information on high-quality parent education and family involvement programs to local educational agencies, schools, and non-profit organizations that serve parents in the State; ``(D) a description of how the applicant would coordinate its activities with the activities of other Federal, State, and local parent education and family involvement programs and with national, State, and local organizations that provide parents and families with training, information, and support on how to help their children prepare for success in school and achieve to high academic standards; ``(E) a description of how the applicant would use technology, particularly the Internet, to disseminate information; and ``(F) a description of the applicant's goals for the center, as well as baseline indicators for each of the goals, a timeline for achieving the goals, and interim measures of success toward achieving the goals. ``(c) Matching Requirements.--The Federal share of the cost of any center funded under this section shall not exceed 75 percent. The non- Federal share of the cost of a center may be provided in cash or in kind, fairly evaluated. ``(d) Uses of Funds.-- (1) In general.--Recipients of funds awarded under this section shall use such funds to support State and local educational agencies, schools, and non-profit organizations in implementing programs that provide parents with training, information, and support on how to help their children achieve to high academic standards. Such activities may include: ``(A) Assistance in the implementation of programs that support parents and families in promoting early language and literacy development and prepare children to enter school ready to succeed in school. ``(B) Assistance in developing networks and other strategies to support the use of research-based, proven models of parent education and family involvement, including the `Parents as Teachers' and `Home Instruction Program for Preschool Youngsters' programs, to promote children's development and learning. ``(C) Assistance in preparing parents to communicate more effectively with teachers and other professional educators and support staff, and providing a means for on-going, meaningful communication between parents and schools. ``(D) Assistance in developing and implementing parent education and family involvement programs that increase parental knowledge about standards-based school reform. ``(E) Disseminating information on programs, resources, and services available at the national, State, and local levels that support parent and family involvement in the education of their school-age children. ``(2) Targeted activities.--Each recipient of funds under this section shall use at least 75 percent of its award to support activities that serve areas with large numbers or concentrations of low-income families. ``(e) National Activities.--For any fiscal year, the Secretary may reserve up to 5 percent of funds appropriated to carry out this section for that fiscal year to-- ``(1) provide technical assistance to the centers funded under this section; and ``(2) carry out evaluations of the program authorized by this part. ``(f) Definitions.--For purposes of this section-- ``(1) the term `parent education' includes parent support activities, the provision of resource materials on child development, parent-child learning activities and child rearing issues, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home; ``(2) the term `Parents as Teachers program' means a voluntary early childhood parent education program that-- ``(A) is designed to provide all parents of children from birth through age 5 with the information and support such parents need to give their child a solid foundation for school success; ``(B) is based on the Missouri Parents as Teachers model, with the philosophy that parents are their child's first and most influential teachers; ``(C) provides-- ``(i) regularly scheduled personal visits with families by certified parent educators; ``(ii) regularly scheduled developmental screenings; and ``(iii) linkage with other resources within the community in order to provide services that parents may want and need, except that such services are beyond the scope of the Parents as Teachers program; and ``(3) the term `Home Instruction for Preschool Youngsters program' means a voluntary early-learning program for parents with one or more children between the ages of 3 through 5, that-- ``(A) provides support, training, and appropriate educational materials necessary for parents to implement a school-readiness, home instruction program for their child; and ``(B) includes-- ``(i) group meetings with other parents participating in the program; ``(ii) individual and group learning experiences with the parent and child; ``(iii) provision of resource materials on child development and parent-child learning activities; and ``(iv) other activities that enable the parent to improve learning in the home. ``(g) Reports.--Each recipient of funds under this section shall annually submit a report to the Secretary, on its activities under this section, in such form and containing such information as the Secretary may reasonably require. A report under this subsection shall include, at a minimum-- ``(1) the number and types of activities supported by the recipient with funds received under this section; ``(2) activities supported by the recipient that served areas with high numbers or concentrations of low-income families; and ``(3) the progress made by the recipient in achieving the goals included in its application. ``(h) General Provisions.--Notwithstanding any other provision of this section-- ``(1) no person, including a parent who educates a child at home, public school parent, or private school parent, shall be required to participate in any program of parent education or developmental screening pursuant to the provisions of this section; ``(2) no program assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children; and ``(3) the provisions of section 444(c) of the General Education Provisions Act shall apply to organizations that receive awards under this section. ``(i) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``eisenhower regional mathematics and science education consortia ``Sec. 2424. (a) Program Authority.-- ``(1) In general.-- ``(A) Grants, contracts, or cooperative agreements authorized.--The Secretary, in consultation with the Director of the National Science Foundation, is authorized to award grants, contracts, or cooperative agreements to eligible entities to enable such entities to establish and operate regional mathematics and science education consortia for the purpose of-- ``(i) disseminating exemplary mathematics and science education instructional materials; and ``(ii) providing technical assistance for the implementation of teaching methods and assessment tools for use by elementary and secondary school students, teachers, and administrators. ``(B) Number of awards.--The Secretary, in accordance with the provisions of this subsection, shall award at least one grant, contract, or cooperative agreement to an eligible entity in each region. ``(C) Special rule.--In any fiscal year, if the amount made available pursuant to subsection (h) is less than $4,500,000, then the Secretary may waive the provisions of subparagraph (B) and award grants, contracts, or cooperative agreements of sufficient size, scope, and quality to carry out this subsection. ``(D) Designation.--Each regional consortium assisted under this subsection shall be known as an `Eisenhower regional consortium'. ``(2) Period of award and review.--Grants, contracts, or cooperative agreements under this section shall be awarded for a period of not more than five years and shall be reviewed before the end of the 30-month period beginning on the date the award is made. ``(3) Award amount.--In making awards under this section, the Secretary shall ensure that there is a relatively equal distribution of the funds made available among the regions, except that the Secretary may award additional funds to a regional consortium on the basis of population and geographical conditions of the region being served. ``(b) Use of Funds.--Funds provided under this section may be used by a regional consortium, under the direction of a regional board established under subsection (d), to-- ``(1) work cooperatively with the other regional consortia, the Eisenhower National Clearinghouse for Science and Mathematics Education established under section 2142, and federally funded technical assistance providers, to accomplish more effectively the activities described in this subsection; ``(2) assist, train, and provide technical assistance to classroom teachers, administrators, and other educators to identify, implement, assess, or adapt the instructional materials, teaching methods, and assessment tools described in subsection (a)(1)(A); ``(3) provide for the training of classroom teachers to enable such teachers to instruct other teachers, administrators, and educators in the classroom use of the instructional materials, teaching methods, and assessment tools described in subsection (a)(1)(A); ``(4) implement programs and activities designed to meet the needs of groups that are underrepresented in, and underserved by, mathematics and science education; ``(5) collect data on activities assisted under this section in order to evaluate the effectiveness of the activities of the regional consortia; ``(6) identify exemplary teaching practices and materials from within the region and communicate such practices and materials to the Eisenhower National Clearinghouse for Mathematics and Science Education; ``(7) communicate, on a regular basis, with entities within the region that are delivering services to students and teachers of mathematics and science; and ``(8) assist in the development and evaluation of State and regional plans and activities that hold promise of bringing about systemic reform in student performance in mathematics and science. ``(c) Application.--Each eligible entity desiring a grant or contract under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such additional information as the Secretary may reasonably require. Each such application shall-- ``(1) demonstrate that the eligible entity has expertise in the fields of mathematics and science education; ``(2) demonstrate that the eligible entity will implement and disseminate mathematics and science education instructional materials, teaching methods, and assessment tools through a consortium of the region's mathematics and science education organizations and agencies; ``(3) demonstrate that the eligible entity will carry out the functions of the regional consortium; ``(4) demonstrate that emphasis will be given to programs and activities designed to meet the needs of groups that are underrepresented in, and underserved by, mathematics and science education; ``(5) demonstrate that the business community in the region served by the regional consortium will play an integral role in designing and supporting the regional consortium's work; and ``(6) assure that the eligible entity will conduct its activities and supervise its personnel in a manner that effectively ensures compliance with the copyright laws of the United States under title 17, United States Code. ``(d) Regional Boards.-- (1) In general.--Each eligible entity receiving an award under this section shall establish a regional board to oversee the administration and establishment of program priorities for the regional consortium established by such eligible entity. Such regional board shall be broadly representative of the agencies and organizations participating in the regional consortium. ``(2) Prohibition on use of federal funds.--No Federal funds may be used for the establishment or operation of a regional board required by paragraph (1), except that at the discretion of a regional board, Federal funds may be used to provide assistance such as travel and accommodations for board members who could not otherwise afford to participate as members of the board. ``(e) Payments; Federal Share; Non-Federal Share.-- (1) Payments.--The Secretary shall pay to each eligible entity having an application approved under subsection (c) the Federal share of the cost of the activities described in the application. ``(2) Federal share.--For the purpose of paragraph (1), the Federal share shall be 80 percent. ``(3) Non-federal share.--The non-Federal share of the cost of activities described in the application submitted under subsection (c) may be in cash or in kind, fairly evaluated. At least 10 percent of such non-Federal share shall be from sources other than the Federal Government or State or local government. ``(f) Evaluation.-- (1) Evaluation required.--The Secretary, through the Office of Educational Research and Improvement and in accordance with section 11911, shall collect sufficient data on, and evaluate the effectiveness of, the activities of each regional consortium. ``(2) Assessment.--The evaluations described in paragraph (1) shall include an assessment of the effectiveness of the regional consortium in meeting the needs of the schools, teachers, administrators, and students in the region. ``(3) Report.--At the end of each award, the Secretary shall submit to the Congress a report on the effectiveness of the programs conducted at each regional consortium. ``(g) Definitions.--For purposes of this part: ``(1) The term `eligible entity' means an entity that has demonstrated expertise in mathematics and science education and is-- ``(A) a private nonprofit organization; ``(B) an institution of higher education; ``(C) an elementary or secondary school; ``(D) a State or local educational agency; ``(E) a regional educational laboratory in consortium with the research and development center established under section 931(c)(1)(B)(i) of the Educational Research, Development, Dissemination, and Improvement Act of 1994; or ``(F) any combination of the entities described in subparagraphs (A) through (E). ``(2) The terms `mathematics' and `science' include the technology education associated with mathematics and science, respectively. ``(3) The term `region' means a region of the United States served by a regional education laboratory that is supported by the Secretary pursuant to section 405(d)(4)(A)(i) of the General Education Provisions Act (as such section was in existence on the day preceding the date of enactment of the Goals 2000: Educate America Act). ``(4) The term `regional consortium' means each regional mathematics and science education consortium established pursuant to subsection (a). ``(5) The term `State agency for higher education' means the State board of higher education or other agency or officer primarily responsible for the State supervision of higher education, or, if there is no such officer or agency, an officer or agency designated for the purpose of carrying out this section by the Governor or by State law. ``(h) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``Subpart 3--Technology-Based Technical Assistance Information Dissemination ``web-based and other information dissemination ``Sec. 2431. (a) In General.--(1)(A) With funds appropriated under section 2432 for each fiscal year, the Secretary is authorized to carry out a national system, through the Worldwide Web and other advanced telecommunications technologies, that supports interactive information sharing and dissemination about ways to improve educational practices throughout the Nation. ``(B) In designing and implementing the system under this subsection, the Secretary shall create opportunities for the continuing input of students, teachers, administrators, and other individuals who participate in, or may be affected by, the Nation's educational system. ``(C) The Secretary may carry out the program authorized by this subsection through the award of grants, contracts, or cooperative agreements on a competitive basis. ``(2) The system authorized by this subsection shall include information on-- ``(A) stimulating instructional materials that are aligned with challenging content standards; and ``(B) successful and innovative practices in-- ``(i) instruction; ``(ii) professional development; ``(iii) challenging academic content and student performance standards; ``(iv) assessments; ``(v) effective school management; and ``(vi) such other areas as the Secretary determines are appropriate. ``(3)(A) The Secretary may require the technical assistance providers funded under this part, or under subpart 2 of part B of title III, or the educational laboratories and clearinghouses of the Educational Resources Information Center supported under the Educational Research, Development, Dissemination, and Improvement Act (notwithstanding any other provision of such part, subpart, or Act), to-- ``(i) provide information (including information on practices employed in the regions or States served by the providers) for use in the system authorized by this subsection; ``(ii) coordinate their activities in order to ensure a unified system of technical assistance; or ``(iii) otherwise participate in the system authorized by this subsection. ``(B) The Secretary shall ensure that-- ``(i) the dissemination activities authorized under this subsection are integrated with, and do not duplicate, the dissemination activities of the Office of Educational Research and Improvement; and ``(ii) the public has access, through the system authorized by this subsection, to the latest research, statistics, and other information supported by, or available from, such Office. ``(b) Additional Activities.--The Secretary is authorized to carry out additional activities, using advanced telecommunications technologies where appropriate, to assist local educational agencies, State educational agencies, tribes, and other recipients of funds under this Act in meeting the requirements of the Government Performance and Results Act of 1993. Such assistance may include information on measuring and benchmarking program performance and student outcomes. ``authorization of appropriations ``Sec. 2432. For purposes of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``Subpart 4--National Evaluation Activities ``national evaluation activities ``Sec. 2441. The Secretary shall conduct, directly or through grants, contracts, or cooperative agreements, such activities as the Secretary determines necessary to-- ``(1) determine what constitutes effective technical assistance; ``(2) evaluate the effectiveness of the technical assistance and dissemination programs authorized by, or assisted under, this part and the educational laboratories, and clearinghouses of the Educational Resources Information Center, supported under the Educational Research, Development, Dissemination, and Improvement Act (notwithstanding any other provision of such Act); and ``(3) increase the effectiveness of such programs.''. TITLE III--TECHNOLOGY FOR EDUCATION short title Sec. 301. Section 3101 of the ESEA is amended by striking out ``of 1994''. findings Sec. 302. Section 3111 of the ESEA is amended-- (1) by amending paragraph (1) to read as follows: ``(1) technology can-- ``(A) support education improvement efforts by expanding available resources and reshaping instruction, teaching, and learning environments; and ``(B) when used effectively and aligned with challenging State academic content and performance standards, support teacher capacity to create classrooms where students develop higher-order thinking and information technology skills;''; (2) by amending paragraph (3) to read as follows: ``(3) the Federal Government-- ``(A) has played an integral role in expanding and improving access to technology as an important tool for teaching and learning; and ``(B) can continue to serve as a catalyst in bringing effective uses for education technology to the classroom by providing support for-- ``(i) access to technology; ``(ii) the development of educational software and web-based learning resources; and ``(iii) sustained and intensive, high- quality professional development that is aligned with challenging State academic content and performance standards;''; (3) by amending paragraph (5) to read as follows: ``(5) a 1996 Department of Commerce study found that, by the year 2000, 60 percent of all jobs will require computer- related skills, and other studies show that women and some minorities are underrepresented in the information technology workforce; (4) by striking out paragraph (7); (5) in paragraph (8), by striking out ``acquisition and maintenance'' and inserting in lieu thereof ``acquisition, maintenance, and ongoing support''; (6) by striking out paragraphs (9) and (11); (7) in paragraph (12), by adding ``and'' at the end thereof; (8) by striking out paragraph (13); (9) by amending paragraph (14) to read as follows: ``(14) the rapidly changing nature of technology, among other factors, requires the Department to maintain a leadership role in developing a national vision and strategies for bringing effective technology applications and practices to all classrooms and all educational programs through such activities as-- ``(A) developing and carrying out a strategy for an ongoing evaluation of existing and anticipated future uses of educational technology to better inform the Federal role in supporting the use of educational technology, stimulate reform and innovation in teaching and learning with technology, and further the development of advanced technology; ``(B) evaluating and assessing technology programs; ``(C) disseminating information; ``(D) coordinating with public and private partnerships; and ``(E) convening expert panels to identify effective uses of educational technology;''; (10) by striking out paragraph (15); (11) by redesignating paragraphs (2), (3), (4), (5), (6), (8), (10), (12), and (14) as paragraphs (4), (5), (9), (10), (15), (16), (17), (18), and (19), respectively; (12) by inserting immediately after paragraph (1) the following new paragraphs: ``(2) the cost of processing, storing, and transmitting information continues to plummet, making new advances in computer and telecommunications technology more available to schools; ``(3) by providing students with a rapidly expanding educational resource base, and a unique means of developing content knowledge, improvements in software and other technology applications (such as high-quality video, voice recognition, modeling and simulation, and intelligent tutoring and virtual reality tools), have increased student opportunities for meaningful exploration and discovery;''; (13) by inserting immediately after paragraph (5) (as redesignated by paragraph (11)) the following new paragraphs: ``(6) poor children are less likely than their wealthier peers to have access to a computer at home, and to attend a school in which teachers use technology to develop technical and higher-order thinking skills; ``(7) public schools have made significant progress toward meeting the goal of connecting every school to the Internet, with the percentage of schools that are connected to the Internet increasing from 35 percent in 1994 to 89 percent in 1998 and nearly doubling between 1997 and 1998, but a gap continues to exist between wealthy and poor schools in the extent to which classrooms are connected to the Internet and the manner in which technology is used to support instruction; ``(8) the E-Rate and other Federal education technology initiatives are significantly increasing the number of classrooms connected to the Internet and providing affordable access to advanced telecommunications;''; and (14) by inserting immediately after paragraph (10) (as redesignated by paragraph (11)) the following new paragraphs: ``(11) because girls of all ethnicities consistently rate themselves significantly lower than boys on computer ability, and are less likely to experiment with technology and enroll in advanced computer science courses, the Federal Government should encourage States, local educational agencies, and teachers to consider the needs of girls and women to obtain technical proficiency, so that they can compete in an increasingly technological society; ``(12) the Federal Government should support efforts to ensure the accessibility of all educational technology, not just assistive technology, to students with disabilities through strategies such as universal design; ``(13) although 25 States have some requirement for computer education for teacher licensure, only two States require teacher candidates to show that they can use technology, and only three States require participation in technology training, as a prerequisite for license renewal; ``(14) according to a 1998 National Center for Education Statistics survey, only 20 percent of full-time K-12 teachers feel fully prepared to integrate technology into classroom instruction;''. statement of purpose Sec. 303. Section 3112 of the ESEA is amended to read as follows: ``statement of purpose ``Sec. 3112. To help all students to develop technical and higher- order thinking skills and to achieve to challenging State academic content and performance standards, as well as America's Education Goals, it is the purpose of this title to-- ``(1) help provide all classrooms with access to educational technology through support for the acquisition of advanced multimedia computers, Internet connections, and other technologies; ``(2) help ensure access to, and effective use of, educational technology in all classrooms through the provision of sustained and intensive, high-quality professional development that improves teachers' capability to integrate educational technology effectively into their classrooms by actively engaging students and teachers in the use of technology; ``(3) help improve the capability of teachers to design and construct new learning experiences using technology, and actively engage students in that design and construction; ``(4) support efforts by State educational agencies and local educational agencies to create learning environments designed to prepare students to achieve to challenging State academic content and performance standards through the use of research-based teaching practices and advanced technologies; ``(5) support technical assistance to State educational agencies, local educational agencies, and communities to help them use technology-based resources and information systems to support school reform and meet the needs of students and teachers; ``(6) support the development of applications that make use of such technologies as advanced telecommunications, hand-held devices, web-based learning resources, distance learning networks, and modeling and simulation software; ``(7) support Federal partnerships with business and industry to realize more rapidly the potential of digital communications to expand the scope of, and opportunities for, learning; ``(8) support evaluation and research on the effective use of technology in preparing all students to achieve to challenging State academic content and performance standards, and the impact of technology on teaching and learning; ``(9) provide national leadership to stimulate and coordinate public and private efforts, at the national, State, and local levels, that support the development and integration of advanced technologies and applications to improve school planning and classroom instruction; ``(10) support the development, or redesign, of teacher preparation programs to enable prospective teachers to integrate the use of technology in teaching and learning; ``(11) increase the capacity of State and local educational agencies to improve student achievement, particularly that of students in high-poverty, low-performing schools; ``(12) promote the formation of partnerships and consortia to stimulate the development of, and new uses for, technology in teaching and learning; ``(13) support the creation or expansion of community technology centers that will provide disadvantaged residents of economically distressed urban and rural communities with access to information technology and related training; and ``(14) help to ensure that technology is accessible to, and usable by, all students, particularly students with disabilities or limited English proficiency.''. prohibition against supplanting Sec. 304. (a) Section 3113 of the ESEA is repealed. (b) Title III of the ESEA is further amended by inserting immediately after section 3112 the following new section: ``supplement, not supplant ``Sec. 3113. A recipient of funds awarded under this title shall use such funds only to supplement the amount of funds or resources that would, in the absence of such Federal funds, be made available from non-Federal sources for the purposes of the programs authorized under this title, and not to supplant such non-Federal funds or resources.''. Part A--Federal Leadership and National Activities structure of part Sec. 311. Part A of title III of the ESEA is amended-- (1) by striking out the part heading and designation thereof; (2) by striking out the subpart headings and designations for subparts 1, 2, and 3 thereof; (3) by repealing subpart 4; and (4) by inserting immediately before section 3121 the following new part designation and heading: ``Part A--Federal Leadership and National Activities''. national long-range technology plan Sec. 312. Section 3121 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--Not later than one year after the date of enactment of the Educational Excellence for All Children Act of 1999, the Secretary shall update the national long-range educational technology plan and broadly disseminate the updated plan.''; and (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``updated'' immediately before ``national''; (B) in paragraph (7)-- (i) by striking out ``section 3123'' and inserting in lieu thereof ``section 3101''; and (ii) by striking out ``and'' at the end thereof; (C) in paragraph (8), by striking out the period at the end thereof and inserting in lieu thereof a semicolon and ``and''; (D) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively; (E) by inserting immediately after paragraph (6) the following new paragraphs: ``(7) how the Secretary will promote the full integration of technology into learning, including the creation of new instructional opportunities through access to challenging courses and information that would otherwise not have been available, and independent learning opportunities for students through technology; ``(8) how the Secretary will encourage the creation of opportunities for teachers to develop, through the use of technology, their own networks and resources for sustained and intensive, high-quality professional development;''; and (F) by inserting immediately after paragraph (10) (as redesignated by subparagraph (D)) the following new paragraph: ``(11) how the Secretary will encourage the commercial development of effective, high-quality, cost-competitive educational technology and software.''. federal leadership Sec. 313. Section 3122 of the ESEA is amended-- (1) in subsection (a), by striking out ``United States National Commission on Libraries and Information Sciences,'' and inserting in lieu thereof ``White House Office of Science and Technology Policy,''; (2) in subsection (b)(1), by striking out ``in accordance with'' through the end thereof and inserting in lieu thereof a period; and (3) in subsection (c)-- (A) by striking out paragraph (4) and inserting in lieu thereof the following new paragraph: ``(4) the development of a national repository of information on the effective uses of educational technology, including its use for sustained and intensive, high-quality professional development, and the dissemination of that information nationwide;''; and (B) in paragraph (7), by striking out ``existing technology'' and inserting in lieu thereof ``technology and innovative tools''. repeal; redesignations; authorization of appropriations Sec. 314. (a) Sections 3114, 3115, and 3123 of the ESEA are repealed. (b) Title III of the ESEA is further amended-- (1) by redesignating sections 3101, 3111, 3112, 3113, 3121, and 3122 as sections 3001, 3002, 3003, 3004, 3102, and 3103, respectively; and (2) by inserting immediately before section 3102 (as redesignated by paragraph (1)) the following new section: ``national evaluation of education technology ``Sec. 3101. (a) National Evaluation.-- ``(1) In general.--In order to better inform the Federal role in supporting the use of educational technology, in stimulating reform and innovation in teaching and learning with technology, and in advancing the development of more advanced and new types and applications of such technology, the Secretary shall-- ``(A) develop, within 12 months of the date of enactment of the Educational Excellence for All Children Act of 1999, a strategy for an ongoing evaluation of existing and anticipated future uses of educational technology; and ``(B) carry out such an evaluation. ``(2) Activities authorized.--From the funds reserved under subsection (b), the Secretary may-- ``(A) conduct long-term controlled studies on the effectiveness of the uses of educational technology; ``(B) convene panels of experts to-- ``(i) identify uses of educational technology that hold the greatest promise for improving teaching and learning; ``(ii) assist the Secretary with the review and assessment of the progress and effectiveness of projects that are funded under this title; and ``(iii) identify barriers to the commercial development of effective, high-quality, cost- competitive educational technology and software; ``(C) conduct evaluations and applied research studies that examine-- ``(i) how students learn using educational technology, whether singly or in groups, and across age groups, student populations (including students with special needs, such as students with limited English proficiency and students with disabilities) and settings; and ``(ii) the characteristics of classrooms and other educational settings that use educational technology effectively; ``(D) collaborate with other Federal agencies that support research on, and evaluation of, the use of network technology in educational settings; and ``(E) carry out such other activities as the Secretary determines appropriate. ``(b) Availability of Title III Funds for Evaluation.-- Notwithstanding any other provision of this title, the Secretary may use up to 4 percent of the funds appropriated to carry out this title for any fiscal year to carry out the activities described in subsection (a) for that fiscal year.''; and (3) by inserting immediately after section 3103 (as redesignated by paragraph (1)) the following new section: ``authorization of appropriations ``Sec. 3104. For purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. Part B--Special Projects repeals; redesignations; new part Sec. 321. (a) Parts B and E of title III of the ESEA are repealed. (b) Parts C and D of title III of the ESEA are redesignated as subparts 2 and 3 of part B of title III of the ESEA, respectively. (c) Sections 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3401, 3402, and 3403 of the ESEA are redesignated as sections 3221, 3222, 3223, 3224, 3225, 3226, 3227, 3228, 3231, 3232, and 3233, respectively. (d) Title III of the ESEA is further amended by inserting immediately after section 3104 (as added by section 314(b)(3) of the bill) the following new part heading and designation, and the following new subpart: ``Part B--Special Projects ``Subpart 1--Next-Generation Technology Innovation Awards ``purpose; program authority ``Sec. 3211. (a) Purpose.--It is the purpose of this subpart to-- ``(1) expand the knowledge base about the use of the next generation of advanced computers and telecommunications in delivering new applications for teaching and learning; ``(2) address questions of national significance about the next generation of technology and its use to improve teaching and learning; and ``(3) develop, for wide-scale adoption by State educational agencies and local educational agencies, models of innovative and effective applications of technology to teaching and learning, such as high quality video, voice recognition devices, modeling and simulation software (particularly web- based software and intelligent tutoring), hand-held devices, and virtual reality and wireless technologies, that are aligned with challenging State academic content and student performance standards. ``(b) Program Authority.-- (1) In general.--The Secretary is authorized, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements on a competitive basis to eligible applicants in order to carry out the purposes of this subpart. ``(2) Period of award.--The Secretary may award grants, contracts, or cooperative agreements under this subpart for a period of not more than five years. ``eligibility ``Sec. 3212. (a) Eligible Applicants.--In order to receive an award under this subpart, an applicant shall, subject to subsection (c)(1), be a consortium that includes-- ``(1) at least one State educational agency or local educational agency; and ``(2) at least one institution of higher education, for- profit business, museum, library, or other public or private entity with a particular expertise that would assist in carrying out the purposes of this subpart. ``(b) Application Requirements.--In order to receive an award under this subpart, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. Such application shall include-- ``(1) a description of the proposed project, and how it would carry out the purposes of this subpart; and ``(2) a detailed plan for the independent evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. ``(c) Priorities.--In making awards under this subpart, the Secretary may establish one or more priorities consistent with the objectives of this subpart, including: ``(1) A priority for applicants, the members of which are one or more of the particular types described in subsection (a)(2). ``(2) A priority for projects that develop innovative models of effective use of educational technology, including the development of distance learning networks, software (including software deliverable through the Internet), and online-learning resources. ``(3) A priority for projects serving more than one State and involving large-scale innovations in the use of technology in education. ``(4) A priority for projects that develop innovative models that serve traditionally underserved populations, including low-income students, students with disabilities, and students with limited English proficiency. ``(5) A priority for projects in which applicants provide substantial financial and other resources to achieve the goals of the project. ``(6) A priority for projects that develop innovative models for using electronic networks to provide challenging courses, such as Advanced Placement courses. ``uses of funds ``Sec. 3213. A recipient shall use funds awarded under this subpart to-- ``(1) develop new applications of educational technologies and telecommunications to support school reform efforts, such as wireless and web-based telecommunications, hand-held devices, web-based learning resources, distributed learning environments (including distance learning networks), and the development of educational software and other applications; and ``(2) carry out other activities consistent with the purposes of this subpart, such as-- ``(A) developing innovative models for improving teachers' ability to integrate technology effectively into course curriculum, through sustained and intensive, high-quality professional development; ``(B) developing high-quality, standards- based, digital content, including multimedia software, digital video, and web-based resources, such as-- ``(i) new technological formats to facilitate deeper subject matter understanding in particularly challenging learning environments in areas such as physics, foreign language, or Advanced Placement courses; ``(ii) computer modeling, visualization, and simulation tools; ``(iii) new methods for assessing student performance; ``(iv) web-based and other distance learning curricula and related materials, such as interoperable software components; ``(v) learning-focused digital libraries, information retrieval systems, and other designs for supporting broad re-use of learning content; and ``(vi) software that supports the development, modification, and maintenance of educational materials; ``(C) using telecommunications, and other technologies, to make programs accessible to students with special needs (such as low-income students, students with disabilities, students in remote areas, and students with limited English proficiency) through such activities as using technology to support mentoring; ``(D) providing classroom and extracurricular opportunities for female students to explore the different uses of technology; ``(E) promoting school-family partnerships, which may include services for adults and families, particularly parent education programs that provide parents with training, information, and support on how to help their children achieve to high academic standards; ``(F) acquiring connectivity linkages, resources, distance learning networks, and services, including hardware and software, as needed to accomplish the goals of the project; and ``(G) collaborating with other Department of Education and Federal information technology research and development programs. ``evaluation ``Sec. 3214. The Secretary is authorized to-- ``(1) develop tools and provide resources for recipients of funds under this subpart to evaluate their activities; ``(2) provide technical assistance to assist recipients of funds under this subpart in evaluating their projects; ``(3) conduct independent evaluations of the activities assisted under this subpart; and ``(4) disseminate findings and methodologies from evaluations of activities assisted under this subpart, or other information obtained from such projects that would promote the design, replication, or implementation of effective models for evaluating the impact of educational technology on teaching and learning. ``authorization of appropriations ``Sec. 3215. For purposes of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. ready-to-learn digital television Sec. 322. (a) Subpart 2 of part C of title III of the ESEA (as redesignated by section 321(b) of the bill) is further amended, in the heading thereof, by inserting ``Digital'' immediately before ``Television''. (b) Section 3221(a) of the ESEA (as redesignated by section 321(c) of the bill) is amended by striking out ``section 3302(b)'' and ``the National Education Goals.'' and inserting in lieu thereof ``section 3222(b)'' and ``America's Education Goals.'', respectively. (c) Section 3222(a)(2) of the ESEA (as redesignated by section 321(c) of the bill) is amended by striking out ``and those funded under the Star Schools Act''. (d) Section 3223(2) of the ESEA (as redesignated by section 321(c) of the bill) is amended by striking out ``part'' each place it appears and inserting in lieu thereof ``subpart'' in each such place. (e) Section 3224 of the ESEA (as redesignated by section 321(c) of the bill) is amended by striking out ``section 3301 or 3303'' and inserting in lieu thereof ``section 3221 or 3223''. (f) Section 3225 of the ESEA (as redesignated by section 321(c) of the bill) is amended-- (1) in subsection (a), by striking out ``section 3201'' and inserting in lieu thereof ``section 3221''; and (2) in subsection (b)-- (A) in paragraph (1), by striking out ``section 3302(a); and'' and inserting in lieu thereof ``section 3222(a); and''; and (B) in paragraph (2), by striking out ``section 3303(3),'' and inserting in lieu thereof ``section 3223(3),''. (g) Section 3226 of the ESEA (as redesignated by section 321(c) of the bill) is amended by striking out ``section 3302,'' and inserting in lieu thereof ``section 3222,''. (h) Section 3228 of the ESEA (as redesignated by section 321(c) of the bill) is amended-- (1) in subsection (a), by striking out ``part, $30,000,000 for fiscal year 1995, and such sums as may be necessary'' and ``section 3302.'' and inserting in lieu thereof ``subpart, such sums as may be necessary for fiscal year 2001 and'' and ``section 3222'', respectively; and (2) in subsection (b), by striking out ``section 3303(1)(C).'' and inserting in lieu thereof ``section 3223(1)(C).''. telecommunications program for professional development in the core content areas Sec. 323. (a) Subpart 3 of part B of title III of the ESEA (as redesignated by section 321(b) of the bill) is further amended by amending the subpart heading to read as follows: ``Telecommunications Program for Professional Development in the Core Content Areas''. (b) Section 3231 of the ESEA (as redesignated by section 321(c) of the bill) is amended to read as follows: ``purpose; program authority ``Sec. 3231. (a) Purpose.--It is the purpose of this subpart to assist elementary and secondary school teachers in preparing all students to achieve to challenging State academic content and performance standards through a national telecommunications-based program to improve teaching in core content areas. ``(b) Program Authority.--From funds appropriated to carry out this subpart, the Secretary may make grants to nonprofit telecommunications entities, or partnerships of such entities, to carry out the purposes of this subpart.''. (c) Section 3232 of the ESEA (as redesignated by section 321(c) of the bill) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking out ``part'' and inserting in lieu thereof ``subpart''; (B) in paragraph (1), by striking out ``existing publicly funded telecommunications infrastructure to deliver video, voice and data'' and inserting in lieu thereof ``public broadcasting infrastructure, digital libraries, and emerging school networks to deliver video and web-based resources''; and (C) in paragraph (2), by striking out ``State or local'' through the end thereof and inserting in lieu thereof ``national, State, or local nonprofit public communications entities, institutions of higher education, museums, libraries, and national education professional associations that have developed content standards in the core content areas;''; and (2) in subsection (b)-- (A) in the heading thereof, by striking out ``Demonstration'' and inserting in lieu thereof ``Project''; and (B) by striking out ``assure that the demonstration project authorized by this part is'' and inserting in lieu thereof ``ensure that the projects carried out under this subpart are''. (d) Section 3233 of the ESEA (as redesignated by section 321(c) of the bill) is amended by striking out ``part, $5,000,000 for the fiscal year 1995, and such sums as may be necessary'' and inserting in lieu thereof ``subpart, such sums as may be necessary for fiscal year 2001 and''. community technology centers Sec. 324. Part B of Title III of the ESEA (as amended by section 321 of the bill) is further amended by adding immediately at the end thereof the following new subpart: ``Subpart 4--Community Technology Centers ``purpose; program authority ``Sec. 3241. (a) Purpose.--It is the purpose of this subpart to assist eligible applicants to-- ``(1) create or expand community technology centers that will provide disadvantaged residents of economically distressed urban and rural communities with access to information technology and related training; and ``(2) provide technical assistance and support to community technology centers. ``(b) Program Authority.-- ``(1) In general.--The Secretary is authorized, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements on a competitive basis to eligible applicants in order to assist them in-- ``(A) creating or expanding community technology centers; or ``(B) providing technical assistance and support to community technology centers. ``(2) Period of award.--The Secretary may award grants, contracts, or cooperative agreements under this subpart for a period of not more than three years. ``eligibility and application requirements ``Sec. 3242. (a) Eligible Applicants.--In order to be eligible to receive an award under this subpart, an applicant shall-- ``(1) have the capacity to expand significantly access to computers and related services for disadvantaged residents of economically distressed urban and rural communities (who would otherwise be denied such access); and ``(2) be-- ``(A) an entity such as a foundation, museum, library, for-profit business, public or private nonprofit organization, or community-based organization; ``(B) an institution of higher education; ``(C) a State educational agency; ``(D) a local education agency; or ``(E) a consortium of entities described in subparagraphs (A), (B), (C), or (D). ``(b) Application Requirements.--In order to receive an award under this subpart, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. Such application shall include-- ``(1) a description of the proposed project, including a description of the magnitude of the need for the services and how the project would expand access to information technology and related services to disadvantaged residents of an economically distressed urban or rural community; ``(2) a demonstration of-- ``(A) the commitment, including the financial commitment, of entities such as institutions, organizations, business and other groups in the community that will provide support for the creation, expansion, and continuation of the proposed project; and ``(B) the extent to which the proposed project establishes linkages with other appropriate agencies, efforts, and organizations providing services to disadvantaged residents of an economically distressed urban or rural community; ``(3) a description of how the proposed project would be sustained once the Federal funds awarded under this subpart end; and ``(4) a plan for the evaluation of the program, which shall include benchmarks to monitor progress toward specific project objectives. ``(c) Matching Requirements.--The Federal share of the cost of any project funded under this subpart shall not exceed 50 percent. The non- Federal share of such project may be in cash or in kind, fairly evaluated, including services. ``uses of funds ``Sec. 3243. (a) Required Uses.--A recipient shall use funds under this subpart for-- ``(1) creating or expanding community technology centers that expand access to information technology and related training for disadvantaged residents of distressed urban or rural communities; and ``(2) evaluating the effectiveness of the project. ``(b) Permissible Uses.--A recipient may use funds under this subpart for activities, described in its application, that carry out the purposes of this subpart, such as-- ``(1) supporting a center coordinator, and staff, to supervise instruction and build community partnerships; ``(2) acquiring equipment, networking capabilities, and infrastructure to carry out the project; and ``(3) developing and providing services and activities for community residents that provide access to computers, information technology, and the use of such technology in support of pre-school preparation, academic achievement, lifelong learning, and workforce development, such as the following: ``(A) After-school activities in which children and youths use software that provides academic enrichment and assistance with homework, develop their technical skills, explore the Internet, and participate in multimedia activities, including web page design and creation. ``(B) Adult education and family literacy activities through technology and the Internet, including-- ``(i) General Education Development, English as a Second Language, and adult basic education classes or programs; ``(ii) introduction to computers; ``(iii) intergenerational activities; and ``(iv) lifelong learning opportunities. ``(C) Career development and job preparation activities, such as-- ``(i) training in basic and advanced computer skills; ``(ii) resume writing workshops; and ``(iii) access to databases of employment opportunities, career information, and other online materials. ``(D) Small business activities, such as-- ``(i) computer-based training for basic entrepreneurial skills and electronic commerce; and ``(ii) access to information on business start-up programs that is available online, or from other sources. ``(E) Activities that provide home access to computers and technology, such as assistance and services to promote the acquisition, installation, and use of information technology in the home through low- cost solutions such as networked computers, web-based television devices, and other technology. ``authorization of appropriations ``Sec. 3244. For purposes of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. Part C--Preparing Tomorrow's Teachers To Use Technology new part Sec. 331. Title III of the ESEA is further amended by adding immediately after subpart 4 of part B of such title (as added by section 324 of the bill) the following new part: ``Part C--Preparing Tomorrow's Teachers To Use Technology ``purpose; program authority ``Sec. 3301. (a) Purpose.--It is the purpose of this part to assist consortia of public and private entities in carrying out programs that prepare prospective teachers to use advanced technology to foster learning environments conducive to preparing all students to achieve to challenging State and local content and student performance standards. ``(b) Program Authority.-- ``(1) In general.--The Secretary is authorized, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements on a competitive basis to eligible applicants in order to assist them in developing or redesigning teacher preparation programs to enable prospective teachers to use technology effectively in their classrooms. ``(2) Period of award.--The Secretary may award grants, contracts, or cooperative agreements under this part for a period of not more than five years. ``eligibility ``Sec. 3302. (a) Eligible Applicants.--In order to receive an award under this part, an applicant shall be a consortium that includes-- ``(1) at least one institution of higher education that offers a baccalaureate degree and prepares teachers for their initial entry into teaching; ``(2) at least one State educational agency or local educational agency; and ``(3) one or more of the following entities: ``(A) An institution of higher education (other than the institution described in paragraph (1)). ``(B) A school or department of education at an institution of higher education. ``(C) A school or college of arts and sciences at an institution of higher education. ``(D) A private elementary or secondary school. ``(E) A professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity with the capacity to contribute to the technology-related reform of teacher preparation programs. ``(b) Application Requirements.--In order to receive an award under this part, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. Such application shall include-- ``(1) a description of the proposed project, including how the project would ensure that individuals participating in the project would be prepared to use technology to create learning environments conducive to preparing all students to achieve to challenging State and local content and student performance standards; ``(2) a demonstration of-- ``(A) the commitment, including the financial commitment, of each of the members of the consortium; and ``(B) the active support of the leadership of each member of the consortium for the proposed project; ``(3) a description of how each member of the consortium would be included in project activities; ``(4) a description of how the proposed project would be continued once the Federal funds awarded under this part end; and ``(5) a plan for the evaluation of the program, which shall include benchmarks to monitor progress toward specific project objectives. ``(c) Matching Requirements.-- ``(1) In general.--The Federal share of the cost of any project funded under this part shall not exceed 50 percent. Except as provided in paragraph (2), the non-Federal share of such project may be in cash or in kind, fairly evaluated, including services. ``(2) Acquisition of equipment.--Not more than 10 percent of the funds awarded for a project under this part may be used to acquire equipment, networking capabilities or infrastructure, and the non-Federal share of the cost of any such acquisition shall be in cash. ``uses of funds ``Sec. 3303. (a) Required Uses.--A recipient shall use funds under this part for-- ``(1) creating programs that enable prospective teachers to use advanced technology to create learning environments conducive to preparing all students to achieve to challenging State and local content and student performance standards; and ``(2) evaluating the effectiveness of the project. ``(b) Permissible Uses.--A recipient may use funds under this part for activities, described in its application, that carry out the purposes of this part, such as-- ``(1) developing and implementing high-quality teacher preparation programs that enable educators to-- ``(A) learn the full range of resources that can be accessed through the use of technology; ``(B) integrate a variety of technologies into the classroom in order to expand students' knowledge; ``(C) evaluate educational technologies and their potential for use in instruction; and ``(D) help students develop their own technical skills and digital learning environments; ``(2) developing alternative teacher development paths that provide elementary and secondary schools with well-prepared, technology-proficient educators; ``(3) developing performance-based standards and aligned assessments to measure the capacity of prospective teachers to use technology effectively in their classrooms; ``(4) providing technical assistance to other teacher preparation programs; ``(5) developing and disseminating resources and information in order to assist institutions of higher education to prepare teachers to use technology effectively in their classrooms; and ``(6) subject to section 3302(c)(2), acquiring equipment, networking capabilities, and infrastructure to carry out the project. ``authorization of appropriations ``Sec. 3304. For purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. Part D--Regional, State, and Local Educational Technology Resources new part Sec. 341. Title III of the ESEA is further amended by inserting at the end thereof the following new part heading, subpart heading, and section: ``Part D--Regional, State, and Local Educational Technology Resources ``Subpart 1--Technology Literacy Challenge Fund ``purpose ``Sec. 3411. It is the purpose of this subpart to increase the capacity of State and local educational agencies to improve student achievement, particularly that of students in high-poverty, low- performing schools, by supporting State and local efforts that-- ``(1) make effective use of new technologies and technology applications, networks, and electronic learning resources; ``(2) utilize research-based teaching practices that are linked to advanced technologies; and ``(3) promote sustained and intensive, high- quality professional development that increases teacher capacity to create improved learning environments through the integration of educational technology into instruction.''. allotment and reallotment Sec. 342. Section 3131(a)(2) of the ESEA is amended-- (1) by inserting ``(including, for purposes of this subpart, the Bureau of Indian Affairs)'' immediately after ``State educational agency''; and (2) by striking out the period at the end thereof and inserting a comma and ``except that such minimum shall apply to the aggregate of grants received under this subpart by the outlying areas for a fiscal year.''. technology literacy challenge fund Sec. 343. Section 3132 of the ESEA is amended-- (1) by amending the heading thereof to read as follows: ``technology literacy challenge fund''; (2) by amending subsection (a)(2) to read as follows: ``(2) Use of Grants.--(A) Each State educational agency that receives a grant under paragraph (1) shall use-- ``(i) not less than 95 percent of the grant funds received to award, on a competitive basis, subgrants to eligible local applicants, as defined in section 3417, for use in creating new learning environments designed to prepare all students, including students with disabilities or limited English proficiency, to achieve to challenging State academic content and performance standards through the use of research-based teaching practices and advanced technologies; and ``(ii) subject to subparagraph (C), the remainder of the grant funds for administrative costs and technical assistance. ``(B) In awarding subgrants under subparagraph (A)(i), a State educational agency shall give priority to an eligible local applicant that is a partnership that meets the requirements of section 3417(1)(B). ``(C) From the funds described in subparagraph (A)(i), a State educational agency may use not more than 2 percent of the grant funds received by that agency under this subpart to provide planning subgrants to eligible local applicants in order to assist them to develop strategic long-term local technology plans that shall be included in the application for a subgrant under section 3416(1).''; and (3) by amending subsection (b)(2) to read as follows: ``(2) provide eligible local applicants with assistance in-- ``(A) developing applications under section 3416; ``(B) forming partnerships among the entities described in section 3417(1)(B); and ``(C) establishing performance indicators and methods for measuring program outcomes against the indicators.''. state application Sec. 344. Section 3133 of the ESEA is amended to read as follows: ``state application ``Sec. 3133. To receive funds under this subpart, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. As part of its application, a State educational agency shall submit a new or updated statewide educational technology plan. The plan submitted shall demonstrate how it will be coordinated with and support the State plan or policies for comprehensive standards-based education reform, and shall describe-- ``(1) how the State educational agency will meet the national technology goals that-- ``(A) all teachers in the Nation will have the training and support they need to help students learn using computers and the information superhighway; ``(B) all teachers and students will have modern multimedia computers in their classrooms; ``(C) every classroom will be connected to the information superhighway; and ``(D) effective software and online learning resources will be an integral part of every school's curriculum; ``(2) the State educational agency's long-term strategies for financing educational technology in the State, including how the State educational agency will use other sources of Federal and non-Federal funds, including the E-Rate, for this purpose; ``(3) the State educational agency's criteria for identifying, for purposes of section 3317(1)(A), a local educational agency as high-poverty, serving at least one low- performing school, and having a substantial need for technology, and how the State educational agency will report to the public the criteria to be used and the outcome of the competition; ``(4) the State educational agency's specific goals for using advanced technology to improve student achievement to challenging State academic content and performance standards by-- ``(A) using web-based resources and telecommunications networks to provide challenging content and improve classroom instruction; ``(B) using research-based teaching practices and models of effective uses of advanced technology; and ``(C) promoting sustained and intensive, high- quality professional development that increases teacher capacity to create improved learning environments through the integration of technology into instruction; ``(5) the State educational agency's performance indicators for each of the goals described in paragraphs (1), (2), and (4) and included in its plan, baseline performance data for the indicators, a timeline for achieving the goals, and interim measures of success toward achieving the goals; ``(6) how the State educational agency will ensure that grants to eligible local applicants are of sufficient size, scope, and quality to meet the purposes of this subpart effectively; ``(7) how the State educational agency will provide technical assistance to eligible local applicants, and its capacity for providing such assistance; ``(8) how the State educational agency will ensure that educational technology is accessible to, and usable by, all students, including students with special needs, such as students who have disabilities or limited English proficiency; and ``(9) how the State educational agency will evaluate its activities under the plan.''. local uses of funds Sec. 345. Section 3134 of the ESEA is amended to read as follows: ``local uses of funds ``Sec. 3134. Each eligible local applicant shall use the funds made available under section 3413(a)(2)(i) for one or more of the following activities: ``(1) Adapting or expanding existing and new applications of technology to enable teachers to create learning environments designed to prepare students to achieve to challenging State academic content and student performance standards through the use of research-based teaching practices and advanced technologies. ``(2) Providing sustained and intensive, high-quality professional development in the integration of advanced technologies into curriculum and in using those technologies to create new learning environments, including training in the use of technology to access data and resources to develop curricula and instructional materials. ``(3) Enabling teachers to use the Internet to communicate with other teachers and retrieve web-based learning resources. ``(4) Using technology to collect, manage, and analyze data to inform school improvement efforts. ``(5) Acquiring wireless telecommunications, hand-held devices, modeling or simulation tools, distance learning networks, and other advanced technologies with classroom applications. ``(6) Acquiring wiring and access to advanced telecommunications. ``(7) Using web-based learning resources, including those that provide access to challenging courses such as Advanced Placement courses. ``(8) Assisting schools to use technology to promote parent and family involvement, and support communications between family and school.''. local applications Sec. 346. Section 3135 of the ESEA is amended-- (1) in the matter preceding paragraph (1)-- (A) by inserting the subsection designation and heading ``(a) In General.--'' immediately after the section heading; and (B) by striking out ``local educational agency'' and ``section 3132(a)(2)'' and inserting in lieu thereof ``eligible local applicant'' and ``section 3413(a)(2)'', respectively; (2) in paragraph (1)-- (A) by amending subparagraph (A) to read as follows: ``(A) a description of how the applicant plans to improve the achievement of all students by-- ``(i) making effective use of new technologies, networks, and electronic learning resources; ``(ii) using research-based teaching practices that are linked to advanced technologies; and ``(iii) promoting sustained and intensive, high-quality professional development that increases the capacity of teachers to create improved learning environments through the integration of educational technology into instruction.''; (B) by striking out subparagraph (B); (C) by amending subparagraphs (C), (D), and (E) to read as follows: ``(C) a description of the applicant's goals regarding the use of educational technology to meet the purposes of this subpart, as well as the applicant's baseline data, timelines, benchmarks, and indicators of success for meeting these goals; ``(D) a description of how the applicant will ensure sustained and intensive, high-quality professional development for teachers, administrators, and other educational personnel to further the use of technology in the classroom; ``(E) a description of the administrative and technical support that the applicant will provide schools;''; (D) in subparagraph (G), by striking out ``and'' at the end thereof; (E) by amending subparagraph (H) to read as follows: ``(H) a description of the applicant's strategy for financing its strategic, long-term local technology plan, including the use of other Federal and non- Federal funds;'-- (F) by redesignating subparagraphs (D), (E), (F), (G), and (H) as subparagraphs (E), (F), (G), (H), and (I), respectively; (G) by adding at the end thereof the following new subparagraphs: ``(J) a description of how the applicant will use advanced technology to promote communication between teachers for activities such as-- ``(i) sharing examples of student work; ``(ii) developing instructional strategies; ``(iii) developing curricula aligned with State or local standards; ``(iv) using data to improve teaching and learning; and ``(K) a description of how the applicant would use technology to improve the teaching and learning of students with special needs, such as students with disabilities or limited English proficiency.''. (3) by amending paragraph (2) to read as follows: ``(2) describe how the applicant included parents, public libraries, business leaders, and community leaders in the development of the strategic long-term local technology plan described in paragraph (1);''; (4) in paragraph (3), by striking out ``and'' at the end thereof; (5) in paragraph (4)(B), by striking out ``National Education Goals'' and inserting in lieu thereof ``America's Education Goals''; (6) by redesignating paragraph (4) as paragraph (8); (7) by inserting immediately after paragraph (3) the following new paragraphs: ``(4) describe how the applicant would use subgrant funds to benefit low-performing schools; ``(5) describe how the applicant will ensure that technology is accessible to, and usable by, all students, particularly students with disabilities or limited English proficiency; ``(6) include an assurance that, before any funds received under this part are used for acquiring wiring or access to advanced telecommunications, the applicant will use all resources available to it through the E-Rate; ``(7) if the applicant is a partnership, describe the members of the partnership, their respective roles, and their respective contributions to improving the capacity of the local educational agency; and''; (8) by striking out subsection (d); (9) in subsection (e), by striking out ``local educational agency'' and ``under this Act or the Goals 2000: Educate America Act,'' and inserting in lieu thereof ``eligible local applicant'' and ``under this Act,'', respectively; and (10) by redesignating subsection (e) as subsection (b). repeals; conforming changes; redesignations Sec. 347. (a) Sections 3136 and 3137 of the ESEA are repealed. (b)(1) Section 3131(a) of the ESEA is amended-- (A) in paragraph (1), by striking out ``section 3114(a)(1)(C)'' and inserting in lieu thereof ``section 3418''; and (B) in paragraph (2), by striking out ``section 3115(a)(1)(C)'' and inserting in lieu thereof ``section 3418''; and (2) Section 3132 of the ESEA is amended-- (A) in subsection (a)(1), by striking out ``section 3131,'' and ``section 3133.'' and inserting in lieu thereof ``section 3412,'' and ``section 3414.'', respectively; and (B) in subsection (b)(1)(B), by striking out ``section 3133;'' and inserting in lieu thereof ``section 3414;''. (c) Sections 3131, 3132, 3133, 3134, and 3135 of the ESEA are redesignated as sections 3412, 3413, 3414, 3415, and 3416, respectively. definitions; authorization of appropriations Sec. 348. Title III of the ESEA is further amended by adding immediately after section 3416 (as redesignated by section 347(c) of the bill) the following new sections: ``definitions ``Sec. 3417. For purposes of this subpart-- ``(1) `eligible local applicant' means-- ``(A) a local educational agency that, as determined by the State educational agency,-- ``(i) is among the local educational agencies in the State with the highest numbers or percentages of children from households living in poverty; ``(ii) includes one or more low-performing schools; and ``(iii) has a substantial need for assistance in acquiring and using technology; or ``(B) a partnership that includes at least one local educational agency that meets the requirements of subparagraph (A) and at least one-- ``(i) local educational agency that can demonstrate that teachers in schools served by that agency are using technology effectively in their classrooms; ``(ii) institution of higher education; ``(iii) for-profit organization that develops, designs, manufactures, or produces technology products or services, or has substantial expertise in the application of technology; or ``(iv) public or private non-profit organization with demonstrated experience in the application of educational technology; and ``(2) `low-performing school' means a school-- ``(A) identified by the local educational agency for school improvement under section 1116(c) of this Act; or ``(B) in which a substantial majority of students fail to meet State performance standards based on State or local assessments that are aligned to the performance standards. ``authorization of appropriations ``Sec. 3418. For purposes of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. regional technology in education consortia Sec. 349. (a) Title III of the ESEA is further amended by inserting immediately after section 3418 (as added by section 348 of the bill) the following new subpart designation and heading: ``Subpart 2-- Regional Technology in Education Consortia''. (b) Section 3141 of the ESEA is amended-- (1) in subsection (a)-- (A) by amending the heading thereof to read as follows: ``Grants, Contracts, and Cooperative Agreements Authorized.--''; (B) by amending paragraph (1) to read as follows: ``(1) Authority.--The Secretary, through the Office of Educational Technology, shall make grants, or enter into contracts or cooperative agreements, in accordance with the provisions of this subpart, to consortia that meet the requirements of paragraph (2). In making such awards, the Secretary shall ensure, to the extent possible, that each geographic region of the United States shall be served by a recipient of an award under this subpart.''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking out ``a grant under this section'' and inserting in lieu thereof ``an award under this subpart''; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii) by inserting immediately after subparagraph (A) the following new subparagraph: ``(B) meet the requirements of section 2421 in addition to meeting the requirements of this subpart;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking out ``a grant under this section'' and inserting in lieu thereof ``an award under this subpart''; (ii) in subsection (B)-- (I) by striking out ``information, in coordination with information available from the Secretary,'' and inserting in lieu thereof ``information''; and (II) by striking out ``evaluate and make recommendations on equipment and software that support the America's Education Goals and are suited for a school's particular needs,''; and (iii) in subparagraph (C), by striking out ``to participate'' through the end thereof and inserting in lieu thereof ``assistance in applying advanced technologies and web-based resources in order to design learning environments for the 21st Century; and''; (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking out ``a grant under this section'' and inserting in lieu thereof ``an award under this subpart''; (ii) in subparagraph (A)-- (I) in the matter preceding clause (i), by striking out ``technology- specific, ongoing professional development,'' and inserting in lieu thereof ``sustained and intensive high- quality professional development that prepares educators to be effective developers, users, and evaluators of educational technology,''; (II) in clause (i), by striking out ``that use'' through the end thereof and inserting in lieu thereof ``for teachers, administrators, school librarians, and other education personnel; and''; and (III) in clause (ii)-- (aa) by striking out subclauses (II), and (V); (bb) in subclause (III), by adding ``and'' at the end thereof; (cc) in subclause (IV), by striking out ``video conferences and seminars which'' and inserting in lieu thereof ``the use of advanced telecommunications and distance learning networks to''; and (dd) by redesignating subclauses (III) and (IV) as subclauses (II) and (III), respectively; (iii) by striking out subparagraphs (B) and (C); (iv) in subparagraph (F), by striking out ``for students'' through the end thereof and inserting in lieu thereof a comma and ``coordinated with other programs supported under this title, that incorporate the effective use of advanced technology into teacher preparation courses;''; (v) in subparagraph (G)-- (I) by striking out ``develop support from'' and inserting in lieu thereof ``increase the involvement and support of''; and (II) by striking out the period at the end thereof and inserting in lieu thereof a semicolon and ``and''; and (vi) by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (B), (C), (D), and (E), respectively; (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking out ``a grant under this section'' and inserting in lieu thereof ``an award under this subpart''; (ii) in subparagraph (A), by adding ``and'' at the end thereof; (iii) in subparagraph (B), by striking out the semicolon and ``and'' at the end thereof and inserting in lieu thereof a period; (iv) by striking out subparagraph (C); (v) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (vi) by inserting immediately before subparagraph (B) (as redesignated by clause (v)) the following new subparagraph: ``(A) maintain, or contribute to, a nationally accessible repository that contains information about effective uses of educational technology, including for sustained and intensive, high-quality professional development, and disseminate that information nationwide;''; and (D) by amending paragraph (4) to read as follows: ``(4) Each consortium receiving an award under this subpart shall-- ``(A) collaborate, and coordinate the services that it provides, with appropriate regional and other entities assisted in whole or in part by the Department; ``(B) coordinate activities and establish partnerships with organizations and institutions of higher education that represent the interests of the region regarding the application of technology to teaching, learning, instructional management, dissemination, the collection and distribution of educational statistics, and the transfer of student information; and ``(C) collaborate with the Department and recipients of funding under other technology programs of the Department, particularly the Technology Literacy Challenge Fund under subpart 1, and the Next-Generation Technology Innovation Awards program under subpart 1 of part B, to assist the Department and those recipients as requested by the Secretary.''. (c) Section 3141 of the ESEA is redesignated as section 3421. (d) Title III of the ESEA is further amended by inserting immediately after section 3421 (as redesignated by subsection (c)) the following new section: ``authorization of appropriations ``Sec. 3422. For purposes of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT safe and drug-free schools and communities Sec. 401. Title IV of the ESEA is amended to read as follows: ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ``short title ``Sec. 4001. This title may be cited as the `Safe and Drug-Free Schools and Communities Act'. ``findings ``Sec. 4002. The Congress finds that: ``(1) Safe and Drug-Free Schools and Communities Programs support achievement of Goal One of the National Drug Control Strategy--to educate and enable America's youth to reject illegal drugs, as well as alcohol and tobacco--and Goal Seven of America's Education Goals--that every school in the United States will be free of drugs, violence, and the unauthorized presence of firearms and alcohol. ``(2) It is essential for schools to provide a drug-free, safe, and orderly learning environment for all students, if all students are to live healthy lives and achieve to high academic standards. ``(3) Student drug use and school violence are serious educational and public health concerns. ``(4) Safe and Drug-Free Schools and Communities programs are most likely to be effective when they are based on a thorough assessment of objective data about the drug and violence problems in schools and communities, are designed to meet measurable goals and objectives, are based on sound research or evaluation findings, and are evaluated regularly and held accountable for results. ``(5) Safe and Drug-Free Schools and Communities program resources should be targeted at the local level to projects in areas that demonstrate need for the funds, have developed the best strategic plans for using the funds, and are committed to being accountable for results. ``(6) Lifelong physical activity contributes to students' well-being and, consistent with the second of America's Education Goals, it is appropriate for the Federal government to help strengthen State and local efforts in this area. ``purpose ``Sec. 4003. Declaration of Purpose.--The purpose of this title is to support programs for creating and maintaining drug-free, safe, and orderly environments for learning in and around schools, by awarding Federal financial assistance to-- ``(1) State educational agencies for competitive awards to local educational agencies with a demonstrated need for services and the highest quality proposed programming; ``(2) Governors for competitive awards to local educational agencies, as well as community-based organizations and other public entities and nonprofit organizations, for programs that complement and support local educational agency programs; ``(3) State educational agencies and Governors for capacity-building, and technical assistance and accountability services and activities to improve the effectiveness of, and institutionalize, State and local Safe and Drug-Free Schools and Communities programs; and ``(4) Public and private organizations, and individuals, for training programs, demonstrations, evaluations, research projects, direct services, and technical assistance to schools and school systems, developing and disseminating materials and information, drug and violence prevention programs at the postsecondary level, and other activities related to the purposes of this title. ``authorization of appropriations ``Sec. 4004. There are authorized to be appropriated-- ``(1) such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years to carry out part A; ``(2) such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years to carry out part B; and ``(3) such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years to carry out part C. ``Part A--State Grants for Drug and Violence Prevention Programs ``reservations and allotments ``Sec. 4111. (a) Reservations.--(1) From the amount made available under section 4004(1) to carry out this part for each fiscal year, the Secretary-- ``(A) shall reserve 1 percent of such amount for grants under this part to Guam, America Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with the Secretary's determination of their respective needs; ``(B) shall reserve 1 percent of such amount for the Secretary of the Interior to carry out programs for Indian youth; ``(C) shall reserve 0.2 percent of such amount for programs for Native Hawaiians; and ``(D) may reserve not more than $2,000,000 for evaluation activities required by section 4117(a). ``(2)(A)(i) Funds reserved under paragraph (1)(A) may not be consolidated under the provisions of title V of Public Law 95-134. ``(ii) The Governor of Guam, America Samoa, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands may direct the Secretary to consolidate the Governor's share of funds under this part with the State educational agency's share and award the consolidated amount to the State educational agency for administration in accordance with the requirements of this part applicable to State educational agencies. ``(iii) Funds reserved under paragraph (1)(A) shall be used to carry out programs and activities that-- ``(I) are authorized by this part and are implemented in a manner that is consistent with the program requirements under section 4114; and ``(II) are subject to the application requirements under section 4112(a). ``(B) Funds reserved under paragraph (1)(B) shall be used to carry out programs and activities authorized by this part that meet the needs of Native American youth and that are implemented in a manner that is consistent with the program requirements under section 4114. ``(C)(i) Funds reserved under paragraph (1)(C) shall be used by the Secretary to award grants or contracts to organizations primarily serving or representing Native Hawaiians to carry out programs and activities authorized by this part that meet the needs of Native Hawaiian youth and that are implemented in a manner that is consistent with the program requirements under section 4114. ``(ii) Recipients of funds reserved under paragraph (1)(C) shall coordinate their programs and activities with programs and activities under this part carried out by the State educational agency of Hawaii. ``(iii) For the purposes of this section, the term `Native Hawaiian' has the same meaning as the term is provided in section 9212 of the Elementary and Secondary Education Act of 1965. ``(b) State Allotments.--(1) Except as provided in paragraph (2), the Secretary shall, for each fiscal year, allocate among the States-- ``(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged population of each State and the school-aged population of all the States; and ``(B) one-half of such remainder according to the ratio between the amount each State received under section 1122 of part A of title I of the Act for the preceding year and the sum of such amounts received by all the States. ``(2) Minimum.--For any fiscal year, no State shall be allotted under this subsection an amount that is less than one-half of one percent of the total amount allotted to all the States under this subsection. ``(3) Reallotment.--The Secretary may reallot any amount of any allotment to a State if the Secretary determines that the State will be unable to use such amount within two years of such allotment. Such reallotments shall be made on the same basis as allotments are made under paragraph (1). ``(4) Definitions.--For the purposes of this part-- ``(A) the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and ``(B) the term `local educational agency' includes educational service agencies and consortia of such agencies. ``state applications ``Sec. 4112. (a) State Application. In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secretary, at such time and in such manner as the Secretary may require, a 5-year application that-- ``(1) is submitted jointly by the Governor and the State educational agency of the State; ``(2) contains a description of how funds under this part will be coordinated with other programs under this Act and with other Federal education and drug prevention programs; ``(3) contains a comprehensive plan for the use of funds by the State educational agency and the Governor to provide safe, orderly, and drug-free school environments that includes-- ``(A) the results of the State's needs assessment for drug and violence-prevention programs, which shall be based on the results of ongoing State evaluation activities and include data on the prevalence of drug use and violence by youth in schools and communities in the State; ``(B) a list of the State's results-based performance measures for drug and violence prevention, which shall-- ``(i) be focused on student behavior and attitudes and derived from the needs assessment; ``(ii) be selected from a core set of indicators that the Secretary shall develop in consultation with State and local officials; ``(iii) include targets and due dates for the attainment of these indicators; ``(iv) include a description of the procedures the State will use to inform local educational agencies of the State's results- based performance measures for drug and violence prevention for assessing and publicly reporting progress toward meeting these indicators, or revising them as needed; and ``(v) include a description of how the procedures described in subparagraph (C) and subparagraph (D) will support the achievement of the State's results-based performance measures; ``(C) a description of the procedures the State educational agency will use for reviewing applications and awarding funds to local educational agencies on a competitive basis under section 4113(c), including-- ``(i) the objective criteria the State educational agency will use for determining which local educational agencies are eligible to compete for these funds; ``(ii) the criteria the State educational agency will use to assess the relative quality of applications and demonstrated need for funding by these local educational agencies; ``(iii) the peer review process the State educational agency will use to review applications; ``(iv) how the State educational agency will ensure that the geographical distribution of awards reflects the diversity of local educational agencies in the State; and ``(v) how the State educational agency and the Governor will coordinate these programs; ``(D) a description of the procedures, including objective criteria, the State educational agency will use for reviewing any applications and awarding any funds to local educational agencies on a non- competitive basis under section 4113(c)(3); ``(E) a description of the procedures the Governor will use to award funds to eligible applicants on a competitive basis consistent with section 4115(c), including-- ``(i) the criteria the Governor will use to assess the relative quality of applications and demonstrated need for funding of eligible applicants; ``(ii) the peer review process the Governor will use to review applications; ``(iii) how those funds will be used for community resources and activities that support local educational agency programs to create drug-free, safe, and disciplined learning environments in, and passageways to and from schools; and ``(iv) how the Governor will ensure that the geographic distribution of awards reflects the diversity of local educational agencies in the State; ``(F) a description of how the State educational agency and Governor will use the funds reserved under sections 4113(b) and 4115(b) for coordinated capacity- building and technical assistance and program accountability services and activities at the State and local levels, including how the State educational agency and Governor will coordinate their activities with law enforcement, health, mental health, and education programs and officials at the State and local levels; ``(G) a description of how the State educational agency and the Governor will monitor local programs; and ``(H) a description of how the State educational agency will ensure that local educational agencies not receiving funds under this part will be provided technical assistance to improve their programs; ``(4) contains assurances that the application was developed in consultation and coordination with appropriate State officials, including the head of the State alcohol and drug abuse agency, the heads of the State health and mental health agencies, the head of the State criminal justice planning agency, the head of the State child welfare agency, the head of the State board of education, or their designees, and representatives of parents, students, and community-based organizations; and ``(5) contains assurance that the State will cooperate with, and assist, the Secretary in conducting the national impact evaluation of programs required by section 4117(a). ``(b) Peer Review.--The Secretary shall use a peer review process in reviewing State applications under this section. ``state and local educational agency programs ``Sec. 4113. (a) Allocation of Funds.--In each fiscal year, 80 percent of the total amount allocated to the State under section 4111(b) shall be used by the State educational agency and local educational agencies in the State to carry out programs and activities in accordance with this section that are designed to create and maintain drug-free, safe, and orderly environments for learning in and around schools in the State. ``(b) State Level Activities.--(1) A State educational agency shall reserve not more than 20 percent of the amount described in subsection (a) for State-level activities described in paragraphs (2) and (4). ``(2) A State educational agency may use not more than 5 percent of the amount described in subsection (a) for the costs of carrying out its administrative responsibilities under this part. ``(3) The State educational agency shall reserve the remainder of the amount described in paragraph (1) after application of paragraph (2), but not less than 10 percent of the amount described in subsection (a), for State-level activities described in paragraph (4). ``(4)(A) The State educational agency and the Governor shall jointly use the amounts reserved under paragraph (3) and section 4115(b)(3) to plan, develop, and implement capacity building, technical assistance, and accountability services that are designed to support the effective implementation of local drug and violence prevention activities throughout the State and promote program accountability and improvement. ``(B)(i) The State educational agency and Governor may carry out the services and activities described in subparagraph (A) directly, or through subgrants or contracts with public and private organizations, as well as individuals. ``(ii) Except as provided under clause (iii), the State educational agency and Governor shall, to the extent practicable, use funds under this paragraph to provide capacity building and technical assistance and accountability services and activities to all local educational agencies in the State, including those that do not receive funds under this part. ``(iii) The State educational agency and the Governor may use funds under this paragraph to provide emergency intervention services to schools and communities following a traumatic crisis, such as a shooting, major accident, or drug-related incident that has disrupted the learning environment. ``(C) For the purpose of this paragraph-- ``(i) `capacity building' means activities to improve the knowledge, skills, and expertise of State and local program staff needed to plan, implement, and improve effective research-based programs; and ``(ii) `technical assistance and accountability services' means activities designed to improve State and local programs and activities under this part, including dissemination of information and curricula, program evaluation, demonstration programs, peer review of local educational agency applications, and evaluation assistance, such as collecting, monitoring, and reporting program indicator data. ``(c) Local Level Activities.--(1) A State educational agency shall use not less than 80 percent of the amount described in subsection (a) for local-level activities described in paragraphs (2) and (3). ``(2)(A) A State educational agency shall use at least 70 percent of the amount described in subsection (a) to make competitive subgrants, consistent with subparagraph (C)(i), to local educational agencies (or consortia of local educational agencies) that the State educational agency determines, based on objective data, need assistance under this part. ``(B) In determining which local educational agencies (or consortia) need assistance under this part, the State educational agency may consider such factors as-- ``(i) high rates of alcohol, tobacco, or drug use among youth; ``(ii) high rates of victimization of youth by violence and crime; ``(iii) high rates of arrest and adjudication of youth for violent or drug- or alcohol-related delinquency; ``(iv) high rates of bullying, hate-related incidents, racial harassment, sexual harassment, or sexual abuse; ``(v) high rates of referrals of youths to drug and alcohol abuse treatment and rehabilitation programs; ``(vi) high rates of referrals of youths to juvenile court; ``(vii) high rates of expulsions and suspensions of students from schools; ``(viii) high rates of reported cases of child abuse and domestic violence; ``(ix) the extent of illegal gang activity; ``(x) local fiscal capacity to fund such programs without Federal assistance; ``(xi) the incidence of drug paraphernalia in schools; ``(xii) high rates of drug-related emergencies or deaths; and ``(xiii) high rates of drug distribution or sales on, or around, school grounds. ``(C)(i) The State educational agency shall base the competition it conducts under subparagraph (A) on the quality of the applicant's proposed program and how closely it is aligned with the principles of effectiveness described in clause (ii). ``(ii) For the purpose of this subsection, the State educational agency shall use the following principles of effectiveness: ``(I) The applicant's program is based on a thorough assessment of objective data about the drug and violence problems in the schools and communities to be served. ``(II) The applicant has established a set of measurable goals and objectives aimed at ensuring that all schools served by the local educational agency have a drug-free, safe, and orderly learning environment, and has designed its programs to meet those goals and objectives. ``(III) The applicant has designed and will implement its programs for youth based on research or evaluation that provides evidence that the program to be used will prevent or reduce drug use, violence, delinquency, or disruptive behavior among youth. ``(IV) The applicant will evaluate its program periodically to assess its progress toward achieving its goals and objectives, and will use evaluation results to refine, improve, and strengthen its program, and refine its goals and objectives, as needed. ``(D) A State educational agency may make subgrants under this paragraph to not more than 50 percent of the local educational agencies in the State, unless the State demonstrates in its application under section 4112 that the State educational agency can make subgrants to more than 50 percent of the local educational agencies in the State and still comply with subparagraph (E). ``(E) Subgrants under this paragraph shall be of sufficient size to support high-quality, effective programs and activities that are designed to create safe, disciplined, and drug-free learning environments in schools and that are consistent with the needs, goals, and objectives identified in the State's plan under section 4112. ``(3)(A) A State educational agency may use not more than 10 percent of the amount described in subsection (a) to make non- competitive subgrants to local educational agencies (or consortia of local educational agencies) with the greatest need for assistance as described in paragraph (2)(B) that did not receive a subgrant under subparagraph (2)(A). A local educational agency may not receive more than one subgrant under this paragraph. ``(B) A State educational agency shall not make a subgrant to a local educational agency under this paragraph unless it-- ``(i) assists the local educational agency in meeting the information requirements under section 4116(a) pertaining to local educational agency needs assessment, results-based performance measures, comprehensive safe and drug-free schools plan, evaluation plan, and assurances; and ``(ii) provides continuing technical assistance to the local educational agency to build its capacity to develop and implement high-quality, effective programs consistent with the principles of effectiveness in subsection (c)(2)(C)(ii). ``(d) Project Periods and Reallocation.--(1)(A) Subgrants under subsection (c) shall be for project periods not to exceed three years. ``(B) In order to receive funds under this section for the second or third year of the project, a local educational agency shall demonstrate to the satisfaction of the State educational agency that the local educational agency's project is making reasonable progress toward its performance measures under section 4116(a)(3)(C). ``(2) A State educational agency may require local educational agencies to return funds awarded to them under this section that they have not expended within one year of the date of the subgrant, and may award such recovered funds to other local educational agencies with the greatest need for them-- ``(A) through a new competition; ``(B) by funding high-quality applications that were not funded in a previous competition; or ``(C) by making supplemental awards to current subgrant recipients. ``local drug and violence prevention programs ``Sec. 4114. (a) Principles of Effectiveness.--Each local educational agency that receives a subgrant under section 4113(c) shall use those funds to support research-based, drug- and violence- prevention services and activities that are consistent with the principles of effectiveness described in section 4113(c)(2)(C)(ii). ``(b) Other Authorized Activities.--(1) Each local educational agency that receives a subgrant under section 4113(c) may also use those funds to carry out, in a manner that is consistent with the most recent relevant research, other services and activities that are consistent with the purposes of this title, such as-- ``(A) staff training and development; ``(B) parental involvement and training; ``(C) community involvement activities; ``(D) law enforcement and security activities that are related to school safety and drug use; ``(E) creating and maintaining safe zones of passage to and from school to prevent violence and drug trafficking; ``(F) counseling, mentoring, and referral services, and other student assistance programs; ``(G) before- and after-school programs; ``(H) alternative education programs for those students who have been expelled from their regular education programs; ``(I) programs to assist students to reenter the regular education program upon return from treatment or alternative education settings; ``(J) services and activities that reduce the need for suspension and expulsion in maintaining classroom order and school discipline; ``(K) services and activities to prevent and reduce truancy; ``(L) teaching students about the risks and consequences associated with handling firearms and that enables them to make safe choices and avoid injuries to themselves and others; and ``(M) activities designed to prevent hate crimes. ``(2) A local educational agency may not use more that 20 percent of its subgrant for the acquisition or use of metal detectors and security personnel unless it demonstrates in its application under section 4116 to the satisfaction of the State educational agency that it has a compelling need to do so. ``governor's programs ``Sec. 4115. (a) Allocation of Funds.--In each fiscal year, 20 percent of the total amount allocated to the State under section 4111(b) shall be used by the Governor to support community efforts that directly complement the efforts of local educational agencies to foster drug-free, safe, and orderly learning environments in and around schools. ``(b) State-Level Activities.--(1) A Governor shall reserve not more than 20 percent of the amount described in subsection (a) for State-level activities described in paragraph (2) and section 4113(b)(4). ``(2) A Governor may use not more than 5 percent of the amount described in subsection (a) for costs, direct or indirect, of carrying out the Governor's administrative responsibilities under this part. ``(3) The Governor shall reserve the remainder of the amount described in paragraph (1), after application of paragraph (2), but not less than 10 percent of the amount described in subsection (a), for State-level activities that are administered jointly with the State educational agency, as described in section 4113(b)(4). ``(c) Local-Level Activities.--(1)(A) A Governor shall use not less than 80 percent of the amount described in subsection (a) to make competitive subgrants to, or contracts with, community-based organizations, local educational agencies, and other public entities and private non-profit organizations, or consortia thereof, to support community efforts that directly complement the efforts of local educational agencies to foster drug-free, safe, and orderly learning environments in and around schools. ``(B) To be eligible for a subgrant under this subsection, an applicant (other than a local educational agency applying on its own behalf) shall include in its application its written agreement with one or more local educational agencies, or one or more schools within a local educational agency, to provide services and activities in support of such local educational agencies or schools, as well as an explanation of how those services and activities will complement or support the local educational agencies' or schools' efforts to provide a drug-free, safe, and orderly school environment. ``(C) The Governor shall base the competition conducted under subparagraph (A)-- ``(i) on the quality of the applicant's proposed program and how closely it is aligned with the principles of effectiveness described in section 4113(c)(2)(C)(ii); and ``(ii) on the needs of the schools or local educational agencies to be served, based on the objective criteria determined by the Governor. ``(D) Subgrants under this subsection may support community efforts on a Statewide, regional, or local basis and may support the efforts of local educational agencies and schools that do not receive funds under this part. ``(2)(A) Each recipient of a subgrant under this subsection shall use those funds to support research-based services and activities that are consistent with the principles of effectiveness described in section 4113(c)(2)(C)(ii). ``(B) Each recipient of a subgrant under this subsection may also use those funds to carry out, in a manner that is consistent with the most recent relevant research, other services and activities that are consistent with the purposes of this title, such as-- ``(i) counseling and mentoring services; ``(ii) the support of school resource officers, and other partnerships with law enforcement; ``(iii) after-school programs; ``(iv) activities designed to prevent hate crimes; and ``(v) alternative education programs for students removed from their regular educational programs. ``local applications ``Sec. 4116. Application Contents.--(a)(1) Applicants for subgrants under section 4113(c)(2), section 4113(c)(3), and section 4115(c) shall submit an application at such time and including such information as the State educational agency or the Governor, as applicable, requires, consistent with paragraph (3). ``(2)(A) Applications from local educational agencies for subgrants under section 4113(c)(2), section 4113(c)(3), and section 4115(c) shall be developed in consultation with a local or regional advisory council that includes, to the extent possible, representatives of local government, business, parents, students, teachers, pupil services personnel, mental health service providers, appropriate State agencies, private schools, law enforcement, community-based organizations, and other groups interested in, and knowledgeable about, drug and violence prevention. ``(B) Applications from entities other than local educational agencies for subgrants under section 4115(c) shall be developed in consultation with the schools or local educational agencies to be served and, to the extent practicable, with the representatives described in subparagraph (A). ``(3) Each application for a subgrant described in subsection (a) shall contain-- ``(A) the results of the applicant's needs assessment concerning the creation and maintenance of a drug-free, safe, and orderly school environment and include data on the prevalence of drug use and violence by youth in the schools and communities to be served; ``(B) a description of how the applicant will target services and activities on the communities, schools, and students with the greatest need for assistance in creating and maintaining drug-free, safe, and orderly learning environments; ``(C) the applicant's results-based performance measures for creating and maintaining a drug-free, safe, and orderly learning environment, which shall be focused on student behavior and attitudes, and include annual targets for each performance measure; ``(D) a description of the procedures the applicant will use to assess and publicly report progress toward meeting its performance indicators; ``(E) a description of how-- ``(i) the applicant will use the funds to be awarded and how the activities it will support with those funds address the needs identified under subparagraph (A) and the performance measures identified in subparagraph (C); and ``(ii) if the applicant is a local educational agency, how those activities are consistent with the Safe and Drug-Free Schools plan under paragraph (4)(F) or another existing school plan related to safe, disciplined, and drug-free environments; ``(F) a description of how the applicant will coordinate its activities with local, State, and Federal law enforcement, health, mental health, and education officials; ``(G) a description of how the applicant will coordinate its activities under this part with those implemented under the Drug-Free Communities Act, if any; ``(H) a description of the applicant's plan for evaluating its project; and ``(I) any other information the State educational agency or Governor, as applicable, may require to review applications, and award subgrants, based on the applicant's need for assistance and the quality of the application. ``(4) Each applicant for a subgrant under section 4113(c)(2) or 4113(c)(3) shall also include in its application an assurance that it-- ``(A) has a policy, consistent with State law and the Gun- Free Schools Act, that requires the expulsion of students who possess a firearm at school; ``(B) has, or will have, a full- or part-time program coordinator whose primary responsibility is planning, designing, implementing, and evaluating the applicant's programs (unless the applicant demonstrates in its application, to the satisfaction of the State educational agency, that such a program coordinator is not needed); ``(C) will evaluate its program every two years to assess its progress toward meeting its goals and objectives, and will use the results of its evaluation to improve its program and refine its goals and objectives, as needed; and ``(D) has, or the schools to be served have, a comprehensive Safe and Drug-Free Schools plan that includes-- ``(i) appropriate and effective discipline policies that prohibit disorderly conduct, the possession of firearms and other weapons, and the illegal use, possession, distribution, and sale of tobacco, alcohol, and other drugs by students, and that mandate predetermined consequences, sanctions, or interventions for specific offenses; ``(ii) security procedures at school and while students are on the way to and from school, which may include the use of metal detectors and the development and implementation of formal agreements with law enforcement officials; ``(iii) early intervention and prevention activities of demonstrated effectiveness designed to create and maintain safe, disciplined, and drug-free environments; ``(iv) school readiness and family involvement activities; ``(v) improvements to classroom management and school environment, such as efforts to reduce class size or improve classroom discipline; ``(vi) procedures to identify and intervene with troubled students, including establishing linkages with, and referring students to, juvenile justice, community mental health, and other service providers; ``(vii) activities that connect students to responsible adults in the community, including activities such as after-school or mentoring programs; and ``(viii) a crisis management plan for responding to violent or traumatic incidents on school grounds, which provides for addressing the needs of victims, and communicating with parents, the media, law enforcement officials, and mental health service providers. ``(5) Each applicant for a subgrant under section 4115(c) shall also include in its application-- ``(A) a description of how the services and activities to be supported will be coordinated with relevant programs under this part that are supported by State educational agencies, including how recipients will share resources, services, and data; ``(B) a description of how the applicant will coordinate its activities under this part with those implemented under the Drug-Free Communities Act, if any; and ``(C)(i) an assurance that it will evaluate its program every two years to assess its progress toward meeting its goals and objectives, and will use the results of its evaluation to improve its program and refine its goals and objectives as needed, if the applicant is not a local educational agency; or ``(ii) the assurances under paragraph (4) if the applicant is a local educational agency. ``(b) Review of Application.--To review applications under this section-- ``(1) State educational agencies shall use a peer review process; and ``(2) Governors may use a peer review process or other methods that ensure that applications are funded on the basis of need and quality. ``national evaluations and data collections ``Sec. 4117. (a) National Evaluations.--(1) The Secretary shall provide for periodic national evaluations, at least every two years, of the quality and impact of programs under this title and other programs designed to prevent drugs and violence in schools and submit a report of the findings of such evaluations to the President and Congress. ``(2)(A) The National Center for Education Statistics shall collect data to determine the frequency, seriousness, and incidence of violence in elementary and secondary schools in the States. The Secretary shall collect the data using, wherever appropriate, data submitted by the States pursuant to subsection (b)(1)(B). ``(B) The Secretary shall report to Congress on the data collected under this paragraph, together with such recommendations as the Secretary determines appropriate. ``(3) The Secretary of Education and the Attorney General shall publish annual reports on school safety. ``(b) State Reports.--(1) The Governor and State educational agency of each State shall annually report to the Secretary, in such form as the Secretary may require, on the State's progress toward attaining its performance indicators, required under section 4112(a)(1)(c)(ii), for achieving drug-free, safe, and orderly learning environments in its schools. Annual reports shall-- ``(A) be based on the State's ongoing evaluation activities; ``(B) include data on the prevalence and incidence of drug use and violence by youth in schools and communities; ``(C) address the implementation and outcomes of State and local programs under this part, as well as their effectiveness; and ``(D) be made readily available to the public. ``(2) Each State shall report to the Secretary, in such form as the Secretary, in consultation with the Secretary of Health and Human Services, may require, all school-related suicides and homicides within the State within 30 days of the incident. ``(c) Local Reports.--(1)(A) Each local educational agency that receives a subgrant under section 4113(c)(2) or section 4113(c)(3) shall report annually to the State educational agency and the public on-- ``(i) the local educational agency's progress toward meeting its results-based performance indicators for its program; ``(ii) the results of its on-going evaluation of its program; and ``(iii) any problems the local educational agency has encountered in implementing its program that warrant the provision of technical assistance by the State educational agency. ``(B) The State educational agency shall review the annual reports described under paragraph (1) and shall not provide funding for the second or third year of a local educational agency's program unless it determines that the local educational agency is making reasonable progress toward meeting its objectives. ``(2)(A) Each recipient of funds under section 4115(c) shall report annually to the Governor and to the public on-- ``(i) its progress toward meeting its results-based performance measures for its program; ``(ii) the results of its on-going evaluation of its program; and ``(iii) any problems it encountered in implementing its program that warrant the provision of technical assistance by the Governor. ``(B) The Governor shall review the annual reports described under subparagraph (A), and shall not provide funding for subsequent years of a multi-year program unless the Governor determines that the recipient is making reasonable progress toward meeting its objectives. ``Part B--National Programs ``national activities ``Sec. 4211. (a) Program Authorized.--From funds appropriated to carry out this part for each fiscal year under section 4004(2), the Secretary shall carry out-- ``(1) programs designed to promote drug-free, safe, and orderly learning environments for students at all educational levels, from preschool through the postsecondary level; and ``(2) programs for such students that promote lifelong physical activity. ``(b) Drug-Free, Safe, and Orderly Learning Environments.--(1) The Secretary may carry out the programs described in subsection (a)(1) directly, or through grants, contracts, or cooperative agreements with public and private agencies, organizations, and individuals, or through agreements with other Federal agencies, and shall coordinate with other Federal agencies, as appropriate. ``(2) Programs under this subsection may include, but are not limited to-- ``(A) one or more centers to provide training and technical assistance for teachers, school administrators and staff, and others on the identification and implementation of effective strategies to promote safe, orderly, and drug-free learning environments; ``(B) programs to train teachers in innovative techniques and strategies of effective drug and violence prevention; ``(C) research and demonstration projects to test innovative approaches to drug and violence prevention; ``(D) evaluations of the effectiveness of programs funded under this title, or other programs designed to create safe, disciplined, and drug-free environments; ``(E) direct services and technical assistance to schools and school systems, including those afflicted with especially severe drug and violence problems; ``(F) developing and disseminating drug and violence prevention materials and information in print, audiovisual, or electronic format, including information about effective research-based programs, policies, practices, strategies, and curriculum and other relevant materials to support drug and violence prevention education; ``(G) recruiting, hiring, and training program coordinators to assist school districts in implementing high-quality, effective, research-based drug and violence prevention programs; ``(H) the development and provision of education and training programs, curricula, instructional materials, and professional training for preventing and reducing the incidence of crimes or conflicts motivated by bullying, hate, prejudice, intolerance, or sexual harassment and abuse; ``(I) programs for youth who are out of the education mainstream, including school dropouts, students who have been suspended or expelled from their regular education program, and runaway or homeless children and youth; ``(J) programs implemented in conjunction with other Federal agencies that support local educational agencies and communities in developing and implementing comprehensive programs that create safe, disciplined, and drug-free learning environments and promote healthy childhood development; ``(K) services and activities that reduce the need for suspension and expulsion in maintaining classroom order and discipline; ``(L) services and activities to prevent and reduce truancy; ``(M) programs to provide counseling services to troubled youth, including support for the recruitment and hiring of counselors and the operation of telephone help lines; and ``(N) other activities that meet emerging or unmet national needs consistent with the purposes of this title. ``(c) Lifelong Physical Activity Programs.--(1) The Secretary may carry out the programs described in subsection (a)(2) directly, or through grants, contracts, or cooperative agreements with public and private agencies, organizations, and individuals, or through agreements with other Federal agencies, and shall coordinate with the Centers for Disease Control and Prevention, the President's Council on Physical Fitness, and other Federal agencies, as appropriate. ``(2) Programs under this subsection may include, but are not limited to-- ``(A) the conduct of demonstrations of school-based programs that promote lifelong physical activity, with a particular emphasis on physical education programs that are part of coordinated school health programs, that promote healthy, drug-free lifestyles; ``(B) training, technical assistance, and other activities to encourage States and local educational agencies to implement sound school-based programs that promote lifelong physical activity and healthy lifestyles; and ``(C) activities designed to build State capacity to provide leadership and strengthen schools' capabilities to provide school-based programs that promote lifelong physical activity and healthy lifestyles. ``(d) Peer Review.--The Secretary shall use a peer review process in reviewing applications for funds under this section. ``Part C--School Emergency Response to Violence ``project serv ``Sec. 4311. (a) Project SERV.--(1) From funds appropriated to carry out this part for each fiscal year under section 4004(3), the Secretary is authorized to carry out a program of providing education- related services to local educational agencies in which the learning environment has been disrupted due to a violent or traumatic crisis, such as a shooting or major accident. Such program may be referred to as `Project SERV.-- ``(2) The Secretary may carry out Project SERV directly, or through grants, contracts, or cooperative agreements with public and private organizations, agencies, and individuals, or through agreements with other Federal agencies. ``(b) Authorized Activities.--(1) Project SERV may provide-- ``(A) assistance to school personnel in assessing a crisis situation, including-- ``(i) assessing the resources available to the local educational agency and community to respond to the situation; and ``(ii) developing a response plan to coordinate services provided at the Federal, State, and local level; ``(B) mental health crisis counseling to students and their families, teachers, and others in need of such services; ``(C) increased school security; ``(D) training and technical assistance for State and local educational agencies, State and local mental health agencies, State and local law enforcement agencies, and communities to enhance their capacity to develop and implement crisis intervention plans; ``(E) services and activities designed to identify and disseminate the best practices of school- and community-related plans for responding to crises; and ``(F) other needed services and activities that are consistent with the purposes of this part. ``(2) The Secretary, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Federal Emergency Management Agency-- ``(A) shall establish such criteria and application requirements as may be needed to select which local educational agencies are assisted under this part; and ``(B) may establish such reporting requirements as may be needed to collect uniform data and other information from all local educational agencies assisted under this part. ``(c) Coordinating Committee.--(1) There shall be established a Federal coordinating committee on school crises comprised of the Secretary, the Attorney General, the Secretary of Health and Human Services, the Director of the Federal Emergency Management Agency, the Director of the Office of National Drug Control Policy, and such other members as the Secretary shall determine. The Secretary shall serve as chair of the Committee. ``(2) The Committee shall coordinate the Federal responses to crises that occur in schools or directly affect the learning environment in schools. ``Part D--Related Provisions ``gun-free schools act ``Sec. 4411. (a) Short Title.--This section may be cited as the `Gun-Free Schools Act'. ``(b) Requirements.--(1) Each State receiving Federal funds under the Elementary and Secondary Education Act of 1965 shall have in effect a State law requiring local educational agencies to expel from school, for a period of not less than one year, a student who is determined to have possessed a firearm at school under the jurisdiction of a local educational agency in that State, except that such State law shall allow the chief administering officer of that local educational agency to modify the expulsion requirement for a student on a case-by-case basis. ``(2) For the purpose of this section, the term `firearm' has the same meaning given that term in section 921 of title 18, United States Code (which includes bombs). ``(c) Special Rule.--This section shall be construed in a manner consistent with the Individuals with Disabilities Education Act. ``(d) Report to State.--Each local educational agency requesting assistance from the State educational agency under this Act shall provide to the State in its application-- ``(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b); ``(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including-- ``(A) the name of the school concerned; ``(B) the number of students expelled from such school (disaggregated by gender, race, ethnicity, and educational level); and ``(C) the type of weapons concerned; and ``(3) the number of-- ``(A) students referred to the criminal justice or juvenile justice system as required in section 4412(a)(1); and ``(B) instances in which the chief administering officer of a local educational agency modified the expulsion requirement described in subsection (b)(1) on a case-by-case basis. ``(e) Reporting.--Each State shall report the information described in subsection (d) to the Secretary on an annual basis. ``local policies ``Sec. 4412. (a) Required Policies.--No funds shall be made available under the Elementary and Secondary Education Act of 1965 to any local educational agency unless that agency has a policy ensuring-- ``(1) that any student who possesses a firearm at school served by such agency is referred to the criminal justice or juvenile justice system; ``(2) that a student described in paragraph (1) is referred to a mental health professional for assessment as to whether he or she poses an imminent threat of harm to himself, herself, or others and needs appropriate mental health services before readmission to school; and ``(3) that a student under paragraph (1) who has been determined by a mental health professional to pose an imminent threat of harm to himself, herself, or others receive, in addition to appropriate services under section 11206(9) of this Act, appropriate mental health services before being permitted to return to school. ``(b) Special Rule.--This section shall be construed in a manner consistent with the Individuals with Disabilities Education Act. ``(c) Definitions.--For the purposes of this section, the terms `firearm' and `school' have the same meaning given those terms in section 921(a) of title 18, United States Code. ``materials ``Sec. 4413. (a) `Wrong and Harmful Message'.--Drug prevention programs supported under this title shall convey a clear and consistent message that the illegal use of alcohol and other drugs is wrong and harmful. ``(b) Curriculum.--The Secretary shall not prescribe the use of particular curricula for programs under this title, but may evaluate and disseminate information about the effectiveness of such curricula and programs. ``prohibited uses of funds ``Sec. 4414. No funds under this title may be used for-- ``(1) construction (except for minor remodeling needed to accomplish the purposes of this part); and ``(2) medical services or drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who use alcohol, tobacco, or drugs.'' ``drug-free, alcohol-free, and tobacco-free schools ``Sec. 4415. (a) Required Policy.--Each State educational agency and local educational agency that receives funds under this title shall have a policy that prohibits the possession or use of tobacco, and the illegal possession or use of drugs and alcohol, in any form, at any time, and by any person, in school buildings, on school grounds, or at any school-sponsored event. ``(b) Assurance.--Each local educational agency requesting assistance under this title from the State educational agency shall include in its application an assurance that it is in compliance with the requirements of this section. ``(c) State Reporting.--Each State educational agency shall report to the Secretary on an annual basis if any local educational agency is not in compliance with the requirements of subsection (a). ``prohibition on supplanting ``Sec. 4416. Funds under this title shall be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this title, be made available for programs and activities authorized under this title, and in no case to supplant such State, local, and other non-Federal funds. ``definitions of terms ``Sec. 4417. As used in this title-- ``(1) the term `drug and violence prevention' means-- ``(A) with respect to drugs, prevention, early intervention, rehabilitation, referral, or education related to the illegal use of alcohol and the use of controlled, illegal, addictive, or harmful substances, including inhalants and anabolic steroids; ``(B) prevention, early intervention, smoking cessation activities, or education related to the use of tobacco by children and youth eligible for services under this title; and ``(C) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school- sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others; ``(2) the terms `drug treatment' and `drug rehabilitation' include activities to assist regular users of drugs to become drug-free, but do not include alternative education programs for students expelled from school, student assistance programs, or programs to help students who have been expelled to re-enter and succeed in their regular education program; ``(3) the term `hate crime' means a crime described in section 1(b) of the Hate Crime Statistics Act of 1990; and ``(4) the term `medical services' includes, but is not limited to, the diagnosis and treatment of disease, illness, or injury, but does not include assessments by mental health professionals to determine whether a student poses an imminent threat of harm to himself or others.''. TITLE V--PROMOTING EQUITY, EXCELLENCE, AND PUBLIC SCHOOL CHOICE renaming the title Sec. 501. The heading for Title V of the ESEA is amended to read as follows: ``TITLE V--PROMOTING EQUITY, EXCELLENCE, AND PUBLIC SCHOOL CHOICE''. amendments to the magnet schools assistance program Sec. 502. (a) Findings.--Section 5101 of the ESEA is amended to read as follows: ``findings ``Sec. 5101. The Congress finds as follows: ``(1) Magnet schools are a significant part of our Nation's effort to achieve voluntary desegregation in our Nation's schools. ``(2) It is in the national interest to desegregate and diversify those schools in our Nation that are racially, economically, linguistically, or ethnically segregated. Such segregation exists between minority and non-minority students as well as among students of different minority groups. ``(3) Desegregation can help increase rates of high school graduation and college attendance, and can promote better occupational prospects for students who have attended integrated schools. ``(4) Desegregation can provide students with valuable experience that prepares them to function in a diverse society and can help break down longstanding patterns of racial isolation in adult social relationships. ``(5) Despite ongoing desegregation efforts in the Nation-- ``(A) almost one-third of our elementary and secondary schools continue to be schools with 50 percent or more minority students; ``(B) more than two-thirds of minority students attend schools with 50 percent or more minority students, and almost half of minority students attend schools with 75 percent or more minority students; ``(C) almost one-third of non-minority students attend schools with less than 10 percent minority students; ``(D) almost one-quarter of African-American students attend schools with 90 percent or more African-American students; and ``(E) almost one-third of Hispanic students attend schools with 75 percent or more Hispanic students. ``(6) Local educational agencies'' use of magnet schools has increased dramatically since the enactment of the Magnet Schools Assistance program, thus increasing public school options for the approximately two million students nationwide now attending such schools, of which more than 65 percent of the students are minority. ``(7) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement efforts. ``(8) In administering the Magnet Schools Assistance program, the Federal Government has learned that-- ``(A) where magnet programs are implemented for only a portion of a school's student body, special efforts must be made to discourage the isolation of-- ``(i) magnet school students from other students in the school; and ``(ii) students by racial characteristics; ``(B) local educational agencies can maximize their effectiveness in achieving the purposes of the Magnet Schools Assistance program if they have more flexibility in the administration of the program in order to serve students attending a school who are not enrolled in the magnet program; ``(C) local educational agencies must be creative in designing magnet schools for students at all academic levels, so that those schools do not serve only the highest-achieving students; ``(D) consistent with desegregation guidelines, local educational agencies must seek to enable participation in magnet school programs by students who reside in the neighborhoods where the programs operate; ``(E) in order to ensure that magnet schools are sustained after Federal funding ends, the Federal Government must assist school districts to improve their capacity to continue operating magnet schools at a high level of performance; and ``(F) magnet schools and interdistrict magnet programs have provided poor and minority students opportunities to succeed academically and continue with college or productive employment. ``(9) It is in the best interest of the Federal Government to-- ``(A) continue Federal support of school districts implementing court-ordered desegregation plans and school districts seeking to foster meaningful interaction among students of different racial and ethnic backgrounds, beginning at the earliest stage of their education; ``(B) help ensure that all students have equitable access to high-quality education that will prepare them to function well in a culturally diverse, technologically oriented, and highly competitive global community; and ``(C) help maximize the ability of local educational agencies to plan, develop, implement and continue effective and innovative magnet schools that contribute to State and local systemic reform.''. (b) Purpose.--Section 5102(3) of the ESEA is amended to read as follows: ``(3) the development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary and secondary schools and educational programs; and''. (c) Application Requirements.--Section 5106(b)(1)(D) of the ESEA is amended by-- (1) striking out ``under this Act, the Goals 2000: Educate America Act,'' and inserting in lieu thereof ``under this Act,''; and (2) striking out ``section 14306'' and inserting in lieu thereof ``section 14307''. (d) Priority.--Section 5107 of the ESEA is amended by-- (1) striking out paragraphs (1) and (5); (2) redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and (3) adding a new paragraph (4) to read as follows: ``(4) propose activities, which may include professional development, that will build local capacity to operate the magnet program once Federal assistance has ended.''. (e) Uses of Funds.--Section 5108(a) of the ESEA is amended-- (1) by amending paragraph (3) to read as follows: ``(3) for the payment, or subsidization of the compensation, of-- ``(A) elementary and secondary school teachers who are certified or licensed by the State; and ``(B) instructional staff who have-- ``(i) expertise and professional skills necessary for the conduct of programs in magnet schools; or ``(ii) demonstrate knowledge, experience, or skills in the relevant field of expertise, such as expertise in the performing arts, the medical sciences, or the field of law;''; (2) in paragraph (4), by striking out the period and inserting in lieu thereof a semicolon and ``and''; and (3) by adding a new paragraph (5) to read as follows: ``(5) for activities, which may include professional development, that will build the applicant's capacity to operate the magnet program once Federal assistance has ended.''. (f) Repeal.--Section 5111 of the ESEA is repealed. (g) Evaluation, Technical Assistance, and Dissemination.--Section 5112 of the ESEA is-- (1) redesignated as section 5111; and (2) amended, as redesignated by paragraph (1), to read as follows: ``evaluation, technical assistance, and dissemination ``Sec. 5111. The Secretary may reserve not more than five percent of the funds appropriated under section 5112(a) for any fiscal year-- ``(1) for evaluations of magnet school programs assisted under this part, which, at a minimum, shall address-- ``(A) how, and the extent to which, magnet school programs lead to high educational quality and improvement; ``(B) the extent to which magnet school programs enhance student access to high-quality education; ``(C) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial proportions of minority students; ``(D) the extent to which magnet school programs differ from other school programs in terms of organizational characteristics and resource allocations; and ``(E) the extent to which magnet school programs continue once grant assistance under this part ends; ``(2) to provide technical assistance to applicants and grantees; and ``(3) to collect and disseminate information on successful magnet school programs.''. (h) Authorization of Appropriations.--(1) Section 5113(a) of the ESEA is amended to read as follows: ``(a) Authorization.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. (2) Section 5113 of the ESEA, as amended by paragraph (1), is redesignated as section 5112. amendments to and redesignation of the women's educational equity program Sec. 503. (a) Amendments to the Women's Educational Equity Program.--(1) Section 5201 of the ESEA is amended-- (A) in subsection (a), by striking out ``of 1994''; and (B) in subsection (b)(3)-- (i) in paragraph (B), by striking out ``do not'' and inserting in lieu thereof ``continue not to''; and (ii) by amending paragraph (C) to read as follows: ``(C) girls lose confidence in their mathematics and science ability as they move through adolescence, girls do not take as many upper-level mathematics and science courses as boys, and girls are dramatically underrepresented in higher-level computer science courses;''. (2) Section 5204 of the ESEA is amended-- (A) by striking out ``section 5203(b)(1)'' each place it appears and inserting in lieu thereof ``section 5403(b)(2)(A)'' in each such place; (B) in paragraph (2), by striking out ``the National Education Goals'' and inserting in lieu thereof ``America's Education Goals''; (C) by striking out paragraph (4); and (D) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. (3) Section 5205(a)(1) of the ESEA is amended by striking out ``section 5203(b)'' and inserting in lieu thereof ``section 5403(b)''. (4) Section 5206 of the ESEA is repealed. (5) Section 5207 of the ESEA is amended-- (A) by striking out subsection (a); and (B) in subsection (b), by striking out the subsection designation and heading. (6) Section 5208 is amended to read as follows: ``authorization of appropriations ``Sec. 5208. For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. (b) Redesignation.--(1) Part B of title V of the ESEA is redesignated as part D. (2) Sections 5201, 5202, 5203, 5204, 5205, 5207, and 5208 of the ESEA are redesignated as sections 5401, 5402, 5403, 5404, 5405, 5406, and 5407, respectively. repeal of the assistance to address school dropout problems program Sec. 504. Part C of title V of the ESEA is repealed. redesignation of the public charter schools program Sec. 505. (a) Redesignation.--(1) Part C of title X of the ESEA is redesignated as part B of title V of the ESEA. (2) The heading for Part B of Title V of the ESEA, as redesignated by paragraph (1), is amended to read as follows: ``Part B--Public Charter Schools''. (3) Sections 10301 through 10311 of the ESEA are redesignated as sections 5201 through 5211 of title V of the ESEA, respectively. (b) Conforming Amendments.--(1) Section 5202 of the ESEA, as redesignated by subsection (a)(3), is amended-- (A) in subsection (a), by striking out ``section 10303'' and inserting in lieu thereof ``section 5203''; (B) in subsection (b), by-- (i) striking out ``section 10303'' and inserting in lieu thereof ``section 5203''; and (ii) striking out ``section 10303(c)'' and inserting in lieu thereof ``section 5203(c)''; (C) in subsection (c)(2)(C), by striking out ``section 10304(f)(6)(B)'' and inserting in lieu thereof ``section 5204(f)(6)(B)''; and (D) in subsection (e)(1), by striking out ``section 10311'' each place it appears and inserting in lieu thereof ``section 5211''. (2) Section 5203 of the ESEA, as redesignated by subsection (a)(3), is amended-- (A) in subsection (b)(3)(L), by striking out ``section 10302(c)(2)(C)'' and inserting in lieu thereof ``section 5202(c)(2)(C)''; (B) in subsection (c), by striking out ``section 10302(e)(1) or 10302(b)'' and inserting in lieu thereof ``section 5202(b)''; and (C) in subsection (d)(2)(B), by striking out ``section 10304(e)'' and inserting in lieu thereof ``section 5204(e)''. (3) Section 5204 of the ESEA, as redesignated by subsection (a)(3), is amended-- (A) in subsection (a)-- (i) in the matter before paragraph (1), by striking out ``section 10303(b)'' and inserting in lieu thereof ``section 5203(b)''; and (ii) in paragraph (7), by striking out ``section 10302(c)(2)(C)'' and inserting in lieu thereof ``section 5202(c)(2)(C)''; (B) in subsection (b)(7), by striking out ``section 10302(c)(2)(C)'' and inserting in lieu thereof ``section 5202(c)(2)(C)''; and (C) in subsection (e), by striking out ``section 10310(1)'' and inserting in lieu thereof ``section 5210(1)''. options: opportunities to improve our nation's schools Sec. 506. Title V of the ESEA is further amended by adding a new part C to read as follows: ``Part C--Options: Opportunities To Improve Our Nation's Schools ``findings; purpose ``Sec. 5301. (a) Findings.--The Congress finds that-- ``(1) a wide variety of educational opportunities and options in the public school system is needed to help all children achieve to high standards; ``(2) high-quality public school choice programs that are genuinely open and accessible to all students (including poor, minority, limited English proficient, and disabled students) broaden educational opportunities and promote excellence in education; ``(3) current research shows that-- ``(A) students learn in different ways, benefiting from different teaching methods and instructional settings; and ``(B) family involvement in a child's education (such as helping choose what courses to take) is a key factor supporting student achievement; ``(4) public school systems have begun to develop a variety of innovative programs that offer expanded choices to parents and students; and ``(5) the Federal Government should support and expand efforts to give students and parents the high-quality public school choices they seek, to help eliminate barriers to effective public school choice, and to disseminate the lessons learned from high-quality choice programs so that all public schools can benefit from these efforts. ``(b) Purpose.--It is the purpose of this part to identify and support innovative approaches to high-quality public school choice by providing financial assistance for the demonstration, development, implementation, and evaluation of, and dissemination of information about, public school choice projects that stimulate educational innovation for all public schools and contribute to standards-based school reform efforts. ``grants ``Sec. 5302. (a) In General.--From funds appropriated under section 5305(a) and not reserved under section 5305(b), the Secretary is authorized to make grants to State and local educational agencies to support programs that promote innovative approaches to high-quality public school choice. ``(b) Duration.--Grants under this part shall not exceed three years. ``uses of funds ``Sec. 5303. (a) Uses of Funds.--(1) Funds under this part may be used to demonstrate, develop, implement, evaluate, and disseminate information on innovative approaches to broaden public school choice, including the design and development of new public school choice options, the development of new strategies for overcoming barriers to effective public school choice, and the design and development of public school choice systems that promote high standards for all students and the continuous improvement of all public schools. ``(2) Examples of such approaches at the school, district, and State levels are-- ``(A) inter-district approaches to public school choice, including approaches that increase equal access to high-quality educational programs and diversity in schools; ``(B) public elementary and secondary programs that involve partnerships with institutions of higher education and that are located on the campuses of those institutions; ``(C) programs that allow students in public secondary schools to enroll in postsecondary courses and to receive both secondary and postsecondary academic credit; ``(D) worksite satellite schools, in which State or local educational agencies form partnerships with public or private employers, to create public schools at parents' places of employment; and ``(E) approaches to school desegregation that provide students and parents choice through strategies other than magnet schools. ``(b) Limitations.--Funds under this part shall-- ``(1) supplement, and not supplant, non-Federal funds expended for existing programs; ``(2) not be used for transportation; and ``(3) not be used to fund projects that are specifically authorized under part A or B of this title. ``grant application; priorities ``Sec. 5304. (a) Application Required.--A State or local educational agency desiring to receive a grant under this part shall submit an application to the Secretary, in such form and containing such information, as the Secretary may require. ``(b) Application Contents.--Each application shall include-- ``(1) a description of the program for which funds are sought and the goals for such program; ``(2) a description of how the program funded under this part will be coordinated with, and will complement and enhance, programs under other related Federal and non-federal projects; ``(3) if the program includes partners, the name of each partner and a description of its responsibilities; ``(4) a description of the policies and procedures the applicant will use to ensure-- ``(A) its accountability for results, including its goals and performance indicators; and ``(B) that the program is open and accessible to, and will promote high academic standards for, all students. ``(c) Priorities.--(1) The Secretary shall give a priority to applications for projects that would serve high-poverty local educational agencies. ``(2) The Secretary is authorized to give a priority to applications demonstrating that the applicant will carry out its project in partnership with one or more public and private agencies, organizations, and institutions, including institutions of higher education and public and private employers. ``authorization of appropriations ``Sec. 5305. (a) Authorization of Appropriation.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``(b) Reservation for Evaluation, Technical Assistance, and Dissemination.--From the amount appropriated under subsection (a) for any fiscal year, the Secretary may reserve not more than five percent to carry out evaluations under subsection (c), to provide technical assistance, and to disseminate information. ``(c) Evaluations.--The Secretary may use funds reserved under subsection (b) to carry out one or more evaluations of programs assisted under this part, which shall, at a minimum, address-- ``(1) how, and the extent to which, the programs supported with funds under this part promote educational equity and excellence; and ``(2) the extent to which public schools of choice supported with funds under this part are-- ``(A) held accountable to the public; ``(B) effective in improving public education; and ``(C) open and accessible to all students.''. TITLE VI--CLASS-SIZE REDUCTION class-size reduction Sec. 601. Title VI of the ESEA is amended to read as follows: ``findings ``Sec. 6001. The Congress finds as follows: ``(1) Rigorous research has shown that students attending small classes than students in larger classes, and that these achievement gains persist through at least the 8th grade. ``(2) The benefits of smaller classes are greatest for lower-achieving, minority, poor, and inner-city children. One study found that urban fourth-graders in smaller-than-average classes were three-quarters of a school year ahead of their counterparts in larger-than-average classes. ``(3) Teachers in small classes can provide students with more individualized attention, spend more time on instruction and less on other tasks, and cover more material effectively, and are better able to work with parents to further their children's education. ``(4) Smaller classes allow teachers to identify and work sooner with students who have learning disabilities, thereby potentially reducing those students' need for special education services in the later grades. ``(5) The National Research Council report, `Preventing Reading Difficulties in Young Children', recommends reducing class sizes, accompanied by high-quality professional development for teachers, as a strategy for improving student achievement in reading. ``(6) Efforts to improve educational outcomes by reducing class sizes in the early grades are likely to be successful only if well-qualified teachers are hired to fill additional classroom positions and if teachers receive intensive, on-going professional development. ``(7) Several States and school districts have begun a serious effort to reduce class sizes in the early elementary grades, but these actions may be impeded by financial limitations or difficulties in hiring highly qualified teachers. ``(8) The Federal Government can assist in this effort by providing funding for class-size reductions in grades one through three, and by helping to ensure that both new and current teachers who are moving into smaller classrooms are well prepared. ``purpose ``Sec. 6002. The purpose of this title is to help States and local educational agencies recruit, train, and hire 100,000 additional teachers in order to-- ``(1) reduce class sizes nationally, in grades 1 through 3, to an average of 18 students per regular classroom; and ``(2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. ``authorization of appropriations ``Sec. 6003. For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. ``allocations to states ``Sec. 6004. (a) Reservation for the Outlying Areas and the Bureau of Indian Affairs.--Of the amount appropriated under section 6003 for any fiscal year, the Secretary shall reserve a total of not more than 1 percent to make payments, on the basis of their respective needs, to-- ``(1) American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands for activities, approved by the Secretary, consistent with this Act; and ``(2) the Secretary of the Interior for activities approved by the Secretary, consistent with this Act, in schools operated or supported by the Bureau of Indian Affairs. ``(b) Allocations to States.--(1) After reserving funds under subsection (a), the Secretary shall allocate to each State the percentage of the remaining amount that is the greater of the percentage it received for the preceding fiscal year of the total amount allocated to the States under section 1122 of this Act or section 2202(b) of this Act, as it was in effect before enactment of the Educational Excellence for All Children Act of 1999, or under section 2121 of this Act, as the case may be. ``(2) The Secretary shall ratably reduce the allocations determined under paragraph (1) as necessary. ``(3) If any State chooses not to participate in the program under this Act, or fails to submit an approvable application, the Secretary shall reallocate its allocation to the remaining States, in accordance with paragraph (1). ``applications ``Sec. 6005. (a) Application Required.--The State educational agency of each State desiring to receive a grant under this title shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. ``(b) Contents.--Each application shall include-- ``(1) the State's goals for using funds under this title to reduce average class sizes in regular classrooms in grades 1 through 3, including a description of current class sizes in those grades in the local educational agencies of the State; ``(2) a description of the State educational agency's plan for allocating program funds within the State; ``(3) a description of how the State will use other funds, including other Federal funds, to reduce class sizes and improve teacher quality and reading achievement within the State; and ``(4) an assurance that the State educational agency will submit such reports and information as the Secretary may reasonably require. ``(c) Approval of Applications.--The Secretary shall approve a State's application if it meets the requirements of this section and holds reasonable promise of achieving the purposes of this Act. ``within-state allocations ``Sec. 6006. (a) Allocations to Local Educational Agencies.--Each State that receives funds under this title for any fiscal year may reserve not more than 1 percent of those funds for the cost of administering this title, and shall distribute all remaining funds to local educational agencies, of which-- ``(1)(A) 80 percent shall be allocated to local educational agencies in proportion to the relative numbers of children, aged 5 through 17, who reside in the school districts served by those agencies and who are from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902)) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available; except that ``(B) a State may adjust the data described in subparagraph (A), or use alternative child-poverty data, if it demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the incidence of children living in poverty in local educational agencies in the State; and ``(2) 20 percent shall be allocated in accordance with the relative enrollments of children, aged 5 through 17, in public and private nonprofit elementary and secondary schools within the boundaries of those agencies. ``(b) Reallocation.--If any local educational agency chooses not to participate in the program under this title, or fails to submit an approvable application, the State educational agency shall reallocate its allocation to the remaining local educational agencies, in accordance with subsection (a). ``local applications ``Sec. 6007. Each local educational agency that wishes to receive a subgrant under section 6006 shall submit an application to the State educational agency that contains a description of its program to reduce class size by hiring additional highly qualified teachers. ``uses of funds ``Sec. 6008. (a) Administrative Expenses.--Each local educational agency receiving a subgrant under section 6006 may use not more than 3 percent of the subgrant funds for any fiscal year for the costs of administering this title. ``(b) Teacher Testing and Professional Development.--Each local educational agency may use not more than a total of 15 percent of the funds it receives under this title for any fiscal year to-- ``(1) assess new teachers for their competency in content knowledge and teaching skills; ``(2) assist new teachers to take any tests required to meet State certification requirements; and ``(3) provide professional development to teachers (including teachers of children with disabilities and teachers of children with limited English proficiency), which it shall coordinate with activities carried out under titles II and VII of this Act, title II of the Higher Education Act of 1965, and the Individuals with Disabilities Education Act, if it is participating in programs funded under those statutes. ``(c) Recruiting, Hiring, and Training Teachers.--Each local educational agency shall use any funds not expended under subsection (a) or (b) to recruit, hire, and train certified teachers (which may include teachers certified through State and local alternative routes), for the purpose of reducing class size to 18, which may include hiring special education teachers to team-teach with regular classroom teachers. ``(d) Limitation.--No local educational agency may use funds made available under this title to increase the salary of, or to provide benefits (other than participation in professional development and enrichment programs) to, any teacher who is, or has been, employed by the agency. ``(e) Additional Uses.--A local educational agency that has already reduced class size in grades 1 through 3 to 18 or fewer children may use funds received under this title to-- ``(1) make further class-size reductions in grades 1 through 3; ``(2) reduce class size in kindergarten or other grades; or ``(3) carry out activities to improve teacher quality, including professional development. ``(f) Small LEAS.--Notwithstanding any other provision of this section (except for subsection (d)), a local educational agency that receives a subgrant under this section in an amount less than the starting salary for a new teacher in that agency may use the subgrant funds-- ``(1) to form a consortium with one or more other local educational agencies for the purpose of reducing class size; ``(2) to help pay the salary of a full or part-time teacher hired to reduce class size; or ``(3) for professional development related to teaching in smaller classes, if the amount of the subgrant is less than $10,000. ``cost-sharing requirement ``Sec. 6009. (a) Federal Share.--(1) The Federal share of the cost of activities carried out under this title may be up to 100 percent in local educational agencies with child-poverty levels greater than 50 percent, but shall be no more than 65 percent in local educational agencies with child-poverty rates of less than 50 percent. ``(2) In determining the child-poverty rates and Federal share of individual local educational agencies under paragraph (1), each State shall use the most recent census data that the Secretary finds satisfactory. ``(b) Local Share.--A local educational agency shall provide the non-Federal share of a project under this Act through cash expenditures from non-Federal sources, except that if an agency has allocated funds under section 1113(c) of this Act to one or more schoolwide programs under section 1114, it may use those funds for the non-Federal share of activities under this program that benefit those schoolwide programs, to the extent consistent with section 1120A(c) and notwithstanding section 1114(a)(3)(B). ``nonsupplanting ``Sec. 6010. A local educational agency shall use funds it receives under this title to supplement the level of funds that, in the absence of funds under this title, would be spent for the combination of-- ``(1) teachers in regular classrooms in schools receiving assistance under this title; ``(2) assessing new teachers in their competency in content knowledge and teaching skills, and to assist new teachers to take any tests required to meet State certification standards; and ``(3) professional development for teachers. ``annual state reports ``Sec. 6011. Each State receiving funds under this title shall submit to the Secretary an annual report on its activities under this title, in such form and containing such information as the Secretary may reasonably require. ``participation of private school teachers ``Sec. 6012. (a) In General.--Each local educational agency receiving funds under this title shall, in accordance with sections 11803 through 11806, provide for the equitable participation of private school teachers in the professional development activities the agency and its schools carry out with those funds. ``(b) Limitation.--Sections 11803 through 11806 do not apply to other activities under this title. ``definition ``Sec. 6013. As used in this title, the term `State' means each of the 50 States, the District of Columbia, and Puerto Rico.''. TITLE VII--BILINGUAL EDUCATION ACT findings, policy, and purpose Sec. 701. Section 7102 of the Act is amended-- (1) by amending subsection (a) to read as follows: ``(a) Findings.--The Congress finds that-- ``(1) as the Nations of the world become increasingly interdependent and as international communication becomes a daily occurrence in government, business, commerce, and family life, multilingual skills constitute an important national resource that deserves protection and development; ``(2) the presence of language-minority Americans is related to Federal immigration policies; ``(3) language-minority Americans speak virtually all languages, including many that are indigenous to the United States; ``(4) many language-minority Americans are limited in their English proficiency, and many have limited education and income; ``(5) there are large, and growing, numbers of children and youth of limited English proficiency, many of whom have a cultural heritage that differs from that of their English proficient peers; ``(6) limited English proficient students and their families are increasingly moving into school districts that do not have appropriate services in place to serve them; ``(7) limited English proficient students arrive at their schools at various age levels and often with little or no prior formal schooling; ``(8) limited English proficient children and youth face a number of challenges in receiving an education that will enable them to participate fully in American society, including-- ``(A) segregated education programs; ``(B) disproportionate and improper placement in special education and other special programs, due to the use of inappropriate evaluation procedures; ``(C) disproportionate attendance in high-poverty schools, as demonstrated by the fact that, in 1994, 75 percent of limited English proficient students attended schools in which at least half of all students were eligible for free or reduced-price meals; ``(D) the limited English proficiency of their parents, which hinders parents' ability to participate fully in the education of their children; and ``(E) a shortage of teachers and other staff who are professionally trained and qualified to serve such children and youth; ``(9) school districts and schools find it challenging to include limited English proficient students in their reform efforts; ``(10) a 1999 National Center for Education Statistics survey found that teachers are less likely to participate in professional development designed to address the needs of limited English proficient students than to take part in any other kind of professional development activity; ``(11) institutions of higher education can assist in preparing teachers, administrators, and other school personnel to understand and build upon the educational strengths and needs of language-minority and culturally diverse student enrollments; ``(12) high-quality bilingual education programs enable children and youth to learn English and meet high academic standards; ``(13) a 1998 National Research Council report, Preventing Reading Difficulties in Young Children, found that limited English proficient students should be taught to read first in their native language and that, if such an approach is not possible due to lack of materials and resources, limited English proficient students should attain some fluency in oral English before they receive formal reading instruction in English; ``(14) the use of a child's or youth's native language and culture in classroom instruction can-- ``(A) promote self-esteem and contribute to academic achievement and learning English by limited English proficient children and youth; ``(B) benefit children and youth who are proficient in English and also participate in such programs; and ``(C) develop our Nation's national language resources, thus promoting our Nation's competitiveness in the global economy; ``(15) research, evaluation, and data collection capabilities in the field of bilingual education need to be strengthened so that educators and other staff can better identify and promote programs, program implementation strategies, and instructional practices that result in effective education of limited English proficient children; ``(16) parent and community participation in bilingual education programs contributes to program effectiveness; ``(17) educational technology has the potential for improving the education of language-minority and limited English proficient students and their families, and the Federal Government should foster development of that technology; ``(18) the Federal Government, as reflected in title VI of the Civil Rights Act of 1964 and section 204(f) of the Equal Education Opportunities Act of 1974, has a special and continuing obligation to ensure that States and local school districts take appropriate action to provide equal educational opportunities to children and youth of limited English proficiency; ``(19) the Federal Government also, as exemplified by programs authorized under this title, has a special and continuing obligation to assist States and local school districts to develop the capacity to provide programs of instruction that offer limited English proficient children and youth an equal educational opportunity; and ``(20) Native Americans and Native American languages (as such terms are defined in section 103 of the Native American Languages Act), including native residents of the outlying areas, have a unique status under Federal law that requires special policies within the broad purposes of this Act.''; (2) by amending subsection (b) to read as follows: ``(b) Policy.--The Congress declares it to be the policy of the United States-- ``(1) in order to ensure equal educational opportunity for all children and youth and to promote educational excellence, that the Federal Government should assist State and local educational agencies, institutions of higher education, and community-based organizations to build their capacity to establish, implement, and sustain programs of instruction for children and youth of limited English proficiency; and ``(2) in order to ensure that school districts are providing effective instruction to limited English proficient students that enable students to achieve to challenging State standards and are providing programs under subtitle 1 of part A of this title that are consistent with the requirements under section 1111(b)(2)(F)(v) of title I of this Act, that-- ``(A) those students should be included in State assessments of academic performance; ``(B) those students should be assessed, to the extent practicable, in the language and form most likely to yield accurate and reliable information on what those students know, and can do, in subjects other than English, including using tests written in Spanish for Spanish-speaking students with limited English proficiency, if those tests are more likely than tests written in English to yield accurate and reliable information on what those students know, and can do, in subjects other than English; and ``(C) those students who have been in United States schools (not including Puerto Rico) for three consecutive years or more should be tested in reading and language arts using tests written in English.''; and (3) in subsection (c)-- (A) in the matter before paragraph (1), by striking out ``to educate limited English proficient children and youth to'' and inserting in lieu thereof ``to help ensure that limited English proficient students master English and''; and (B) by amending paragraph (1) to read as follows: ``(1) promoting systemic improvement and reform of, and developing accountability systems for, educational programs serving students with limited English proficiency.''. authorization of appropriations for part a Sec. 702. Section 7103(a) of the ESEA is amended to read as follows: ``(a) In General.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2001 through 2005.''. program development and enhancement grants Sec. 703. Section 7113 of the ESEA is amended-- (1) by amending the section heading to read as follows: ``program development and enhancement grants''; (2) by amending subsection (a) to read as follows: ``(a) Purpose.--The purpose of this section is to provide grants to eligible entities to carry out innovative instructional programs for limited English proficient students.''; (3) in subsection (b)-- (A) in paragraph (1)(B), by striking out ``two'' and inserting in lieu thereof ``three''; and (B) by amending paragraph (2) to read as follows: ``(2) Authorized activities.--(A) Grants under this section shall be used for-- ``(i) developing and implementing comprehensive, preschool, elementary, or secondary education programs for children and youth with limited English proficiency, that are aligned with standards-based State and local school reform efforts and coordinated with other relevant programs and services to meet the full range of educational needs of such children and youth; ``(ii) providing high-quality professional development to classroom teachers, administrators, and other school or community-based organization personnel to improve the instruction and assessment of limited English proficient students; and ``(iii) annually assessing the English proficiency of all limited English proficient students served by the program. ``(B) Grants under this section may be used for-- ``(i) implementing programs to upgrade the reading and other academic skills of limited English proficient students; ``(ii) developing accountability systems to track the academic progress of limited English proficient and formerly limited English proficient students; ``(iii) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children; ``(iv) improving the instructional program for limited English proficient students by identifying, acquiring, and applying effective curriculum, instructional materials, assessments, and educational technology aligned with State and local standards; ``(v) providing tutorials and academic or career counseling for children and youth who are limited English proficient; and ``(vi) such other activities, consistent with the purposes of this part, as the Secretary may approve.''; and (4) by adding at the end thereof the following new subsection: ``(d) Priority.--The Secretary is authorized to give priority to applicants that have a total district enrollment that is less than 10,000 students and have limited or no experience in serving limited English proficient students.''. comprehensive school grants Sec. 704. Section 7114 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) Purpose.--The purpose of this section is to implement school- wide education programs, in coordination with title I, for children and youth with limited English proficiency-- ``(1) to assist such children and youth to learn English and achieve to challenging State content and performance standards; and ``(2) to improve, reform, and upgrade relevant programs and operations, in schools with significant concentrations of such students or that serve significant numbers of such students.''; (2) by amending subsection (b)(2) to read as follows: ``(2) Program Improvement Plan.--(A) The Secretary, before making a continuation award for the fourth year of a program under this section, shall determine if the program is making continuous and substantial progress in assisting children and youth with limited English proficiency to learn English and achieve to challenging State content and performance standards. The Secretary shall base the determination on-- ``(i) the indicators established under section 7118(d) and the data and information collected under section 7118; and ``(ii) such other data and information as the Secretary may require. ``(B)(i) If the Secretary determines that a recipient requesting a fourth-year continuation award under this section is not making continuous and substantial progress under subparagraph (A), the recipient shall promptly develop and submit to the Secretary a program improvement plan for its program. ``(ii) The Secretary shall approve a program improvement plan under clause (i) only if he or she determines that it holds reasonable promise of enabling students with limited English proficiency participating in the program to learn English and achieve to challenging State content and performance standards. ``(iii) If the Secretary determines that the recipient is not making substantial progress in implementing the program improvement plan under clause (i), the Secretary shall deny a continuation award.''; (3) by amending paragraphs (3) and (4) to read as follows: ``(3) Authorized activities.--(A) Grants under this section shall be used to improve the education of limited English proficient students and their families by-- ``(i) coordinating the program with district policies and practices, as well as other relevant programs and services, and aligning the program with school reform efforts to meet the full range of educational needs of limited English proficient students; ``(ii) providing training to all, or virtually all, school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient students; ``(iii) developing or improving accountability systems to track the academic progress of limited English proficient and formerly limited English proficient students; and ``(iv) annually assessing the English proficiency of all limited English proficient students served by the program. ``(B) Grants under this section may also be used for-- ``(i) implementing programs to upgrade the reading and other academic skills of limited English proficient students; ``(ii) developing and using educational technology, including interactive technology, to improve learning, assessments, and accountability; ``(iii) implementing and adapting research-based models for meeting the needs of limited English proficient students; ``(iv) developing and implementing programs to meet the needs of limited English proficient students with disabilities; ``(v) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children; ``(vi) improving the instructional program for limited English proficient students by identifying, acquiring, and upgrading curriculum, instructional materials, educational software and assessment procedures; ``(vii) providing tutorials and academic or career counseling for children and youth of limited English proficiency; ``(viii) developing and implementing programs to help all students become proficient in more than one language; and ``(ix) carrying out such other activities, consistent with the purposes of this part, as the Secretary may approve. ``(4) Special rules.--A grant recipient-- ``(A) before carrying out a program assisted under this section, shall plan, train personnel, develop curriculum, and acquire or develop materials, but shall not use funds under this section for planning purposes for more than 90 days; and ``(B) shall not carry out a program under this section in more than two schools for each grant it receives under this section.''. systemwide improvement grants Sec. 705. Section 7115 of the ESEA is amended-- (1) in subsection (a), by striking out ``bilingual education programs or special alternative instruction programs to'' and inserting in lieu thereof ``instructional programs for children and youth with limited English proficiency''; (2) by amending subsection (b)(2) to read as follows: ``(2) Program improvement plan.--(A) The Secretary, before making a continuation award for the fourth year of a program under this section, shall determine if the program is making continuous and substantial progress in assisting children and youth with limited English proficiency to learn English and achieve to challenging State content and performance standards. The Secretary shall base the determination on-- ``(i) the indicators established under section 7118(d) and the data and information collected under section 7118; and ``(ii) such other data and information as the Secretary may require. ``(B)(i) If the Secretary determines that a recipient requesting a fourth-year continuation award under this section is not making continuous and substantial progress under subparagraph (A), the recipient shall promptly develop and submit to the Secretary a program improvement plan for its program. ``(ii) The Secretary shall approve a program improvement plan under clause (i) only if he or she determines that it holds reasonable promise of enabling students with limited English proficiency participating in the program to learn English and achieve to challenging State content and performance standards. ``(iii) If the Secretary determines that the recipient is not making substantial progress in implementing the program improvement plan under clause (i), the Secretary shall deny a continuation award.''; (3) by amending paragraph (4) to read as follows: ``(4) Authorized activities.--(A) Grants under this section shall be used for-- ``(i) aligning programs for limited English proficient students in the district with school, district, and State reform efforts and coordinating the program with other relevant programs, such as title I, and services to meet the full range of educational needs of limited English proficient students throughout the district; ``(ii) providing high-quality professional development that is aligned with high standards to classroom teachers, administrators, and other school or community-based organization personnel to improve the instruction and assessment of limited English proficient students; ``(iii) developing and implementing a plan, coordinated with programs under title II of Higher Education Act of 1965 where applicable, to recruit teachers trained to serve limited English proficient students; ``(iv) annually assessing the English proficiency of all limited English proficient students served by the program; and ``(v) developing or improving accountability systems that are consistent with the State's accountability system to measure limited English proficient students' academic progress in a valid and reliable manner. ``(B) Grants under this section may also be used for-- ``(i) developing and implementing programs to help all students become proficient in more than one language; ``(ii) developing content and performance standards for learning English as a second language, as well as for learning other languages; ``(iii) developing assessments tied to State performance standards; ``(iv) developing performance standards for students with limited English proficiency that are aligned with challenging State content standards; ``(v) redesigning programs for limited English proficient students to meet the needs of changing population of such students; ``(vi) coordinating assessments with State accountability systems; ``(vii) implementing policies and procedures to ensure that limited English proficient students have access to all district programs, such as gifted and talented, vocational education, and special education programs; and ``(viii) integrating technology into all aspects of educating limited English proficient students, including data management systems and the delivery of instructional services to limited English proficient students.''. applications for awards under subpart 1 Sec. 706. Section 7116 of the ESEA is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking out ``such application'' and inserting in lieu thereof ``its written comments on the application''; and (B) by amending paragraph (2)(B) to read as follows: ``(B) For purposes of this subpart, such comments shall address-- ``(i) how the grant activities will further the academic achievement and English proficiency of limited English proficient students served under a grant received under this subpart; and ``(ii) how the grant application is consistent with the State plan, especially with regard to State assessments, required under section 1111.''; (2) by amending subsection (f) to read as follows: ``(f) Required Documentation.--Such application shall include documentation that-- ``(1) the applicant has the qualified personnel required to develop, administer, and implement the proposed program; and ``(2) the leadership of each participating school has been involved in the development and planning of the program in the school.''; (3) in subsection (g)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) A description of the need for the proposed program, including data on the number of children and youth of limited English proficiency in the schools or school districts to be served and the characteristics of such children and youth, including-- ``(i) the native languages of the students to be served; ``(ii) student proficiency in English and the native language; ``(iii) current achievement data of the limited English proficient students to be served by the program (and in comparison to their English proficient peers) in-- ``(I) reading or language arts (in English and in the native language, if applicable); and ``(II) mathematics; ``(iv) reclassification rates for limited English proficient students in the district; ``(v) the previous schooling experiences of participating students; ``(vi) the professional development needs of the instructional personnel who will provide services for limited English proficient students, including the need for certified teachers; and ``(vii) how the grant would supplement the basic services provided to limited English proficient students.''; (B) in subparagraph (B)-- (i) by amending clause (ii) to read as follows: ``(ii) is coordinated with other programs under this Act, and other Acts as appropriate, such as the Individuals with Disabilities Education Act and the Carl D. Perkins Vocational and Technical Education Act, in accordance with section 11505;''; (ii) by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; and (iii) by inserting a new clause (ii) to read as follows: ``(ii) will supplement the basic services the applicant provides to limited English proficient students;''; and (C) by amending subparagraph (E) to read as follows: ``(E) An assurance that the applicant will employ teachers in the proposed program who individually, or in combination, are proficient in-- ``(i) English, including written, as well as oral, communication skills; and ``(ii) the native language of the majority of students they teach, if instruction in the program is also in the native language.''; and (4) in subsection (i)-- (A) by amending paragraphs (1) and (2) to read as follows: ``(1) Priority.--The Secretary is authorized to give priority to applicants that-- ``(A) experience a dramatic increase in the number of limited English proficient students enrolled; ``(B) demonstrate that they have a proven record of success in helping children and youth with limited English proficiency learn English and achieve to high academic standards; or ``(C) propose programs that provide for the development of bilingual proficiency both in English and another language for all participating students. ``(2) Limitation.--Grants for programs under this subpart that do not use the students' native language shall not exceed 25 percent of the funds provided for any type of grant under that section, or of the total funds provided under this subpart, for any fiscal year.''; and (B) in paragraph (3), by striking out ``special alternative instructional programs'' and inserting in lieu thereof ``programs that do not use the students' native language''. evaluations under subpart 1 Sec. 707. Section 7123 of the ESEA is amended-- (1) in subsection (a), by striking out ``every two years'' and inserting in lieu thereof ``every year''; (2) by amending subsection (c) to read as follows: ``(c) Evaluation Components.--(1) In preparing evaluation reports, the recipient shall-- ``(A) use the data provided in the application as baseline data against which to report academic achievement and gains in English proficiency for students in the program; ``(B) report on the validity and reliability of all instruments used to measure student progress; and ``(C) enable results to be disaggregated by relevant factors, such as a student's grade, gender, and language group, and whether the student has a disability. ``(2) Evaluations shall include-- ``(A) data on the project's progress in achieving its objectives; ``(B) data showing the extent to which all students served by the program are achieving to the State's student performance standards, including-- ``(i) data comparing limited English proficient children and youth with English proficient students with regard to grade retention and academic achievement in reading and language arts, in English and in the native language if the project develops native language proficiency, and in math; ``(ii) gains in English proficiency, including speaking, comprehension, reading, and writing, as developmentally appropriate, and such gains in native language proficiency if the project develops native language proficiency; and ``(iii) reclassification rates (including average duration in a program) for limited English proficient students by grade, and data on the academic achievement of redesignated students for two years after redesignation; ``(C) program implementation indicators that address each of the program's objectives and components, including the extent to which professional development activities have resulted in improved classroom practices and improved student achievement; ``(D) a description of how the activities funded under the grant are coordinated and integrated with the overall school program and other Federal, State, or local programs serving limited English proficient children and youth; and ``(E) such other information as the Secretary may require.''; and (3) by adding a new subsection (d) to read as follows: ``(d) Performance Measures.--The Secretary shall establish performance indicators to determine if programs under sections 7113 and 7114 are making continuous and substantial progress, and may establish performance indicators to determine if programs under section 7112 are making continuous and substantial progress, toward assisting children and youth with limited English proficiency to learn English and achieve to challenging State content and performance standards.''. research Sec. 708. Section 7132 of the ESEA is amended-- (1) in subsection (a), by-- (A) inserting the paragraph designation ``(1)'' before ``The Secretary shall''; (B) striking out ``through the Office of Educational Research and Improvement in coordination and collaboration with the Office of Bilingual Education and Minority Language Affairs''; and (C) adding a paragraph (2) to read as follows: ``(2) Such research may include-- ``(A) collecting data needed for compliance with the Government Performance and Results Act; ``(B) improving data collection procedures and the infrastructure for data collection on limited English proficient students, for purposes of improving instruction and accountability; ``(C) developing research-based models for serving limited English proficient students of diverse language backgrounds and in diverse educational settings; ``(D) identifying technology-based approaches that show effectiveness in helping limited English proficient students reach challenging State standards; and ``(E) other research, demonstration, and data collection activities consistent with the purpose of this title.''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``and `` at the end thereof; (B) by striking out paragraphs (2) and (3); and (C) by redesignating paragraph (4) as paragraph (2); (3) in subsection (c)-- (A) in paragraph (1), by-- (i) striking out ``(1) IN GENERAL.''; and (ii) by striking out ``under subpart 1 or 2'' and inserting in lieu thereof ``under subpart 1, section 7124, or subpart 3''; and (B) striking out paragraph (2); and (4) by striking out subsection (e). academic excellence awards Sec. 709. Section 7133 of the ESEA is amended to read as follows: ``academic excellence awards ``Sec. 7133. (a) Authority.--The Secretary is authorized to make grants to State educational agencies to assist them in recognizing local educational agencies and other public and non-profit entities whose programs have-- ``(1) demonstrated significant progress in assisting limited English proficient students to learn English within three years; and ``(2) demonstrated significant progress in assisting limited English proficient students to meet, within three years, the same challenging State content standards expected of all children and youth. ``(b) Applications.--A State educational agency desiring a grant under this section shall include an application for such grant in its application required under section 7124(e).''. state grant program Sec. 710. Section 7134(c) of the ESEA is amended to read as follows: ``(c) Uses of Funds.--A State educational agency shall use funds awarded under this section to-- ``(1) assist local educational agencies in the State with program design, capacity building, assessment of student performance, program evaluation, and development of data collection and accountability systems for limited English proficient students that are aligned with State reform efforts; and ``(2) collect data on limited English proficient populations in the State and the educational programs and services available to such populations.''. national clearinghouse on the education of children and youth with limited english proficiency Sec. 711. Section 7135 of the ESEA is amended to read as follows: ``national clearinghouse on the education of children and youth with limited english proficiency ``Sec. 7135. The Secretary shall establish and support the operation of a National Clearinghouse on the Education of Children and Youth with Limited English Proficiency, which shall collect, analyze, synthesize, and disseminate information about programs related to the education of children and youth with limited English proficiency and coordinate its activities with Federal data and information clearinghouses and dissemination networks and systems.''. instructional materials development Sec. 712. Section 7136 of the ESEA is amended to read as follows: ``instructional materials development ``Sec. 7136. (a) Authority.--The Secretary may award grants for the development, publication, and dissemination of high-quality instructional materials-- ``(1) in Native American and Native Hawaiian languages; ``(2) in the language of Native Pacific Islanders and other natives of the outlying areas for whom instructional materials are not readily available; ``(3) in other low-incidence languages in the United States and for which instructional materials are not readily available; and ``(4) on standards and assessments, and instructional programs related to the education of children and youth with limited English proficiency, for dissemination to parents of such children and youth. ``(b) Priorities.--The Secretary shall give priority to applications that provide for-- ``(1) developing instructional materials in languages indigenous to the United States or the outlying areas; and ``(2) developing and evaluating instructional materials, including technology-based application, that reflect challenging State and local content standards, in collaboration with activities assisted under subpart 1 and section 7124.''. purpose of subpart 3 Sec. 713. Section 7141 of the ESEA is amended to read as follows: ``purpose ``Sec. 7141. The purpose of this subpart is to assist in preparing educators to improve educational services for children and youth with limited English proficiency by supporting professional development programs for such educators.''. training for all teachers program Sec. 714. Section 7142 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) Purpose.--The purpose of this section is to assist eligible applicants under subsection (b)(1) to develop and provide ongoing professional development to teachers and other educational personnel with a baccalaureate degree to improve their provision of services to limited English proficient students or to become certified as a bilingual or English as a second language teacher.''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Authority.--The Secretary is authorized to award grants under this section to local educational agencies or to one or more local educational agencies in consortium with one or more State educational agencies, institutions of higher education, or nonprofit organizations.''; and (B) in paragraph (2), by striking out ``five'' and inserting in lieu thereof ``three''; and (3) by amending subsection (c) to read as follows: ``(c) Activities.--(1) Funds under this section shall be used to conduct high-quality, long-term professional development activities. ``(2) Funds under this section may be used to-- ``(A) design and implement induction programs for new teachers, including mentoring and coaching by trained teachers, team teaching with experienced teachers, time for observation of, and consultation with, experienced teachers, and additional time for course preparation; ``(B) implement school-based collaborative efforts among teachers to improve instruction in reading and other core academic areas for students with limited English proficiency, including programs that facilitate teacher observation and analyses of fellow teachers' classroom practice; ``(C) support long-term collaboration among teachers and outside experts to improve instruction of limited English proficient students; ``(D) coordinate project activities with other programs such as those under the Head Start Act and titles I and II of the Act; ``(E) implement programs that support effective teacher use of education technologies to improve instruction and assessment; ``(F) establish and maintain local professional networks; ``(G) develop curricular materials and assessments for teachers that are aligned with State and local standards and the needs of the limited English proficient students to be served; ``(H) develop education technology to enhance professional development; and ``(I) such other activities as are consistent with the purpose of this section.''. bilingual education teachers and personnel grants Sec. 715. Section 7143 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) Purpose.--The purpose of this section is to support preservice professional development to improve the preparation of prospective teachers who are preparing to teach children and youth of limited English proficiency.''; (2) by amending subsection (c) to read as follows: ``(c) Authority.--(1) The Secretary is authorized to make grants to institutions of higher education for preservice professional development in order to improve preparation for prospective teachers who are preparing to teach children and youth of limited English proficiency. ``(2) Each grant under this section shall be awarded for a period of not more than five years. ``(3) A recipient of a grant under this section shall coordinate its grant program activities with other programs under this Act and other Acts as appropriate.''; and (3) by adding a new subsection (d) to read as follow: ``(d) Activities.--(1) Funds under this section shall be used to-- ``(A) put in place a course of study that prepares teachers to serve limited English proficient students; ``(B) integrate course content relating to meeting the needs of limited English proficient students into all programs for prospective teachers; ``(C) assign tenured faculty to train teachers to serve limited English proficient students; ``(D) incorporate State content and performance standards into the institution's coursework; and ``(E) expand clinical experiences for participants. ``(2) Funds under this section may be used to-- ``(A) support partnerships with local educational agencies that include placing participants in intensive internships in local educational agencies that serve large numbers of limited English proficient students; ``(B) restructure higher education course content, including improving coursework and clinical experiences for all prospective teachers regarding the needs of limited English proficient students and preparation for teacher certification tests; ``(C) assist other institutions of higher education to improve the quality of professional development programs for limited English proficient students; ``(D) expand recruitment of students who will be trained to serve limited English proficient students; ``(E) improve the skills and knowledge of faculty related to the needs of limited English proficient students; ``(F) coordinate project activities with activities under title II of the Higher Education Act of 1965; and ``(G) use technology to enhance professional development.''. bilingual education career ladder program Sec. 716. Section 7144 of the ESEA is amended-- (1) by amending subsection (a) to read as follows: ``(a) Purpose.--The purpose of this section is to assist eligible consortia to develop and implement high-quality bilingual education career ladder programs.''; (2) by amending subsection (b)(1) to read as follows: ``(a) In General.--(1)(A) The Secretary is authorized to award grants to consortia of one or more institutions of higher education and one or more State educational agencies or local educational agencies to develop and implement bilingual education career ladder programs. ``(B) For purposes of this section, a ``bilingual education career ladder program'' means a program that-- ``(i) is designed to provide high-quality, pre- baccalaureate coursework and teacher training to educational personnel who do not have a baccalaureate degree; and ``(ii) leads to timely receipt of a baccalaureate degree and certification or licensure of program participants as bilingual education teachers or other educational personnel who serve limited English proficient students. ``(C) Recipients of grants under this section shall-- ``(i) coordinate with programs under title II of the Higher Education Act of 1965, and other relevant programs, for the recruitment and retention of bilingual students in postsecondary programs to train them to become bilingual educators; and ``(ii) make use of all existing sources of student financial aid before using grant funds to pay tuition and stipends for participating students.''; (3) in subsection (c)-- (A) in paragraph (1)-- (i) by striking out ``consortium''; and (ii) at the end thereof, by inserting ``and'' after the semicolon; (B) in paragraph (2), by striking out ``teachers; and'' and inserting in lieu thereof ``teachers.''; and (C) by striking out paragraph (3); and (4) by amending subsection (d) to read as follows: ``(d) Special Consideration.--The Secretary shall give special consideration to applications under this section that provide training in English as a second language, including developing proficiency in the instructional use of English and, as appropriate, a second language in classroom contexts.''. graduate fellowships in bilingual education program Sec. 717. Section 7145(a) of the ESEA is amended-- (1) in paragraph (1), by striking out ``masters, doctoral, and post-doctoral'' and inserting in lieu thereof ``masters and doctoral''; (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). applications for awards under subpart 3 Sec. 718. Section 7146 of the ESEA is amended-- (1) in subsection (a)(4), by inserting ``and applicants for grants under section 7145'' after ``Bureau of Indian Affairs''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking out ``of such application copy'' and inserting in lieu thereof ``an application under sections 7132, 7133, or 7134''; and (ii) by inserting ``the written review of'' after ``and transmit''; and (B) in paragraph (2), by striking out ``this subpart'' and inserting in lieu thereof ``sections 7132, 7133, and 7134''. evaluations under subpart 3 Sec. 719. Section 7149 of the ESEA is amended to read as follows: ``program evaluations ``Sec. 7149. Each recipient of funds under this subpart shall provide the Secretary with an evaluation of its program every year. Such evaluations shall include-- ``(1) the number of participants served, the number of participants who have completed program requirements, and the number of participants who have taken positions in an instructional setting with limited English proficient students; ``(2) the effectiveness of the program in imparting the professional skills necessary for participants to achieve the objectives of the program; and ``(3) the teaching effectiveness of graduates or other persons who have completed the training program.''. transition Sec. 720. Subpart 4 of part A of title VII of the ESEA is amended to read as follows: ``Subpart 4--Transition ``transition ``Sec. 7161. Notwithstanding any other provision of law, a recipient of a grant under subpart 1 of part A of this title that is in its third or fourth year of that grant on the day preceding the date of enactment of Educational Excellence for All Children Act of 1999 shall be eligible to receive continuation funding under the terms and conditions of the original grant.''. findings of the emergency immigrant education program Sec. 721. Section 7301(a) of the ESEA is amended-- (1) in paragraph (3), by striking out ``and'' at the end thereof; (2) by redesignating paragraph (4) as paragraph (5); and (3) by adding at the end thereof the following new paragraph: ``(4) an increasing number of immigrant children are entering United States' schools with interrupted or little previous schooling; and''. state administrative costs Sec. 722. Section 7302 of the ESEA is amended by inserting a comma and ``or 2 percent if the State educational agency distributes funds received under this part to local educational agencies on a competitive basis,'' after ``1.5 percent of the amount''. competitive state grants to local educational agencies Sec. 723. Section 7304(e)(1) of the ESEA is amended, in the matter before subparagraph (A), by striking out ``if the amount appropriated to carry out this part exceeds $50,000,000 for a fiscal year, a State educational agency may reserve not more than 20 percent'' and inserting in lieu thereof ``a State educational agency may reserve any portion''. authorization of appropriations for part c Sec. 724. Section 7309 of the ESEA is amended to read as follows: ``authorization of appropriations ``Sec. 7309. For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2001 through 2005.'' definitions Sec. 725. Section 7501 of the ESEA is amended by striking out paragraph (15) and inserting in lieu thereof a new paragraph to read as follows: ``(15) Reclassification rate.--The term reclassification rate means the annual percentage of limited English proficient students who have met the State criteria for no longer being considered limited English proficient.''. regulations, parental notification, and use of paraprofessionals Sec. 726. Section 7502 of the ESEA is amended by-- (1) amending the section heading to read as follows: ``regulations, parental notification, and use of paraprofessionals''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter before subparagraph (A), by striking out ``youth participating in'' and inserting in lieu thereof ``youth who will participate in''; and (ii) in subparagraph (C)-- (I) in the matter before clause (i), by striking out ``goals of the bilingual education or special alternative instructional program'' and inserting in lieu thereof ``goals of the program related to the education of children and youth with limited English proficiency''; and (II) in clause (i), by striking out ``results of the bilingual educational program and of the instructional alternatives'' and inserting in lieu thereof ``results of the instructional programs related to the education of children and youth with limited English proficiency''; and (B) in paragraph (2)-- (i) by amending the paragraph heading to read ``Option to withdraw.''; and (ii) by amending subparagraph (A) to read as follows: ``(A) A recipient of funds under subpart 1 of part A shall also provide a written notice to parents of children who will participate in the programs under that subpart, in a form and language understandable to the parents, that informs them that they may withdraw their child from the program at any time.''; and (3) adding a new subsection (c) to read as follows: ``(c) Use of Paraprofessionals.--The provisions of section 1119(c) of this Act shall apply to all new staff hired to provide academic instruction in programs supported under subpart 1 of part A of this title on or after the date of enactment of the Educational Excellence for All Children Act of 1999.''. terminology Sec. 727. (a) Part A.--Subparts 1 and 2 of part A of title VII of the ESEA are amended by striking out ``bilingual education or special alternative instruction programs'' and ``bilingual education or special alternative instructional programs'' each place they appear and inserting in lieu thereof ``instructional programs''. (b) Part E.--Section 7501(6) of the ESEA is amended by striking out ``a bilingual education and special alternative instructional program'' and inserting in lieu thereof ``an instructional program''. repeals Sec. 728. (a) Repeals in Part A.--Sections 7112, 7117, 7119, 7120, 7121, and 7147 of the ESEA are repealed. (b) Repeal of Part B.--Part B of title VII of the ESEA is repealed. redesignations and conforming amendments Sec. 729. (a) Part Redesignations.--Parts C, D, and E of title VII of the ESEA are redesignated as parts B, C, and D, respectively. (b) Section Redesignations.--Sections 7113, 7114, 7115, 7116, 7118, 7122, 7123, 7124, 7131, 7132, 7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7145, 7146, 7148, 7149, 7150, 7161, 7301, 7302, 7303, 7304, 7305, 7306, 7307, 7308, 7309, 7401, 7402, 7403, 7404, 7405, 7501, and 7502 of the ESEA are redesignated as sections 7112, 7113, 7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7123, 7124, 7125, 7126, 7131, 7132, 7133, 7134, 7135, 7136, 7137, 7138, 7139, 7141, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7301, 7302, 7303, 7304, 7305, 7401, and 7402 of the ESEA, respectively. (c) Conforming Amendments.--(1) Section 7111 of the ESEA is amended by striking out ``7114, and 7115'' and inserting in lieu thereof ``and 7114''. (2) Section 7112(b)(1)(A) of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 7116'' and inserting in lieu thereof ``section 7115''. (3) Section 7113(b)(1)(A) of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 7116'' and inserting in lieu thereof ``section 7115''. (4) Section 7114(b)(1)(A) of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 7116'' and inserting in lieu thereof ``section 7115''. (5) Section 7115(g) of the ESEA, as redesignated by subsection (b), is amended-- (A) in paragraph (1)(B)(ii), by striking out ``section 14306'' and inserting in lieu thereof ``section 11505''; and (B) in paragraph (2), by striking out ``section 7114 or 7115'' and inserting in lieu thereof ``section 7113 or 7114''. (6) Section 7135(a)(3) of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 7149'' and inserting in lieu thereof ``section 7138''. (7) Section 7202 of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 7304'' and inserting in lieu thereof ``section 7204''. (8) Section 7204 of the ESEA, as redesignated by subsection (b), is amended-- (A) in subsection (a), by striking out ``section 7301(b)'' and inserting in lieu thereof ``section 7201(b)''; and (B) in subsection (e)(2), by striking out ``section 7307'' and inserting in lieu thereof ``section 7207''. (9) Section 7205(a) of the ESEA, as redesignated by subsection (b), is amended-- (A) in paragraph (2), by striking out ``sections 7301 and 7307'' and inserting in lieu thereof ``sections 7201 and 7207''; (B) in paragraph (4), by-- (i) striking out ``section 7304(e)'' and inserting in lieu thereof ``sections 7204(e)''; and (ii) striking out ``section 7304(b)(1)'' and inserting in lieu thereof ``section 7204(b)(1)''; and (C) in paragraph (8), by striking out ``section 7304'' and inserting in lieu thereof ``section 7204''. (10) Section 7206 of the ESEA, as redesignated by subsection (b), is amended-- (A) in subsection (a)-- (i) by striking out ``section 7305'' and inserting in lieu thereof ``section 7205''; and (ii) by striking out ``section 7305'' and inserting in lieu thereof ``section 7205''; and (B) in subsection (b), by striking out ``section 7305(a)(7)'' and inserting in lieu thereof ``section 7205(a)(7)''. (11) Section 7208 of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 14701'' and inserting in lieu thereof ``section 11911''. (12) Section 7305(d)(2) of the ESEA, as redesignated by subsection (b), is amended by striking out ``section 7134'' and inserting in lieu thereof ``section 7124''. TITLE VIII B IMPACT AID purpose Sec. 801. Section 8001 of the ESEA is amended to read as follows: ``purpose ``Sec. 8001. The purpose of this title is to provide assistance to certain local educational agencies that are financially burdened as a result of activities of the Federal Government carried out in their jurisdictions, in order to help those agencies provide educational services to their children, including federally connected children, so that they can meet challenging State standards.''. payments relating to federal acquisition of real property Sec. 802. (a) Eligibility.--Section 8002(a) of the ESEA is amended-- (1) in the matter preceding paragraph (1), by striking out ``for a fiscal year ending prior to October 1, 1999'' and inserting in lieu thereof ``for any fiscal year''; and (2) in paragraph (1)-- (A) in subparagraph (B), by striking out ``and'' at the end thereof; (B) in subparagraph (C), by striking out ``value of'' and all that follows through the end thereof and inserting in lieu thereof ``value of all real property in the local educational agency (similarly determined as of the time or times when the Federal property was so acquired); and''; and (C) by adding at the end thereof a new subparagraph (D) to read as follows: ``(D) has a current aggregate assessed value, determined under subsection (b)(3), that is at least 10 percent of the total current assessed value of all real property in the local educational agency; and''. (b) Repeal of Special-Interest Provisions.--Section 8002 of the ESEA is further amended by-- (1) striking out subsections (d), (e), (f), (g), (i), (j), and (k); and (2) redesignating subsection (h) as subsection (d). (c) Hold-Harmless Amounts.--Subsection (d) of section 8002 of the ESEA, as redesignated by subsection (b)(2), is amended to read as follows: ``(d) Hold-Harmless Amounts.--Notwithstanding any other provision of this section, the Secretary shall make the following minimum payments for the following fiscal years under this section to each local educational agency that was eligible for, and received, a payment under this section for fiscal year 1999 but that, as a result of subsection (a)(1)(D), is no longer eligible for a payment under this section: ``(1) For fiscal year 2001, 75 percent of the amount it received for fiscal year 1999. ``(2) For fiscal year 2002, 50 percent of the amount it received for fiscal year 1999. ``(3) For fiscal year 2003, 25 percent of the amount it received for fiscal year 1999.''. (d) Technical Amendments.--Section 8002(b)(1) of the ESEA is amended-- (1) in subparagraph (B), by striking out ``section 8014(a)'' and inserting in lieu thereof ``section 8014(a)(1)''; and (2) in subparagraph (C), by striking out ``section 8003(b)(1)(C)'' and inserting in lieu thereof ``section 8003(b)(1)(B)''. payments for eligible federally connected children Sec. 803. (a) Computation of Payments.--Section 8003(a) of the ESEA is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting ``or'' after the semicolon at the end thereof; (B) in subparagraph (C), by striking out the semicolon at the end thereof and inserting in lieu thereof a period; and (C) by striking out subparagraphs (D) through (G); (2) in paragraph (2), by striking out subparagraphs (C) through (E); and (3) by striking out paragraphs (3) and (4). (b) Basic Support Payments.--Section 8003(b) of the ESEA is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking out ``section 8014(b)'' and inserting in lieu thereof ``section 8014(a)(2)''; and (ii) by striking out ``eligible''; (B) by striking out subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); (D) in subparagraph (B), as so redesignated-- (i) by striking out ``greater'' and inserting in lieu thereof ``greatest''; (ii) by striking out clauses (i) and (ii); (iii) by redesignating clauses (iii) and (iv) as clauses (i) and (ii); (iv) in clause (i), as so redesignated, by striking out ``or'' at the end thereof; (v) in clause (ii), as so redesignated, by striking out the period at the end thereof and inserting a semicolon and ``or''; and (vi) by adding a new clause (iii) to read as follows: ``(iii) the average per-pupil expenditure of all of the States, multiplied by the local contribution percentage for the State.''; and (E) by adding at the end thereof a new subparagraph (C) to read as follows: ``(C)(i) In determining the items described in clauses (i) through (iii) of subparagraph (B), the Secretary shall use data for the third year preceding the fiscal year for which the calculation of maximum payment amounts under that subparagraph is being made, except as provided in clauses (ii) and (iii) of this subparagraph. ``(ii) If the State does not provide all necessary data for the item described in clause (i) of subparagraph (B) by September 30 of the fiscal year preceding the year for which the payments are made, the Secretary shall use the greater of the items described in clauses (ii) and (iii) of that subparagraph. ``(iii) If satisfactory data from the third preceding fiscal year are not available for any of the items described in clauses (i) through (iii) of subparagraph (B), the Secretary shall use data from the most recent fiscal year for which data that are satisfactory to the Secretary are available.''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking out ``section 8014(b) and inserting in lieu thereof ``section 8014(a)(2)''; (B) in subparagraph (B)-- (i) by striking out clauses (ii) and (iii); (ii) in clause (i)-- (I) by striking out the clause designation ``(i)''; and (II) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively; (iii) by striking out ``paragraph (1)(C)'' and inserting in lieu thereof ``paragraph (1)(B)''; (iv) in clause (i), as redesignated by clause (ii)(II), by inserting ``one-half of'' before ``the percentage''; and (v) by amending clause (ii), as redesignated by clause (ii)(II), to read as follows: ``(ii) 50 percent.''; and (C) by amending subparagraph (C) to read as follows: ``(C) Ratable Distributions.--For each fiscal year described in subparagraph (A), the Secretary shall-- ``(i) make payments as a ratable distribution based on the computation made under subparagraph (B); and ``(ii) ratably increase those payments when the amount available exceeds the total of the amounts determined under subparagraph (B), except that no local educational agency shall receive a payment under this paragraph that exceeds the maximum payment for which it is eligible under paragraph (1)(B).''; and (3) by striking out paragraph (3). (c) Technical Amendment.--Section 8003(c)(1) of the ESEA is amended by striking out ``paragraph (2)'' and inserting in lieu thereof ``subsection (b)(1)(C), paragraph (2) of this subsection, and''. (d) Children With Disabilities.--Section 8003(d) of the ESEA is amended-- (1) in paragraph (1)-- (A) by striking out ``section 8014(c)'' and inserting in lieu thereof ``section 8014(a)(3)''; (B) by striking out ``determined'' and all that follows through the subparagraph designation ``(A)'' and inserting in lieu thereof ``determined by''; and (C) by striking out ``factor of 1.0'' and all that follows through the period at the end thereof and inserting in lieu thereof ``factor of 1.0.''; and (2) in paragraph (2), by striking out ``a free appropriate public education'' and inserting in lieu thereof ``services''. (e) Hold-Harmless Amounts.--Section 8003 of the ESEA is further amended by striking out subsection (e). (f) Heavily Impacted Leas.--Section 8003(f) of the ESEA is amended-- (1) in paragraph (1), by striking out ``section 8014(b)'' and inserting in lieu thereof ``section 8014(a)(2)''; and (2) by amending paragraphs (2) through (4) to read as follows: ``(2) Eligibility.--A local educational agency is eligible to receive additional assistance under this subsection only if the Secretary determines that-- ``(A)(i)(I) federally connected children described in subsection (a)(1) constitute at least 40 percent of the agency's average daily attendance; and ``(II) it has a tax rate for general-fund purposes that is at least 100 percent of the average tax rate for those purposes of comparable local educational agencies in the State; or ``(ii) its boundaries are the same as those of a military installation; ``(B) it is exercising due diligence to obtain State and other financial assistance; and ``(C) the agency's eligibility under State law for State aid with respect to the free public education of children described in subsection (a)(1), and the amount of that aid, are determined on a basis no less favorable to it than the basis used in determining the eligibility of local educational agencies for State aid, and the amount of that aid, with respect to the free public education of other children in the State. ``(3) Maximum payments.--The Secretary shall determine the maximum amount that a local educational agency may receive under this subsection as follows: ``(A) Per-pupil cost factor.--The local educational agency shall choose either-- ``(i) the average per-pupil expenditure of the State in which the agency is located; or ``(ii) the average per-pupil expenditure of at least 10 generally comparable local educational agencies in the State. ``(B) Total cost factor.--The Secretary shall multiply the amount chosen by the agency under subparagraph (A) by the average daily attendance in the agency's schools of children described in subsection (a)(1). ``(C) Unmet need.--The Secretary shall-- ``(i) multiply-- ``(I) the amount of funds available to the agency for current expenditures (determined in accordance with subparagraph (D)); by ``(II) the percentage of the agency's average daily attendance comprised of children described in subsection (a)(1); ``(ii) subtract the amount determined under clause (i) from the amount determined under subparagraph (B); and ``(iii) subtract the amount of any payments to the agency for that fiscal year under subsections (b) and (d) of this section. ``(D) Amount available for current expenditures.-- In determining the amount of funds available in any fiscal year to a local educational agency for current expenditures (as defined in section 8013(4)) under subparagraph (C)(i)(I), the Secretary shall also include, with respect to the local educational agency's opening cash balance for that fiscal year, the portion of that balance that is the greater of-- ``(i) the amount that exceeds the maximum amount of funds for current expenditures that the agency was allowed by State law to carry over from the prior fiscal year, if State restrictions on those amounts were applied uniformly to all local educational agencies in the State; or ``(ii) the amount that exceeds 30 percent of the agency's operating costs for the prior fiscal year. ``(4) Data.--In determining a local educational agency's eligibility for, and the amount of, any payment under this subsection for any fiscal year, the Secretary shall use-- ``(A) student, revenue, expenditure, tax, and other necessary data from the second preceding fiscal year, if the agency (or the State educational agency) provides the Secretary those data within 60 days of being requested in writing to do so; and ``(B) if any of those data are not provided by that deadline, such data from the most recent preceding fiscal year for which data that are satisfactory to the Secretary are available.''. (g) Children With Severe Disabilities.--Section 8003 of the ESEA is further amended by striking out subsection (g). (h) Other Federal Funds.--Section 8003(h) of the ESEA is amended to read as follows: ``(h) Other Federal Funds.--Notwithstanding any other provision of law, a local educational agency may not receive a payment under this section for children claimed in its application if Federal funds (other than funds under this title) provide a substantial portion of the educational program for those children.''. (i) Maintenance of Effort.--Section 8003 of the ESEA is further amended by striking out subsection (i). policies and procedures relating to children residing on indian lands Sec. 804. Section 8004 of the ESEA is amended-- (1) by amending the heading to read ``indian community participation.''; (2) by amending subsection (a) to read as follows: ``(a) In General.--(1) Any local educational agency that claims children residing on Indian lands for the purpose of receiving funds under section 8003 shall ensure that those children participate in programs and activities supported by those funds on an equal basis with all other children. ``(2)(A) Any local educational agency described in paragraph (1) shall ensure that the parents of Indian children and Indian tribes are afforded an opportunity to present their views and make recommendations on the unique educational needs of those children and how those children may realize the benefits of the educational programs and activities of the local educational agency, including the benefits of programs and activities assisted under this Act. ``(B)(i) A local educational agency that receives a grant under subpart 1 of part A of title IX of this Act shall comply with subparagraph (A) through activities planned and carried out by the parent committee established under that subpart. ``(ii) A local educational agency that does not receive such a grant may form an Indian parent committee to implement subparagraph (A). ``(iii) Subject to clause (i), a local educational agency may meet the requirements of subparagraph (A) by carrying out the parental- involvement requirements of section 1118 of this Act for all children it claims who reside on Indian lands. ``(C) A local educational agency that provides services under part A of title I of this Act for any children residing on Indian lands that it claims for the purpose of receiving funds under section 8003 shall ensure that it complies with section 1118 with respect to those children and their parents. ``(3) A local educational agency may use funds provided under section 8003 (other than under section 8003(d)), for activities designed to increase tribal and parental involvement in the education of Indian children, including, but not limited to, parent education, professional development related to the unique educational needs of Indian children, and implementing model educational programs that are proven to be effective for Indian children.''; (3) by amending subsection (b) to read as follows: ``(b) Records.--Each local educational agency described in subsection (a) shall maintain records demonstrating its compliance with that subsection.''; (4) by striking out subsection (c); (5) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and (6) by amending subsection (c), as so redesignated, to read as follows: ``(c) Technical Assistance and Enforcement.--The Secretary shall-- ``(1) provide technical assistance, as the Secretary finds necessary, to local educational agencies, parents, and Indian tribes to enable them to carry out this section; ``(2) recommend activities for local educational agencies to carry out using funds provided under section 8003 to increase tribal and parental involvement; and ``(3) enforce this section through such action (which may include the withholding of funds) as the Secretary finds appropriate, after affording the agency, parents, and affected Indian tribes an opportunity to present their views.''. applications for payments under sections 8002 and 8003 Sec. 805. Section 8005 of the ESEA is amended-- (1) in subsection (b)(2), by striking out ``children residing on Indian lands'' and inserting in lieu thereof ``Indian community participation''; and (2) in subsection (d)-- (A) in paragraph (2), by striking out ``except that, notwithstanding section 8003(e),'' and inserting in lieu thereof ``except that''; and (B) by striking out paragraph (4). payments for sudden and substantial increases in attendance of military dependents Sec. 806. Section 8006 of the ESEA is repealed. construction Sec. 807. Section 8007 of the ESEA is amended to read as follows: ``construction ``Sec. 8007. (a) Payments Authorized.--From the amount appropriated for each fiscal year under section 8014(a)(4), the Secretary shall make a payment, to assist in the construction of school facilities, to each local educational agency-- ``(1) that receives a basic payment under section 8003(b); ``(2) in which the number of children described in section 8003(a)(1)(C) is at least 50 percent of the number of children who were in average daily attendance in the agency's schools; and ``(3) that meets the requirements of this section. ``(b) Application.--Each local educational agency that wishes to receive a payment under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- ``(1) a description of the agency's assessment of its school-construction needs and the results of that assessment; and ``(2) the agency's plan for the use of the funds for which it is applying. ``(c) Amount of Payments.--The amount of a local educational agency's payment under this section shall bear the same ratio to the amount available for all such payments as the number of children described in section 8003(a)(1)(C) for that agency bears to the total number of those children for all agencies eligible for such a payment. ``(d) Federal Share.--(1) The Federal share of a project under this section may not exceed 50 percent. ``(2) The Secretary shall not obligate funds under this section with respect to an eligible local educational agency until the Secretary is satisfied that the agency will provide the non-Federal share of the cost of the project. ``(3) Any funds that are not obligated with respect to a local educational agency within three years of the approval of its application under this section shall be reallocated to other eligible agencies. ``(e) Use of Funds.--A local educational agency shall use funds received under this section only for-- ``(1) construction, as defined in section 8013(3); and ``(2) minimum initial equipment necessary for the operation of a new or renovated school facility.''. facilities Sec. 808. Section 8008(a) of the ESEA is amended by striking out ``section 8014(f)'' and inserting in lieu thereof ``section 8014(a)(5)''. state consideration of payments in providing state aid Sec. 809. Section 8009 of the ESEA is amended-- (1) in subsection (a)(1), by striking out ``or under'' and all that follows through ``of 1994)''; (2) by amending subsection (b)(1) to read as follows: ``(1) In general.--A State may reduce State aid to a local educational agency that receives a payment under section 8002 or section 8003(b) (except the amount calculated in excess of 1.0 under section 8003(a)(2)(B)) for any fiscal year only if the Secretary determines, and certifies under subsection (c)(3)(A), that-- ``(A) the State has in effect a program of State aid that equalizes expenditures for free public education among local educational agencies in the State; and ``(B) the average per-pupil expenditure in the State is at least 80 percent of the average such expenditure in the 50 States and the District of Columbia.''; and (3) in subsection (d)-- (A) in paragraph (1)-- (i) by striking out ``or under'' and all that follows through ``of 1994)''; and (ii) in subparagraph (B), by striking out ``or under'' and all that follows through ``of 1994)''; and (B) in paragraph (2), by striking out ``or under'' and all that follows through ``of 1994)''. federal administration Sec. 810. Section 8010 of the ESEA is amended by striking out subsection (c). administrative hearings and judicial review Sec. 811. Section 8011(a) of the ESEA is amended by striking out ``or under'' and all that follows through ``of 1994)'' and inserting in lieu thereof ``or under its predecessor authorities''. forgiveness of overpayments Sec. 812. Section 8012 of the ESEA is amended by striking out ``under the'' and all that follows through ``of 1994)'' and inserting in lieu thereof ``under its predecessor authorities''. definitions Sec. 813. Section 8013 of the ESEA is amended-- (1) in paragraph (4), by striking out ``and title VI''; (2) in paragraph (5)-- (A) in subparagraph (A)-- (i) by striking out ``subparagraphs (B) through (F)'' and inserting in lieu thereof ``subparagraphs (B) through (D)''; (ii) in clause (ii)(V), by striking out ``as described in paragraph (10)'' and inserting in lieu thereof ``as described in clause (iii)''; and (iii) by amending clause (iii) to read as follows: ``(iii)(I) part of a low-income housing project assisted under the United States Housing Act of 1937; or ``(II) affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996; or''; and (B) by striking out subparagraphs (B) and (F) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; (3) in paragraph (7), by striking out ``or (5)(F)''; (4) in paragraph (8)(B), by striking out ``all States'' and inserting in lieu thereof ``the 50 States and the District of Columbia''; (5) in paragraph (9)(B)(i), by striking out ``or the Act'' and all that follows through ``of 1994)'' and inserting in lieu thereof ``(or under its predecessor authority)''; (6) by striking out paragraphs (10) and (11); and (7) by redesignating paragraph (12) as paragraph (10). authorization of appropriations Sec. 814. Section 8014 of the ESEA is amended to read as follows: ``authorization of appropriations ``Sec. 8014. (a) There are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years to carry out each of the following provisions of this title: ``(1) Section 8002, payments for Federal acquisition of real property. ``(2) Section 8003(b), basic payments; and section 8003(f), payments for heavily impacted local educational agencies. ``(3) Section 8003(d), payments for children with disabilities. ``(4) Section 8007, construction. ``(5) Section 8008, facilities maintenance. ``(b) Funds appropriated to carry out sections 8007 and 8008 shall be available to the Secretary until expended.''. TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A--Indian Education findings and purpose Sec. 901. Sections 9101(1)(C), 9102(a), and 9102(b)(1) of the ESEA are each amended by striking out ``special'' and inserting in lieu thereof ``unique''. grants to local educational agencies Sec. 902. Section 9112(b)(2) of the ESEA is amended by inserting a comma and ``except that any such tribe is not subject to section 9114(c)(4) (parent committee), section 9117(c) (maintenance of effort), or section 9118 (State review of applications)'' before the period at the end thereof. amount of grants Sec. 903. Section 9113 of the ESEA is amended-- (1) in subsection (b)(2), by striking out ``Act'' and inserting in lieu thereof ``subpart''; and (2) by amending subsection (d) to read as follows: ``(d) Schools Operated or Supported by the Bureau of Indian Affairs.--(1) In addition to the grants awarded under subsection (a), and subject to subsection (e), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of-- ``(A) the total number of Indian children enrolled in schools that are operated by-- ``(i) the Bureau of Indian Affairs; or ``(ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988; and ``(B) the greater of-- ``(i) the average per-pupil expenditure of the State in which the school is located; or ``(ii) 80 percent of the average per-pupil expenditure in the United States. ``(2) Any school described in paragraph (1) that wishes to receive an allocation under this subpart shall submit an application in accordance with section 9114, and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that it shall not be subject to section 9114(c)(4) (parent committee), section 9117(c) (maintenance of effort), or section 9118 (State review of applications).''. applications Sec. 904. Section 9114 of the ESEA is amended-- (1) in subsection (b)(2), by amending subparagraph (A) to read as follows: ``(A) is consistent with State and local plans under other provisions of this Act; and''; (2) by amending subsection (c)(3)(A) to read as follows: ``(A) is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the American Indian and Alaska Native students to whom the local educational agency is providing an education;'' and (3) in paragraph (4)-- (A) by amending subparagraph (B) to read as follows: ``(B) a majority of whose members are parents of Indian children;'' and (B) in subparagraph (D)(ii), by striking out ``will not diminish'' and inserting in lieu thereof ``will enhance''. authorized services and activities Sec. 905. Section 9115(b) of the ESEA is amended-- (1) in paragraph (5), by striking out ``Applied Technology Education Act'' and inserting in lieu thereof ``Technical Education Act of 1998''; (2) in paragraph (6), by striking out ``and'' at the end thereof; (3) in paragraph (7), by striking out the period at the end thereof and inserting in lieu thereof a semicolon and ``and''; and (4) by adding at the end thereof paragraphs (8) through (11) to read as follows: ``(8) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; ``(9) activities that incorporate American Indian- and Alaska Native-specific curriculum content, consistent with State standards, into the curriculum used by the local educational agency; ``(10) activities to promote coordination and collaboration between tribal, Federal, and State public schools in areas that will improve American Indian and Alaska Native student achievement; and ``(11) activities that addresses the special needs of American Indian and Alaska Native students who are gifted and talented.''. student eligibility forms Sec. 906. Section 9116 of the ESEA is amended-- (1) in subsection (f)-- (A) in the second sentence of paragraph (1)(A), by inserting ``the'' before ``size''; and (B) in paragraph (3), by striking out ``subsection (d)'' and inserting in lieu thereof ``subsection (a)''; (2) by amending subsection (g) to read as follows: ``(g) Tribal Grant and Contract Schools.--Notwithstanding any other provision of this section, the Secretary, in awarding funds under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Affairs, shall use only one of the following, as selected by the school: ``(1) A count of the number of students in those schools certified by the Bureau. ``(2) A count of the number of students for whom the school has eligibility forms that comply with this section.''; and (3) by adding at the end thereof a new subsection (h) to read as follows: ``(h) Timing of Child Counts.--For purposes of determining the number of children to be counted in calculating the amount of a local educational agency's grant under this subpart (other than in the case described in subsection (g)(1)), the local educational agency shall-- ``(1) establish a date on, or a period not longer than 31 consecutive days during which, the agency counts those children, so long as that date or period occurs before the deadline established by the Secretary for submitting an application under section 9114; and ``(2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that date or during that period, as the case may be.''. payments Sec. 907. Section 9117(b) of the ESEA is amended by striking out ``(or under subpart 1 of the Indian Education Act of 1988)''. state educational agency review Sec. 908. Section 9118 of the ESEA is amended to read as follows: ``state educational agency review ``Sec. 9118. Before submitting an application to the Secretary under section 9114, a local educational agency shall submit it to the State educational agency, which may comment on it. If the State educational agency comments on the application, it shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond.''. improvement of educational opportunities for indian children Sec. 909. Section 9121(d)(2) of the ESEA is amended-- (1) in subparagraph (A), by striking out ``subsection'' and inserting in lieu thereof ``section''; and (2) in subparagraph (B)-- (A) by inserting a comma and ``other than an application for a dissemination grant under paragraph (1)(D),'' after ``subparagraph (A)''; (B) in clause (ii), by striking out ``and'' at the end thereof; (C) by redesignating clause (iii) as clause (v); and (D) by inserting new clauses (iii) and (iv) to read as follows: ``(iii) information demonstrating that the proposed program is either a research-based program or such a program that has been modified to be culturally appropriate for the students who will be served; ``(iv) a description of how the applicant will incorporate the proposed services into the ongoing school program once the grant period is over; and''. professional development Sec. 910. Section 9122 of the ESEA is amended-- (1) in subsection (e)-- (A) by striking out paragraph (2); and (B) by striking out the subsection designation ``(e)'' and all that follows through ``Each'' and inserting in lieu thereof ``(e) Application.--Each''; (2) in subsection (h)(1), by inserting ``preservice'' after ``receives''; and (3) by adding at the end thereof a new subsection (i) to read as follows: ``(i) In-Service Training for Teachers of Indian Children.-- ``(1) Grants authorized.--In addition to the grants authorized by subsection (c), the Secretary may make grants to either of the following, in order to provide high-quality in- service training to teachers in local educational agencies with substantial numbers of Indian children enrolled in their schools: ``(A) A consortium of a tribal college and an institution of higher education that awards a degree in education. ``(B) A consortium of a tribal college or an institution of higher education that awards a degree in education, or both, and one or more elementary or secondary schools operated by an Indian tribe or funded by the Bureau of Indian Affairs, local educational agencies serving Indian children, or tribal educational agencies. ``(2) Use of funds.--(A) A consortium that receives a grant under paragraph (1) shall use the grant funds only to provide high-quality in-service training to teachers, including teachers who are not Indian, in local educational agencies with substantial numbers of Indian children enrolled in their schools, in order to better meet the unique educational needs of those children. ``(B) The training described in subparagraph (A) shall include such activities as preparing teachers to use the best available research-based practices and learning strategies, and to make the most effective use of curriculum and materials, that respond to the unique needs of Indian children in their classrooms. ``(3) Special rule.--Subsection (d) of this section shall not apply to grants made under this subsection. ``(4) Preference for indian applicants.--In applying section 9153 to this subsection, the Secretary shall give a preference to any consortium that includes one or more of the entities described in that section.''. repeal of authorities Sec. 911. Part A of title IX of the ESEA is further amended-- (1) by striking out sections 9123, 9124, and 9125; (2) by striking out subpart 3; and (3) by redesignating subparts 4, 5, and 6 as subparts 3, 4, and 5, respectively. federal administration Sec. 912. (a) Peer Review.--Section 9152 of the ESEA is amended by striking out ``subpart 2, 3, or 4'' and inserting in lieu thereof ``subpart 2 or 3''. (b) Preference for Indian Applicants.--Section 9153 of the ESEA is amended by striking out ``subpart 2, 3, or 4'' and inserting in lieu thereof ``subpart 2 or 3''. (c) Minimum Grant Criteria.--Section 9154 of the ESEA is amended by striking out ``subpart 2 or 3'' and inserting in lieu thereof ``subpart 2''. authorization of appropriations Sec. 913. Section 9162 of the ESEA is amended to read as follows: ``authorization of appropriations ``Sec. 9162. (a) Subpart 1.--For the purpose of carrying out subpart 1 of this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. ``(b) Subparts 2 and 3.--For the purpose of carrying out subparts 2 and 3 of this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005.''. Part B--Native Hawaiian Education native hawaiian education Sec. 921. Part B of title IX of the ESEA is amended-- (1) by amending the heading thereof to read as follows: ``Part B--Native Hawaiian Education''; (2) in section 9202(17), by inserting after the first sentence the following: ``Subsequent reports by the Kamahameha School Bishop Estate and other organizations have generally confirmed those findings.''; (3) in section 9203(2), by striking out ``on Native Hawaiian education,'' and everything that follows through the end thereof and inserting in lieu thereof ``on Native Hawaiian education;''; (4) by repealing sections 9204 through 9210 and inserting in lieu thereof a new section 9204 to read as follows: ``program authorized ``Sec. 9204. (a) General Authority.-- ``(1) Program authorized.--The Secretary is authorized to make grants to, or enter into contracts with, Native Hawaiian educational organizations; Native Hawaiian community-based organizations; public and private nonprofit organizations, agencies, or institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; and consortia of such organizations, agencies, or institutions to carry out programs that meet the purposes of this part. ``(2) Permissible activities.--Programs under this part may include-- ``(A) the operation of one or more councils to coordinate the provision of educational and related services and programs available to Native Hawaiians; ``(B) the operation of family-based education centers that provide such services as-- ``(i) programs for parents and their infants from prenatal through age three; ``(ii) preschool programs; and ``(iii) research on, development of, and assessment of family-based, early childhood, and preschool programs for Native Hawaiians; ``(C) activities to enable Native Hawaiians to enter and complete programs of postsecondary education, including-- ``(i) full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to professions in which Native Hawaiians are underrepresented; ``(ii) counseling and support services for students receiving scholarship assistance; ``(iii) counseling and guidance for Native Hawaiian secondary students who have the potential to receive scholarships; and ``(iv) faculty development activities designed to promote the matriculation of Native Hawaiian students; ``(D) activities that address the special needs of Native Hawaiian students who are gifted and talented, including-- ``(i) educational, psychological, and developmental activities designed to assist in the educational progress of those students; and ``(ii) activities that involve the parents of those students in a manner designed to assist in the students' educational progress; ``(E) activities to meet the special needs of Native Hawaiian students with disabilities, including-- ``(i) the identification of such students, and of their needs; ``(ii) the provision of support services to the families of those students; and ``(iii) other activities consistent with the requirements of the Individuals with Disabilities Education Act. ``(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture; ``(G) professional development activities for educators, including-- ``(i) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; ``(ii) in-service programs to improve the ability of teachers who teach in schools with concentrations of Native Hawaiian students to meet those students' unique needs; and ``(iii) recruiting and preparing Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers; ``(H) the operation of community-based learning centers that address the needs of native Hawaiian families and communities through the coordination of public and private programs and services, including-- ``(i) preschool programs; ``(ii) after-school programs; and ``(iii) vocational and adult education programs; ``(I) research and data-collection activities to determine the educational status and needs of Native Hawaiian children and adults; ``(J) other research and evaluation activities related to programs under this part; and ``(K) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults. ``(3) Priorities.--In awarding grants or contracts to carry out activities described in paragraphs (2)(F) and (2)(G), the Secretary shall give priority to projects that-- ``(A) focus on the needs of at-risk youth; and ``(B) use the Hawaiian language in instruction. ``(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005 to carry out this part.''; (5) in section 9211, by amending subsection (b) to read as follows: ``(b) Special Rule.--Each applicant for a grant or contract under this part shall submit its application for comment to each local educational agency serving students who will participate in the project and include those comments, if any, with its application to the Secretary.''; (6) in section 9212, by-- (A) striking out paragraphs (3) and (5); and (B) redesignating paragraphs (4) and (6) as paragraphs (3) and (4), respectively; and (7) by redesignating section 9211 and section 9212 as section 9205 and section 9206, respectively. Part C--Alaska Native Education alaska native education Sec. 931. Part C of title IX of the ESEA is amended-- (1) by repealing sections 9304 through 9306 and inserting in lieu thereof a new section 9304 to read as follows: ``program authorized ``Sec. 9304. (a) General Authority.-- ``(1) Program authorized.--The Secretary is authorized to make grants to, or enter into contracts with, Alaska Native organizations, educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages, and consortia of such organizations and entities to carry out programs that meet the purpose of this part. ``(2) Permissible activities.--Programs under this part may include-- ``(A) the development and implementation of plans, methods, and strategies to improve the education of Alaska Natives; ``(B) the development of curricula and educational programs that address the educational needs of Alaska Native students, including-- ``(i) curriculum materials that reflect the cultural diversity or the contributions of Alaska Natives; ``(ii) instructional programs that make use of Native Alaskan languages; and ``(iii) networks that introduce successful programs, materials, and techniques to urban and rural schools; ``(C) professional development activities for educators, including-- ``(i) programs to prepare teachers to address the cultural diversity and unique needs of Alaska Native students; ``(ii) in-service programs to improve the ability of teachers to meet the unique needs of Alaska Native students; and ``(iii) recruiting and preparing teachers who are Alaska Natives, reside in communities with high concentrations of Alaska Native students, or are likely to succeed as teachers in isolated, rural communities and engage in cross-cultural instruction; ``(D) the development and operation of home instruction programs for Alaska Native preschool children, the purpose of which is to ensure the active involvement of parents in their children's education from the earliest ages; ``(E) the development and operation of student enrichment programs in science and mathematics that-- ``(i) are designed to prepare Alaska Native students from rural areas, who are preparing to enter high school, to excel in science and math; and ``(ii) provide appropriate support services to the families of such students that are needed to enable such students to benefit from the program; ``(F) research and data-collection activities to determine the educational status and needs of Alaska Native children and adults; ``(G) other research and evaluation activities related to programs under this part; and ``(H) other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults. ``(3) Home instruction programs.--Home instruction programs for Alaska Native preschool children under paragraph (2)(D) may include-- ``(A) programs for parents and their infants, from prenatal through age three; ``(B) preschool programs; and ``(C) training, education, and support for parents in such areas as reading readiness, observation, storytelling, and critical thinking. ``(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005 to carry out this part.''; (2) in section 9307-- (A) by amending subsection (b) to read as follows: ``(b) Applications.--State and local educational agencies may apply for an award under this part only as part of a consortium involving an Alaska Native organization. This consortium may include other eligible applicants.''; (B) by amending subsection (d) to read as follows: ``(d) Local Educational Agency Coordination.--Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the project about its application.''; and (C) by striking out subsection (e); and (3) by redesignating section 9307 and section 9308 as section 9305 and section 9306, respectively. TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE fund for the improvement of education Sec. 1001. Part A of title X of the ESEA is amended-- (1) in section 10101-- (A) in subsection (a)-- (i) by striking out ``National Education Goals'' and inserting in lieu thereof ``America's Education Goals''; and (ii) by inserting ``elementary and secondary'' immediately after ``improve the quality of''; (B) by amending subsection (b) to read as follows: ``(b) Use of Funds.--Funds under this section may be used for-- ``(1) development, evaluation, and other activities that are designed to-- ``(A) improve the quality of elementary and secondary education; ``(B) assist all students to meet challenging State standards; and ``(C) contribute to the achievement of America's Education goals; ``(2) the development, implementation, and evaluation of programs that are designed to foster student community service, encourage responsible citizenship and improve academic learning, and give students the opportunity to apply what they learn in the classroom to meet actual community needs; ``(3) the identification and recognition of exemplary schools and programs, such as Blue Ribbon Schools; ``(4) activities to study and implement strategies for creating smaller learning communities; ``(5) programs under section 10102 and section 10103; ``(6) activities to promote family involvement in education; and ``(7) other programs and projects that meet the purposes of this section.''; (C) by amending subsection (c) to read as follows: ``(c) Awards.--(1) The Secretary may-- ``(A) make awards under this section on the basis of competitions announced by the Secretary; and ``(B) support meritorious unsolicited proposals. ``(2) An applicant for an award under this section, shall-- ``(A) establish clear goals and objectives for its project under this part; and ``(B) describe the activities it will carry out in order to meet the goals and objectives of its project. ``(3) A recipient of an award under this section shall evaluate the effectiveness of its project's activities in achieving the goals and objectives stated in its application. ``(4) A recipient of an award under this section shall report to the Secretary such information as may be required, including evidence of its progress towards meeting the goals and objectives of its project, in order to determine the effectiveness of its project under this section. ``(5) The Secretary may-- ``(A) require recipients of awards under this section to provide matching funds from non-Federal sources; and ``(B) limit competitions to particular types of entities, such as State or local educational agencies. ``(6) The Secretary shall use a peer review process in reviewing applications for assistance under this section and may use funds appropriated under subsection (d) for the cost of such peer review.''; and (D) by amending subsection (d) to read as follows: ``(d) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''; (E) by redesignating subsection (d), as amended by subparagraph D, as subsection (e) and inserting a new subsection (d) to read as follows: ``(d) Evaluation and Program Development.--(1) Each recipient of a grant under this section shall submit to the Secretary a comprehensive evaluation of the effects of its program assisted under this part, including its impact on students, teachers, administrators, parents and others-- ``(A) at the mid-point of the program; and ``(B) not later than one year after completion of the program. ``(2) Evaluations under this subsection shall focus on the effectiveness of the program in achieving its goals and objectives.''; (2) by repealing section 10102; (3) by amending section 10103 to read as follows: ``state and local character education program ``Sec. 10103. (a) Program Authorized.--(1) The Secretary may make grants to State educational agencies, local educational agencies, or consortia of such educational agencies for the design and implementation of character education programs. ``(2) Each grant under this section shall be awarded for a period not to exceed five years, of which the recipient shall use not more than one year for planning and program design. ``(b) Applications.--(1) Each applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Each application under this section shall include-- ``(A) a description of any partnerships and other collaborative efforts between the applicant and other educational agencies; ``(B) a description of the program's goals and objectives; ``(C) a description of the activities the applicant will carry out, and how these activities are designed to meet the program's goals and objectives under subparagraph (B), including-- ``(i) how parents, students, and other members of the community, including members of private and nonprofit organizations, will be involved in the design and implementation of the program; ``(ii) the curriculum and instructional practices that will be used or developed; and ``(iii) the methods of teacher training and parent education that will be used or developed; ``(D) a description of how the program will be linked to other efforts to improve educational outcomes, including-- ``(i) broader educational reforms that are being instituted by the applicant or its partners; and ``(ii) applicable State and local standards for student performance; ``(E) a description of how the applicant will evaluate the progress of its program in meeting the goals and objectives under subparagraph (B), including the performance indicators that will be used to measure progress; and ``(F) such other information as the Secretary may require. ``(c) Diversity of Projects.--The Secretary shall make awards under this section that, to the extent practicable, support programs that serve different geographic areas of the Nation, including urban, suburban, and rural areas.''; (4) by redesignating section 10103, as amended by paragraph (3), as section 10102 and adding a new section 10103 to read as follows: ``character education research, dissemination, and evaluation ``Sec. 10103. (a) Program Authorized.--The Secretary is authorized to make grants, or enter into contracts or cooperative agreements with, State educational agencies, local educational agencies, institutions of higher education, tribal organizations, and other public or private agencies or organizations to carry out research, development, dissemination, technical assistance, and evaluation activities that support or inform character education programs under section 10102. ``(b) Use of Funds.--Consistent with subsection (a), funds under this section may be used-- ``(1) to conduct research and development activities that focus on such matters as-- ``(A) the effectiveness of instructional models; ``(B) materials and curricula that can be used by programs in character education; ``(C) models of professional development in character education; and ``(D) the development of outcome measures for character education programs; ``(2) to provide technical assistance to the agencies receiving awards under section 10102, particularly on matters of program evaluation; ``(3) to conduct a national evaluation of programs under section 10102; and ``(4) to compile and disseminate, through various approaches, such as a national clearinghouse-- ``(A) information on model character education programs; ``(B) character education materials and curricula; ``(C) research findings in the area of character education and character development; and ``(D) any other information that will be useful to character education program participants and other educators and administrators, nationwide.''; and (5) by repealing section 10104, section 10105, section 10106, and section 10107. gifted and talented children Sec. 1002. Part B of title X of the ESEA is amended-- (1) in section 10201, by striking out ``of 1994''; (2) in section 10204(c), by adding at the end thereof a new paragraph (3) to read as follows: ``(3) Dissemination.--The National Center shall focus the dissemination of the results of its activities under subsection (b)(7) to schools with high percentages of economically disadvantaged students.''; (3) by amending section 10206(b) to read as follows: ``(b) Review and Dissemination.--The Secretary-- ``(1) shall use a peer review process in reviewing applications under this part; ``(2) shall ensure that the information on the activities and results of programs and projects funded under this part is disseminated to appropriate State and local agencies and other appropriate organizations, including private nonprofit organizations; and ``(3) may evaluate the effectiveness of programs under this part in accordance with section 11801 of this Act.''; and (4) by amending section 10207 to read as follows: ``authorization of appropriations ``Sec. 10207.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''. international education program Sec. 1003. Title VI of Goals 2000: Educate America Act (P.L. 103- 227) is amended-- (1) in section 601(c)(6) to read as follows: ``(6) Definitions.--For the purposes of this subsection, the term `eligible country' means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, Georgia, the Republic of Ireland, the province of Northern Ireland in the United Kingdom of Great Britain, the Commonwealth of Independent States, any country that formerly was a republic of the Soviet Union whose political independence is recognized by the United States, and any other emerging democracy in a developing country. For the purpose of this definition, the term `developing country' shall have the same meaning given it in the Education of the Deaf Act.''; (2) by amending section 601(d) to read as follows: ``(d) Authorization of Appropriations.--For the purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''; and (3) by redesignating such title and section as part C of title X of the ESEA and section 10301, respectively. arts in education Sec. 1004. Part D of title X of the ESEA is amended-- (1) by striking out the heading and designation of subpart 1; (2) in section 10401-- (A) in subsection (d)-- (i) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (ii) by inserting immediately after paragraph (8) the following new paragraph: ``(9) supporting model arts and cultural programs for at- risk children and youth, particularly programs that use arts and culture to promote students' academic progress;''; and (B) by amending subsection (f) to read as follows: ``(f) Authorization of Appropriations.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''; and (3) by repealing subpart 2. inexpensive book distribution program Sec. 1005. Section 10501(e) of the ESEA is amended by striking out ``$10,300,000 for fiscal year 1995 and such sums as may be necessary'' and inserting in lieu thereof ``such sums as may be necessary for fiscal year 2001 and''. civic education Sec. 1006. Part F of title X of the Elementary and Secondary Education Act of 1965 is amended-- (1) by repealing section 10602; (2) by amending section 10603 to read as follows: ``authorization of appropriations ``Sec. 10603. For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''; and (3) by redesignating section 10603, as amended by paragraph (2), as section 10602. allen j. ellender fellowship program Sec. 1007. Part G of title X of the Elementary and Secondary Education Act of 1965 is repealed. 21st century community learning centers Sec. 1008. Part I of title X of the ESEA is amended-- (1) in section 10902(2), by striking out ``should collaborate'' and inserting in lieu thereof ``must collaborate''; (2) in section 10903-- (A) by amending subsection (a) to read as follows: ``(a) Grants by the Secretary.--(1) The Secretary is authorized, in accordance with paragraph (2), to award grants to community-based organizations and local educational agencies, on behalf of public elementary or secondary schools in inner-cities, small cities, and rural areas, that serve communities with a substantial need for expanded learning opportunities because-- ``(A) they have a high proportion of low-achieving students; ``(B) they lack resources to establish or expand after- school centers that benefit the educational, health, social service, cultural, and recreational needs of the community; or ``(C) they have other needs consistent with the purposes of this part. ``(2) The Secretary may reserve up to 10 percent of the funds appropriated to carry out this part for any fiscal year to make grants to community-based organizations to carry out projects, consistent with the purposes of this part and with subsection (c).''; (B) by amending subsection (b) to read as follows: ``(b) Equitable Distribution.--In awarding grants under this part, the Secretary shall ensure an equitable distribution of assistance among the States and among urban and rural areas of the United States.''; and (C) in subsection (c), by striking out ``3 years'' and inserting in lieu thereof ``5 years''; (3) in section 10904-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking out ``an elementary or secondary school or consortium'' and inserting in lieu thereof ``a local educational agency, on behalf of one or more elementary or secondary schools, or a community-based organization''; (ii) in paragraph (1), by striking out ``the school or consortium'' and inserting in lieu thereof ``the applicant''; (iii) in paragraph (2), by striking out ``and'' at the end thereof; (iv) in paragraph (3)-- (I) in subparagraph (C), (aa) by inserting ``schools,'' immediately after ``undertaken by''; and (bb) by inserting a comma and ``in order to promote community involvement in the planning and implementation of services provided under this part'' immediately after ``appropriate organizations''; (II) in subparagraph (D), by striking out ``the school or consortium'' and inserting in lieu thereof ``the applicant''; and (III) in subparagraph (E), by-- (aa) striking out ``the school or consortium'' and inserting in lieu thereof ``the applicant''; and (bb) striking out the period at the end thereof and inserting in lieu thereof a semi-colon; and (v) by adding, at the end thereof, the following new paragraphs (4), (5), and (6): ``(4) information demonstrating that the applicant will provide at least 50 percent of the cost of the project from other sources, which may include other Federal funds and may be provided in cash or in-kind, fairly evaluated; ``(5) an assurance that the applicant will, in each year of the project, expend, from non-Federal sources, at least as much for the services under this part as it expended for the preceding year; and ``(6) information demonstrating how the applicant will continue the project after completion of the grant.''; (B) by amending subsection (b) to read as follows: ``(b) Priority.--The Secretary shall give priority to applications that describe projects that-- ``(1) offer a broad selection of services that address the needs of the community; and ``(2) offer significant, expanded learning opportunities for children and youth in the community.''; and (C) by further amending section 10904 by adding at the end thereof a new subsection (c), to read as follows: ``(c) Special Rule.--An application submitted by a community-based organization shall contain evidence that affected local educational agencies concur with the proposed project.''; (4) in section 10905, by striking out ``may be used to plan, implement, or expand community learning centers which include not less than four'' and inserting in lieu thereof ``shall be used to establish or expand community learning centers that provide activities that offer significant expanded learning opportunities, such as before and after school, for children and youth in the community, and that may also include any''; (5) by amending section 10906 to read as follows: ``Sec. 10906. (a) Community Learning Center.--For the purpose of this part, the term `community learning center' means an entity that-- ``(1) provides expanded learning opportunities, and may also provide services that address health, social service, cultural, and recreational needs of the community; and ``(2) is operated in conjunction with local governmental agencies, businesses, vocational education programs, institutions of higher education, community colleges, and cultural, recreational, and other community and human service entities. ``(b) Special Rule.--In the case of a community learning center operated by a local educational agency, the center shall be located within a public elementary or secondary school building.''; (6) by amending section 10907 to read as follows: ``authorization of appropriations ``Sec. 10907. For the purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''; (7) by adding at the end thereof the following new section 10908: ``continuation awards ``Sec. 10908. The Secretary may use funds under this part to make continuation awards for projects that were funded with fiscal year 1999 and 2000 funds, under the terms and conditions that applied to the original awards for those projects.''; and (8) by redesignating-- (A) part I as part G; and (B) sections 10901 through 10908, as amended by this section, as sections 10701 through 10708, respectively. urban and rural education assistance Sec. 1009. Part J of title X of the Elementary and Secondary Education Act of 1965 is repealed. high school reform Sec. 1010. Title X of the ESEA is further amended by inserting after part G, as redesignated by section 1008(8)(A), a new part H to read as follows: ``Part H--High School Reform ``findings and purposes ``Sec. 10801. (a) Findings.--The Congress finds as follows: ``(1) All high school students must obtain the academic foundations needed for further education and training, and to succeed in an economy that is increasingly characterized by global competition, evolving technologies, and high demands for a skilled, literate, and adaptable workforce. ``(2) To be effective, high schools must not only prepare students academically, they must also ensure that students are connecting with adults and are receiving the necessary supports to continue their personal and interpersonal growth during this critical transition stage. ``(3) Effective high schools are places where students feel safe, the school is free of drugs, and the classrooms are disciplined environments where all students can learn. High schools are increasingly larger places where students feel increasingly disconnected from adults and often from their peers, particularly in urban and suburban areas. Research shows that when students feel connected to school and to their parents, they are less likely than other adolescents to suffer from emotional distress, have suicidal thoughts and behaviors, use violence, and smoke cigarettes, drink alcohol, or smoke marijuana. ``(4) Research and national data collections indicate that many high schools do not succeed in meeting both the academic and developmental needs of students. For example-- ``(A) more than 20 percent of Americans, ages 25 through 29, do not have a regular high school diploma; ``(B) on the most recent international assessment of mathematics and science knowledge, the Third International Mathematics and Science Study (TIMSS), American 12th-graders outperformed students from only two of the 21 other participating Nations. A comparison of these assessment results with 4th-grade and 8th- grade TIMSS scores indicates that American students lose ground during the high school years; ``(C) recent results from National Assessment of Educational Progress reading assessments for 12th- graders indicate improvement in the performance of higher-achieving students, but no improvement in the scores for the lowest-achieving students; ``(D) the problems facing high schools are particularly prevalent in schools that enroll concentrations of minority students and students from low-income families; and ``(E) relatively few high schools are undertaking serious, standards-based educational reforms. For instance, most of the initiatives carried out through the Comprehensive School Reform Demonstrations program have been at the elementary level. ``(5) Because of changes made by the Improving America's Schools Act of 1994, high schools now receive significantly more title I funding than was the case before, and the number of high schools operating title I schoolwide programs has increased. However, evaluations indicate that title I, by itself, has not yet resulted in significant reforms in high schools. High schools now have the opportunity to use title I funds to leverage Federal, State, and local funds to implement education reforms. ``(6) High school reforms can be effective. For example, schools participating in the Southern Regional Education Board `High Schools that Work' program, a whole-school, research- based reform initiative, have shown significant improvement in reading and mathematics scores. The Johns Hopkins University Talent Development model has demonstrated promising results at its initial implementation site. The schools implementing locally based reforms and participating in the Department of Education's `New American High Schools' initiative have generally achieved improved outcomes in graduation, attendance, and achievement. ``(7) A variety of approaches to high school reform, geared to local conditions and needs, can be effective. These approaches include `schools within schools' and other innovations that create smaller learning environments and involve adults more fully in the lives of students, `career academies' and other approaches that structure learning around careers, partnerships that pair schools with businesses or institutions of higher education, and reforms that reorganize the school day. In addition, most successful reforms include a strong focus on the professional development of participating educators and provision of in-depth academic, career, and college counseling. ``(b) Purposes.--The purposes of this part are to-- ``(1) support the planning and implementation of educational reforms in high schools, particularly in urban and rural high schools that educate concentrations of students from low-income families, in order to-- ``(A) meet the needs of students at risk of failing to achieve to challenging standards, by strengthening curriculum and instruction, offering extended learning opportunities, and providing professional development opportunities to school staff; and ``(B) improve title I schoolwide programs in high schools; ``(2) support the further development of educational reforms, designed specifically for high schools, that-- ``(A) help students meet challenging State standards; and ``(B) increase connections between students and adults and provide safe learning environments; ``(3) create positive incentives for serious change in high schools, by offering rewards to participating schools that achieve significant improvements in student achievement; ``(4) increase the national knowledge base on effective high school reforms by identifying the most effective approaches and disseminating information on those approaches so that they can be adopted nationally; and ``(5) support the implementation of reforms in at least 5,000 American high schools by the year 2007. ``grants to local educational agencies ``Sec. 10802. (a) Grants Authorized.--The Secretary may make grants to local educational agencies, on a competitive basis, for activities, consistent with this part, carried out in their high schools. ``(b) Duration.--Each grant under this section shall be for a period of up to three years. ``(c) Limitation.--The Secretary shall not provide assistance under this part to any high school under more than one grant. ``applications ``Sec. 10803. (a) Applications Required.--A local educational agency that desires to receive a grant under this part shall submit an application at such time, in such manner, and containing such information as the Secretary may determine. ``(b) Contents.--Each such application shall, for each high school for which assistance is sought-- ``(1) identify the school and describe its need for assistance under this part; ``(2) include-- ``(A) a preliminary plan for grades above 8th grade in the school that describes the educational reforms that will take place, as well as the specific activities to be carried out with grant funds; and ``(B) an assurance that the local educational agency will have a final plan for those reforms and activities within six months of receiving a grant under this part; and ``(3) demonstrate that a substantial percentage of administrators, teachers, and students at the school, as well as parents of students and other members of the community, were (and will be) involved in developing and carrying out that plan. ``selection of grantees ``Sec. 10804. (a) In General.--The Secretary shall select grantees, using a peer-review process, on the basis of-- ``(1) the relative need of each high school for which assistance is sought, considering such factors as the percentage of students who are from low-income families, student achievement data, dropout rates, and attendance rates; and ``(2) the quality of applications, including the likelihood that the proposed reforms will succeed. ``(b) Applications for More Than One High School.--In case of a meritorious application that requests assistance for more than one high school, the Secretary may approve the application for any number of those schools. ``(c) Special Rules.--In approving applications under this section, the Secretary shall-- ``(1) to the extent possible, award a majority of grants under this part to assist high schools that participate in programs under part A of title I of this Act or serve high- poverty school attendance areas; and ``(2) equitably distribute grants among the geographic regions of the Nation and among urban and rural local educational agencies. ``principles and components of educational reforms ``Sec. 10805. (a) Principles.--Each grantee under this part shall ensure that the reforms it carries out under this part are designed so that that each assisted high school-- ``(1) is a place where students receive individual attention and support, through such strategies as creating smaller learning environments, such as `schools within schools' and career academies and providing students with counselors and mentors; ``(2) provides all students in the school with challenging coursework, aligned with State content and performance standards, through such strategies as the use of technology to enhance academic instruction and the establishment or expansion of international baccalaureate programs or advanced placement programs; ``(3) is a place where students are motivated to learn, through such strategies as applied learning and linking the arts, music, and cultural opportunities with the school, both during and after the normal school day; ``(4) enables students to receive an education that is continuous and integrated, through such strategies as partnerships with middle schools and institutions of higher education; ``(5) helps students achieve their educational and career goals, through such strategies as integrated academic and vocational instruction that connects students with career opportunities; and ``(6) functions as a center for the community, through such strategies as increasing the involvement of parents, employers, and others in the community. ``(b) Required Components.--In order to institutionalize the principles described in subsection (a), each grantee under this part shall use funds that are provided on behalf of a high school to implement (and, if necessary, to use not more than six months to complete the planning and development of) research-based educational reform strategies throughout the entire school that-- ``(1) in the case of a school with a schoolwide program under part A of title I, build on and improve the schoolwide reform program; ``(2) address the needs of students who are at risk of failing to be promoted to the next grade or to graduate, including-- ``(A) covering material that students need to master in order to pass State-mandated exit exams; and ``(B) strengthening curriculum, instruction, and assessments and by offering extended learning opportunities such as after-school, weekend, and summer programs; ``(3) are implemented at the school level, but include strong support and assistance from the local educational agency, as documented in its application; ``(4) make full and effective use of the resources that the school receives under other Federal programs; ``(5) make use of outside experts in high-school reform, unless the local educational agency demonstrates in its application, to the Secretary's satisfaction, that the school's reform strategy can be implemented effectively without outside assistance; ``(6) include professional development of school staff, including development of the skills needed to use student achievement and other outcome data to refine and improve the educational reform strategy; and ``(7) provide for collecting data on, and evaluating, the reforms and for reporting to the Secretary on the results of those evaluations. ``private schools ``Sec. 10806. (a) Professional Development.--Each grantee under section 10804 shall, in accordance with sections 11803 through 11806, provide for the equitable participation of private school personnel in the professional development activities it carries out with grant funds. ``(b) Information.--If a grantee uses grant funds to develop curricular materials, it shall make information about those materials available to private schools at their request. ``additional activities ``Sec. 10807. From the amount available to carry out this part for any fiscal year under section 10809, the Secretary shall reserve the amount he finds appropriate to carry out one or more of the following: ``(1) Incentive awards.--(A)(i) The Secretary shall select a random sample of schools from each of the first two years' cohorts of grantees, along with a similarly selected control group of comparable schools, to participate in an incentive- based experiment, under which the Secretary makes incentive payments to teachers and administrators in the grantee schools if, after three years of program participation, their students demonstrate significant gains in student educational outcomes compared to the gains made in the schools in the control group. ``(ii) If those significant gains continue, the Secretary may make further incentive payments to those teachers and administrators for up to two additional years. ``(B) The Secretary shall base determinations of student educational outcomes on multiple measures, including scores on State assessments. ``(C) The maximum amount of an incentive award under this paragraph is $3,000 per teacher and administrator per year, which may be used by those individuals for any purpose. ``(2) Recognition, dissemination, networks, and peer review.--The Secretary may-- ``(A) recognize high schools and high school reforms that show outstanding results; ``(B) disseminate information on those schools and reforms; ``(C) carry out other activities to encourage the spread and adoption of successful high school reform strategies; ``(D) facilitate the creation of networks among participating schools and local educational agencies, which may include schools and local educational agencies interested in meeting the purpose of this part; and ``(E) pay the costs of the peer review of applications under this part. ``(3) Evaluation.--The Secretary may reserve funds, consistent with section 11911, to evaluate activities carried out under this part. ``definition ``Sec. 10808. For the purpose of this part, the term `high school' means any school that serves students in 12th grade. ``authorization of appropriations ``Sec. 10809. For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''. foreign language assistance program Sec. 1011. Title X of the ESEA is further amended by inserting after part H, as added by section 1010, a new part I to read as follows: ``Part I--Foreign Language Assistance Program ``findings; purpose ``Sec. 10901. (a) Findings.--The Congress finds that: ``(1) Increased fluency in languages other than English is necessary if the United States is to compete effectively in a global economy. ``(2) Four out of five new jobs in the United States are created from foreign trade. ``(3) The optimum time to begin learning a second language is in elementary school, when children have the greatest ability to learn and excel in foreign languages. ``(4) Foreign language study can increase children's capacity for critical and creative thinking, and children who study a second language show greater cognitive development in such areas as mental flexibility, creativity, tolerance, and higher-order thinking skills. ``(5) Children who have studied a foreign language in elementary school score higher on standardized tests of reading, language arts, and mathematics than children who have not studied a foreign language. ``(6) The United States lags behind other developed countries in offering foreign language study to elementary and secondary school students. ``(7) While research suggests that students more easily acquire foreign languages when instruction begins in the early grades, fewer than one-third of elementary schools in the United States offer foreign language instruction. ``(8) Of those elementary schools that do offer foreign language instruction, most offer only an introductory exposure to the foreign language. ``(9) Few elementary school foreign language programs are coordinated with secondary school foreign language programs to promote transitions that build on student knowledge of the foreign language. ``(10) Foreign language teachers have a continuing need for professional development that provides opportunities to improve their language competence and their teaching skills in the language they teach. This need is particularly important for elementary school teachers, most of whom have no specialized training or certification to teach languages at that level. ``(11) The next generation of advanced computers and telecommunications technology has a tremendous potential for improving access to foreign language instruction and the quality of that instruction at the elementary level. ``(12) It is a national goal that 25 percent of all public elementary schools offer high-quality, comprehensive foreign language programs by 2005, and that 50 percent offer such programs by 2010. Such programs should be designed to achieve language proficiency, aligned with State foreign language standards, and available to all students (including students with limited English proficiency and students with disabilities), and should ensure effective coordination between elementary and secondary school foreign language instruction. ``(b) Purpose.--It is the purpose of this part to expand, improve the quality of, and enhance foreign language programs at the elementary school level, including programs that recruit and train qualified elementary school foreign language teachers, by supporting-- ``(1) State efforts to encourage and support such programs; ``(2) local implementation of innovative programs that meet local needs; and ``(3) the identification and dissemination of information on best practices in elementary school foreign language education. ``elementary school foreign language assistance program ``Sec. 10902. (a) Authority.--(1) From funds appropriated under subsection (g) for any fiscal year, the Secretary is authorized to make grants to State educational agencies and to local educational agencies for the Federal share of the cost of the activities set forth in subsection (b). ``(2) Each grant under paragraph (1) shall be awarded for a period of three years. ``(3) A State educational agency may receive a grant under paragraph (1) if it-- ``(A) has established, or is establishing, State standards for foreign language instruction; or ``(B) requires the public elementary schools of the State to provide foreign language instruction. ``(4) A local educational agency may receive a grant under paragraph (1) if the program proposed in its application under subsection (c)-- ``(A) shows promise of being continued beyond the grant period; ``(B) would demonstrate approaches that can be disseminated to, and duplicated by, other local educational agencies; ``(C) would include performance measurements and assessment systems that measure students' proficiency in a foreign language; and ``(D) would use a curriculum that is aligned with State standards, if the State has such standards. ``(b) Authorized Activities.--(1) Grants to State educational agencies under this section shall be used to support programs that promote the implementation of high-quality foreign language programs in the elementary schools of the State, which may include-- ``(A) developing foreign language standards and assessments that are aligned with those standards; ``(B) supporting the efforts of institutions of higher education within the State to develop programs to prepare the elementary school foreign language teachers needed in schools within the State and to recruit candidates to prepare for, and assume, such teaching positions; ``(C) developing new certification requirements for elementary school foreign language teachers, including requirements that allow for alternative routes to certification; ``(D) providing technical assistance to local educational agencies in the State in developing, implementing, or improving elementary school foreign language programs, including assistance to ensure effective coordination with, and transition of students among, elementary, middle, and secondary schools; ``(E) disseminating information on promising or effective practices in elementary school foreign language instruction and supporting educator networks that help improve that instruction; ``(F) stimulating the development and dissemination of information on instructional programs that use educational technologies and technology applications (including such technologies and applications as multimedia software, web-based resources, digital television, and virtual reality and wireless technologies) to deliver instruction or professional development, or to assess students' foreign language proficiency; and ``(G) collecting data on and evaluating the elementary school foreign language programs in the State and activities carried out with the grant. ``(2) Grants to local educational agencies under this section shall be used for activities to develop and implement high-quality, standards-based elementary school foreign language programs, which may include-- ``(A) curriculum development and implementation; ``(B) professional development for teachers and other staff; ``(C) partnerships with institutions of higher education to provide for the preparation of the teachers needed to implement programs under this section; ``(D) efforts to coordinate elementary school foreign language instruction with secondary-level foreign language instruction, and to provide students with a smooth transition from elementary to secondary programs; ``(E) implementation of instructional approaches that make use of advanced educational technologies; and ``(F) collection of data on, and evaluation of, the activities carried out under the grant, including assessment, at regular intervals, of participating students' proficiency in the foreign language studied. ``(3) Special Rule.--Efforts under paragraph (2)(D) may include support for the expansion of secondary school instruction, so long as that instruction is part of an articulated elementary-through-secondary school foreign language program that is designed to result in student fluency in a foreign language. ``(c) Applications.--(1) Any State educational agency or local educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information and assurances, as the Secretary may require. ``(2) Each application shall include descriptions of-- ``(A) the goals that the applicant intends to accomplish through the project, including-- ``(i) for applications submitted by State educational agencies, the goal of ensuring the availability of qualified elementary school foreign language teachers throughout the State; and ``(ii) for applications submitted by local educational agencies, the goal of enabling all participating students to become proficient in a foreign language; ``(B) the activities to be carried out through the project; and ``(C) how the applicant will determine the extent to which its project meets its goals. ``(d) Priorities.--In awarding grants under this section, the Secretary may establish one or more priorities consistent with the purpose of this part, including priorities for projects carried out by local educational agencies that-- ``(1) provide immersion programs in which instruction is in the foreign language for a major portion of the day; or ``(2) promote the sequential study of a foreign language for students, beginning in elementary schools. ``(e) Reports.--(1) A State educational agency or local educational agency that receives a grant under this section shall submit to the Secretary an annual report that provides information on the project's progress in reaching its goals. ``(2) A local educational agency that receives a grant under this section shall include in its report under paragraph (1), information on students' gains in comprehending, speaking, reading, and writing a foreign language, and shall compare such educational outcomes to the State's foreign language standards, if such State standards exist. ``(f) Federal Share.--(1) The Federal share for each fiscal year of a program under this section shall be not more than 50 percent. ``(2) The Secretary may waive the requirement of paragraph (1) for any local educational agency that the Secretary determines does not have adequate resources to pay the non-Federal share of the cost of the activities assisted under this section. ``(g) Authorization of Appropriations.--(1) For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years. ``(2) For any fiscal year, the Secretary may reserve up to five percent of the amount appropriated under paragraph (1) to-- ``(A) conduct independent evaluations of the activities assisted under this section; ``(B) provide technical assistance to recipients of awards under this section; and ``(C) disseminate findings and methodologies from evaluations required by, or funded under, this section and other information obtained from such programs.''. national writing project Sec. 1012. Part K of title X of the ESEA is amended-- (1) in section 10991-- (A) in paragraph (15)-- (i) by striking ``154 regional sites'' and inserting in lieu thereof ``157 regional sites''; and (ii) by striking ``45 States'' and inserting in lieu thereof ``46 States''; (B) in paragraph (17) by adding ``and'' at the end thereof; (C) in paragraph (18) by striking out at the end thereof the semicolon and ``and'' and inserting in lieu thereof a period; and (D) by striking out paragraph (19); (2) in section 10992-- (A) by striking out subsection (e); (B) by amending subsection (g) to read as follows: ``(g) Evaluation.--The Secretary may conduct an independent evaluation, by grant or contract, of the program administered pursuant to this part.''; and (C) by amending subsection (i) to read as follows: ``(i) Authorization of Appropriations.--For the purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and each of the four succeeding fiscal years.''; and (3) by redesignating-- (A) part K, as amended by this section, as part J; and (B) section 10991 and section 10992 as section 10951 and section 10952, respectively. TITLE XI--GENERAL PROVISIONS, DEFINITIONS AND ACCOUNTABILITY definitions Sec. 1101. Part A of title XIV of the ESEA is amended-- (1) in section 14101-- (A) in paragraphs (5), (6), (7), and (8), by striking out ``section 14302'' and inserting in lieu thereof ``section 11502''; (B) by amending paragraph (10) to read as follows: ``(10) Covered program.--The term `covered program' means each of the programs authorized by-- ``(A) part A of title I, ``(B) part C of title I; ``(C) part A of title II; ``(D) subpart 1 of part D of title III; ``(E) part A of title IV (other than section 4115); ``(F) the Comprehensive School Reform Demonstration Program; and ``(G) title VI.''; (C) in paragraph (11)(B), by striking out ``and title VI''; (D) in paragraph (24), by striking out ``section 602(a)(17)'' and inserting in lieu thereof ``section 602(22)''; (E) by redesignating paragraphs (15) through (29) as paragraphs (16) through (30), respectively; and (F) by inserting after paragraph (14) a new paragraph (15) to read as follows: ``(15) Family literary services.--The term `family literacy services' means services provided to eligible participants on a voluntary basis that are of sufficient intensity, both in hours and duration, to make sustainable changes in a family, and that integrate all of the following activities: ``(A) Interactive literacy activities between parents and their children. ``(B) Training for parents on how to be the primary teachers for their children and full partners in the education of their children. ``(C) Parent literacy training that leads to economic self-sufficiency. ``(D) An age-appropriate education to prepare children for success in school and life experiences.''; and (2) in section 14102, by striking out ``Parts B, C, D, E, and F'' and inserting in lieu thereof ``Parts D, E, F, and G''. administrative funds Sec. 1102. Part B of title XIV of the ESEA is amended-- (1) in section 14201-- (A) by amending subsection (a)(2) to read as follows: ``(2) Applicability.--This section applies to-- ``(A) programs under title I and those programs described in subparagraphs (C), (D), and (E) of section 11101(10); ``(B) the Comprehensive School Reform Demonstration Program; ``(C) title VI; ``(D) the Carl D. Perkins Vocational and Technical Education Act of 1998; and ``(E) such other programs as the Secretary may designate.''; (B) by amending subsection (b)(2) to read as follows: ``(2) Additional uses.--A State educational agency may also use the funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under the programs included in the consolidation under subsection (a), such as-- ``(A) State-level activities designed to carry out this title, including part B; ``(B) the coordination of those programs with other Federal and non-Federal programs; ``(C) the establishment and operation of peer- review mechanisms under this Act; ``(D) collaborative activities with other State educational agencies to improve administration under this Act; ``(E) the dissemination of information regarding model programs and practices; ``(F) technical assistance under the programs specified in subsection (a)(2); ``(G) training personnel engaged in audit and other monitoring activities; and ``(H) implementation of the Cooperative Audit Resolution and Oversight Initiative.''; and (C) by striking out subsection (f); (2) in section 14203-- (A) in subsection (b), by striking out ``Improving America's Schools Act of 1994'' and inserting in lieu thereof ``Educational Excellence for All Children Act of 1999''; and (B) in subsection (d), by striking out ``the uses described in section 14201(b)(2)'' and inserting in lieu thereof ``for uses, at the school district and school levels, comparable to those described in section 11401(b)(2)''; (3) by repealing section 14204; (4) in section 14205(a)(2)(B)(i), by striking out ``National Education Goals'' and inserting in lieu thereof ``America's Education Goals''; and (5) in section 14206-- (A) by amending the section heading to read: ``most effective use of program funds.''; (B) by amending subsection (a) to read as follows: ``(a) Most Effective Use.--With the approval of its State educational agency, a local educational agency that determines for any fiscal year that funds under a covered program (other than part A of title I) would be more effective in helping all its students achieve the State's challenging standards if used under another covered program, may use those funds, not to exceed five percent of the local educational agency's total allotment for that fiscal year, to carry out programs and activities under that other covered program.''; and (C) in subsection (b), by striking out ``title XI of this Act'' and inserting in lieu thereof ``part I of this title''. coordination of programs Sec. 1103. Part C of title XIV of the Act is amended-- (1) in the heading thereof, by striking out ``and applications''; (2) by amending section 14302 to read as follows: ``optional consolidated state plans ``Sec. 14302. (a) General.-- (1) Purpose and authority.--In order to promote continuing, standards-based education reform, encourage the integration and coordination of resources, and simplify application requirements and reduce burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which a State educational agency may submit a consolidated State plan meeting the requirements of this section for any or all of-- ``(A) the covered programs in which the State participates; and ``(B) the additional programs described in paragraph (2). ``(2) Additional programs.--A State educational agency may also include in its consolidated State plan-- ``(A) the Even Start program under part B of title I; ``(B) the State Agency Programs for Children and Youth Who Are Neglected or Delinquent under part D of title I; ``(C) programs under part A of title II of the Carl D. Perkins Vocational and Technical Education Act of 1998; and ``(D) such other programs as the Secretary may designate. ``(3) State development and submission.--(A) A State educational agency desiring to receive a grant under two or more of the programs to which this section applies may submit a consolidated State plan for those programs that satisfies the procedures and criteria established under this section. ``(B) A State educational agency that submits a consolidated State plan shall not be required to submit separate State plans or applications for the programs included in the consolidated State plan. ``(C) A State educational agency that submits a consolidated State plan shall comply with all the requirements applicable to the programs in the consolidated State plan as if it had submitted separate State plans. ``(4) Consolidated state plans.--A State educational agency that desires to receive funds under a program to which this section applies for the fiscal year 2001 and the succeeding four fiscal years shall submit to the Secretary a new consolidated plan that meets the requirements of this section within the time specified by the Secretary. ``(b) Plan Contents.-- ``(1) Collaborative process.--(A) In establishing criteria and procedures under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit agencies, organizations, and institutions, private schools, and representatives of parents, students, and teachers. ``(B)(i) Through the collaborative process described in paragraph (1), the Secretary shall establish, for each program under the Act to which this section applies, the descriptions and information that must be included in a consolidated State plan. ``(ii) In carrying out clause (i), the Secretary shall ensure that a consolidated State plan contains, for each program included in the plan, the descriptions and information needed to ensure proper and effective administration of that program in accordance with its purposes. ``(2) Integration and coordination of resources.--In its consolidated plan under this section, a State educational agency shall describe how-- ``(A) funds under the programs included in the plan will be integrated to best serve the students and teachers intended to benefit from those programs; and ``(B) those programs will be coordinated at the State, school district, and school levels with-- ``(i) other covered programs not included in the plan; and ``(ii) related programs, such as programs under the Reading Excellence Act under part E of title I, the 21st Century Community Learning Centers program and the High School Reform program under parts G and H of title X, respectively, and the Teacher Quality Enhancement Programs, and the Gaining Early Awareness and Readiness for Undergraduate Programs under title II and chapter 2 of subpart 2 of part A of title IV, of the Higher Education Act of 1965, respectively. ``(c) Indicators.--In order to evaluate its performance under its consolidated State plan, a State educational agency shall include in its plan-- ``(1) any information required by the Secretary under section 11912 regarding performance indicators, benchmarks, and targets; and ``(2) any other indicators or measures the State determines are appropriate for evaluating its performance under its consolidated State plan. ``(d) Monitoring and Data Integrity.--A State educational agency shall include in its consolidated State plan a description of the strategies it will use to meet the requirements of section 11503(a)(4) and (5). ``(e) Peer Review and Secretarial Approval.--(1) The Secretary shall-- ``(A) establish a peer-review process to assist in the review, and provide recommendations for the revision, of consolidated State plans under this section; and ``(B) to the extent practicable, appoint individuals to the peer-review process who-- ``(i) are knowledgeable about the programs, and the populations they serve, included in the plans; ``(ii) are representative of State educational agencies, local educational agencies, teachers, and parents of students served under those programs; and ``(iii) have expertise on educational standards, assessments, and accountability. ``(2)(A) Following such peer review, the Secretary shall approve a consolidated State plan if the Secretary determines that the plan meets the requirements of this section. ``(B) The Secretary may accompany such approval with one or more conditions that the State educational agency shall meet. ``(3) If the Secretary determines that the plan does not meet the requirements of this section, the Secretary shall notify the State of that determination and the reasons for it. ``(4) The Secretary shall not finally disapprove a consolidated State plan before-- ``(A) offering the State an opportunity to revise its plan; ``(B) providing technical assistance to assist the State to meet the requirements; and ``(C) providing a hearing. ``(f) Revision and Amendment.--A State educational agency shall periodically review its consolidated State plan to ensure that it accurately reflects its strategies and activities under the programs covered by the plan. If the State educational agency makes significant changes to its strategies and activities, it shall submit an amendment to its plan to the Secretary for approval in accordance with this section.''; (3) in section 14303(a)-- (A) in the matter before paragraph (1)-- (i) by striking out ``or consolidated State application''; and (ii) by striking out ``section 14302'' and inserting in lieu thereof ``section 11502''; (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (9), respectively; and (C) by inserting after paragraph (3) the following new paragraphs: ``(4) the State will monitor performance by local educational agencies to ensure compliance with the requirements of this Act and-- ``(A) maintain proper documentation of monitoring activities; ``(B) provide technical assistance when appropriate and undertake enforcement activities when needed; and ``(C) systematically analyze the results of audits and other monitoring activities to identify trends in funding and to develop strategies to correct problems; ``(5) the data used by the State to measure its performance (and that of its local educational agencies) under this Act are complete, reliable, and accurate, or, if not, that the State will take such steps as are necessary to make those data complete, reliable, and accurate.''; (4) by repealing section 14304; (5) by amending section 14305 to read as follows: ``consolidated local plans ``Sec. 14305. (a) General Authority.--A local educational agency receiving funds under more than one covered program may submit plans to the State educational agency under such programs on a consolidated basis. ``(b) Consolidated Plans.--A State educational agency that has an approved consolidated State plan under section 11502 may require local educational agencies that receive funds under more than one program included in the consolidated State plan to submit consolidated local plans for such programs. ``(c) Collaboration.--A State educational agency shall collaborate with local educational agencies in the State in establishing criteria and procedures for the submission of the consolidated local plans under this section. ``(d) Contents.--For each program under this Act that may be included in a plan under this section, the Secretary may designate the descriptions and information that must be included in a local consolidated plan, to ensure that each such program is administered in a proper and effective manner in accordance with its purposes.''; (6) in section 14306, by striking out ``section 14304'' and inserting in lieu thereof ``section 11504''; (7) by repealing section 14307; and (8) by adding at the end thereof a new section to read as follows: ``consolidated reporting ``Sec. 14307. In order to encourage integration and coordination of resources, simplify reporting requirements, and reduce reporting burden, the Secretary shall establish procedures and criteria under which a State educational agency must submit a consolidated State annual performance report. Such a report shall contain information about the programs included in the report, including the State's performance under those programs, and other matters, as the Secretary determines, such as information regarding monitoring activities under part I and section 11503(a)(4). Such a report shall take the place of individual annual performance reports for the programs subject to it.''. waivers Sec. 1104. Part D of title XIV of the Act is amended-- (1) in section 14401(a), by inserting a comma and ``the Carl D. Perkins Vocational and Technical Education Act of 1998, or subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act'' immediately after ``requirement of this Act''; (2) in section 14401(b), by amending paragraph (1) to read as follows: ``(1) In general.--A State educational agency, local educational agency, or Indian tribe that desires a waiver shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall-- ``(A) identify each Federal program affected and the statutory or regulatory requirement requested to be waived; ``(B) describe the purpose and expected results of waiving each such requirement; ``(C) describe for each school year specific, measurable, educational goals for the State educational agency and for each local educational agency, Indian tribe, or school that would be affected by the waiver; and ``(D) explain why the waiver would assist the State educational agency and each affected local educational agency, Indian tribe, or school in reaching those goals.''; (3) in section 14401(c)-- (A) in paragraph (8) by-- (i) striking out ``part C of title X'' and inserting in lieu thereof ``part B of title V''; and (ii) by striking out ``or'' at the end thereof; (B) in paragraph (9)-- (i) by striking out ``section 14502'' and ``section 14507'' and inserting in lieu thereof ``section 11702'' and ``section 11707'', respectively; and (ii) at the end thereof, by striking out the period and inserting in lieu thereof a semi-colon and ``and''; and (C) by adding at the end thereof a new paragraph to read as follows: ``(10) health and safety.''; and (4) in section 14401(e)(4), by-- (A) striking out ``fiscal year 1997'' and inserting in lieu thereof ``fiscal year 2001''; and (B) striking out ``the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate'' and inserting in lieu thereof ``the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate''. uniform provisions Sec. 1105. Part E of title XIV of the Act is amended-- (1) in section 14501(a), by inserting ``(except part C of title I)'' immediately after ``covered program''; (2) in section 14503-- (A) in subsection (a)(1), by inserting ``that address their needs'' immediately before the period; (B) by amending subsection (b)(1) to read as follows: ``(1) In general.--This section applies to programs under-- ``(A) part C of title I; ``(B) part E of title I; ``(C) subpart 2 of part A of title II; ``(D) title III; ``(E) part A of title IV, other than section 4115; and ``(F) part A of title VII.''; and (C) in subsection (c)-- (i) in paragraph (1)-- (I) in subparagraph (C), by striking out ``and'' at the end thereof; (II) in subparagraph (D), by striking out the period and inserting a semi-colon; and (III) by adding at the end thereof the following new subparagraphs: ``(E) to the extent applicable, the amount of funds received by such agency that are attributable to private school children; and ``(F) how and when such agency will make decisions about the delivery of services to these children.''; and (ii) by amending paragraph (2) to read as follows: ``(2) Timing.--Such consultation shall include meetings of agency and private school officials, shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children, teachers, or other educational personnel to participate in programs under this Act, and shall continue throughout the implementation and assessment of activities under this section.''; (3) in section 14504, by striking out ``section 14503'' and ``sections 14503, 14505, and 14506'' and inserting in lieu thereof ``section 11703'' and ``sections 11703, 11705, and 11706'', respectively; (4) in section 14506-- (A) in subsection (a)(1)(A), by striking out ``section 14504'' and inserting in lieu thereof ``section 11704''; (B) in subsection (b), by striking out ``section 14503'' and inserting in lieu thereof ``section 11703''; and (C) in subsection (d), by striking out ``Improving America's Schools Act of 1994'' and inserting in lieu thereof ``Educational Excellence for All Children Act of 1999''; and (5) by repealing section 14513 and section 14514. repeal Sec. 1106. Part F of title XIV of the Act is repealed. evaluation and indicators Sec. 1107. Part G of title XIV of the Act is amended-- (1) by amending the heading thereof to read as follows: ``Evaluation and Indicators''; (2) in section 14701-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (II) by inserting the following new subparagraph (B): ``(B) conduct evaluations that carry out the purposes of the Government Performance and Results Act of 1993 with respect to programs under this Act;''; (III) in subparagraph (C), as redesignated by clause (i), by striking out ``and'' at the end thereof; (IV) in subparagraph (D), as redesignated by clause (i), by striking out the period and inserting in lieu thereof a semi-colon and ``and''; and (V) by adding at the end thereof the following new subparagraph (E): ``(E) to work in partnership with the States to develop information relating to program performance that can be used to help achieve continuous program improvement at the State, school district, and school levels.''; (B) by striking out subsections (b) and (c); and (C) by inserting after subsection (a) the following new subsections: ``(b) National Evaluation.--The Secretary shall use funds reserved under subsection (a) to conduct independent studies of programs under this Act and the effectiveness of those programs in achieving their purposes, to determine whether those programs (or the administration of those programs) are-- ``(1) contributing to improved student academic performance; ``(2) supporting the development of challenging standards and aligned assessments that guide other elements of school reform, including teacher certification, curriculum frameworks, instruction, and professional development; ``(3) assisting efforts in schools and classrooms to improve teaching and the climate for learning, particularly in high-poverty schools, including efforts related to technology, professional development, school violence and drug prevention, and public school choice; ``(4) promoting flexibility with accountability; ``(5) supporting efforts to strengthen family and community involvement in education; ``(6) targeting their resources effectively; ``(7) contributing to reform efforts and continuous improvement; and ``(8) achieving other goals consistent with the purposes of this Act. ``(c) Independent Panel.--The Secretary shall establish an independent panel to review studies under subsection (b) to advise the Secretary on their progress, and to comment, if the panel chooses, on the final report described in subsection (d). ``(d) Reports.--The Secretary shall submit an interim report on the evaluation described in subsection (b) within three years of enactment of the Educational Excellence for All Children Act of 1999 and a final report within four years of its enactment to the Committee on Education and the Workforce of the House of Representatives and to the Committee on Health, Education, Labor and Pensions of the Senate. ``(e) Partnerships To Strengthen Performance Information for Improvement.--The Secretary may provide technical assistance to recipients of assistance under this Act in order to strengthen the collection and assessment of information relating to program performance and quality assurance at the State and local levels. Such technical assistance shall be designed to promote the development, measurement, use, and reporting of data on valid, reliable, timely, and consistent performance indicators, within and across programs, and may include one-time grants, from funds reserved under subsection (a), to recipients to develop their data systems with the goal of helping recipients make continuous program improvement.''; and (3) by adding at the end thereof the following new section: ``performance measures ``Sec. 14702. (a) In General.--The Secretary is authorized to establish performance indicators, benchmarks, and targets for each program under this Act and subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act, to assist in measuring program performance. Indicators, benchmarks, and targets under this section shall be consistent with the Government Performance and Results Act of 1993 (and strategic plans adopted by the Secretary under that Act) and section 11501. ``(b) Collaboration.--The Secretary shall collaborate with State educational agencies, local educational agencies, and other recipients under this Act in establishing performance indicators, benchmarks, and targets under this section. ``(c) Plans and Applications.--The Secretary may require any applicant for funds under this Act or subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act to-- ``(1) include in its plan or application information relating to how it will use performance indicators, benchmarks, and targets under this section to improve its program performance; and ``(2) report data relating to such performance indicators, benchmarks, and targets to the Secretary.''. coordinated services Sec. 1108. (a) Repeals and Redesignations.--The ESEA is further amended by-- (1) repealing sections 11003 and 11007; and (2) redesignating-- (A) title XI of the ESEA as part I of title XI of the ESEA; and (B) sections 11001, 11002, 11004, 11005, and 11006 as sections 11901, 11902, 11903, 11904, and 11905, respectively. (b) Miscellaneous.--Part I of title XI of the ESEA, as redesignated by subsection (a)(2), is amended-- (1) by amending section 11903, as redesignated by subsection (a)(2)(B), to read as follows: ``project development and implementation ``Sec. 11903. (a) Applications.--Each eligible entity desiring to use funds made available under section 11405(b) shall submit an application to the appropriate State educational agency at such time, in such manner, and accompanied by such information as that agency may reasonably require. ``(b) Project Activities.--An eligible entity that wishes to conduct a coordinated services project shall-- ``(1) maintain on file-- ``(i) the results of its assessment of the economic, social, and health barriers to educational achievement experienced by children and families, including foster children and their foster families, in the community, and of the local, State, Federal, and privately funded services available to meet those needs; ``(ii) a description of the entities operating the coordinated services project; ``(iii) a description of its coordinated services project, the objectives of that project, where the project will be located, the community-wide partnership that will link public and private agencies providing services to children and their families, the staff that will be used to carry out the project, and how the project will meet the requirements in this part; and ``(iv) an annual budget that indicates the sources and amounts of funds under this Act that will be used for the project, consistent with section 11405(b), and the purposes, by budget category, for which those funds will be used; ``(2) evaluate annually the success of the coordinated services project under this section in meeting its goals and objectives; ``(3) train teachers and appropriate personnel on the purposes, activities, and services of the coordinated services project, and how children and families may obtain those activities and services; and ``(4) ensure that the coordinated services project addresses the health and welfare needs of migratory families. ``(c) Special Rule.--A State educational agency need not require eligible entities to submit an application under subsection (a) in order to permit them to carry out coordinated services projects under this section.''; (2) in section 11904(a)-- (A) in paragraph (1), by striking out ``section 14206(b)'' and ``section 11004(b)(1)'' and inserting in lieu thereof ``section 11405(b) for a coordinated services project'' and ``section 11903(b)(1)(i)'', respectively; and (B) in paragraph (2), by striking out ``section 14206(b)'' and inserting in lieu thereof ``section 11405(b)''; and (3) in section 11905-- (A) by striking out ``Secretary'' each place it appears and inserting in lieu thereof ``State educational agency''; and (B) by striking out ``section 14206(b)'' and inserting in lieu thereof ``section 11405(b)''. redesignations Sec. 1109. Title XIV of the ESEA is further amended-- (1) by redesignating such title as title XI; (2) by redesignating sections 14101, 14102, and 14103 as sections 11101, 11102, and 11103, respectively; (3) by redesignating-- (A) part B as part D; and (B) sections 14201, 14202, 14203, 14205, and 14206 as sections 11401, 11402, 11403, 11404, and 11405, respectively; (4) by redesignating-- (A) part C as part E; and (B) sections 14301, 14302, 14303, 14305, 14306, and 14307 as sections 11501, 11502, 11503, 11504, 11505, and 11506, respectively; (5) by redesignating-- (A) part D as part F; and (B) section 14401 as section 11601; (6) by redesignating-- (A) part E as part H; and (B) sections 14501, 14502, 14503, 14504, 14505, 14506, 14507, 14508, 14509, 14510, 14511, and 14512 as sections 11801, 11802, 11803, 11804, 11805, 11806, 11807, 11808, 11809, 11810, 11811, and 11812, respectively; (7) by redesignating-- (A) part G as part J; and (B) sections 14701 and 14702 as sections 11911 and 11912, respectively; and (8) by redesignating-- (A) part H as part K and (B) sections 14801 and 14802 as sections 11921 and 11922, respectively. ed-flex partnerships Sec. 1110. (a) In General.--The Education Flexibility Partnership Act of 1999 (P.L. 106-25) is amended-- (1) by striking out everything before section 1; (2) in section 1, by-- (A) striking out ``Act'' and inserting in lieu thereof ``part''; and (B) striking out ``of 1999''; (3) in section (2), by-- (A) striking out paragraph (5); (B) redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and (C) in paragraph (5), as redesignated by subparagraph (B), by-- (i) striking out ``Expansion of waiver authority will allow for the waiver of'' and inserting ``States should be allowed to waive''; and (ii) striking out the comma after ``affected programs'' and everything that follows through ``and maintaining'' and inserting ``and maintaining''; (4) by amending section 3 to read as follows: ``definitions ``Sec. 3. As used in this part, the terms `eligible school attendance area' and `school attendance area' have the meanings given those terms in section 1113(a)(2) of this Act.''; (5) in section 4-- (A) in subsection (a)-- (i) in paragraph (2)-- (I) in the matter before subparagraph (A), by inserting a comma after ``section''; (II) by amending subparagraph (A) to read as follows: ``(A) has an approved educational accountability plan under section 11208 of this Act and is making satisfactory progress, as determined by the Secretary, in implementing its policies under sections 11204 and 11205 of this Act;''; and (III) by amending subparagraph (B) to read as follows: ``(B) has developed and implemented challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of this Act; and''; (ii) in paragraph (3)(B)-- (I) in the matter before clause (i), by striking out ``such application'' and inserting ``it''; and (II) in clause (iv)(I), by striking out ``have the ability to'' and inserting ``can''; (iii) in paragraph (4)(A)-- (I) in the matter before clause (i), by inserting a comma immediately after ``paragraph (1)(A)'' and immediately after ``regulatory requirement'', the second time that phrase appears, respectively; and (II) in clause (iv), by striking out ``why'' and inserting ``how''; (iv) in paragraph (5)-- (I) in subparagraph (B)(ii), by striking out ``each such State'' and inserting in lieu thereof ``it''; and (II) in subparagraph (C), by striking out ``2 years after the date of the enactment of this Act'' and inserting ``May 1, 2001''; (v) in paragraph (6), by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary shall not approve the application of a State educational agency under paragraph (3) for a period exceeding 5 years, except that the Secretary may, in accordance with subparagraph (C), extend that period if the Secretary determines that-- ``(i) the State educational agency's authority to grant waivers has been effective in enabling that State or affected local educational agencies or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(B); and ``(ii) the State has made significant statewide gains in student achievement and in closing the achievement gap between low- and high-performing students.''; and (vi) in paragraph (7), by striking out ``1999'' and inserting ``2000''; (B) by amending subsection (b) to read as follows: ``(b) Included Programs.--The statutory and regulatory requirements referred to in subsection (a)(1)(A) are any requirements for programs carried out under the following provisions: ``(1) Title I of this Act (other than subsection (a) and (c) of section 1116). ``(2) Part A of title II of this Act. ``(3) Subpart 1 of part D of title III of this Act. ``(4) Part A of title IV of this Act. ``(5) Title VI of this Act. ``(6) Part B of title VII of this Act. ``(7) The Carl D. Perkins Vocational and Technical Education Act of 1998. ``(8) Subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act.''; (C) in subsection (c)-- (i) in subparagraph (G), by striking out ``such Act'' and inserting ``this Act''; (ii) by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively; and (iii) by inserting a new subparagraph (H) to read as follows: ``(H) the eligibility of a school for a schoolwide program under section 1114 of this Act, except that a State educational agency may grant a waiver to allow a local educational agency to conduct a schoolwide program in a school that serves an attendance area in which not less than 40 percent of the children are from low-income families or in which not less than 40 percent of the children enrolled are from such families;''; (D) in subsection (d)-- (i) in paragraph (1), by striking out ``the waiver authority'' and inserting ``that waiver authority''; and (ii) in paragraph (4), by-- (I) striking out ``date of the enactment of this Act'' and inserting ``effective date of this part''; and (II) striking out ``subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act)'' and inserting ``subpart 1 of part D of title III of this Act''; and (E) at the end thereof, by adding a new subsection (f) to read as follows: ``(f) Transition.--Waivers granted under applicable ED-Flex authority prior to the effective date of this part shall remain in effect in accordance with the terms and conditions that applied to those waivers when they were granted. Waivers granted on or after the effective date of this part shall be subject to the provisions of this part.''; (6) by striking out ``the Elementary and Secondary Education Act of 1965'' each place it appears and inserting ``this Act''; and (7) by repealing sections 5 and 6. (b) Redesignations.--Title XI of the ESEA is further amended-- (1) by redesignating the Education Flexibility Partnership Act, as amended by subsection (a), as part G of title XI; and (2) by redesignating sections 1, 2, 3, and 4 as sections 11701, 11702, 11703, and 11704, respectively. accountability Sec. 1111. Title XI of the ESEA, as redesignated by section 1109, is further amended by inserting a new part B to read as follows: ``Part B--Improving Education Through Accountability ``short title ``Sec. 11201. This part may be cited as the ``Education Accountability Act of 1999''. ``purpose ``Sec. 11202. It is the purpose of this part to improve academic achievement for all children, assist in meeting America's Education Goals under section 3 of this Act, promote the incorporation of challenging State academic content and student performance standards into classroom practice, enhance the accountability of State and local officials for student progress, and improve the effectiveness of programs under this Act and the educational opportunities of the students that they serve. ``turning around failing schools ``Sec. 11203. Consistent with section 1111(b)(3)(B) of this Act, a State that receives assistance under this Act shall develop and implement a statewide system for holding its local educational agencies and schools accountable for student performance that includes-- ``(1) a procedure for identifying local educational agencies and schools in need of improvement; ``(2) intervening in those agencies and schools to improve teaching and learning; and ``(3) implementing corrective actions, if those interventions are not effective. ``student progress and promotion policy ``Sec. 11204. (a) In General.--(1) A State that receives assistance under this Act shall, at the time it submits its accountability plan under section 11208, have in effect a State policy that is designed to-- ``(A) ensure that students progress through school on a timely basis, having mastered the challenging material needed for them to reach high standards of performance; and ``(B) end the practices of social promotion and retention. ``(2) As used in this part, the term-- ``(A) `social promotion' means the unsound educational practice of promoting students who have not demonstrated mastery of challenging State academic standards without affording those students continuing intensive and comprehensive interventions by educational authorities to enable them to master such standards; and ``(B) `retention' means the unsound educational practice of requiring students who have not demonstrated mastery of challenging academic standards to repeat a grade or part of a grade rather than placing such students in age-appropriate settings and affording them continuing intensive and comprehensive interventions by educational authorities to enable them to master such standards. ``(b) Policy.--In order to ensure that students will progress through school and graduate having mastered the challenging material needed for them to meet high standards of performance, a State policy under subsection (a) shall-- ``(1) require-- ``(A) its local educational agencies to implement continuing, intensive and comprehensive educational interventions as may be necessary to ensure that all students can meet the challenging academic performance standards required under section 1111(b)(1)(A) of this Act; and ``(B) whatever steps are necessary by States, local educational agencies, parents and students to ensure that all students will meet the challenging academic performance standards required under section 1111(b)(1)(A) at three key transition points as determined by the state, consistent with section 1111(b)(2)(D) so that students will progress through school and graduate having mastered the challenging material needed for them to meet high standards of performance. ``(2) require the State educational agency to determine, through the collection of appropriate data, whether local educational agencies and schools are ending the practices of social promotion and retention; ``(3) require its local educational agencies to provide to all students educational opportunities in classrooms with qualified teachers who use proven instructional practices that are aligned with the State's challenging standards and who are supported by high-quality professional development; ``(4) require its local educational agencies to use effective, research-based prevention and early intervention strategies to identify and support students who need additional help to meet those promotion standards; ``(5) provide, with respect to students who have not demonstrated mastery of challenging State academic standards on a timely basis-- ``(A) for continuing, intensive, and age- appropriate interventions, including extended instruction and learning time, such as after-school and summer programs that are designed to help students master such material; ``(B) for other specific interventions, with appropriate instructional strategies, to enable students with limited English proficiency and students with disabilities to master such material; ``(C) for the identification of the knowledge and skills in particular subject areas that students have not mastered, in order to facilitate remediation in those areas; ``(D) for the development, by schools, of plans to provide individualized attention to students who have not mastered such material; ``(E) for full communication between the school and parents, including a description and analysis of the students' performance, how it will be improved, and how parents will be involved in the process; and ``(F) in cases in which significant numbers of students have failed to master such material, for a State review of whether corrective action under section 1116 of this Act with respect to the school or local educational agency is needed; ``(6) require its local educational agencies to disseminate widely their policies under this subsection in language and in a format that is concise and that parents can understand; and ``(7) ensure that any assessments used by a State, local educational agency, or school for the purpose of implementing a policy under this subsection-- ``(A) are aligned with the State's challenging content and performance standards and provide coherent information about student progress towards attainment of those standards; ``(B) include multiple measures, including teacher evaluations, no one of which may be assigned determinative weight in making adverse decisions about individual students; ``(C) offer multiple opportunities for students to demonstrate that they meet the standards; ``(D) are valid and reliable for the purposes for which they are used and must fairly and accurately measure what students have been taught; ``(E) provide reasonable adaptations and accommodations for students with disabilities and students with limited English proficiency; ``(F) provide that students with limited English proficiency are assessed, to the greatest extent practicable, in the language and form most likely to yield accurate and reliable information about what those students know and can do; and ``(G) provide that Spanish-speaking students with limited English proficiency are assessed using tests written in Spanish, if Spanish-language assessments are more likely than English-language tests to yield accurate and reliable information on what those students know and can do. ``(c) Plan Content.--A State shall include in its accountability plan under section 11208 a detailed description of-- ``(1) its policy under subsection (b), in accordance with paragraph (2); ``(2) the strategies and steps (including timelines and performance indicators) that the State will take to ensure that its policy is fully implemented no later than four years from the date of the approval of its accountability plan; and ``(3) the steps that the State will take to ensure that the policy is disseminated to all local educational agencies and schools in the State and to the general public. ``ensuring teacher quality ``Sec. 11205. (a) In General.--A State that receives assistance under this Act shall, at the time it submits its accountability plan under section 11208, have in effect a policy that-- ``(1) is designed to ensure that there are qualified teachers in every classroom in the State; and ``(2) meets the requirements of this section. ``(b) Policy.--A policy to ensure teacher quality under this section shall include the strategies that the State will carry out to ensure that, within four years from the date of the approval of its accountability plan-- ``(1) not less than 95 percent of the teachers in public schools in the State are certified or-- ``(A) have a baccalaureate degree and are enrolled in a program, such as an alternative certification program, leading to full certification in their field within three years; or ``(B) have full certification in another State and are establishing certification where they are teaching; ``(2) not less than 95 percent of the teachers in public secondary schools in the State have academic training or demonstrated competence in the subject area in which they teach; ``(3) there is no disproportionate concentration in particular school districts of teachers who are not described in paragraphs (1) or (2); and ``(4) its certification process for new teachers includes an assessment of content knowledge and teaching skills that is aligned with State standards. ``(c) Plan Content.--(1) A State shall include in its accountability plan under section 11208 the performance indicators by which it will annually measure its progress in-- ``(A) decreasing the percentage of teachers in the State teaching without full licenses or credentials; and ``(B) increasing the percentage of secondary school classes in core academic subject areas taught by teachers who-- ``(i) have a postsecondary-level academic major or minor in the subject area they teach or a related field; or ``(ii) otherwise demonstrate a high level of competence through rigorous tests in their academic subject. ``(2) In its accountability plan under section 11208, a State shall assure that, in carrying out this policy, it will not decrease the rigor or quality of its teacher certification standards. ``sound discipline policy ``Sec. 11206. (a) In General.--A State that receives assistance under this Act shall, at the time it submits its accountability plan under section 11208, have in effect a policy that requires its local educational agencies and schools to have in place and implement sound and equitable discipline policies, in order to ensure a safe, orderly, and drug-free learning environment in every school. ``(b) Policy.--A State discipline policy under this section shall require local educational agencies and schools to have in place and implement disciplinary policies that-- ``(1) focus on prevention and are coordinated with prevention strategies and programs under title IV of this Act; ``(2) apply to all students and are enforced consistently and equitably; ``(3) are clear and understandable; ``(4) are developed with the participation of school staff, students, and parents; ``(5) are broadly disseminated; ``(6) ensure that due process is provided; ``(7) are consistent with applicable Federal, State and local laws, including the Individuals With Disabilities Education Act; ``(8) ensure that teachers are adequately trained to manage their classrooms effectively; and ``(9) in case of students who are suspended or expelled from school, provide for appropriate supervision, counseling, and educational services that will help those students continue to meet the State's challenging standards. ``(c) Plan Content.--A State shall include in its accountability plan under section 11208 an assurance that it has in effect a policy that meets the requirements of this section. ``education report cards ``Sec. 11207. (a) In General.--(1) A State that receives assistance under this Act shall, at the time it submits its accountability plan under section 11208, have in effect a policy that requires the development and dissemination of annual report cards, regarding the status of education and educational progress in the State and in its local educational agencies and schools, that meet the requirements of this section. ``(2) Report cards under this section shall-- ``(A) be concise; ``(B) be disseminated in a format and manner that parents can understand; and ``(C) focus on educational results. ``(b) Content of State-Level Report Card.--(1) The State shall, at a minimum, include in the annual State-level report card information regarding-- ``(A) student performance on statewide assessments, set forth on an aggregated basis, in both reading (or language arts) and mathematics, as well as any other subject area for which the State requires assessments; ``(B) attendance and graduation rates in the public schools of the State; ``(C) average class size in each of the school districts in the State; ``(D) school safety, including the incidence of school violence and drug and alcohol abuse and the number of instances in which a student has possessed a firearm at school, subject to the Gun-Free Schools Act; and ``(E) the professional qualifications of teachers in the State, including the number of teachers teaching with emergency credentials and the number of teachers teaching out of their field of expertise. ``(2) Student achievement data in the report card shall contain statistically sound, disaggregated results for the following categories: ``(A) Gender. ``(B) Racial and ethnic group. ``(C) Migrant status. ``(D) Students with disabilities, as compared to students who are not disabled. ``(E) Economically disadvantaged students, as compared to students who are not economically disadvantaged. ``(F) Students with limited English proficiency, as compared to students who are proficient in English. ``(3) A State may include in such report cards any other information it determines appropriate to reflect school quality and student achievement, such as information on-- ``(A) longitudinal achievement scores from the National Assessment of Educational Progress or State assessments; ``(B) parent involvement, as determined by such measures as the extent of parental participation in school parental involvement activities; ``(C) participation in extended learning time programs, such as after-school and summer programs; and ``(D) the performance of students in meeting physical education goals. ``(c) Content of Local Educational Agency and School Report Cards.--(1) The State shall ensure that each local educational agency and each school in the State includes in its annual report card, at a minimum-- ``(A) the information described in subsections (b)(1) and (b)(2); and ``(B)(i) in the case of a local educational agency-- ``(I) the number of schools identified as low- performing schools, such as schools identified as in need of improvement under section 1116(c)(1) of this Act; and ``(II) information that shows how students in its schools performed on statewide assessments compared to students in the rest of the State (including such comparisons over time, if the information is available); or ``(ii) in the case of a school-- ``(I) whether it has been identified as a low- performing school; and ``(II) information that shows how its students performed on statewide assessments compared to students in the rest of the local educational agency and the State (including such comparisons over time, if the information is available). ``(2) Local educational agencies and schools may include in their annual report cards the information described in subsection (b)(3) and any other appropriate information. ``(d) Dissemination and Accessibility of Report Cards.--(1) State- level report cards under subsection (b) shall be posted on the Internet, disseminated to all schools and local educational agencies in the State, and made broadly available to the public. ``(2) Local educational agency report cards under subsection (c) shall be disseminated to all schools in the school district and to all parents of students attending these schools, and made broadly available to the public, through such means as posting on the Internet. ``(3) School report cards under subsection (c) shall be disseminated to all parents of students attending that school and be made broadly available to the public, through such means as posting on the Internet. ``(e) Plan Content.--A State shall include in its accountability plan under section 11208 an assurance that it has in effect a policy that meets the requirements of this section. ``education accountability plans ``Sec. 11208. (a) In General.--Each State that receives assistance under this Act on or after July 1, 2000, shall have on file with the Secretary an approved accountability plan that meets the requirements of this section. ``(b) Content.--An accountability plan under subsection (a) shall include-- ``(1) a description of the State's system under section 11203; ``(2) a description of the steps the State will take to ensure that all local educational agencies have the capacity needed to ensure compliance with this part; ``(3) the information or assurances called for by sections 11204(c), 11205(c), 11206(c), and 11207(e); ``(4) information indicating that the Governor and the State educational agency concur with the plan; and ``(5) any other information that the Secretary may reasonably require to ensure the proper and effective administration of this part. ``(c) Reports.--(1) A State shall report annually to the Secretary, in such form and containing such information as the Secretary may require, on its progress in carrying out the requirements of this part, and shall include such report in its consolidated State performance report under section 11506. ``(2) In reporting on its progress in implementing its student progress and social promotion policy under section 11204, a State shall assess the effect of its policy, and its implementation, in improving academic achievement for all children and otherwise carrying out the purpose specified in section 11202. ``(d) Relationship to Consolidated Plan.--(1) If a State submits a consolidated State plan under section 11502, it shall include in that plan its accountability plan under this section. ``(2) If a State does not submit a consolidated State plan, it shall submit a separate accountability plan under this section to receive assistance under this Act. ``(e) Approval.--(1)(A) The Secretary shall approve an accountability plan under this section if the Secretary determines that it complies substantially with the requirements of this part. ``(B) The Secretary may accompany the approval of a plan with conditions that are consistent with the purpose of this part. ``(2) In reviewing accountability plans under this part, the Secretary shall employ the peer-review procedures under section 11502(e). ``(3) If a State does not submit a consolidated State plan under section 11502, the Secretary shall, in considering that State's separate accountability plan under this section, employ such procedures, comparable to those set forth in section 11502(e), as the Secretary may determine. ``authority of secretary to ensure accountability ``Sec. 11209. (a) Remedies for Substantial Failure.--If the Secretary determines that a State has failed substantially to carry out a requirement of this part or a provision in its approved accountability plan under section 11208, or that its performance has failed substantially to meet a performance indicator in such plan, the Secretary shall take, consistent with applicable due process procedures, one or more of the following steps to ensure that the purpose of this part is carried out promptly: ``(1) Providing, or arranging for the provision of, technical assistance to the State educational agency in question. ``(2) Requiring a plan for corrective action. ``(3) Suspending or terminating authority to grant waivers under applicable ED-Flex authority. ``(4) Suspending or terminating eligibility to participate in competitive programs under this Act. ``(5) Withholding, in whole or in part, State administrative funds available under this Act. ``(6) Withholding, in whole or in part, program funds available to such State under the Act. ``(7) Imposing one or more conditions upon the Secretary's approval of a State plan or application under this Act. ``(8) Taking other action authorized under part D of the General Education Provisions Act, such as a cease-and-desist order or compliance agreement. ``(9) Taking any other appropriate accountability step that is consistent with this Act, including referral to the Department of Justice for enforcement. ``(b) Effective Enforcement.--If remedial steps taken by the Secretary under subsection (a) fail to correct the State's non- compliance, the Secretary shall take one or more additional steps under subsection (a) to bring the State into compliance. ``recognition and rewards ``Sec. 11210. (a) In General.--If the Secretary determines that a State has demonstrated significant, statewide achievement gains in core subjects, as measured by the National Assessment of Educational Progress for three consecutive years, is closing the achievement gap between low- and high-performing students, and has in place strategies for continuous improvement, including improvement in reducing the practices of social promotion and retention, the Secretary shall, in light of all the circumstances, including the size of those gains, recognize and reward the State, as described under subsection (b). ``(b) Rewards.--The Secretary shall establish, through regulation, a system for recognizing and rewarding States described under subsection (a). Such rewards may include-- ``(1) conferring priority in competitive programs under this Act; ``(2) increased flexibility in administering programs under this Act, consistent with maintaining accountability; and ``(3) supplementary grants or administrative funds to carry out the purposes of this Act. ``(c) Authorization.--There are authorized to be appropriated for fiscal year 2001 and each of the four succeeding fiscal years, such sums as may be necessary to carry out subsection (b)(3). ``best practices and models ``Sec. 11211. In implementing this part, the Secretary shall, after consulting with State and local educational agencies and other agencies, institutions, and organizations with experience or information relevant to the purpose of this part, disseminate information about best practices, models, and other forms of technical assistance. ``construction ``Sec. 11212. Nothing in this part shall be construed as affecting home schooling or the application of the civil rights laws or the Individuals with Disabilities Education Act.''. america's education goals panel Sec. 1112. Title XI of the ESEA, as redesignated by section 1109, is further amended by adding a new part C to read as follows: ``Part C--America's Education Goals Panel ``purpose ``Sec. 11301. It is the purpose of this part to establish a bipartisan mechanism for-- ``(1) building a national consensus for education improvement; and ``(2) reporting on progress toward achieving America's Education Goals. ``america's education goals panel ``Sec. 11302. (a) Establishment.--There is established an America's Education Goals Panel (hereinafter in this part referred to as the `Goals Panel') to advise the President, the Secretary, and the Congress. ``(b) Composition.--The Goals Panel shall be composed of 18 members (hereinafter in this part referred to as `members'), including-- ``(1) 2 members appointed by the President; ``(2) 8 members who are Governors, 3 of whom shall be from the same political party as the President and 5 of whom shall not be from the same political party as the President, appointed by the Chairperson and Vice Chairperson of the National Governors' Association, with the Chairperson and Vice Chairperson each appointing representatives of such Chairperson's or Vice Chairperson's respective political party, in consultation with each other; ``(3) 4 Members of the Congress, of whom-- ``(A) 1 member shall be appointed by the Majority Leader of the Senate from among the Members of the Senate; ``(B) 1 member shall be appointed by the Minority Leader of the Senate from among the Members of the Senate; ``(C) 1 member shall be appointed by the Majority Leader of the House of Representatives from among the Members of the House of Representatives; and ``(D) 1 member shall be appointed by the Minority Leader of the House of Representatives from among the Members of the House of Representatives; and ``(4) 4 members of State legislatures appointed by the President of the National Conference of State Legislatures, of whom 2 shall be of the same political party as the President of the United States. ``(c) Special Appointment Rules.-- (1) In general.--The members appointed pursuant to subsection (b)(2) shall be appointed as follows: ``(A) If the Chairperson of the National Governors'' Association is from the same political party as the President, the Chairperson shall appoint 3 individuals and the Vice Chairperson of such association shall appoint 5 individuals. ``(B) If the Chairperson of the National Governors'' Association is not from the same political party as the President, the Chairperson shall appoint 5 individuals and the Vice Chairperson of such association shall appoint 3 individuals. ``(3) Representation.--To the extent feasible, the membership of the Goals Panel shall be geographically representative and reflect the racial, ethnic, and gender diversity of the United States. ``(d) Terms. The terms of service of members shall be as follows: ``(1) Presidential appointees.--Members appointed under subsection (b)(1) of this section shall serve at the pleasure of the President. ``(2) Governors.--Members appointed under paragraph (2) of subsection (b) of this section shall serve for 2-year terms, except that the initial appointments under such paragraph shall be made to ensure staggered terms with one-half of such members' terms concluding every 2 years. ``(3) Congressional appointees and state legislators.-- Members appointed under paragraphs (3) and (4) of subsection (b) shall serve for 2-year terms. ``(e) Vacancies.--A vacancy on the Goals Panel shall not affect its powers, but shall be filled in the same manner as the original appointment. ``(f) Travel.--Each member may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for each day the member is engaged in the performance of duties for the Goals Panel away from the home or regular place of business of the member. ``(g) Chairperson.-- (1) In general. Subject to paragraph (3), the members shall select a Chairperson from among themselves. ``(2) Term.--The Chairperson of the Goals Panel shall serve a 1-year term. ``(3) Political affiliation. The duties of the Chairperson shall alternate between political parties. ``(h) Conflict of Interest. A member of the Goals Panel who is an elected official of a State that has developed content or student performance standards may not participate in Goals Panel consideration of that State's standards. ``(i) Ex Officio Member.--If the President has not appointed the Secretary as 1 of the 2 members the President appoints pursuant to subsection (b)(1), then the Secretary shall serve as a nonvoting ex officio member of the Goals Panel. ``duties ``Sec. 11303. (a) In General.--The Goals Panel shall--``(1) report to the President, the Secretary, and the Congress regarding the progress the Nation and the States are making toward achieving America's Education Goals established under section 2 of this Act, including issuing an annual report; ``(2) report on promising or effective actions being taken at the national, State, and local levels, and in the public and private sectors, to achieve America's Education Goals; and ``(3) help build a nationwide, bipartisan consensus for the reforms necessary to achieve America's Education Goals. ``(b) Report.-- (1) In general. The Goals Panel shall annually prepare and submit to the President, the Secretary, the appropriate committees of Congress, and the Governor of each State a report that shall-- ``(A) report on the progress of the United States toward achieving America's Education Goals; and ``(B) identify actions that should be taken by Federal, State, and local governments to enhance progress toward achieving America's Education Goals and to provide all students with a fair opportunity to learn. ``(2) Form; data.--Reports under this subsection shall be presented in a form, and include data, that is understandable to parents and the general public. ``powers of the goals panel ``Sec. 11304. (a) Hearings.-- ``(1) In General.--The Goals Panel shall, for the purpose of carrying out this part, conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Goals Panel considers appropriate. ``(2) Representation.--In carrying out this part, the Goals Panel shall conduct hearings to receive reports, views, and analyses of a broad spectrum of experts and the public on the establishment of voluntary national content standards, voluntary national student performance standards, and State assessments. ``(b) Information.--The Goals Panel may secure directly from any department or agency of the United States information necessary to enable the Goals Panel to carry out this part. Upon request of the Chairperson of the Goals Panel, the head of a department or agency shall furnish such information to the Goals Panel to the extent permitted by law. ``(c) Postal Services.--The Goals Panel may use the United States mail in the same manner, and under the same conditions, as other departments and agencies of the United States. ``(d) Use of Facilities.--The Goals Panel may, with or without reimbursement, and with the consent of any agency or instrumentality of the United States, or of any State or political subdivision thereof, use the research, equipment, services, and facilities of such agency, instrumentality, State, or political subdivision, as the case may be. ``(e) Administrative Arrangements and Support.-- ``(1) In general.--The Secretary shall provide to the Goals Panel, on a reimbursable basis, such administrative support services as the Goals Panel may request. ``(2) Contracts and other arrangements.--The Secretary, to the extent appropriate, and on a reimbursable basis, shall make contracts and other arrangements that are requested by the Goals Panel to help it compile and analyze data or carry out other functions necessary to the performance of its responsibilities. ``(f) Gifts.--The Goals Panel may accept, administer, and utilize gifts or donations of services, money, or property, whether real or personal, tangible or intangible. ``administrative provisions ``Sec. 11305. (a) Meetings.--The Goals Panel shall meet on a regular basis, as necessary, at the call of the Chairperson of the Goals Panel or a majority of its members. ``(b) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. ``(c) Voting and Final Decisions.-- ``(1) Voting.--No individual may vote, or exercise any of the powers of a member, by proxy. ``(2) Final decisions.--(A) In making final decisions of the Goals Panel with respect to the exercise of its duties and powers, the Goals Panel shall operate on the principle of consensus among the members of the Goals Panel. ``(B) Except as otherwise provided in this part, if a vote of the membership of the Goals Panel is required to reach a final decision with respect to the exercise of its duties and powers, then such final decision shall be made by a three- fourths vote of the members of the Goals Panel who are present and voting. ``(d) Public Access.--The Goals Panel shall ensure public access to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) and make available to the public, at reasonable cost, transcripts of such proceedings. ``director and staff; experts and consultants ``Sec. 11306. (a) Director.--The Chairperson of the Goals Panel, without regard to the provisions of title 5 of the United States Code relating to the appointment and compensation of officers or employees of the United States, shall appoint a Director to be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule. ``(b) Appointment and Pay of Employees.-- ``(1) In general.--(A) The Director may appoint not more than 4 additional employees to serve as staff to the Goals Panel without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service. ``(B) The employees appointed under subparagraph (A) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but shall not be paid a rate that exceeds the maximum rate of basic pay payable for GS-15 of the General Schedule. ``(2) Additional employees.--The Director may appoint additional employees to serve as staff to the Goals Panel in accordance with title 5 of the United States Code. ``(c) Federal Employees.--Any individual appointed to serve as the Director of, or as staff to, the Goals Panel on or after March 31, 1994, is an `employee' within the definition of section 2105 of title 5, United States Code. ``(d) Experts and Consultants.--The Goals Panel may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5 of the United States Code. ``(e) Staff of Federal Agencies.--Upon the request of the Goals Panel, the head of any department or agency of the United States may detail any of the personnel of such agency to the Goals Panel to assist the Goals Panel in its duties under this part. ``authorization of appropriations ``Sec. 11307. For purposes of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2001 and for each of the four succeeding fiscal years.''. repeal Sec. 1113. Title XII of the ESEA is repealed. TITLE XII--AMENDMENTS TO OTHER LAWS; REPEALS Part A--Amendments to Other Laws amendments to the stewart b. mckinneyhomeless assistance act Sec. 1201. (a) Policy.--Section 721(3) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.; hereinafter referred to in this section as ``the Act'') is amended by striking out ``should not be'' and inserting in lieu thereof ``is not''. (b) Grants to States for State and Local Activities.--Section 722 of the Act is amended-- (1) in subsection (c)-- (A) in paragraph (2)(A)-- (i) by inserting ``and'' before ``the Commonwealth of''; and (ii) by striking out ``and Palau (until the effective date of the Compact of Free Association with the Government of Palau),''; and (B) in paragraph (3)-- (i) by inserting ``and'' before ``the Commonwealth of''; and (ii) by striking out ``, or Palau''; (2) in subsection (e), by adding at the end thereof the following new paragraph: ``(3) Prohibition on segregating homeless students.--In providing a free, appropriate public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child or youth, either in a separate school, or in a separate program within a school, based on such child or youth's status as homeless, except in accordance with section 723(a)(2)(B)(ii).''; (3) in subsection (f)-- (A) by striking out paragraph (1); (B) by amending paragraph (4) to read as follows: ``(4) collect and transmit to the Secretary, at such time and in such manner as the Secretary may require, such information as the Secretary deems necessary to assess the educational needs of homeless children and youth within the State;''; (C) by amending paragraph (6) to read as follows: ``(6) in order to improve the provision of comprehensive education and related services to homeless children and youth and their families, coordinate and collaborate with-- ``(A) educators, including child development and preschool program personnel; ``(B) providers of services to homeless and runaway children and youth and homeless families (including domestic violence agencies, shelter operators, transitional housing facilities, runaway and homeless youth centers, and transitional living programs for homeless youth); ``(C) local educational agency liaisons for homeless children and youth; and ``(D) community organizations and groups representing homeless children and youth and their families.''; and (D) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; and (4) in subsection (g)-- (A) by amending paragraph (1)(H) to read as follows: ``(H) contain assurances that-- ``(i) State and local educational agencies will adopt policies and practices to ensure that homeless children and youth are not segregated on the basis of their status as homeless or stigmatized; and ``(ii) local educational agencies in which homeless children and youth reside or attend school will-- ``(I) post public notice of the educational rights of such children and youth where such children and youth receive services under this Act (such as family shelters, and soup kitchens); and ``(II) designate an appropriate staff person, who may also be a coordinator for other Federal programs, as a liaison for homeless children and youth.''; (B) by amending paragraph (3)(B) to read as follows: ``(B) In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall-- ``(i) to the extent feasible, keep a homeless child or youth in his or her school of origin, except when doing so is contrary to the wishes of his or her parent or guardian; and ``(ii) provide a written explanation to the homeless child or youth's parent or guardian when the local educational agency sends such child or youth to a school other than the school of origin or a school requested by the parent or guardian.''; (C) by amending paragraph (6) to read as follows: ``(6) Coordination.--(A) Each local educational agency serving homeless children and youth that receives assistance under this subtitle shall coordinate the provision of services under this part with local services agencies and other agencies or programs providing services to homeless children and youth and their families, including services and programs funded under the Runaway and Homeless Youth Act. ``(B) Where applicable, each State and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzales National Affordable Housing Act to minimize educational disruption for children and youth who become homeless. ``(C) The coordination required in subparagraphs (A) and (B) shall be designed to-- ``(i) ensure that homeless children and youth have access to available education and related support services; and ``(ii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homeless children and youth.''; (D) in paragraph (7)(A)-- (i) in the matter before clause (i), by striking out ``local educational agency that receives assistance under this subtitle shall designate a homelessness liaison to ensure that'' and inserting in lieu thereof ``local liaison for homeless children and youth, designated pursuant to subsection (g)(1)(H)(ii)(II), shall ensure that''; (ii) by amending clause (i) to read as follows: ``(i) homeless children and youth enroll in, and have a full and equal opportunity to succeed in, schools of that agency;''; (iii) in clause (ii), by striking out the period at the end thereof and inserting in lieu thereof a semicolon and ``and''; (iv) by adding a new clause (iii) to read as follows: ``(iii) the parents or guardians of homeless children and youth are informed of the education and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children.''; and (v) by adding a new subparagraph (C) to read as follows: ``(C) Local educational agency liaisons for homeless children and youth shall, as a part of their duties, coordinate and collaborate with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youth.''; and (E) by striking out paragraph (9). (c) Local Educational Agency Grants.--Section 723 of the Act is amended-- (1) by amending subsection (a)(2) to read as follows: ``(2) Services.--(A) Services under paragraph (1)-- ``(i) may be provided through programs on school grounds or at other facilities; ``(ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless individuals with non-homeless individuals; and ``(iii) shall be designed to expand or improve services provided as part of a school's regular academic program, but not replace that program. ``(B) Where services under paragraph (1) are provided on school grounds, schools-- ``(i) may use funds under this Act to provide the same services to other children and youth who are determined by the local educational agency to be at risk of failing in, or dropping out of, schools, subject to the requirements of clause (ii) as applied to such other children and youth; and ``(ii) shall not provide services in settings within a school that segregate homeless children and youths from other children and youths, except as is necessary for short periods of time-- ``(I) because of health and safety emergencies; or ``(II) to provide temporary, special, supplementary services to meet the unique needs of homeless children and youth.''; and (2) in subsection (b)-- (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (B) by adding a new paragraph (1) to read as follows: ``(1) an assessment of the educational and related needs of homeless children and youth in their district (which may be undertaken as a part of needs assessments for other disadvantaged groups);''; and (3) in subsection (c)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted.''; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting immediately after paragraph (2) the following new paragraph: ``(3) Quality.--In determining the quality of applications under paragraph (1), the State educational agency shall consider-- ``(A) the applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet those needs; ``(B) the types, intensity, and coordination of the services to be provided under the program; ``(C) the involvement of parents or guardians; ``(D) the extent to which homeless children and youth will be integrated within the regular education program; ``(E) the quality of the applicant's evaluation plan for the program; ``(F) the extent to which services provided under this subtitle will be coordinated with other available services; and ``(G) such other measures as the State educational agency deems indicative of a high-quality program.''. (d) Collection and Dissemination of Information; Report.--Section 724 of the Act is amended-- (1) by striking out subsection (f); and (2) adding at the end thereof the following new subsections: ``(f) Information.--(1) From funds appropriated under section 726, the Secretary shall, either directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information on: ``(A) the number and location of homeless children and youth; ``(B) the education and related services such children and youth receive; ``(C) the extent to which such needs are being met; and ``(D) such other data and information as the Secretary deems necessary and relevant to carry out this subtitle. ``(2) The Secretary shall coordinate such collection and dissemination with the other agencies and entities that receive assistance and administer programs under this subtitle. ``(g) Report.--Not later than four years after the date of the enactment of the Educational Excellence for All Children Act of 1999, the Secretary shall prepare and submit to the President and appropriate committees of the House of Representatives and the Senate a report on the status of education of homeless youth and children, which may include information on-- ``(1) the education of homeless children and youth; and ``(2) the actions of the Department and the effectiveness of the programs supported under this subtitle.''. (e) Section 726 of the Act is amended to read: ``authorization of appropriations ``Sec. 726. For the purpose of carrying out this subtitle, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005.''. amendments to other laws Sec. 1202. (a) Perkins Act.--Section 116(a) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2326(a)) is amended by striking out paragraph (5). (b) Higher Education Act of 1965.--Section 317(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(10)) is amended by striking out ``9308'' and inserting in lieu thereof ``9306''. (c) Pro-Children Act of 1994.--The Pro-Children Act of 1994 (20 U.S.C. 6081 et seq.) is amended-- (1) in section 1042(2)-- (A) by striking out ``education''; and (B) in subparagraph (A)(i), by striking out ``or the Secretary of Education''; and (2) in section 1043-- (A) in subsection (a), by striking out ``kindergarten, elementary, or secondary education or''; and (B) in subsection (c)-- (i) in paragraph (1)-- (I) in the heading thereof, by striking out ``Kindergarten, Elementary, or Secondary Education or''; and (II) by striking out kindergarten, elementary, or secondary education or''; and (ii) in paragraph (3), by striking out ``kindergarten, elementary, or secondary education or''. Part B--Repeals repeals Sec. 1211. (a) Title XIII of the ESEA is repealed. (b) The Goals 2000: Educate America Act (Public Law 103-227) is amended-- (1) by repealing titles I, II, III, IV, VII, and VIII; and (2) in title X, by repealing part B. (b) The Educational Research, Development, Dissemination, and Improvement Act of 1994 (title IX of Public Law 103-227) is amended by repealing parts F, G, and H. (c) Title III of the Education for Economic Security Act (20 U.S.C 3901 et seq.) is repealed. <all>

usgpo

2024-06-24T03:05:50.385954

BILLS-106hr1966ih

Asthma Awareness, Education and Treatment Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1966 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1966 To authorize the Secretary of Health and Human Services to carry out programs regarding the prevention and management of asthma, allergies, and related respiratory problems, to establish a tax credit regarding pest control services for multifamily residential housing in low-income communities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Ms. Millender-McDonald (for herself, Ms. Brown of Florida, Mr. Brown of California, Mr. Capuano, Ms. Carson, Mrs. Christensen, Mr. Clyburn, Mr. Cummings, Ms. Danner, Mr. Frost, Mr. Green of Texas, Mr. Hastings of Florida, Mr. Hilliard, Ms. Norton, Ms. Hooley of Oregon, Ms. Jackson- Lee of Texas, Mr. Jefferson, Mr. Kennedy of Rhode Island, Ms. Kilpatrick, Ms. Lee, Ms. McCarthy of Missouri, Ms. McKinney, Mrs. Meek of Florida, Mrs. Mink of Hawaii, Mrs. Morella, Mr. Owens, Ms. Pelosi, Ms. Roybal-Allard, Mr. Rush, Ms. Sanchez, Mr. Serrano, Mr. Thompson of Mississippi, Mr. Towns, Mrs. Jones of Ohio, Mr. Weygand, and Mr. Wynn) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize the Secretary of Health and Human Services to carry out programs regarding the prevention and management of asthma, allergies, and related respiratory problems, to establish a tax credit regarding pest control services for multifamily residential housing in low-income communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Awareness, Education and Treatment Act of 1999''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Asthma is a chronic lung condition that affects an estimated 14,600,000 Americans, including 4,800,000 children. (2) An estimated 40,000,000 to 50,000,000 Americans suffer from allergies, including allergic asthma. (3) Asthma is the most common chronic respiratory disease of children, accounting for 25 percent of school absenteeism, and is the third leading cause of preventable hospitalizations. (4) During the period 1980 through 1994 the prevalence of pediatric asthma increased by 72 percent, and the percentage of preschool children with asthma increased by 160 percent. (5) The prevalence of asthma is greater in women than in men (5.6 percent of women as compared to 5.1 percent of men). (6) The prevalence of asthma is greater in low-income families. In families with an annual income of less than $10,000, 79.2 of 1,000 individuals who are under the age of 45 have asthma, while in families with an annual income of between $20,000 and $35,000, 53.6 of 1,000 individuals under the age of 45 have asthma. (7) In 1997, more than 5,000 Americans died from asthma attacks. During the period 1993 through 1995, the average number of deaths from asthma for African Americans was 38.5 deaths per million individuals, while the average for Caucasians was 15.1 deaths per million. (8) Asthma is estimated to cost the United States over $12,000,000,000 annually and the rise in the prevalence of asthma will lead to higher costs in the future. (9) African Americans are five times more likely than other segments of the population to seek care for asthma at an emergency room. (10) The asthma death rate is four times higher among African American children and two times higher among all African Americans. (11) Exercise improves the physical and psychological well- being of children, including improving self-esteem, and it can help children manage their asthma and form life-long habits of physical activity that can improve the quality of life and the length of life of the individual. SEC. 3. GRANTS FOR PROJECTS FOR ASTHMA-RELATED ACTIVITIES FOR LOW- INCOME COMMUNITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to public and nonprofit private entities for the purpose of carrying out projects to provide for individuals in low-income communities-- (1) screenings and referrals regarding asthma, allergies, and related respiratory problems in accordance with subsection (b); (2) information and education regarding such conditions in accordance with subsection (c); and (3) workshops regarding such conditions that are provided for parents, teachers, physical education instructors, school nurses, school counselors, athletic coaches, and other individuals who serve in supervisory roles of children in such communities. (b) Screenings and Referrals.--The Secretary shall ensure that screenings and referrals regarding asthma, allergies, and related respiratory problems under subsection (a) are comprehensive, and that the settings in which the screenings and referrals are provided include-- (1) traditional medical settings such as hospitals, health clinics, and the offices of physicians; and (2) nontraditional settings for the provision of such services, such as nurseries, elementary and secondary schools, community centers, public housing units, volunteer organizations, convenience stores, local governmental offices, day care centers, sites that offer nutrition-related services for women, infants, and children, and governmental offices that provide cash assistance for low-income individuals. (c) Information and Education.--The Secretary shall ensure that information and education on asthma, allergies, and related respiratory problems under subsection (a) is provided in accordance with the following: (1) The information and education is provided in the language and cultural context that is most appropriate for the individuals for whom the information and education is intended. (2) The information and education includes information and education to increase understanding on the following: (A) The symptoms of the conditions. (B) Preventing the conditions. (C) Monitoring and managing the conditions, including-- (i) avoiding circumstances that may cause asthma attacks or other respiratory problems; and (ii) being aware of appropriate medication options, such as the need as appropriate to keep in one's possession an asthma inhaler. (D) The importance for asthmatic children of regularly engaging in physical activities. (3) The settings in which the information and education are provided include traditional settings such as the settings described in subsection (b)(1) and nontraditional settings such as the settings described in subsection (b)(2). (d) Evaluations of Projects.--The Secretary shall (directly or through contract) provide for the evaluation of projects carried under subsection (a), including-- (1) determining the number of children who have received screenings and referrals through the projects; (2) determining the extent to which the projects have had an effect on the manner in which individuals served by the projects prevent and manage asthma, allergies, and related respiratory problems; and (3) evaluating the effectiveness of materials used in providing information and education. (e) Inclusion in Project of Local Community-Based Organization.--A condition for the receipt of a grant under subsection (a) is that-- (1) the applicant for the grant be a community-based organization that provides services in the low-income community in which the project under such subsection is to be carried out; or (2) the applicant for the grant demonstrate to the Secretary that one or more representatives from such an organization will play a substantial role in carrying out the project. (f) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $8,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004. SEC. 4. NATIONAL MEDIA CAMPAIGN TO PROVIDE ASTHMA-RELATED INFORMATION. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make awards of contracts to provide for a national media campaign to provide to the public and health care providers information on asthma, allergies, and related respiratory problems, with priority given to the occurrence of such conditions in children. (b) Certain Requirements.--The Secretary shall ensure that the national media campaign under subsection (a) is carried out in accordance with the following: (1) The campaign provides information regarding the prevention and management of asthma, allergies, and related respiratory problems. (2) With respect to a community in which the campaign is carried out-- (A) the campaign provides information regarding the availability in the community of programs that provide screenings, referrals, and treatment regarding such conditions and training in managing the conditions; and (B) the campaign is carried out in the language and cultural context that is most appropriate for the individuals for whom the campaign is intended. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $600,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004. SEC. 5. TAX CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL SERVICES. ``(a) In General.--For purposes of section 38, in the case of a taxpayer engaged in the trade or business of providing pest control or climate control services, the donation credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate cost (including wages) paid or incurred by the taxpayer during the taxable year in providing qualified pest control and climate control services. ``(b) Qualified Pest Control and Climate Control Services.--For purposes of this section-- ``(1) In general.--The term `qualified pest control and climate control services' means pest control and climate control services provided without charge in-- ``(A) any public housing (as defined in section 3(b) of the United States Housing Act of 1937), or ``(B) any multifamily residential rental property if it is reasonably expected that at least 75 percent of the occupants of the dwelling units have incomes below 200 percent of the official poverty line, but only if such services are part of a good faith effort (including follow-up treatments) to accomplish the intended result and are verified in such manner as the Secretary shall prescribe. ``(2) Pest control and climate control services.--For purposes of paragraph (1), the term `pest control and climate control services' means services-- ``(A) to eliminate cockroaches, dust mites, animal dander, and mold, or ``(B) to improve poor ventilation and lack of temperature control.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12), and inserting a comma and ``plus'', and (C) by adding at the end the following new paragraph: ``(13) in the case of a taxpayer engaged in the trade or business of providing pest control or climate control services (as defined in section 45D(b)(2)), the donation credit determined under section 45D.''. (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(9) No carryback of section 45d credit before january 1, 2000.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45D may be carried back to a taxable year beginning before January 1, 2000.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit for donations of pest control and climate control services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 6. RESEARCH ON RELATIONSHIP BETWEEN AIR POLLUTANTS AND ASTHMA- RELATED PROBLEMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with the Administrator of the Environmental Protection Agency, shall (directly or through grants and contracts) provide for the conduct of research for the purpose of determining whether and to what extent there is a causal relationship between air pollutants and the occurrence of asthma, allergies, and related respiratory problems. (b) Requirement Regarding Clinical Participants.-- (1) In general.--In providing for the conduct of clinical research under subsection (a), the Secretary shall give priority to providing to individuals described in paragraph (2) opportunities to undergo clinical evaluations for purposes of the research. (2) Relevant populations.--For purposes of paragraph (1), the individuals referred to in this paragraph are individuals who are residents of communities in which the average family income is at or below 200 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. SEC. 7. COORDINATION OF FEDERAL ACTIVITIES TO ADDRESS ASTHMA-RELATED HEALTH CARE NEEDS. (a) In General.--The Director of the National Heart, Lung, and Blood Institute shall, through the National Asthma Education Prevention Program Coordinating Committee-- (1) identify all Federal programs that carry out asthma- related activities; (2) develop, in consultation with appropriate Federal agencies and professional and voluntary health organizations, a Federal plan for responding to asthma; and (3) not later than 12 months after the date of enactment of this Act, submit recommendations to the Congress on ways to strengthen and improve the coordination of asthma-related activities of the Federal Government. (b) Representation of the Department of Housing and Urban Development.--A representative of the Department of Housing and Urban Development shall be included on the National Asthma Education Prevention Program Coordinating Committee for the purpose of performing the tasks described in subsection (a). (c) Authorization of Appropriations.--Out of any funds otherwise appropriated for the National Institutes of Health, $5,000,000 shall be made available to the National Asthma Education Prevention Program for the period of fiscal years 2000 through 2004 for the purpose of carrying out this section. Funds made available under this subsection shall be in addition to any other funds appropriated to the National Asthma Education Prevention Program for any fiscal year during such period. SEC. 8. COMPILATION OF DATA BY CENTERS FOR DISEASE CONTROL AND PREVENTION. The Director of the Centers for Disease Control and Prevention, in consultation with the National Asthma Education Prevention Program Coordinating Committee, shall-- (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management, including-- (A) telephone surveys to collect sample household data on the local burden of asthma; and (B) health care facility specific surveillance to collect asthma data on the prevalence and severity of asthma, and on the quality of asthma care; and (2) compile and annually publish data on-- (A) the prevalence of children suffering from asthma in each State; and (B) the childhood mortality rate associated with asthma nationally and in each State. <all>

usgpo

2024-06-24T03:05:50.404676

BILLS-106hr1967ih

NAFTA Impact Relief Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1967 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1967 To amend the Internal Revenue Code of 1986 to provide tax incentives and job training grants for communities affected by the migration of businesses and jobs to Canada or Mexico as a result of the North American Free Trade Agreement. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Shows (for himself, Mr. Thompson of Mississippi, Mr. Barcia, Mr. Bishop, Mr. Bonior, Mr. Boucher, Mr. Brown of Ohio, Mr. Boyd, Mrs. Clayton, Ms. Carson, Mr. Cramer, Ms. Danner, Mr. Duncan, Mr. Evans, Mr. Gonzalez, Mr. Goode, Mr. Green of Texas, Mr. Hall of Texas, Mr. Hayes, Mr. Hilliard, Mr. Hinchey, Mr. Hinojosa, Mr. Holden, Mr. John, Ms. Kaptur, Mr. Kleczka, Mr. Kucinich, Mr. LaTourette, Ms. Lee, Mr. Lewis of Kentucky, Mr. McGovern, Mr. McHugh, Mr. McIntyre, Mrs. Napolitano, Mr. Ney, Mr. Norwood, Mr. Pickering, Mr. Reyes, Mr. Riley, Ms. Roybal- Allard, Ms. Sanchez, Mr. Sandlin, Mr. Taylor of Mississppi, Mrs. Thurman, Mr. Whitfield, Mr. Wise, and Mr. Wu) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide tax incentives and job training grants for communities affected by the migration of businesses and jobs to Canada or Mexico as a result of the North American Free Trade Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Impact Relief Act''. SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter X--NAFTA-Impacted Communities ``Sec. 1400E. Designation of NAFTA- impacted communities. ``Sec. 1400F. NAFTA-impacted community employment credit. ``Sec. 1400G. Increase in expensing under section 179. ``Sec. 1400H. NAFTA-impacted community business defined. ``SEC. 1400E. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES. ``(a) Designation.-- ``(1) NAFTA-impacted community.--For purposes of this title, the term `NAFTA-impacted community' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as a community impacted by the North American Free Trade Agreement (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Commerce designates as a NAFTA-impacted community, after consultation with-- ``(i) in the case of an area in a rural area, the Secretary of Agriculture; ``(ii) in the case of an area in an urban area, the Secretary of Housing and Urban Development; and ``(iii) in the case of an area on an Indian reservation, the Secretary of the Interior. ``(2) Number of designations.--The Secretary of Commerce may designate not more than 35 nominated areas as NAFTA- impacted communities. ``(3) Areas designated based on degree of loss of jobs resulting from NAFTA, etc.--Except as otherwise provided in this section, the nominated areas designated as NAFTA-impacted communities under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretary of Commerce shall prescribe by regulation no later than 4 months after the date of the enactment of this section, after consultation with the officials described in paragraph (1)(B)-- ``(i) the procedures for nominating an area under paragraph (1)(A), ``(ii) the parameters relating to the size and population characteristics of a NAFTA- impacted community, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Procedural rules.--The Secretary of Commerce shall not make any designation of a nominated area as a NAFTA-impacted community under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretary of Commerce shall by regulation prescribe, and ``(ii) the Secretary of Commerce determines that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation Is In Effect.-- ``(1) In general.--Any designation of an area as a NAFTA- impacted community shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(A) December 31, 2006, ``(B) the termination date designated by the State and local governments in their nomination, or ``(C) the date the Secretary of Commerce revokes such designation. ``(2) Revocation of designation.--The Secretary of Commerce may revoke the designation under this section of an area if the Secretary determines that the loss of jobs and other affects of NAFTA on the area have been substantially alleviated. Such determination shall include, at a minimum, a finding that the unemployment rate in the area is equal to or lower than the national unemployment rate, and a finding that new businesses are being attracted to the area. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as a NAFTA-impacted community under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, and ``(C) the area does not include an empowerment zone (as defined in section 1393(b)) other than such a zone designated under section 1391(g). ``(3) Eligibility requirements.-- ``(A) In general.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify (and the Secretary of Commerce, after such review of Department of Labor data and other appropriate supporting data as he deems appropriate, accepts such certification) that-- ``(i) the unemployment rate in the area, as determined by the most recent available data, was at least 1 percentage point above the national unemployment rate for the period to which such data relate, and ``(ii) in the case of-- ``(I) a rural area, at least 300 workers who live or work in the area have been certified as eligible to apply for NAFTA transitional adjustment assistance under subchapter D of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.), and ``(II) an urban area, at least 500 workers have been so certified. ``(B) Rural area defined.--For purposes of this section, the term `rural area' means an area-- ``(i) which is within a local government jurisdiction or jurisdictions with a population of less than 10,000, ``(ii) which is outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or ``(iii) which is determined by the Secretary of Commerce, after consultation with the Secretary of Agriculture, to be a rural area. ``(C) Urban area defined.--For purposes of this section, the term `urban area' means any area that is not a rural area. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as a NAFTA-impacted community, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (5) and (7) of section 1393 shall apply. ``SEC. 1400F. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the NAFTA-impacted community employment credit determined under this section with respect to any employer for any taxable year is 8.5 percent of the qualified NAFTA-impacted community wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Qualified NAFTA-Impacted Community Wages.-- ``(1) In general.--For purposes of this section, the term `qualified NAFTA-impacted community wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified NAFTA-impacted community employee. ``(2) Only first $15,000 of wages per year taken into account.--With respect to each qualified NAFTA-impacted community employee, the amount of qualified NAFTA-impacted community wages which may be taken into account for a calendar year shall not exceed $15,000. ``(3) Coordination with work opportunity credit.-- ``(A) In general.--The term `qualified NAFTA- impacted community wages' shall not include wages taken into account in determining the credit under section 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. ``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified NAFTA-impacted community employee' means, with respect to any period, any employee of an employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a NAFTA-impacted community in a trade or business of the employer, and ``(B) the principal place of abode of such employee while performing such services is within such NAFTA- impacted community. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 1396(d) shall apply. ``(d) Other Definitions and Special Rules.--For purposes of this section, the rules of section 1397 shall apply. ``SEC. 1400G. INCREASE IN EXPENSING UNDER SECTION 179. ``(a) General Rule.--In the case of a NAFTA-impacted community business (as defined in section 1400H), for purposes of section 179-- ``(1) the limitation under section 179(b)(1) shall be increased by the lesser of-- ``(A) $10,000, or ``(B) the cost of section 179 property which is qualified NAFTA-impacted property placed in service during the taxable year, and ``(2) the amount taken into account under section 179(b)(2) with respect to any section 179 property which is qualified NAFTA-impacted property shall be 50 percent of the cost thereof. ``(b) Recapture.--Rules similar to the rules under section 179(d)(10) shall apply with respect to any qualified NAFTA-impacted property which ceases to be used in a NAFTA-impacted community by a NAFTA-impacted community business. ``(c) Qualified NAFTA-Impacted Property.--For purposes of this section-- ``(1) In general.--The term `qualified NAFTA-impacted property' means section 179 property (as defined in section 179(d)) if-- ``(A) such property was acquired by the taxpayer after December 31, 1999, and before January 1, 2007, and ``(B) such property would be qualified zone property (as defined in section 1397C) if references to NAFTA-impacted communities were substituted for references to empowerment zones in section 1397C. ``(2) Certain rules to apply.--The rules of subsections (a)(2) and (b) of section 1397C shall apply for purposes of this section. ``SEC. 1400H. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED. ``For purposes of this part, the term `NAFTA-impacted community business' means any entity or proprietorship which would be a qualified business entity or qualified proprietorship under section 1397B if references to NAFTA-impacted communities were substituted for references to empowerment zones in such section. (b) Technical and Conforming Amendments.-- (1) NAFTA-impacted community employment credit part of general business credit.-- (A) Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the NAFTA-impacted community employment credit determined under section 1400F(a).''. (B) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(9) No carryback of section 1400f credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 1400F (relating to NAFTA-impacted community employment credit) may be carried to any taxable year ending before January 1, 2000.''. (2) Denial of deduction for portion of wages equal to NAFTA-impacted community employment credit.-- (A) Subsection (a) of section 280C (relating to rule for employment credits) is amended by striking ``and 1396(a)'' and inserting ``1396(a), and 1400F(a)''. (B) Subsection (c) of section 196 (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding at the end the following new paragraph: ``(9) the NAFTA-impacted community employment credit determined under section 1400F(a)''. (3) Carryovers.--Subsection (c) of section 381 (relating to carryovers in certain corporate acquisitions) is amended by adding at the end the following new paragraph: ``(27) NAFTA-impacted community provisions.--The acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and subchapter X, and under such regulations as may be prescribed by the Secretary) the items required to be taken into account for purposes of subchapter X in respect of the distributor or transferor corporation.''. (c) Clerical Amendments.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter X. NAFTA-Impacted Communities.'' SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--The Secretary of Labor shall provide grants to States that contain NAFTA-impacted communities, as designated under section 1400E of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act), for the purpose of providing sub-grants to nonprofit organizations and community or junior colleges in order to provide short-term job training courses, courses in entrepreneurism and self- employment, and other related job training assistance that will promote the economic self-sufficiency of individuals located in NAFTA-impacted communities. (b) Maximum Amount of Grant.--The total amount provided under a grant to a State under subsection (a) for a fiscal year may not exceed the product of-- (1) $1,000,000; and (2) the number of NAFTA-impacted communities located in the State. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $35,000,000 for each of the fiscal years 2000 through 2006. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. <all>

usgpo

2024-06-24T03:05:50.411527

BILLS-106hr1968ih

Medicare Preventive Care Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1968 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1968 To amend title XVIII of the Social Security Act to provide for additional benefits under the Medicare Program to prevent or delay the onset of illnesses, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Stark introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to provide for additional benefits under the Medicare Program to prevent or delay the onset of illnesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Preventive Care Improvement Act of 1999''. SEC. 2. AUTHORITY TO PROVIDE PREVENTIVE SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Preventive Services Benefit.-- (1) In general.--Section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended-- (A) by redesignating paragraphs (16) and (17) as paragraphs (17) and (18), respectively; and (B) by inserting after paragraph (15) the following new paragraph: ``(16) qualified preventive services, as defined in subsection (uu);''. (2) Conforming amendments.--Sections 1864(a) 1902(a)(9)(C), and 1915(a)(1)(B)(ii)(I) of such Act (42 U.S.C. 1395aa(a), 1396a(a)(9)(C), and 1396n(a)(1)(B)(ii)(I)) are each amended by striking ``paragraphs (16) and (17)'' each place it appears and inserting ``paragraphs (17) and (18)''. (b) Definition of Preventive Services.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Qualified Preventive Services ``(uu)(1) Subject to paragraph (2), the term `qualified preventive services' means items and services determined by the Secretary to be reasonable and necessary for the prevention or early detection of an illness or disability. ``(2) An item or service described in paragraph (1) shall be qualified as a preventive service if the Secretary determines by authoritative evidence that the provision of such item or service is cost effective. In determining if such an item or service is cost effective, the Secretary shall consider the following: ``(A) Whether furnishing such an item or service for an illness or disability results in reductions in estimated expenditures under the Social Security Act for the illness or disability, or avoids treatment in a more expensive setting. ``(B) Whether the item or service improves the health of the individual for whom the item or service is furnished. ``(C) In the case of an individual entitled to benefits under this title by reason of section 226(b), whether the item or service facilitates the return to work of the individual.''. (c) Exclusion From Coverage Conforming Amendment.--Section 1862(a)(1)(B) of such Act (42 U.S.C. 1395y(a)(1)(B)) is amended by striking ``section 1861(s)(10)'' and inserting ``section 1834(e)(6)''. SEC. 3. PAYMENT FOR PREVENTIVE SERVICES. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Alternative Payment for Preventive Services.-- ``(1) General payment rule.-- ``(A) Qualified preventive services.--The Secretary shall establish by regulation a payment amount for qualified preventive services, as defined in section 1861(uu). ``(B) Other preventive services.--The Secretary may establish by regulation a payment amount for each type of preventive service described in subparagraphs (A) through (H) of paragraph (6). ``(2) Minimum payment amount.--In the case of a preventive service described in paragraph (6) that may be performed as a diagnostic or therapeutic service under this title, the payment amount under this subsection for a service performed as a preventive service may not be less than the payment amount established under this title for such service performed as a diagnostic or therapeutic service. ``(3) Manner of payment.--In the case of a preventive service described in paragraph (6) that may be performed as a diagnostic or therapeutic service under this title, the Secretary shall apply the same method of payment under this subsection for a service performed as a preventive service as the Secretary applies under this title for such service performed as a diagnostic or therapeutic service. ``(4) Authority to waive coinsurance.--Notwithstanding any other provision of this title, in the case of a preventive service described in paragraph (6), the Secretary may waive the imposition of any applicable coinsurance amount with respect to such service. ``(5) Prohibition on balance billing.--The provisions of subparagraphs (A) and (B) of section 1842(b)(18) shall apply to the furnishing of preventive services described in paragraph (6) for which payment is made under this subsection in the same manner as such subparagraphs apply to services furnished by a practitioner described in subparagraph (C) of such section. ``(6) Preventive services described.--For purposes of this subsection, the preventive services described in this paragraph are any of the following services: ``(A) Antigens (under section 1861(s)(2)(G)). ``(B) Prostate cancer screening tests (as defined in section 1861(oo)). ``(C) Colorectal cancer screening tests (as defined in section 1861(pp)). ``(D) Diabetes outpatient self-management training services (as defined in section 1861(qq)). ``(E)(i) Pneumococcal vaccine and its administration and influenza vaccine and its administration (under section 1861(s)(10)(A)). ``(ii) Hepatitis B vaccine and its administration (under section 1861(s)(10)(B)). ``(F) Screening mammography (as defined in section 1861(jj)). ``(G) Screening pap smear and screening pelvic exam (as defined in paragraphs (1) and (2), respectively, of section 1861(nn)). ``(H) Bone mass measurement (as defined in section 1861(rr)). ``(I) Qualified preventive services (as defined in section 1861(uu)).''. (b) Waiver of Deductible.--The first sentence of section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended by striking ``, (5) such deductible'' and all that follows through the period and inserting: ``, and (5) such deductible shall not apply with respect to preventive services (as described in section 1834(e)(6)).''. (c) Conforming Amendments.--(1) Section 1833(a)(1)(B) of such Act (42 U.S.C. 1395l(a)(1)(B)) is amended by inserting ``subject to section 1834(e),'' before ``the amounts paid shall be 100 percent of the reasonable charges for such items and services,''. (2) Section 1833(a)(2)(G) of such Act (42 U.S.C. 1395l(a)(2)(G)) is amended by inserting ``subject to section 1834(e),'' before ``with respect to items and services''. (3) Section 1834(c)(1)(C) of such Act (42 U.S.C. 1395m(c)) is amended by striking ``the amount of the payment'' and inserting ``except as provided by the Secretary under subsection (e), the amount of the payment''. (4) Section 1834(d) of such Act (42 U.S.C. 1395m(d)) is amended-- (A) in paragraph (1)(A), by striking ``The payment amount'' and inserting ``Except as provided by the Secretary under subsection (e), the payment amount''; and (B) in paragraphs (2)(A) and (3)(A), by striking ``payment under section 1848'' each place it appears and inserting ``except as provided by the Secretary under subsection (e), payment under section 1848''. (5) Section 1848(g)(2)(C) of such Act (42 U.S.C. 1395w-4(g)(2)(C)) is amended-- (A) by striking ``For'' and inserting ``(i) Subject to clause (ii), for''; and (B) by adding at the end the following new clause: ``(ii) For physicians' services consisting of preventive services (as described in section 1834(e)(6)) furnished on or after February 1, 2000, the `limiting charge' shall be 100 percent of the recognized payment amount under this part for nonparticipating physicians or for nonparticipating suppliers or other persons.''. (6) Section 1848(g)(2)(D) of such Act (42 U.S.C. 1395w-4(g)(2)(D)) is amended by striking ``the fee schedule amount determined under subsection (a)'' and all that follows and inserting ``the fee schedule amount determined under subsection (a), in the case of preventive services (as described in section 1834(e)(6)) the amount determined by the Secretary under section 1834(e), or, if payment under this part is made on a basis other than the fee schedule under this section or other than the amount established under section 1834(e) with respect to such preventive services, 95 percent of the other payment basis.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act apply to items and services furnished on or after February 1, 2000. <all>

usgpo

2024-06-24T03:05:50.431817

BILLS-106hr1972ih

For the relief of Ashley Ross Fuller.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1972 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1972 For the relief of Ashley Ross Fuller. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mrs. Cubin introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Ashley Ross Fuller. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR ASHLEY ROSS FULLER. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Ashley Ross Fuller shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Ashley Ross Fuller enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Waiver of Grounds for Ineligibility for Admission and Removal.-- (1) In general.--Except as provided in paragraph (2), and notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Ashley Ross Fuller may not be considered to be within a class of aliens ineligible to be admitted to the United States, or a class of deportable aliens, at any time on or after the date of the enactment of this Act on any ground reflected in the records of the Immigration and Naturalization Service of the Department of Justice, or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Exceptions.--The waiver provided under paragraph (1) shall not apply to any ground for ineligibility for admission, or any ground for removal, described in section 212(a)(3), or paragraph (2)(D) or (4) of section 237(a), of the Immigration and Nationality Act. (d) Deadline for Application and Payment of Fees.--Subsections (a), (b), and (c) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Ashley Ross Fuller, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. <all>

usgpo

2024-06-24T03:05:50.744752

BILLS-106hr1973ih

To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in the Pittsburgh, Pennsylvania, metropolitan area.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1973 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1973 To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in the Pittsburgh, Pennsylvania, metropolitan area. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Doyle (for himself, Mr. Murtha, Mr. English, Mr. Coyne, Mr. Klink, Mr. Mascara, Mr. Toomey, Mr. Brady of Pennsylvania, Mr. Fattah, Mr. Sherwood, Mr. Borski, Mr. Holden, Mr. Peterson of Pennsylvania, Mr. Kanjorski, Mr. Hoeffel, Mr. Gekas, Mr. Goodling, and Mr. Pitts) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in the Pittsburgh, Pennsylvania, metropolitan area. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERY. (a) In General.--The Secretary of Veterans Affairs shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in the Pittsburgh, Pennsylvania, metropolitan area to serve the needs of veterans and their families. (b) Report.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a report that sets forth a schedule for the establishment of the national cemetery under subsection (a) and an estimate of the costs associated with such establishment. <all>

usgpo

2024-06-24T03:05:50.870873

BILLS-106hr1975ih

Temporary Tax Termination Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1975 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1975 To amend the Internal Revenue Code of 1986 to eliminate the temporary increase in unemployment tax. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. McInnis (for himself, Mr. Sam Johnson of Texas, Mr. Bachus, Mr. Stump, and Mr. McHugh) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to eliminate the temporary increase in unemployment tax. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Tax Termination Act of 1999''. SEC. 2. REPEAL OF TEMPORARY UNEMPLOYMENT TAX. Section 3301 of the Internal Revenue Code of 1986 (relating to rate of unemployment tax) is amended-- (1) by striking ``2007'' in paragraph (1) and inserting ``1999''; and (2) by striking ``2008'' in paragraph (2) and inserting ``2000''. <all>

usgpo

2024-06-24T03:05:50.895423

BILLS-106hr1979ih

Arrow Excise Tax Clarification Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1979 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1979 To amend the Internal Revenue Code of 1986 to clarify the application of the excise tax imposed on arrow components. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Barcia (for himself, Mr. Camp, Mr. Cunningham, Mr. Hunter, Mr. Tanner, Mr. Pickett, Mr. Tauzin, Mr. John, Mr. Istook, Mr. Thompson of California, Mr. Sandlin, and Mr. Bilbray) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to clarify the application of the excise tax imposed on arrow components. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arrow Excise Tax Clarification Act of 1999''. SEC. 2. CLARIFICATION OF EXCISE TAX IMPOSED ON ARROW COMPONENTS. (a) In General.--Paragraph (2) of section 4161(b) of the Internal Revenue Code of 1986 (relating to bows and arrows, etc.) is amended to read as follows: ``(2) Arrows.-- ``(A) Arrow components.-- ``(i) In general.--There is hereby imposed on the sale by the manufacturer, producer, or importer of any shaft, point, article used to attach a point to a shaft, nock, or vane of a type used in the manufacture of any taxable arrow a tax equal to 12.4 percent of the price for which so sold. ``(ii) Reduced rate on certain hunting points.--Clause (i) shall be applied by substituting `11 percent' for `12.4 percent' in the case of a point which is designed primarily for use in hunting fish or large animals. ``(B) Imported arrows.--There is hereby imposed on the sale by the importer of any taxable arrow a tax equal to 11 percent of the price for which so sold. ``(C) Taxable arrow.--For purposes of this paragraph, the term `taxable arrow' means any arrow which-- ``(i) measures 18 inches overall or more in length, or ``(ii) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A). ``(D) Tax-free sales of arrows by component purchasers to governments and tax-exempt entities.--In the case of the tax imposed by subparagraph (A), paragraphs (4) and (5) of section 4221(a), and section 4221(b), shall be treated as also referring to a sale of an article to a purchaser for resale by such purchaser (either separately or as part of an arrow) to a government or organization described in such paragraphs for its exclusive use.'' (b) Effective Date.--The amendment made by this section shall apply to articles sold by the manufacturer, producer, or importer after the close of the first calendar month ending more than 30 days after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:50.905529

BILLS-106hr1971ih

Domestic Energy Production Security and Stabilization Act.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1971 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1971 To amend the Internal Revenue Code of 1986 to encourage domestic oil and gas production, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Watkins (for himself, Mr. John, and Mr. Watts of Oklahoma) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to encourage domestic oil and gas production, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Domestic Energy Production Security and Stabilization Act.'' (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Tax credit for marginal domestic oil and natural gas well production. Sec. 3. Phase-out of certain minimum tax preferences relating to energy production. Sec. 4. Depreciation adjustment not to apply to oil and gas assets. Sec. 5. Repeal certain adjustments based on adjusted current earnings relating to oil and gas assets. Sec. 6. Enhanced oil recovery credit and credit for producing fuel from a nonconventional source allowed against minimum tax. Sec. 7. 10-year carryback for percentage depletion for oil and gas property. Sec. 8. Net income limitation on percentage depletion repealed for oil and gas properties. Sec. 9. Election to expense geological and geophysical expenditures and delay rental payments. Sec. 10. Waiver of limitations. SEC. 2. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL PRODUCTION. (a) Purpose.--The purpose of this section is to prevent the abandonment of marginal oil and gas wells responsible for half of the domestic production of oil and gas in the United States. (b) Credit for Producing Oil and Gas From Marginal Wells.--Subpart D of part IV of subchapter A of chapter 1 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. ``(a) General Rule.--For purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of-- ``(1) the credit amount, and ``(2) the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount is-- ``(A) $3 per barrel of qualified crude oil production, and ``(B) 50 cents per 1,000 cubic feet of qualified natural gas production. ``(2) Reduction as oil and gas prices increase.-- ``(A) In general.--The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(i) the excess (if any) of the applicable reference price over $14 ($1.56 for qualified natural gas production), bears to ``(ii) $3 ($0.33 for qualified natural gas production). The applicable reference price for a taxable year is the reference price for the calendar year preceding the calendar year in which the taxable year begins. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2000, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting `1999' for `1990'). ``(C) Reference price.--For purposes of this paragraph, the term `reference price' means, with respect to any calendar year-- ``(i) in the case of qualified crude oil production, the reference price determined under section 29(d)(2)(C), and ``(ii) in the case of qualified natural gas production, the Secretary's estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes of this section-- ``(1) In general.--The terms `qualified crude oil production' and `qualified natural gas production' mean domestic crude oil or natural gas which is produced from a marginal well. ``(2) Limitation on amount of production which may qualify.-- ``(A) In general.--Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel equivalents. ``(B) Proportionate reductions.-- ``(i) Short taxable years.--In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. ``(ii) Wells not in production entire year.--In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. ``(3) Definitions.-- ``(A) Marginal well.--The term `marginal well' means a domestic well-- ``(i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or ``(ii) which, during the taxable year-- ``(I) has average daily production of not more than 25 barrel equivalents, and ``(II) produces water at a rate not less than 95 percent of total well effluent. ``(B) Crude oil, etc.--The terms `crude oil', `natural gas', `domestic', and `barrel' have the meanings given such terms by section 613A(e). ``(C) Barrel equivalent.--The term `barrel equivalent' means, with respect to natural gas, a conversion ratio of 6,000 cubic feet of natural gas to 1 barrel of crude oil. ``(d) Other Rules.-- ``(1) Production attributable to the taxpayer.--In the case of a marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer's revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. ``(2) Operating interest required.--Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest. ``(3) Production from nonconventional sources excluded.--In the case of production from a marginal well which is eligible for the credit allowed under section 29 for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 29 with respect to the well.'' (c) Credit Treated as Business Credit.--Section 38(b) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the marginal oil and gas well production credit determined under section 45D(a).'' (d) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for marginal oil and gas well production credit.-- ``(A) In general.--In the case of the marginal oil and gas well production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the marginal oil and gas well production credit). ``(B) Marginal oil and gas well production credit.--For purposes of this subsection, the term `marginal oil and gas well production credit' means the credit allowable under subsection (a) by reason of section 45D(a).'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) is amended by inserting ``or the marginal oil and gas well production credit'' after ``employment credit''. (e) Carryback.--Subsection (a) of section 39 (relating to carryback and carryforward of unused credits generally) is amended by adding at the end the following new paragraph: ``(3) 10-year carryback for marginal oil and gas well production credit.--In the case of the marginal oil and gas well production credit-- ``(A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit), ``(B) paragraph (1) shall be applied by substituting `10 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(C) paragraph (2) shall be applied-- ``(i) by substituting `31 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `30 taxable years' for `20 taxable years' in subparagraph (B) thereof.'' (f) Coordination With Section 29.--Section 29(a) is amended by striking ``There'' and inserting ``At the election of the taxpayer, there''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following item: ``Sec. 45D. Credit for producing oil and gas from marginal wells.'' (h) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 1998. SEC. 3. PHASE-OUT OF CERTAIN MINIMUM TAX PREFERENCES RELATING TO ENERGY PRODUCTION. (a) Energy Preferences for Integrated Oil Companies.--Section 56 (relating to alternative minimum taxable income) is amended by adding at the end the following new subsection: ``(h) Adjustment Based on Energy Preference.-- ``(1) In general.--In computing the alternative minimum taxable income of any taxpayer for any taxable year beginning after 1998, there shall be allowed as a deduction an amount equal to the alternative tax energy preference deduction. ``(2) Phase-out of deduction as oil prices increase.--The amount of the deduction under paragraph (1) (determined without regard to this paragraph) shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as-- ``(A) the amount by which the reference price for the calendar year preceding the calendar year in which the taxable year begins exceeds $14, bears to ``(B) $3. For purposes of this paragraph, the reference price for any calendar year shall be determined under section 29(d)(2)(C), and, in the case of any taxable year beginning in a calendar year after 2000, the $14 amount under subparagraph (A) shall be adjusted at the same time and in the same manner as under section 43(b)(3) by substituting `1999' for `1990'. ``(3) Alternative tax energy preference deduction.--For purposes of paragraph (1), the term `alternative tax energy preference deduction' means an amount equal to the sum of-- ``(A) the intangible drilling cost preference, and ``(B) the depletion preference. ``(4) Intangible drilling cost preference.--For purposes of this subsection, the term `intangible drilling cost preference' means the amount by which alternative minimum taxable income would be reduced if it were computed without regard to section 57(a)(2). ``(5) Depletion preference.--For purposes of this subsection, the term `depletion preference' means the amount by which alternative minimum taxable income would be reduced if it were computed without regard to section 57(a)(1). ``(6) Alternative minimum taxable income.--For purposes of paragraphs (1), (4), and (5), alternative minimum taxable income shall be determined without regard to the deduction allowable under this subsection and the alternative tax net operating loss deduction under subsection (a)(4). ``(7) Regulations.--The Secretary may by regulation provide for appropriate adjustments in computing alternative minimum taxable income or adjusted current earnings for any taxable year following a taxable year for which a deduction was allowed under this subsection to ensure that no double benefit is allowed by reason of such deduction.'' (b) Repeal of Limit on Reduction for Independent Producers.-- Subparagraphs (E) of section 57(a)(2) (relating to exception for independent producers) is amended to read as follows: ``(E) Exception for independent producers.--In the case of any oil or gas well, this paragraph shall not apply to any taxpayer which is not an integrated oil company (as defined in section 291(b)(4)).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 4. DEPRECIATION ADJUSTMENT NOT TO APPLY TO OIL AND GAS ASSETS. (a) In General.--Subparagraph (B) of section 56(a)(1) (relating to depreciation adjustments) is amended to read as follows: ``(B) Exceptions.--This paragraph shall not apply to-- ``(i) property described in paragraph (1), (2), (3), or (4) of section 168(f), or ``(ii) property used in the active conduct of the trade or business of exploring for, extracting, developing, or gathering crude oil or natural gas.'' (b) Effective Date.--The amendment made by this section shall apply to property placed in service in taxable years beginning after December 31, 1998. SEC. 5. REPEAL CERTAIN ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS RELATING TO OIL AND GAS ASSETS. (a) Intangible Drilling Costs.--Clause (i) of section 56(g)(4)(D) is amended by striking the second sentence and inserting ``In the case of any oil or gas well, this clause shall not apply in the case of amounts paid or incurred in taxable years beginning after December 31, 1998.'' (b) Depletion.--Clause (ii) of section 56(g)(4)(F) is amended to read as follows: ``(ii) Exception for oil and gas wells.--In the case of any taxable year beginning after December 31, 1998, clause (i) (and subparagraph (C)(i)) shall not apply to any deduction for depletion computed in accordance with section 613A.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 6. ENHANCED OIL RECOVERY CREDIT AND CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE ALLOWED AGAINST MINIMUM TAX. (a) Enhanced Oil Recovery Credit Allowed Against Regular and Minimum Tax.-- (1) Allowing credit against minimum tax.--Subsection (c) of section 38 (relating to limitation based on amount of tax), as amended by section 2(d), is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for enhanced oil recovery credit.-- ``(A) In general.--In the case of the enhanced oil recovery credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the enhanced oil recovery credit). ``(B) Enhanced oil recovery credit.--For purposes of this subsection, the term `enhanced oil recovery credit' means the credit allowable under subsection (a) by reason of section 43(a).'' (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii), as amended by section 2(d), is amended by striking ``or the marginal oil and gas well production credit'' and inserting ``, the marginal oil and gas well production credit, or the enhanced oil recovery credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii), as added by section 2(d), is amended by inserting ``or the enhanced oil recovery credit'' after ``recovery credit''. (b) Credit for Producing Fuel From a Non-conventional Source.-- (1) Allowing credit against minimum tax.--Section 29(b)(6) is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed-- ``(A) the regular tax for the taxable year and the tax imposed by section 55, reduced by ``(B) the sum of the credits allowable under subpart A and section 27.'' (2) Conforming amendments.-- (A) Section 53(d)(1)(B)(iii) is amended by inserting ``as in effect on the date of the enactment of the Domestic Energy Production Security and Stabilization Act,'' after ``29(b)(6)(B),''. (B) Section 55(c)(2) is amended by striking ``29(b)(6),''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 7. 10-YEAR CARRYBACK FOR PERCENTAGE DEPLETION FOR OIL AND GAS PROPERTY. (a) In General.--Subsection (d)(1) of section 613A (relating to limitations on percentage depletion in case of oil and gas wells) is amended to read as follows: ``(1) Limitation based on taxable income.-- ``(A) In general.--The deduction for the taxable year attributable to the application of subsection (c) shall not exceed so much of the taxpayer's taxable income for the year as the taxpayer elects computed without regard to-- ``(i) any depletion on production from an oil or gas property which is subject to the provisions of subsection (c), ``(ii) any net operating loss carryback to the taxable year under section 172, ``(iii) any capital loss carryback to the taxable year under section 1212, and ``(iv) in the case of a trust, any distributions to its beneficiary, except in the case of any trust where any beneficiary of such trust is a member of the family (as defined in section 267(c)(4)) of a settlor who created inter vivos and testamentary trusts for members of the family and such settlor died within the last six days of the fifth month in 1970, and the law in the jurisdiction in which such trust was created requires all or a portion of the gross or net proceeds of any royalty or other interest in oil, gas, or other mineral representing any percentage depletion allowance to be allocated to the principal of the trust. ``(B) Carrybacks and carryforwards.-- ``(i) In general.--If an amount is disallowed as a deduction for the taxable year (in this subparagraph referred to as the `unused depletion year') by reason of application of subparagraph (A), the disallowed amount shall be treated as an amount allowable as a deduction under subsection (c) for-- ``(I) any of the 10 taxable years preceding the unused depletion year, and ``(II) the taxable year following the unused depletion year, subject to the application of subparagraph (A) to such taxable year. ``(ii) Election to waive carryback.--Any taxpayer entitled to a carryback period under this subparagraph may elect to relinquish such carryback for any of the taxable years to which it would apply. Such election made in any taxable year may be revised in the succeeding taxable year in such manner as the Secretary may prescribe. ``(C) Allocation of disallowed amounts.--For purposes of basis adjustments and determining whether cost depletion exceeds percentage depletion with respect to the production from a property, any amount disallowed as a deduction on the application of this paragraph shall be allocated to the respective properties from which the oil or gas was produced in proportion to the percentage depletion otherwise allowable to such properties under subsection (c).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1998, and to any taxable year beginning on or before such date to the extent necessary to apply section 613A(d)(1) of the Internal Revenue Code of 1986 (as added by subsection (a)). SEC. 8. NET INCOME LIMITATION ON PERCENTAGE DEPLETION REPEALED FOR OIL AND GAS PROPERTIES. (a) In General.--Section 613(a) (relating to percentage depletion) is amended by striking the second sentence and inserting: ``Except in the case of oil and gas properties, such allowance shall not exceed 50 percent of the taxpayer's taxable income from the property (computed without allowances for depletion).'' (b) Conforming Amendments.-- (1) Section 613A(c)(7) (relating to special rules) is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (2) Section 613A(c)(6) (relating to oil and natural gas produced from marginal properties) is amended by striking subparagraph (H). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 9. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES AND DELAY RENTAL PAYMENTS. (a) Purpose.--The purpose of this section is to recognize that geological and geophysical expenditures and delay rentals are ordinary and necessary business expenses that should be deducted in the year the expense is incurred. (b) Election To Expense Geological and Geophysical Expenditures.-- (1) In general.--Section 263 (relating to capital expenditures) is amended by adding at the end the following new subsection: ``(j) Geological and Geophysical Expenditures for Oil and Gas Wells.--Notwithstanding subsection (a), a taxpayer may elect to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, oil or gas as expenses which are not chargeable to capital account. Any expenses so treated shall be allowed as a deduction in the taxable year in which paid or incurred.'' (2) Conforming amendment.--Section 263A(c)(3) is amended by inserting ``263(j),'' after ``263(i),''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to expenses paid or incurred after the date of the enactment of this Act. (B) Transition rule.--In the case of any expenses described in section 263(j) of the Internal Revenue Code of 1986, as added by this subsection, which were paid or incurred on or before the date of the enactment of this Act, the taxpayer may elect, at such time and in such manner as the Secretary of the Treasury may prescribe, to amortize the suspended portion of such expenses over the 36-month period beginning with the month in which the date of the enactment of this Act occurs. For purposes of this subparagraph, the suspended portion of any expense is that portion of such expense which, as of the first day of the 36-month period, has not been included in the cost of a property or otherwise deducted. (c) Election To Expense Delay Rental Payments.-- (1) In general.--Section 263 (relating to capital expenditures), as amended by subsection (b)(1), is amended by adding at the end the following new subsection: ``(k) Delay Rental Payments for Domestic Oil and Gas Wells.-- ``(1) In general.--Notwithstanding subsection (a), a taxpayer may elect to treat delay rental payments incurred in connection with the development of oil or gas within the United States (as defined in section 638) as payments which are not chargeable to capital account. Any payments so treated shall be allowed as a deduction in the taxable year in which paid or incurred. ``(2) Delay rental payments.--For purposes of paragraph (1), the term `delay rental payment' means an amount paid for the privilege of deferring the drilling of an oil or gas well under an oil or gas lease.'' (2) Conforming amendment.--Section 263A(c)(3), as amended by subsection (b)(2), is amended by inserting ``263(k),'' after ``263(j),''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to payments made or incurred after the date of the enactment of this Act. (B) Transition rule.--In the case of any payments described in section 263(k) of the Internal Revenue Code of 1986, as added by this subsection, which were made or incurred on or before the date of the enactment of this Act, the taxpayer may elect, at such time and in such manner as the Secretary of the Treasury may prescribe, to amortize the suspended portion of such payments over the 36-month period beginning with the month in which the date of the enactment of this Act occurs. For purposes of this subparagraph, the suspended portion of any payment is that portion of such payment which, as of the first day of the 36-month period, has not been included in the cost of a property or otherwise deducted. SEC. 10. WAIVER OF LIMITATIONS. If refund or credit of any overpayment of tax resulting from the application of the amendments made by this Act is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. <all>

usgpo

2024-06-24T03:05:50.940013

BILLS-106hr1976ih

Automobile Emissions Information Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1976 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1976 To amend the Motor Vehicle Information and Cost Savings Act to require that the fuel economy labels for new automobiles also contain air pollution information that consumers can use to help communities achieve Federal air quality standards. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Bilbray (for himself, Mr. Dooley of California, Mr. Lazio, Mr. Lewis of California, and Mr. Cunningham) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Motor Vehicle Information and Cost Savings Act to require that the fuel economy labels for new automobiles also contain air pollution information that consumers can use to help communities achieve Federal air quality standards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Automobile Emissions Information Act of 1999''. SEC. 2. AIR POLLUTANT EMISSIONS LABELS ON NEW AUTOMOBILES. (a) Amendment of Motor Vehicle Information and Cost Savings Act Requirements.--Section 32908 of title 49 of the United States Code is amended as follows: (1) By adding the following at the end of subsection (b)(1): ``(G) An air pollutant emissions index number representing the composite level of emissions from the automobile of all air pollutants regulated under section 202 of the Clean Air Act, as determined by the Administrator of the Environmental Protection Agency under section 2(b) of the Automobile Emissions Consumer Information Act of 1999. ``(H) The range of the air pollutant emissions index numbers of comparable automobiles of all manufacturers.''. (2) By amending subsection (d) of such section by inserting ``or air pollutant emissions'' after ``fuel costs''. (b) State Subject to Waiver.--Section 32919 of title 49 of the United States Code is amended by inserting ``or air pollutant emissions'' after ``operating costs'' and by adding the following at the end thereof: ``The air pollutant emissions requirements of section 32908 shall not apply in any State for which a waiver is in effect under section 209(b) of the Clean Air Act.''. (c) Composite Emissions Index Number.--For each model of automobile and for each model year, the Administrator of the Environmental Protection Agency shall calculate, under regulations promulgated by the Administrator, provide to the automobile manufacturer, and publish an air pollutant emissions index number representing the composite level of emissions of all air pollutants regulated under section 202 of the Clean Air Act. Such number shall be based on information provided under section 206(e) of the Clean Air Act and shall be weighed by the Administrator on the basis of the relative contribution of emissions from the automobile model concerned to violations of the national ambient air quality standards. (d) Effective Date.--The Administrator shall promulgate regulations under this Act not later than 180 days after the enactment of this Act. This Act and the amendments made by this Act shall take effect with respect to motor vehicle model years beginning after the first model year after the promulgation of such regulations. <all>

usgpo

2024-06-24T03:05:50.965851

BILLS-106hr1978ih

To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in Boise, Idaho.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1978 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1978 To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in Boise, Idaho. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mrs. Chenoweth introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in Boise, Idaho. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERY. (a) In General.--The Secretary of Veterans Affairs shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in Boise, Idaho, to serve the needs of veterans and their families. (b) Authority to Accept Donation of Parcel of Land.--The Secretary of Veterans Affairs may accept on behalf of the United States the gift of the parcel of real property described in subsection (c). The Secretary shall have administrative jurisdiction over such parcel of real property, and shall use such parcel for purposes of establishing and maintaining a national cemetery. (c) Identification of Parcel of Land.--The Secretary shall establish the national cemetery under subsection (a) on the 42 acre parcel of real property, given to the United States for the purpose of such establishment, that is located in the Hidden Hollow Subdivision of Boise, Idaho. (d) Income Tax Treatment of Gift.--For purposes of Federal income, estate, and gift taxes, the real property accepted under this section shall be considered as a gift to the United States. <all>

usgpo

2024-06-24T03:05:51.279315

BILLS-106hr197eh

An act to designate the facility of the United States Postal Service at 410 North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post Office''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 197 Engrossed in House (EH)] 1st Session H. R. 197 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service at 410 North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post Office''. 106th CONGRESS 1st Session H. R. 197 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service at 410 North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION. The facility of the United States Postal Service located at 410 North 6th Street in Garden City, Kansas, is hereby designated as the ``Clifford R. Hope Post Office''. SEC. 2. REFERENCES. Any reference in a law, regulation, map, document, paper, or other record of the United States to the facility referred to in section 1 shall be considered to be a reference to the ``Clifford R. Hope Post Office''. Passed the House of Representatives May 24, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:51.294710

BILLS-106hr1980ih

Workplace Fairness Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1980 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1980 To prohibit employment discrimination on any basis other than factors pertaining to job performance. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Bilbray (for himself and Mr. Kolbe) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary, Government Reform and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit employment discrimination on any basis other than factors pertaining to job performance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Fairness Act of 1999''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity shall not subject an individual to different standards or treatment on any basis other than factors pertaining to job performance in connection with employment or employment opportunities, or beginning on the 91st day of employment following hire or rehire, the compensation, terms conditions, or privileges of employment. SEC. 3. QUOTAS PROHIBITED. A covered entity shall not adopt or implement a quota pursuant to this Act on any basis other than factors pertaining to job performance. SEC. 4. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 5. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 7. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 8. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 9. POSTING NOTICES. A covered entity shall post notices for employees, and for applicants for employment, describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 10. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 11. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual under title VII of the Civil Rights Act of 1964, or any other Federal law or any law of a State or political subdivision of a State. SEC. 12. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 13. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 14. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), except that a reference in such section to employees shall be deemed for purposes of this Act to be a reference to full-time employees. (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``factors pertaining to job performance'' means-- (A) employment history, including referrals from previous employers, (B) ability and willingness to comply with the performance requirements (including attendance and procedures) of the particular employment involved, (C) educational background, (D) any use of a drug or of alcohol, that may adversely affect job performance, (E) any conviction of an offense for which a term of imprisonment exceeding 1 year could have been imposed, (F) any conflict of interest relating to the particular employment involved, (G) seniority recognized under an applicable bona fide seniority system, (H) ability to work well with others (cooperation and teamwork), and (I) insubordination. (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)). <all>

usgpo

2024-06-24T03:05:51.383064

BILLS-106hr1982ih

To name the Department of Veterans Affairs outpatient clinic located at 125 Brookley Drive, Rome, New York, as the ``Donald J. Mitchell Department of Veterans Affairs Outpatient Clinic''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1982 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1982 To name the Department of Veterans Affairs outpatient clinic located at 125 Brookley Drive, Rome, New York, as the ``Donald J. Mitchell Department of Veterans Affairs Outpatient Clinic''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Boehlert (for himself, Mr. King, Mrs. Kelly, Mr. McNulty, Mr. Walsh, Mr. McHugh, Mr. Weiner, Mr. Owens, Mr. LaFalce, Mr. Hinchey, Mr. Quinn, Mr. Gilman, Mr. Serrano, Mr. Meeks of New York, Mr. Ackerman, Mr. Forbes, Mr. Engel, Mr. Lazio, Mr. Fossella, Mrs. Maloney of New York, Mr. Sweeney, Mr. Reynolds, Ms. Slaughter, Ms. Velazquez, Mrs. McCarthy of New York, Mr. Crowley, Mr. Nadler, Mr. Towns, Mr. Houghton, Mr. Rangel, and Mrs. Lowey) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To name the Department of Veterans Affairs outpatient clinic located at 125 Brookley Drive, Rome, New York, as the ``Donald J. Mitchell Department of Veterans Affairs Outpatient Clinic''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC, ROME, NEW YORK. The Department of Veterans Affairs outpatient clinic located at 125 Brookley Drive, Rome, New York, shall after the date of the enactment of this Act be known and designated as the ``Donald J. Mitchell Department of Veterans Affairs Outpatient Clinic''. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Donald J. Mitchell Department of Veterans Affairs Outpatient Clinic. <all>

usgpo

2024-06-24T03:05:51.400704

BILLS-106hr1981ih

Military Reserves Small Business Relief Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1981 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1981 To authorize the Small Business Administration to provide financial and business development assistance to military reservists' small businesses, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Small Business _______________________________________________________________________ A BILL To authorize the Small Business Administration to provide financial and business development assistance to military reservists' small businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reserves Small Business Relief Act''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVES. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(n) Repayment Deferred for Active Duty Reserves.-- ``(1) Deferral of direct loans.-- ``(A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due during the period of deferral described in subparagraph (B) on any direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reserve is ordered to active duty during a period of military conflict and shall terminate on the later of-- ``(i) the date that is 180 days after the date such eligible reserve is discharged or released from active duty; and ``(ii) the date that is 180 days after the date of enactment of this subsection. ``(C) No accrual of interest during deferral.-- During the period of deferral described in subparagraph (B), no interest shall accrue on any deferred loan. ``(2) Applicability.--This subsection shall apply with respect to any period of military conflict beginning on or after August 1, 1990. ``(3) Definitions.--In this subsection: ``(A) Eligible reserve.--The term `eligible reserve' means a member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or an order to remain on active duty, during a period of military conflict. ``(B) Owner, manager, or key employee.--The term `owner, manager, or key employee' means an individual who-- ``(i) has not less than a 20 percent ownership interest in a small business concern described in subparagraph (D)(ii); ``(ii) is a manager responsible for the day-to-day operations of such small business concern; or ``(iii) is a key employee (as defined by the Administration) of such small business concern. ``(C) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by Congress; ``(ii) a period of national emergency declared by Congress or by the President; or ``(iii) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code. ``(D) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible reserve and who received a direct loan under subsection (a) or (b) before being called or ordered to active duty, or being ordered to remain on active duty, during a period of military conflict; or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reserve, who is an owner, manager, or key employee, was called or ordered to active duty, or was ordered to remain on active duty, during a period of military conflict.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVES' SMALL BUSINESSES. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins with ``Provided, That no loan'', the following: ``(3)(A) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern (including a small business concern engaged in the lease or rental of real or personal property) that has suffered or that is likely to suffer economic injury as the result of a call or order to active military duty, or an order to remain on active duty, of an owner, manager, or key employee of such small business concern during a period of military conflict. ``(B) Any loan or guarantee extended pursuant to this paragraph shall be made at an annual interest rate of 4 percent, without regard to the ability of the small business concern to secure credit elsewhere. ``(C) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $500,000, except that the Administration may waive the $500,000 limitation if the Administration determines that the applicant for the loan constitutes a major source of employment in its surrounding area, and such area is not larger than the surrounding county. ``(D) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required. ``(E) This paragraph shall apply with respect to any period of military conflict beginning on or after August 1, 1990. ``(F) In this paragraph-- ``(i) the term `economic injury' means an economic harm to a business concern that results in the inability of the business concern to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern; ``(ii) the term `owner, manager, or key employee' means an individual who-- ``(I) has not less than a 20 percent ownership interest in the small business concern; ``(II) is a manager responsible for the day-to-day operations of such small business concern; or ``(III) is a key employee (as defined by the Administration) of such small business concern; and ``(iii) the term `period of military conflict' has the meaning given the term in subsection (n)(3).''. (b) Conforming Amendments.--Section 4(c) of the Small Business Act (15 U.S.C. 633(c)) is amended-- (1) in paragraph (1), by striking ``7(b)(4),''; and (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8),''. SEC. 4. REGULATIONS. Not later than 60 days after the date of enactment of this Act, the Small Business Administration shall issue such regulations as may be necessary to carry out the amendments made by sections 2 and 3. <all>

usgpo

2024-06-24T03:05:51.475240

BILLS-106hr197rfs

An act to designate the facility of the United States Postal Service at 410 North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post Office''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 197 Referred in Senate (RFS)] 1st Session H. R. 197 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 27, 1999 Received; read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service at 410 North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION. The facility of the United States Postal Service located at 410 North 6th Street in Garden City, Kansas, is hereby designated as the ``Clifford R. Hope Post Office''. SEC. 2. REFERENCES. Any reference in a law, regulation, map, document, paper, or other record of the United States to the facility referred to in section 1 shall be considered to be a reference to the ``Clifford R. Hope Post Office''. Passed the House of Representatives May 24, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:51.508506

BILLS-106hr1986ih

To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1986 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1986 To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Ms. Dunn (for herself, and Mr. Shaw, and Mr. Portman) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXCLUSION FROM GROSS INCOME OF QUALIFIED LESSEE CONSTRUCTION ALLOWANCES NOT LIMITED TO SHORT-TERM LEASES. (a) In General.--Paragraph (1) of section 110(a) of the Internal Revenue Code of 1986 (relating to qualified lessee construction allowances for short-term leases) is amended to read as follows: ``(1) under a lease of retail space, and''. (b) Conforming Amendments.-- (1) Section 110(c) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) The section heading for section 110 of such Code is amended by striking ``for short-term leases''. (3) The item relating to section 110 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking ``for short-term leases''. (c) Effective Date.--The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act. SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN CONTRIBUTIONS TO THE CAPITAL OF RETAILERS. (a) In General.--Section 118 of the Internal Revenue Code of 1986 (relating to contributions to the capital of a corporation) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Safe Harbor for Contributions to Retailers.-- ``(1) General rule.--For purposes of this section, the term `contribution to the capital of the taxpayer' includes any amount of money or other property received by the taxpayer if-- ``(A) the taxpayer has entered into an agreement to operate (or cause to be operated) a qualified retail business at a particular location for a period of at least 15 years, ``(B)(i) immediately after the receipt of such money or other property, the taxpayer owns the land to be used by the taxpayer in carrying on a qualified retail business at such location, or ``(ii) the taxpayer uses such amount to acquire ownership of at least such land, and ``(C) such amount meets the requirements of the expenditure rule of paragraph (2). ``(2) Expenditure rule.--An amount meets the requirements of this paragraph if-- ``(A) an amount equal to such amount is expended for the acquisition of land or for acquisition or construction of other property described in section 1231(b)-- ``(i) which was the purpose motivating the contribution, and ``(ii) which is used predominantly in a qualified retail business at the location referred to in paragraph (1)(A), ``(B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year after the year in which such amount was received, and ``(C) accurate records are kept of the amounts contributed and expenditures made on the basis of the project for which the contribution was made and on the basis of the year of the contribution expenditure. ``(3) Definition of qualified retail business.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified retail business' means a trade or business of selling tangible personal property to the general public. ``(B) Services.--A trade or business shall not fail to be treated as a qualified retail business by reason of sales of services if such sales are incident to the sale of tangible personal property or if the services are de minimis in amount. ``(4) Special rules.-- ``(A) Leases of land.--For purposes of paragraph (1)(B)(i), the taxpayer shall be treated as owning the land referred to in such paragraph if the taxpayer is the lessee of such land under a lease having a term of at least 30 years and on which only nominal rent is required. ``(B) Controlled groups.--For purposes of this subsection, all taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer. ``(5) Disallowance of deductions and credits; adjusted basis.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, the expenditure which constitutes a contribution to capital to which this subsection applies. The adjusted basis of any property acquired with the contributions to which this subsection applies shall be reduced by the amount of the contributions to which this subsection applies.'' (b) Conforming Amendment.--Subsection (e) of section 118 of such Code (as redesignated by subsection (a)) is amended by adding at the end the following flush sentence: ``Rules similar to the rules of the preceding sentence shall apply to any amount treated as a contribution to the capital of the taxpayer under subsection (d).'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:51.816636

BILLS-106hr1987ih

Fair Access to Indemnity and Reimbursement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1987 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1987 To allow the recovery of attorneys' fees and costs by certain employers and labor organizations who are prevailing parties in proceedings brought against them by the National Labor Relations Board or by the Occupational Safety and Health Administration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Goodling introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To allow the recovery of attorneys' fees and costs by certain employers and labor organizations who are prevailing parties in proceedings brought against them by the National Labor Relations Board or by the Occupational Safety and Health Administration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Indemnity and Reimbursement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Certain small businesses and labor organizations are at a great disadvantage in terms of expertise and resources when facing actions brought by the National Labor Relations Board or by the Occupational Safety and Health Administration. (2) The attempt to ``level the playing field'' for small businesses and labor organizations by means of the Equal Access to Justice Act has proven ineffective and has been underutilized by these small entities in their actions before the National Labor Relations Board and before the Occupational Safety and Health Review Commission. (3) The greater expertise and resources of the National Labor Relations Board and the Occupational Safety and Health Administration as compared with those of small businesses and labor organizations necessitate a standard that awards fees and costs to certain small entities when they prevail against the National Labor Relations Board or against the Occupational Safety and Health Administration. (b) Purpose.--It is the purpose of this Act-- (1) to ensure that certain small businesses and labor organizations will not be deterred from seeking review of, or defending against, actions brought against them by the National Labor Relations Board or by the Occupational Safety and Health Administration because of the expense involved in securing vindication of their rights; (2) to reduce the disparity in resources and expertise between certain small businesses and labor organizations and the National Labor Relations Board and the Occupational Safety and Health Administration; and (3) to make the National Labor Relations Board and the Occupational Safety and Health Administration more accountable for their enforcement actions against certain small businesses and labor organizations by awarding fees and costs to these entities when they prevail against the National Labor Relations Board or in proceedings before the Occupational Safety and Health Review Commission. SEC. 3. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. The National Labor Relations Act (29 U.S.C. 151 and following) is amended by adding at the end the following new section: ``awards of attorneys' fees and costs ``Sec. 20. (a) Administrative Proceedings.--An employer who, or labor organization that-- ``(1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act; and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 4. APPLICABILITY OF NLRA AMENDMENT. (a) Agency Proceedings.--Subsection (a) of section 20 of the National Labor Relations Act, as added by section 3 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 20 of the National Labor Relations Act, as added by section 3 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act. SEC. 5. AMENDMENT TO OCCUPATIONAL SAFETY AND HEALTH ACT. The Occupational Safety and Health Act (29 U.S.C. 651 and following) is amended by inserting after section 12 at the end the following new section: ``awards of attorneys' fees and costs ``Sec. 12A. (a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in an adversary adjudication before the Occupational Safety and Health Review Commission under this or any other Act, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary of Labor was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of an action by the Occupational Safety and Health Review Commission, brought by or against the Secretary or the Commission, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 6. APPLICABILITY OF OSHA AMENDMENT. (a) Agency Proceedings.--Subsection (a) of section 12A of the Occupational Safety and Health Act, as added by section 5 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 12A of the Occupational Safety and Health Act, as added by section 5 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:51.851865

BILLS-106hr1988ih

To establish the National Commission on Youth Crime and School Violence.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1988 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1988 To establish the National Commission on Youth Crime and School Violence. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Ms. Granger introduced the following bill; which was referred to the Committee on Education and the Workforce. _______________________________________________________________________ A BILL To establish the National Commission on Youth Crime and School Violence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on Youth Crime and School Violence'' (in this Act referred to as the ``Commission''). SEC. 2. DUTY OF COMMISSION. The Commission shall make recommendations on how to deter youth crime and protect children from violence in schools. SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members appointed from among persons who are not officers or employees of any government, as follows: (1) 2 members appointed by the President. (2) 2 members appointed by the Speaker of the House of Representatives. (3) 2 members appointed by the Majority Leader of the Senate. (4) 1 member appointed by the Minority Leader of the Senate. (5) 1 member appointed by the Minority Leader of the House of Representatives. (b) Term of Office.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Special rule.--A member who is appointed to the Commission and who becomes an officer or employee of a government may not continue as a member. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Chairperson.--The Chairperson of the Commission shall be elected by the members. For purposes of such election, the provisional Chairperson shall be designated by the President. (e) Pay and Travel Expenses.-- (1) Rate of pay.--Each Commission member shall each be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the members are engaged in the actual performance of duties vested in the Commission. (2) Travel expenses.--Each Commission member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 4. DIRECTOR AND STAFF. (a) Director.--The Commission shall appoint a Director without regard to section 5311(b) of title 5, United States Code. The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff.-- (1) In general.--Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) Inapplicability of certain civil service laws.--The Director may make such appointments subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--On request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) Administrative Support Services.--On the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 5. POWERS OF COMMISSION. (a) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (b) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. REPORTS. (a) Interim Report.--Within 6 months after the date of the enactment of this Act, the Commission shall submit to the Speaker, the Minority Leader, and Committee on the Judiciary of the House of Representatives, and the Majority Leader, Minority Leader, and Committee on the Judiciary of the Senate, an interim report on the activities of the Commission under this Act. (b) Final Report.--Not later than May 31, 2000, the Commission shall transmit to the officials specified in subsection (a) a final report. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation, administrative action, and such other action as the Commission considers appropriate. SEC. 7. TERMINATION. The Commission shall terminate 15 days after submitting its final report pursuant to section 6(b). <all>

usgpo

2024-06-24T03:05:51.881714

BILLS-106hr1983ih

Agricultural Credit Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1983 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1983 To amend the Consolidated Farm and Rural Development Act to improve the agricultural credit programs of the Department of Agriculture, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mrs. Clayton (for herself, Mr. Pomeroy, Mrs. Thurman, Mr. Etheridge, Mr. Pastor, Mr. Towns, and Mr. Bishop) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Consolidated Farm and Rural Development Act to improve the agricultural credit programs of the Department of Agriculture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Act of 1999''. SEC. 2. DEFINITION OF DEBT FORGIVENESS. Section 343(a)(12)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as follows: ``(B) Exceptions.--The term `debt forgiveness' does not include-- ``(i) consolidation, rescheduling, reamortization, or deferral of a loan; ``(ii) a write-down during the lifetime of the borrower that is due to a financial problem of the borrower relating to a natural disaster or a medical condition of the borrower or an immediate family member of the borrower (or, in the case of a borrower that is an entity, a principal owner of the borrower or an immediate family member of such an owner); or ``(iii) any write-down provided as a part of a resolution of a discrimination complaint against the Secretary.''. SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS. Section 373(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)) is amended to read as follows: ``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt Forgiveness.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may not make or guarantee a loan under subtitle A or B to a borrower who, on more than 2 occasions, received debt forgiveness on a loan made or guaranteed under this title. ``(2) Exceptions.--The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who-- ``(A) was restructured with a write-down under section 353; or ``(B) is current on payments under a confirmed reorganization plan under chapter 11, 12, or 13 of title 11, United States Code.''. SEC. 4. MARGIN REQUIREMENTS. (a) Eligibility for Farmer Program Loan Guarantees.--Section 339(b)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1989(b)(3)) is amended by striking ``, including expenses of replacing capital items (determined after taking into account depreciation of the items)''; and (b) Restructured Loan Valuation Determinations.--Section 353(c)(3)(C) of such Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``100 percent'' and inserting ``110 percent''. SEC. 5. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. Section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated within such State'' and inserting ``in the first 10 months of the fiscal year may be pooled and reallocated for use of socially disadvantaged farmers and ranchers in other States as determined by the Secretary, in excess of the funds otherwise allocated in accordance with this section''. SEC. 6. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS OR EMERGENCIES. (a) Direct Operating Loans.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``Subject to paragraph (3), the'' and inserting ``The''; (B) in subparagraph (B), by striking ``or''; (C) in subparagraph (C), by striking the period and inserting ``; or''; and (D) by adding at the end the following: ``(D) is operating in an area which, during the previous or current crop year-- ``(i) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(ii) has suffered from an economic emergency, as determined by the Secretary.''; and (2) by striking paragraph (3). (b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7 U.S.C. 1949(b)(2)) is amended to read as follows: ``(2) Disasters and emergencies.--A farmer or rancher shall be eligible to receive a guaranteed operating loan under this subtitle if the borrower is operating in an area which, during the preceding or current crop year-- ``(A) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(B) has suffered from an economic emergency, as determined by the Secretary.''. SEC. 7. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT. (a) In General.--Section 353(e)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``, and 50'' and inserting ``, 50 percent if the recapture occurs after 4 years and within 8 years after the restructuring, and 35''. (b) Applicability.--The amendment made by subsection (a) shall apply to shared appreciation arrangements with respect to which recapture has not occurred, regardless of whether the arrangements were entered into before, on, or after the date of the enactment of this Act. SEC. 8. TECHNICAL CORRECTION. Section 353 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001) is amended-- (1) by striking subsection (m); and (2) by redesignating subsections (n) and (o) as subsections (m) and (n), respectively. <all>

usgpo

2024-06-24T03:05:51.907412

BILLS-106hr1984ih

Elderly Protection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1984 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1984 To prevent the abuse of elderly people. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Crowley (for himself, Ms. Slaughter, Mrs. Clayton, Ms. Kilpatrick, Ms. Eddie Bernice Johnson of Texas, and Mr. Bentsen) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary, Banking and Financial Services, Ways and Means, Commerce, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prevent the abuse of elderly people. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Elderly Protection Act''. TITLE I--FEDERAL PROHIBITION OF VIOLENCE AGAINST THE ELDERLY AND ADDITIONAL ASSISTANCE FOR PROGRAMS TO COMBAT THAT VIOLENCE SEC. 101. FEDERAL PROHIBTION OF VIOLENCE AGAINST THE ELDERLY. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 27 the following new chapter: ````CHAPTER 28--ELDER ABUSE ``Sec. ``571. Elder abuse. ``Sec. 571. Elder abuse ``(a) Whoever, in a circumstance described in subsection (b), willfully, because of a senior's age, causes bodily or psychological injury to that senior, or attempts to cause bodily injury to that senior shall be punished as provided in subsection (c). ``(b) The circumstances referred to in subsection (a) are any of the following: ``(1) The defendant or the victim are travelling in interstate or foreign commerce at the time of the offense or in connection with the offense. ``(2) The defendant or the victim use an instrumentality of interstate or foreign commerce at the time of the offense or in connection with the offense. ``(3) The offense is in or affect interstate or foreign commerce. ``(c) A person who violates subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, except that if death results from the offense, or the victim of the offense was kidnapped or subjected to an actual or attempted act that would constitute aggravated sexual abuse as defined in section 2241 had that act occurred in a Federal prison, the maximum term of imprisonment is any term or years of for life. ``(d) In this section, the term `senior' means a person who has attained the age of 62 years.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by adding after the item relating to chapter 27 the following new item: ``28. Elder abuse........................................... 571''. (c) Authorization of Appropriations.--In addition to any other authorization of appropriations for this purpose, there are authorized to be appropriated such sums as may be necessary for additional personnel and other resources for the enforcement of section 571 of title 18, United States Code. TITLE II--DOMESTIC VIOLENCE PREVENTION SEC. 201. AUTHORIZATION OF APPROPRIATIONS. The budget authority under section 5(c) of the United States Housing Act of 1937 for assistance under subsections (b) and (o) of section 8 of such Act is authorized to be increased by $50,000,000 on or after October 1, 1998, and by such sums as may be necessary on or after October 1, 1999. SEC. 202. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE. Amounts available pursuant to section 201 shall be made available by the Secretary of Housing and Urban Development only to public housing agencies and qualified nonprofit organizations only for use for providing tenant-based rental assistance on behalf of families victimized by domestic violence who have left or are leaving a residence as a result of the domestic violence. SEC. 203. TRANSITIONAL COMPENSATION. Section 1059 of title 10, United States Code, is amended-- (1) in subsection (e)(1)(A), by inserting ``that includes dependent-abuse as an underlying or principal factor'' after ``for a dependent-abuse offense''; (2) in subsection (e)(1)(B), by inserting ``underlying, partial, or principal'' before ``basis''; and (3) in subsection (g)(2), by striking ``the Secretary may not resume such payments'' and inserting ``the Secretary may resume such payments if the Secretary determines that there was ongoing abuse. Any such determination as to such a resumption of payments shall be reviewed by the Secretary on a case-by- case basis.''. SEC. 204. HEALTH BENEFITS. Paragraph (1) of section 1076(e) of title 10, United States Code, is amended to read as follows: ``(1) The administering Secretary shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that the abused dependent is in receipt of transitional compensation under section 1059 of this title, with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were applicable for that abused dependent during the period of active service of the former member.''. SEC. 205. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS FOR OLDER INDIVIDUALS. Section 422(b) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting a semicolon; and (3) by adding at the end the following: ``(13) expand access to domestic violence shelters and programs for older individuals and encourage the use of senior housing, nursing homes, or other suitable facilities or services when appropriate as emergency short-term shelters or measures for older individuals who are the victims of elder abuse, including domestic violence, and sexual assault, against older individuals; and ``(14) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters, such as impediments to provision of the services in coordination with delivery of health care or senior services.''. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. (a) Ombudsman Program.--Section 702(a) of the Older Americans Act of 1965 (42 U.S.C. 3058a(a)) is amended to read as follows: ``(a) Ombudsman Program.--There are authorized to be appropriated to carry out chapter 2 such sums as may be necessary without fiscal year limitation.''. (b) Elder Abuse Prevention Program.--Section 702(b) of the Older Americans Act of 1965 (42 U.S.C. 3058a(b)) is amended to read as follows: ``(b) Prevention of Elder Abuse, Neglect, and Exploitation.--There are authorized to be appropriated to carry out chapter 3 such sums as may be necessary without fiscal year limitation.''. SEC. 207. COMMUNITY INITIATIVES AND OUTREACH. Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et seq.) is amended-- (1) by redesignating subtitle C as subtitle D; (2) by redesignating sections 761 through 764 as sections 771 through 774, respectively; and (3) by inserting after subtitle B the following: ``Subtitle C--Community Initiatives and Outreach ``SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER ABUSE, NEGLECT, AND EXPLOITATION. ``The Secretary shall make grants to nonprofit private organizations to support projects in local communities, involving diverse sectors of each community, to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals. ``SEC. 762. OUTREACH TO OLDER INDIVIDUALS. ``The Secretary shall make grants to develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation (including domestic violence, and sexual assault, against older individuals), including programs directed toward assisting the individuals in senior housing complexes and senior centers. ``SEC. 763. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle such sums as may be necessary without fiscal year limitation.''. SEC. 208. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF PROVISIONS REGARDING IDENTIFICATION AND REFERRAL FOR ELDER ABUSE AND NEGLECT. (a) Title VII Programs; Preferences in Financial Awards.--Section 791 of the Public Health Service Act (42 U.S.C. 295j) as amended in title VIII of this Act, is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following subsection: ``(d) Preferences Regarding Training in Identification and Referral of Victims of Elder Abuse and Neglect.-- ``(1) In general.--In the case of a health professions entity specified in paragraph (2), the Secretary shall, in making awards of grants or contracts under this title, give preference to any such entity (if otherwise a qualified applicant for the award involved) that has in effect the requirement that, as a condition of receiving a degree or certificate (as applicable) from the entity, each student have had significant training (such as training conducted in accordance with curricula or programs authorized under section 411(f) of the Older Americans Act of 1965 (42 U.S.C. 3031(f))), in carrying out the following functions as a provider of health care: ``(A) Identifying victims of elder abuse and neglect, including domestic violence, and sexual assault, against older individuals, and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries. ``(B) Examining and treating such victims, within the scope of the health professional's discipline, training, and practice, including, at a minimum, providing medical advice regarding the dynamics and nature of elder abuse and neglect. ``(C) Referring the victims to public and nonprofit private entities that provide services for such victims. ``(2) Relevant health professions entities.--For purposes of paragraph (1), a health professions entity specified in this paragraph is any entity that is a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing (as defined in section 298b), a program for the training of physician assistants, or a program for the training of allied health professionals. ``(3) Report to congress.--Not later than 2 years after the date of the enactment of the Elder Abuse Identification and Referral Act of 1998, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report specifying-- ``(A) the health professions entities that are receiving preference under paragraph (1); ``(B) the number of hours of training required by the entities for purposes of such paragraph; ``(C) the extent of clinical experience so required; and ``(D) the types of courses through which the training is being provided. ``(4) Definitions.--In this subsection: ``(A) In general.--The terms `abuse', `neglect', `domestic violence', and `older individual' have the meanings given the terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ``(B) Elder abuse and neglect.--The term `elder abuse and neglect' means abuse and neglect of an older individual. ``(C) Sexual assault.--The term `sexual assault' has the meaning given the term in section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).''. (b) Title VIII Programs; Preferences in Financial Awards.--Section 860 of the Public Health Service Act (42 U.S.C. 298b-7) as amended by title VIII of this Act is amended by adding at the end the following: ``(g) Preferences Regarding Training in Identification and Referral of Victims of Elder Abuse and Neglect.-- ``(1) In general.--In the case of a health professions entity specified in paragraph (2), the Secretary shall, in making awards of grants or contracts under this title, give preference to any such entity (if otherwise a qualified applicant for the award involved) that has in effect the requirement that, as a condition of receiving a degree or certificate (as applicable) from the entity, each student have had significant training (such as training conducted in accordance with curricula or programs authorized under section 411(g) of the Older Americans Act of 1965 (42 U.S.C. 3031(f))), in carrying out the following functions as a provider of health care: ``(A) Identifying victims of elder abuse and neglect, including domestic violence, and sexual assault, against older individuals, and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries. ``(B) Examining and treating such victims, within the scope of the health professional's discipline, training, and practice, including, at a minimum, providing medical advice regarding the dynamics and nature of elder abuse and neglect. ``(C) Referring the victims to public and nonprofit private entities that provide services for such victims. ``(2) Relevant health professions entities.--For purposes of paragraph (1), a health professions entity specified in this paragraph is any entity that is a school of nursing or other public or nonprofit private entity that is eligible to receive an award described in such paragraph. ``(3) Report to congress.--Not later than 2 years after the date of the enactment of the Elder Abuse Identification and Referral Act of 1998, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report specifying-- ``(A) the health professions entities that are receiving preference under paragraph (1); ``(B) the number of hours of training required by the entities for purposes of such paragraph; ``(C) the extent of clinical experience so required; and ``(D) the types of courses through which the training is being provided.''. (c) Conforming Amendment.--Section 411(f) of the Older Americans Act of 1965 (as added by section 605-4) is amended by adding at the end the following: ``(3) In carrying out paragraph (1), the Secretary shall provide information about the curricula and training programs to entities described in sections 791(d)(2) and 860(f)(2) of the Public Health Service Act (42 U.S.C. 295j(c)(2) and 298b-7(f)(2)) that seek grants or contracts under title VII or VIII of such Act.''. TITLE III--ELDERLY AND DISABLED PROTECTION SEC. 301. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This title may be cited as the ``Elderly and Disabled Protection Act of 1999''. (b) Table of Contents.--The table of contents of this title is as follows: Sec. 301. Short title; table of contents. Sec. 302. Requiring background checks for direct care employees in nursing facilities, home health agencies, and hospice programs. Sec. 303. Expanded role of State direct care employee registries; national registry coordination system; procedures for background checks. Sec. 304. Definitions. SEC. 302. REQUIRING BACKGROUND CHECKS FOR DIRECT CARE EMPLOYEES IN NURSING FACILITIES, HOME HEALTH AGENCIES, AND HOSPICE PROGRAMS. (a) Requirements.-- (1) In general.--A covered facility in a State-- (A) may not employ (directly or through an agency) any individual as a direct care employee unless the facility has requested from the State direct care employee registry a background check; (B) may not employ such an individual or continue such employment if the report on such background check reveals that the individual has been convicted of a disqualifying crime; and (C) shall report to such registry documented findings of patient abuse by a direct care employee. (2) Employment pending report.--Nothing in this subsection shall be construed as preventing a covered facility from-- (A) seeking a background check on prospective direct care employees before they are employed; or (B) employing direct care employees during the period in which a background check has been sought under paragraph (1)(A) and before a report on such check has been provided to the facility under paragraph (1)(B). (b) Penalties.--In addition to any other sanctions provided under law-- (1) In general.--A covered facility that violates subsection (a)(1)(A) shall be subject to a civil penalty in an amount not to exceed-- (A) for the first such violation, $2,000; and (B) for the second and each subsequent violation within any 5-year period, $5,000. (2) Knowing retention of worker.--In addition to any civil penalty under paragraph (1), a covered facility that-- (A) knowingly continues to employ a direct care employee in violation of subsection (a)(1)(B); or (B) knowingly fails to submit a report required under subsection (a)(1)(C); shall be subject to a civil penalty in an amount not to exceed $5,000 for the first such violation, and $10,000 for the second and each subsequent violation within any 5-year period. (c) Enforcement Through Medicare and Medicaid Programs.-- (1) Nursing facilities.-- (A) Medicare program.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(8) Requirement for background checks for direct care personnel.--A skilled nursing facility shall comply with the requirements of section 2(a) of the Elderly and Disabled Protection Act of 1998 with respect to any direct care employee it employs.''. (B) Medicaid program.--Section 1919(b) of such Act (42 U.S.C. 1396r(b)) is amended by adding at the end the following new paragraph: ``(8) Requirement for background checks for direct care personnel.--A nursing facility shall comply with the requirements of section 2(a) of the Elderly and Disabled Protection Act of 1998 with respect to any direct care employee it employs.''. (2) Home health agencies and hospice programs.-- (A) Medicare program.-- (i) Home health agencies.--Section 1891(a) of such Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following: ``(7) The agency complies with the requirements of section 2(a) of the Elderly and Disabled Protection Act of 1998 with respect to any direct care employee it employs.''. (ii) Hospice programs.--Section 1861(dd)(2)(G) of such Act (42 U.S.C. 1395x(dd)(2)(G)) is amended by inserting before the period at the end the following: ``, including compliance with the requirements of section 2(a) of the Elderly and Disabled Protection Act of 1998 with respect to any direct care employee it employs''. (B) Medicaid program.--Section 1902(a)(57) of such Act (42 U.S.C. 1396a(a)(57)) is amended-- (i) by inserting ``(A)'' after ``(57)''; and (ii) by adding at the end the following: ``(B) provide that each provider of home health care or personal care services and each hospice program receiving funds under the plan shall comply with the requirements of section 2(a) of the Elderly and Disabled Protection Act of 1998 with respect to any direct care employee it employs;''. (d) Effective Dates.--The requirements of subsection (a) shall apply with respect to a covered facility-- (1) beginning as of such date (specified by the Secretary and not later than 60 days after the date the Secretary has established the national registry coordination system under section 3(b)), with respect to the hiring of individuals as a direct care employee by the facility on and after such date; and (2) as of 1 year after the date described in paragraph (1), with respect to individuals first employed as such an employee before the date described in such paragraph. SEC. 303. EXPANDED ROLE OF STATE DIRECT CARE EMPLOYEE REGISTRIES; NATIONAL REGISTRY COORDINATION SYSTEM; PROCEDURES FOR BACKGROUND CHECKS. (a) Expanded Role of Registry.-- (1) In general.--Each State shall expand its direct care employee registry established under sections 1819(e)(2) and 1919(e)(2) of the Social Security Act to carry out the following functions: (A) Receipt of requests.--The registry shall provide for the receipt of requests for background checks described in section 2(a)(1). (B) Conduct of background checks.--Upon receipt of such a request with respect to an individual, the registry, in coordination with the national registry coordination system established by the Secretary under subsection (b) and in accordance with this section, shall provide for the performance of (or the collection of information concerning) a background check (including a criminal background check and an abusive work history background check) requested under section 2(a) and for the submittal of a background check report (as defined in paragraph (2)) on such check to the requesting facility. (C) Provision of information to national registry coordination system.--The registry shall provide for the reporting to the national registry coordination system of-- (i) a criminal background check summary (as defined in paragraph (3)) on any individual on whom it obtains a criminal background check under subsection (c)(3); and (ii) the identity of any individual for whom the registry has documented findings of patient abuse and such additional information as the State registry involved may disclose concerning such findings. (2) Background check report defined.--For purposes of this section, the term ``background check report'' means, with respect to a background check concerning an individual, a statement containing the following: (A) Whether the individual has been convicted of a disqualifying crime. (B) Whether there are documented findings of patient abuse by the individual in a State direct care employee registry and, if so, such additional information as the State registry involved may disclose concerning such findings. Such report shall not include information from the criminal background check other than the information described in subparagraph (A). (3) Criminal background check summary defined.--For purposes of this section, the term ``criminal background check summary'' means, with respect to a criminal background check concerning an individual, the following information: (A) The identity of the individual. (B) The date of the criminal background check. (C) Whether the check revealed that-- (i) the individual had not been convicted of any crime, (ii) the individual has been convicted of a national disqualifying crime, or (iii) the individual has been convicted of a crime that is not a national disqualifying crime. (4) Conforming medicare and medicaid amendments.--Sections 1819(e)(2) and 1919(e)(2) of the Social Security Act (42 U.S.C. 1395i-3(e)(2), 1396r(e)(2)) are each amended-- (A) in subparagraph (C), by striking ``A State'' and inserting ``Subject to section 3(e) of the Elderly and Disabled Protection Act of 1998, a State'', and (B) by adding at the end the following new subparagraph: ``(D) Expanded functions.--Effective not later than 90 days after the date of the establishment of the national registry coordination system under section 3(b) of the Elderly and Disabled Protection Act of 1998, the State shall-- ``(i) modify the operations of its registry so it performs the functions required under section 3(a) of such Act; and ``(ii) provide for the specification of a State agency that is separate from the registry and that will be responsible for the performance of criminal background checks under such section.''. (b) National Registry Coordination System.-- (1) Establishment.--The Secretary shall establish methods by which State direct care registries can pool and share information regarding individuals concerning criminal background check summaries and the existence of documented findings of patient abuse. (2) Deadline for establishing system.--The Secretary shall provide for the establishment of the national registry coordination system by not later than 1 year after the date of the enactment of this Act. (3) Consultation with fbi on criminal background checks.-- In carrying out this Act with respect to criminal background checks, the Secretary shall consult with the Director of the Federal Bureau of Investigation. (c) Procedures for Criminal Background Checks.--A registry shall carry out its responsibilities under subsection (a)(1)(B), in relation to a criminal background check with respect to an individual, in a manner consistent with the following: (1) Determination of whether recent criminal background check done.--The registry shall determine whether the registry (or, through the national registry coordination system, the direct care employee registry of another State) has obtained a criminal background check on the individual within the previous year. (2) Use of previous background check.--If there has been such a check done within such period, if the check revealed that-- (A) the individual had not been convicted of any crime, the registry need not request a new criminal background check and may assume that the individual has not been convicted of any disqualifying crime; (B) the individual has been convicted of a national or state disqualifying crime, the registry need not request a new criminal background check and shall treat the individual as having been convicted of a disqualifying crime; or (C) the individual has been convicted of a crime that is not a national or state disqualifying crime and the State has disqualifying crimes that are other than national disqualifying crimes, the registry shall request a criminal background check as provided under paragraph (3). (3) Requesting state criminal background check agency to obtain criminal background check.--If there has not been such a check done within such period or in the case described in paragraph (2)(C), the registry shall request the State criminal background check agency of the State-- (A) to perform a criminal background check on the individual; (B) to determine, on the basis of such check, whether the individual-- (i) has not been convicted of any crime; (ii) has been convicted of a national disqualifying crime; or (iii) has been convicted of a crime that is a State disqualifying crime; and (C) to submit to the registry a criminal background check summary on the individual. (4) Application of certain procedures for criminal background checks.--Under regulations of the Secretary, the following provisions in section 3 of the National Child Protection Act of 1993 (Public Law 103-209) shall apply to criminal background checks required of a direct care employee with respect to a covered facility to be performed under this Act in the same manner as they apply to providers with respect to qualified entities: (A) Subsection (a)(2) (relating to access to records and timeliness of response). (B) Subsection (b) (relating to guidelines on background checks), other than paragraph (1)(B), except that denial of unsupervised access under paragraph (1)(E) shall be treated for purposes of this section as a denial of unsupervised access to patients in covered facilities and determinations under paragraph (4) shall be made only with respect to crimes relating to patient abuse. (C) Subsection (c) (relating to authority of Attorney General). (D) Subsection (d) (relating to limitation on liability). (d) Procedures for Abusive Work History Background Checks.--A registry shall carry out its responsibilities under subsection (a)(1)(B), in relation to abusive work history background check with respect to an individual, in a manner consistent with the following: (1) Inclusion of information on documented findings of patient abuse.--The registry shall maintain a list of all individuals in the State who are (or were) direct care employees and with respect to whom there are specific documented findings of patient abuse, as well as any brief statement of the individual disputing the findings. Such findings shall be made available in the same manner as findings described in sections 1819(c)(2)(B) and 1919(c)(2)(B) of the Social Security Act. (2) Forwarding information on individuals with documented findings of patient abuse.--If the registry has a documented finding described in paragraph (1) with respect to an individual, the registry-- (A) shall provide the national registry coordination system with-- (i) information on the identity of the individual and the State; (ii) information on the fact that such a finding was made; and (iii) such additional information respecting the finding as the Secretary may require; and (B) shall provide, to another State direct care employee registry that requests information on an individual for whom such a documented finding has been made through the system, information respecting the finding. (e) Fees.--A State may assess a covered facility a fee for the conduct of a background check under section 2(a) in an amount that does not exceed the actual cost to the State of obtaining the criminal background check and the abusive work history background check on an individual. Such a facility may recover all of the fee from the individual involved. SEC. 304. DEFINITIONS. For purposes of this Act: (1) Background check; criminal background check; abusive work history background check.-- (A) Background check.--The term ``background check'' includes a criminal background check and an abusive work history background check. (B) Criminal background check.--The term ``criminal background check'' means a check of the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification for the purpose of determining whether an individual has been convicted of a disqualifying crime. (C) Abusive work history background check.--The term ``abusive work history background check'' means, with respect to an individual, a check of State direct care employee registries for the purpose of determining whether there is a documented finding that the individual was involved in patient abuse. (2) Covered facility.--The term ``covered facility'' means a nursing facility (including a skilled nursing facility), home health agency, or hospice program which receives payment under any federally funded program. (3) Direct care employee.-- (A) In general.--The term ``direct care employee'' means a nurse aide, home health care aide, personal care assistant, private duty nurse aide, day attendant, housekeeper, library attendant, laundry assistant, or similar worker who performs nursing or related tasks involving direct patient care in a covered facility. (B) Exclusions.--Such term does not include an individual-- (i) who is a physician, physician assistant, nurse practitioner, physical, speech, or occupational therapist, physical or occupational therapy assistant, registered professional nurse, licensed practical nurse, or licensed or certified social worker, or registered dietitian; (ii) who volunteers to provide such services without monetary compensation; or (iii) who meets such other requirements as the Secretary may specify. (4) Disqualifying crime; national disqualifying crime; state disqualifying crime.-- (A) Disqualifying crime.--The term ``disqualifying crime'' means, with respect to an individual applying for employment in a State, a criminal offense that is a national disqualifying crime or a State disqualifying crime in that State. (B) National disqualifying crime.--The term ``national disqualifying crime'' means-- (i) a criminal offense described in section 1128(a) of the Social Security Act; or (ii) felony homicide, battery, or assault (including sexual assault), regardless of the date of conviction for the crime. (C) State disqualifying crime.--The term ``State disqualifying crime'' means, with respect to a State, such criminal offenses (other than national disqualifying crimes) as the State may under law treat as a State disqualifying crime for purposes of this Act and for such period of time as the State may provide. (5) National registry coordination system.--The term ``national registry coordination system'' means a system established under section 3(b). (6) Patient abuse.--The term ``patient abuse'' means such incidence of abuse, neglect, mistreatment, or misappropriation of property of an individual receiving services in a covered facility as the Secretary shall specify in regulations. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (8) State criminal background check agency.--The term ``State criminal background check agency'' means, with respect to a State, the State agency specified by the State to provide for the conduct of criminal background checks under this Act. (9) State direct care employee registry.--The term ``State direct care employee registry'' means a nurse aide registry that is established under sections 1819(e)(2)(A) and 1919(e)(2)(A) of the Social Security Act and that provides for functions required of such a registry under section 3 of this Act. <all>

usgpo

2024-06-24T03:05:51.939849

BILLS-106hr1985ih

Federal Oil and Gas Lease Management Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1985 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1985 To improve the administration of oil and gas leases on Federal land, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mrs. Cubin (for herself and Mr. Skeen) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To improve the administration of oil and gas leases on Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Oil and Gas Lease Management Improvement Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. No property right. TITLE I--STATE OPTION TO REGULATE OIL AND GAS LEASE OPERATIONS ON FEDERAL LAND Sec. 101. Transfer of authority. Sec. 102. Activity following transfer of authority. TITLE II--USE OF COST SAVINGS FROM STATE REGULATION Sec. 201. Compensation for costs. Sec. 202. Exclusion of costs of preparing planning documents and analyses. Sec. 203. Receipt sharing. TITLE III--STREAMLINING AND COST REDUCTION Sec. 301. Applications. Sec. 302. Timely issuance of decisions. Sec. 303. Elimination of unwarranted denials and stays. Sec. 304. Reports. Sec. 305. Scientific inventory of oil and gas reserves. TITLE IV--FEDERAL ROYALTY CERTAINTY Sec. 401. Definitions. Sec. 402. Amendment of Outer Continental Shelf Lands Act. Sec. 403. Amendment of Mineral Leasing Act. Sec. 404. Indian land. TITLE V--ROYALTY REINVESTMENT IN AMERICA Sec. 501. Royalty incentive program. Sec. 502. Marginal well production incentives. Sec. 503. Suspension of production on oil and gas operations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) State governments have a long and successful history of regulation of operations to explore for and produce oil and gas; the special role of the States was recognized by Congress in 1935 through its ratification under the Constitution of the Interstate Compact to Conserve Oil and Gas; (2) under the guidance of the Interstate Oil and Gas Compact Commission, States have established effective regulation of the oil and natural gas industry and subject their programs to periodic peer review through the Commission; (3) it is significantly less expensive for State governments than for the Federal Government to regulate oil and gas lease operations on Federal land; (4) significant cost savings could be achieved, with no reduction in environmental protection or in the conservation of oil and gas resources, by having the Federal Government defer to State regulation of oil and gas lease operations on Federal land; (5) State governments carry out regulatory oversight on Federal, State, and private land; oil and gas companies operating on Federal land are burdened with the additional cost and time of duplicative oversight by both Federal and State conservation authorities; additional cost savings could be achieved within the private sector by having the Secretary defer to State regulation; (6) the Federal Government is presently cast in opposing roles as a mineral owner and regulator; State regulation of oil and gas operations on Federal land would eliminate this conflict of interest; (7) it remains the responsibility of the Secretary of the Interior to carry out the Federal policy set forth in the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) to foster and encourage private sector enterprise in the development of economically sound and stable domestic mineral industries, and the orderly and economic development of domestic mineral resources and reserves, including oil and gas resources; and (8) resource management analyses and surveys conducted under the conservation laws of the United States benefit the public at large and are an expense properly borne by the Federal Government. (b) Purposes.--The purposes of this Act are-- (1) to transfer from the Secretary to each State in which Federal land is present authority to regulate oil and gas operations on leased tracts and related operations as fully as if the operations were occurring on privately owned land; (2) to share the costs saved through more efficient State enforcement among State governments and the Federal treasury; (3) to prevent the imposition of unwarranted delays and recoupments of Federal administrative costs on Federal oil and gas lessees; (4) to effect no change in the administration of Indian land; and (5) to ensure that funds deducted from the States' net receipt share are directly tied to administrative costs related to mineral leasing on Federal land. SEC. 3. DEFINITIONS. In this Act: (1) Application for a permit to drill.--The term ``application for a permit to drill'' means a drilling plan including design, mechanical, and engineering aspects for drilling a well. (2) Federal land.-- (A) In general.--The term ``Federal land'' means all land and interests in land owned by the United States that are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate. (B) Exclusion.--The term ``Federal land'' does not include-- (i) Indian land (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702)); or (ii) submerged land on the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)). (3) Oil and gas conservation authority.--The term ``oil and gas conservation authority'' means the agency or agencies in each State responsible for regulating for conservation purposes operations to explore for and produce oil and natural gas. (4) Project.--The term ``project'' means an activity by a lessee, an operator, or an operating rights owner to explore for, develop, produce, or transport oil or gas resources. (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to land under the administrative jurisdiction of the Department of the Interior; and (B) the Secretary of Agriculture, with respect to land under the administrative jurisdiction of the Department of Agriculture. (6) Surface use plan of operations.--The term ``surface use plan of operations'' means a plan for surface use, disturbance, and reclamation. SEC. 4. NO PROPERTY RIGHT. Nothing in this Act gives a State a property right or interest in any Federal lease or land. TITLE I--STATE OPTION TO REGULATE OIL AND GAS LEASE OPERATIONS ON FEDERAL LAND SEC. 101. TRANSFER OF AUTHORITY. (a) Notification.--Not before the date that is 180 days after the date of enactment of this Act, a State may notify the Secretary of its intent to accept authority for regulation of operations, as described in subparagraphs (A) through (K) of subsection (b)(2), under oil and gas leases on Federal land within the State. (b) Transfer of Authority.-- (1) In general.--Effective 180 days after the Secretary receives the State's notice, authority for the regulation of oil and gas leasing operations is transferred from the Secretary to the State. (2) Authority included.--The authority transferred under paragraph (1) includes-- (A) processing and approving applications for permits to drill, subject to surface use agreements and other terms and conditions determined by the Secretary; (B) production operations; (C) well testing; (D) well completion; (E) well spacing; (F) communization; (G) conversion of a producing well to a water well; (H) well abandonment procedures; (I) inspections; (J) enforcement activities; and (K) site security. (c) Retained Authority.--The Secretary shall-- (1) retain authority over the issuance of leases and the approval of surface use plans of operations and project-level environmental analyses; and (2) spend appropriated funds to ensure that timely decisions are made respecting oil and gas leasing, taking into consideration multiple uses of Federal land, socioeconomic and environmental impacts, and the results of consultations with State and local government officials. SEC. 102. ACTIVITY FOLLOWING TRANSFER OF AUTHORITY. (a) Federal Agencies.--Following the transfer of authority, no Federal agency shall exercise the authority formerly held by the Secretary as to oil and gas lease operations and related operations on Federal land. (b) State Authority.-- (1) In general.--Following the transfer of authority, each State shall enforce its own oil and gas conservation laws and requirements pertaining to transferred oil and gas lease operations and related operations with due regard to the national interest in the expedited, environmentally sound development of oil and gas resources in a manner consistent with oil and gas conservation principles. (2) Appeals.--Following a transfer of authority under section 101, an appeal of any decision made by a State oil and gas conservation authority shall be made in accordance with State administrative procedures. (c) Pending Enforcement Actions.--The Secretary may continue to enforce any pending actions respecting acts committed before the date on which authority is transferred to a State under section 101 until those proceedings are concluded. (d) Pending Applications.-- (1) Transfer to state.--All applications respecting oil and gas lease operations and related operations on Federal land pending before the Secretary on the date on which authority is transferred under section 101 shall be immediately transferred to the oil and gas conservation authority of the State in which the lease is located. (2) Action by the state.--The oil and gas conservation authority shall act on the application in accordance with State laws (including regulations) and requirements. TITLE II--USE OF COST SAVINGS FROM STATE REGULATION SEC. 201. COMPENSATION FOR COSTS. (a) In General.--Subject to the availability of appropriations, the Secretary shall compensate any State for costs incurred to carry out the authorities transferred under section 101. (b) Payment Schedule.--Payments shall be made not less frequently than every quarter. (c) Cost Breakdown Report.--Each State seeking compensation shall report to the Secretary a cost breakdown for the authorities transferred. (d) Limitation on Amount.-- (1) In general.--Compensation to a State may not exceed 50 percent of the Secretary's allocated cost for oil and gas leasing activities under section 35(b) of the Act of February 25, 1920 (commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 191(b)) for the State for fiscal year 1997. (2) Adjustment.--The Secretary shall adjust the maximum level of cost compensation at least once every 2 years to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor, using 1997 as the baseline year. SEC. 202. EXCLUSION OF COSTS OF PREPARING PLANNING DOCUMENTS AND ANALYSES. Section 35 of the Act of February 25, 1920 (30 U.S.C. 191(b)) is amended by adding at the end the following: ``(6) The Secretary shall not include, for the purpose of calculating the deduction under paragraph (1), costs of preparing resource management planning documents and analyses for areas in which mineral leasing is excluded or areas in which the primary activity under review is not mineral leasing and development.''. SEC. 203. RECEIPT SHARING. Section 35(b) of the Act of February 25, 1920 (30 U.S.C. 191(b)) is amended by striking ``paid to States'' and inserting ``paid to States (other than States that accept a transfer of authority under section 101 of the Federal Oil and Gas Lease Management Act of 1999)''. TITLE III--STREAMLINING AND COST REDUCTION SEC. 301. APPLICATIONS. (a) Limitation on Cost Recovery.--Notwithstanding sections 304 and 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734, 1764) and section 9701 of title 31, United States Code, the Secretary shall not recover the Secretary's costs with respect to applications and other documents relating to oil and gas leases. (b) Completion of Planning Documents and Analyses.-- (1) In general.--The Secretary shall complete any resource management planning documents and analyses not later than 90 days after receiving any offer, application, or request for which a planning document or analysis is required to be prepared. (2) Preparation by applicant or lessee.--If the Secretary is unable to complete the document or analysis within the time prescribed by paragraph (1), the Secretary shall notify the applicant or lessee of the opportunity to prepare the required document or analysis for the agency's review and use in decisionmaking. (c) Reimbursement for Costs of NEPA Analyses, Documentation, and Studies.--If-- (1) adequate funding to enable the Secretary to timely prepare a project-level analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an oil or gas lease is not appropriated; and (2) the lessee, operator, or operating rights owner voluntarily pays for the cost of the required analysis, documentation, or related study; the Secretary shall reimburse the lessee, operator, or operating rights owner for its costs through royalty credits attributable to the lease, unit agreement, or project area. SEC. 302. TIMELY ISSUANCE OF DECISIONS. (a) In General.--The Secretary shall ensure the timely issuance of Federal agency decisions respecting oil and gas leasing and operations on Federal land. (b) Offer To Lease.-- (1) Deadline.--The Secretary shall accept or reject an offer to lease not later than 90 days after the filing of the offer. (2) Failure to meet deadline.--If an offer is not acted upon within that time, the offer shall be deemed to have been accepted. (c) Application for Permit To Drill.-- (1) Deadline.--The Secretary and a State that has accepted a transfer of authority under section 101 shall approve or disapprove an application for permit to drill not later than 30 days after receiving a complete application. (2) Failure to meet deadline.--If the application is not acted on within the time prescribed by paragraph (1), the application shall be deemed to have been approved. (d) Surface Use Plan of Operations.--The Secretary shall approve or disapprove a surface use plan of operations not later than 30 days after receipt of a complete plan. (e) Administrative Appeals.-- (1) Deadline.--From the time that a Federal oil and gas lessee or operator files a notice of administrative appeal of a decision or order of an officer or employee of the Department of the Interior or the Forest Service respecting a Federal oil and gas Federal lease, the Secretary shall have 2 years in which to issue a final decision in the appeal. (2) Failure to meet deadline.--If no final decision has been issued within the time prescribed by paragraph (1), the appeal shall be deemed to have been granted. SEC. 303. ELIMINATION OF UNWARRANTED DENIALS AND STAYS. (a) In General.--The Secretary shall ensure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and gas leasing on Federal land. (b) Land Designated for Multiple Use.-- (1) In general.--Land designated as available for multiple use under Bureau of Land Management resource management plans and Forest Service leasing analyses shall be available for oil and gas leasing without lease stipulations more stringent than restrictions on surface use and operations imposed under the laws (including regulations) of the State oil and gas conservation authority unless the Secretary includes in the decision approving the management plan or leasing analysis a written explanation why more stringent stipulations are warranted. (2) Appeal.--Any decision to require a more stringent stipulation shall be administratively appealable and, following a final agency decision, shall be subject to judicial review. (c) Rejection of Offer To Lease.-- (1) In general.--If the Secretary rejects an offer to lease on the ground that the land is unavailable for leasing, the Secretary shall provide a written, detailed explanation of the reasons the land is unavailable for leasing. (2) Previous resource management decision.--If the determination of unavailability is based on a previous resource management decision, the explanation shall include a careful assessment of whether the reasons underlying the previous decision are still persuasive. (3) Segregation of available land from unavailable land.-- The Secretary may not reject an offer to lease land available for leasing on the ground that the offer includes land unavailable for leasing, and the Secretary shall segregate available land from unavailable land, on the offeror's request following notice by the Secretary, before acting on the offer to lease. (d) Disapproval or Required Modification of Surface Use Plans of Operations and Application for Permit To Drill.--The Secretary shall provide a written, detailed explanation of the reasons for disapproving or requiring modifications of any surface use plan of operations or application for permit to drill. (e) Effectiveness of Decision.--A decision of the Secretary respecting an oil and gas lease shall be effective pending administrative appeal to the appropriate office within the Department of the Interior or the Department of Agriculture unless that office grants a stay in response to a petition satisfying the criteria for a stay established by section 4.21(b) of title 43, Code of Federal Regulations (or any successor regulation). SEC. 304. REPORTS. (a) In General.--Not later than March 31, 2000, the Secretaries shall jointly submit to the President of the Senate and the Speaker of the House of Representatives a report explaining the most efficient means of eliminating overlapping jurisdiction, duplication of effort, and inconsistent policymaking and policy implementation as between the Bureau of Land Management and the Forest Service. (b) Recommendations.--The report shall include recommendations on statutory changes needed to implement the report's conclusions. SEC. 305. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES. (a) In General.--Not later than March 31, 2000, the Secretary of the Interior, in consultation with the Director of the United States Geological Survey, shall publish, through notice in the Federal Register, a science-based national inventory of the oil and gas reserves and potential resources underlying Federal land and the outer Continental Shelf. (b) Contents.--The inventory shall-- (1) indicate what percentage of the oil and gas reserves and resources is currently available for leasing and development; and (2) specify the percentages of the reserves and resources that are on-- (A) land that is open for leasing as of the date of enactment of this Act that has never been leased; (B) land that is open for leasing or development subject to no surface occupancy stipulations; and (C) land that is open for leasing or development subject to other lease stipulations that have significantly impeded or prevented, or are likely to significantly impede or prevent, development; and (3) indicate the percentage of oil and gas resources that are not available for leasing or are withdrawn from leasing. (c) Public Comment.-- (1) In general.--The Secretary of the Interior shall invite public comment on the inventory to be filed not later than September 30, 2000. (2) Resource management decisions.--Specifically, the Secretary of the Interior shall invite public comment on the effect of Federal resource management decisions on past and future oil and gas development. (d) Report.-- (1) In general.--Not later than March 31, 2001, the Secretary of the Interior shall submit to the President of the Senate and the Speaker of the House of Representatives a report comprised of the revised inventory and responses to the public comments. (2) Contents.--The report shall specifically indicate what steps the Secretaries believe are necessary to increase the percentage of land open for development of oil and gas resources. TITLE IV--FEDERAL ROYALTY CERTAINTY SEC. 401. DEFINITIONS. In this title: (1) Marketable condition.--The term ``marketable condition'' means lease production that is sufficiently free from impurities and otherwise in a condition that the production will be accepted by a purchaser under a sales contract typical for the field or area. (2) Reasonable commercial rate.-- (A) In general.--The term ``reasonable commercial rate'' means-- (i) in the case of an arm's-length contract, the actual cost incurred by the lessee; or (ii) in the case of a non-arm's-length contract-- (I) the rate charged in a contract for similar services in the same area between parties with opposing economic interests; or (II) if there are no arm's-length contracts for similar services in the same area, the just and reasonable rate for the transportation service rendered by the lessee or lessee's affiliate. (B) Disputes.--Disputes between the Secretary and a lessee over what constitutes a just and reasonable rate for such service shall be resolved by the Federal Energy Regulatory Commission. SEC. 402. AMENDMENT OF OUTER CONTINENTAL SHELF LANDS ACT. Section 8(b)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(3)) is amended by striking the semicolon at the end and adding the following: ``Provided: That if the payment is in value or amount, the royalty due in value shall be based on the value of oil or gas production at the lease in marketable condition, and the royalty due in amount shall be based on the royalty share of production at the lease; if the payment in value or amount is calculated from a point away from the lease, the payment shall be adjusted for quality and location differentials, and the lessee shall be allowed reimbursements at a reasonable commercial rate for transportation (including transportation to the point where the production is put in marketable condition), marketing, processing, and other services beyond the lease through the point of sale, other disposition, or delivery;''. SEC. 403. AMENDMENT OF MINERAL LEASING ACT. Section 17(c) of the Act of February 25, 1920 (30 U.S.C. 226(c)) (commonly known as the ``Mineral Leasing Act''), is amended by adding at the end the following: ``(3) Royalty due in value.-- ``(A) In general.--Royalty due in value shall be based on the value of oil or gas production at the lease in marketable condition, and the royalty due in amount shall be based on the royalty share of production at the lease. ``(B) Calculation of value or amount from a point away from a lease.--If the payment in value or amount is calculated from a point away from the lease-- ``(i) the payment shall be adjusted for quality and location differentials; and ``(ii) the lessee shall be allowed reimbursements at a reasonable commercial rate for transportation (including transportation to the point where the production is put in marketable condition), marketing, processing, and other services beyond the lease through the point of sale, other disposition, or delivery;''. SEC. 404. INDIAN LAND. This title shall not apply with respect to Indian land. TITLE V--ROYALTY REINVESTMENT IN AMERICA SEC. 501. ROYALTY INCENTIVE PROGRAM. (a) In General.--To encourage exploration and development expenditures on Federal land and the Outer Continental Shelf for the development of oil and gas resources when the cash price of West Texas Intermediate crude oil, as posted on the Dow Jones Commodities Index chart is less than $18 per barrel for 90 consecutive pricing days or when natural gas prices as delivered at Henry Hub, Louisiana, are less than $2.30 per million British thermal units for 90 consecutive days, the Secretary shall allow a credit against the payment of royalties on Federal oil production and gas production, respectively, in an amount equal to 20 percent of the capital expenditures made on exploration and development activities on Federal oil and gas leases. (b) No Crediting Against Onshore Federal Royalty Obligations.--In no case shall such capital expenditures made on Outer Continental Shelf leases be credited against onshore Federal royalty obligations. SEC. 502. MARGINAL WELL PRODUCTION INCENTIVES. To enhance the economics of marginal oil and gas production by increasing the ultimate recovery from marginal wells when the cash price of West Texas Intermediate crude oil, as posted on the Dow Jones Commodities Index chart is less than $18 per barrel for 90 consecutive pricing days or when natural gas prices are delivered at Henry Hub, Louisiana, are less than $2.30 per million British thermal units for 90 consecutive days, the Secretary shall reduce the royalty rate as production declines for-- (1) onshore oil wells producing less than 30 barrels per day; (2) onshore gas wells producing less than 120 million British thermal units per day; (3) offshore oil well producing less than 300 barrels of oil per day; and (4) offshore gas wells producing less than 1,200 million British thermal units per day. SEC. 503. SUSPENSION OF PRODUCTION ON OIL AND GAS OPERATIONS. (a) In General.--Any person operating an oil well under a lease issued under the Act of February 25, 1920 (commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) may submit a notice to the Secretary of the Interior of suspension of operation and production at the well. (b) Production Quantities Not a Factor.--A notice under subsection (a) may be submitted without regard to per day production quantities at the well and without regard to the requirements of subsection (a) of section 3103.4-4 of title 43 of the Code of Federal Regulations (or any successor regulation) respecting the granting of such relief, except that the notice shall be submitted to an office in the Department of the Interior designated by the Secretary of the Interior. (c) Period of Relief.--On submission of a notice under subsection (a) for an oil well, the operator of the well may suspend operation and production at the well for a period beginning on the date of submission of the notice and ending on the later of-- (1) the date that is 2 years after the date on which the suspension of operation and production commences; or (2) the date on which the cash price of West Texas Intermediate crude oil, as posted on the Dow Jones Commodities Index chart is greater than $15 per barrel for 90 consecutive pricing days. <all>

usgpo

2024-06-24T03:05:52.133284

BILLS-106hr1989ih

Two Strikes and You're Out Child Protection Act of 1999.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1989 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1989 To amend title 18 of the United States Code to provide life imprisonment for repeat offenders who commit sex offenses against children. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Green of Wisconsin (for himself, Mr. Armey, Mr. Gary Miller of California, Mr. Shimkus, Mr. Shows, Mr. Foley, Mr. Taylor of Mississippi, Mr. English, and Mr. Ney) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18 of the United States Code to provide life imprisonment for repeat offenders who commit sex offenses against children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Two Strikes and You're Out Child Protection Act of 1999.'' SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENSES AGAINST CHILDREN. Section 3559 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against Children.-- ``(1) In general.--A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed. ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `Federal sex offense' means an offense under section 2241 (relating to aggravated sexual abuse), 2242 (relating to sexual abuse), 2243 (relating to sexual abuse of a minor or ward), 2244 (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 2251 (relating to sexual exploitation of children), 2251A (relating to selling or buying of children), 2252 (relating to sexually exploitative material), 2252A (relating to child pornographic material), 2422 (relating to coercion and enticement), or 2423 (relating to transportation of minors); ``(B) the term `prior sex conviction' means a conviction for which the sentence was imposed before the conduct occurred forming the basis for the subsequent Federal sex offense, and which was for either-- ``(i) a Federal sex offense; or ``(ii) an offense under State law consisting of conduct that would have been a Federal sex offense if, to the extent or in the manner specified in the applicable provision of title 18-- ``(I) the offense involved interstate or foreign commerce, or the use of the mails; or ``(II) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151; ``(C) the term `minor' means any person under the age of 18 years; and ``(D) the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMENDMENTS. (a) Section 2247.--Section 2247 of title 18, United States Code, is amended by inserting ``, unless section 3559(e) applies'' before the final period. (b) Section 2251.--The first sentence of section 2251(d) of title 18, United States Code, is amended by striking the first occurrence of ``, but if'' and all that follows through ``nor more than life''. (c) Section 2252.-- (1) Section 2252(b)(1) of title 18, United States Code, is amended by striking ``, but if'' and all that follows through ``30 years''. (2) Section 2252(b)(2) of title 18, United States Code, is amended by striking ``, but if'' and all that follows through ``10 years''. (d) Section 2252A.-- (1) Section 2252A(b)(1) of title 18, United States Code, is amended by striking ``, but, if'' and all that follows through ``30 years''. (2) Section 2252A(b)(2) of title 18, United States Code, is amended by striking ``, but, if'' and all that follows through ``10 years''. (e) Section 2426.--Section 2426 of title 18, United States Code, is amended by inserting ``, unless section 3559(e) applies'' before the final period. (f) Technical Amendments.--Sections 2252(c)(1) and 2252A(d)(1) of title 18, United States Code, are each amended by striking ``less than three'' and inserting ``fewer than 3''. <all>

usgpo

2024-06-24T03:05:52.202719

BILLS-106hr1991ih

To amend the Internal Revenue Code of 1986 to clarify that natural gas gathering lines are 7-year property for purposes of depreciation.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1991 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1991 To amend the Internal Revenue Code of 1986 to clarify that natural gas gathering lines are 7-year property for purposes of depreciation. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Sam Johnson of Texas (for himself, Mr. McCrery, Mr. Watkins, Mr. Houghton, Mr. McInnis, and Mr. Camp) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to clarify that natural gas gathering lines are 7-year property for purposes of depreciation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NATURAL GAS GATHERING LINES TREATED AS 7-YEAR PROPERTY. (a) In General.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) any natural gas gathering line, and''. (b) Natural Gas Gathering Line.--Subsection (i) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(15) Natural gas gathering line.--The term `natural gas gathering line' means-- ``(A) the pipe, equipment, and appurtenances determined to be a gathering line by the Federal Energy Regulatory Commission, or ``(B) the pipe, equipment, and appurtenances used to deliver natural gas from the wellhead or a common point to the point at which such gas first reaches-- ``(i) a gas processing plant, ``(ii) an interconnection with a transmission pipeline certificated by the Federal Energy Regulatory Commission as an interstate transmission pipeline, ``(iii) an interconnection with an intrastate transmission pipeline, or ``(iv) a direct interconnection with a local distribution company, a gas storage facility, or an industrial consumer.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:52.325520

BILLS-106hr1990ih

Roadside Emergency Safety Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1990 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1990 To direct the Secretary of Transportation to take certain actions to improve the safety of persons present at roadside emergency scenes, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Hall of Ohio (for himself, and Mr. Wolf) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Secretary of Transportation to take certain actions to improve the safety of persons present at roadside emergency scenes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Roadside Emergency Safety Act of 1999''. SEC. 2. STUDY ON ROADSIDE EMERGENCY SAFETY. (a) In General.--The Secretary of Transportation shall conduct a study to evaluate means of improving the safety of persons present at roadside emergency scenes, including motor vehicle accident scenes. (b) Scope.--The study conducted by the Secretary under subsection (a) shall include-- (1) an evaluation the effectiveness of State laws designed to improve the safety of persons present at roadside emergency scenes; (2) an evaluation the feasibility of requiring drivers operating motor vehicles approaching a roadside emergency scene to take certain steps including-- (A) moving to the traffic lane that is farthest from the roadside emergency scene of the lanes available for vehicles traveling in the direction traveled by the driver; and (B) decreasing motor vehicle speed to 10 miles per hour less than the posted speed limit; and (3) the collection of such statistics as may be necessary to assist policy makers in addressing issues of safety at roadside emergency scenes. (c) Report.--Not later than 1 year after the date of enactment of this section, the Secretary shall transmit to Congress a report on the results of the study conducted under subsection (a), together with any recommendations for improving the safety of persons present at roadside emergency scenes. SEC. 3. EMERGENCY PERSONNEL SAFETY PROGRAM. (a) In General.--Not later than 180 days after the completion of the study described in section 2, the Secretary of Transportation shall establish and begin to implement a program to improve the safety of emergency personnel at roadside emergency scenes. (b) Program Elements.--The program established under subsection (a) shall-- (1) promote public awareness regarding safety at roadside emergency scenes; (2) provide assistance for education and training to emergency personnel regarding safety at roadside emergency scenes; and (3) provide technical assistance regarding equipment, highway design, and emergency responses that enhance the safety of emergency personnel at roadside emergency scenes. (c) Demonstration Projects.--The program established under subsection (a) shall include funding for demonstration projects designed to improve the safety of emergency personnel at roadside emergency scenes. (d) Emergency Personnel Defined.--In this section, the term ``emergency personnel'' means law enforcement personnel, fire department personnel, emergency medical services personnel, and any other persons who may be called upon to respond to a roadside emergency. SEC. 4. STATE HIGHWAY SAFETY PROGRAMS. Subsection (a) of section 402 of title 23, United States Code, is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting after ``post-accident procedures'' the following: ``, and (7) to improve the safety of law enforcement, fire department, and emergency medical services personnel, and any other persons who may be called upon to respond, in the case of a roadside emergency''. <all>

usgpo

2024-06-24T03:05:52.398368

BILLS-106hr1994ih

Small Business and Financial Institutions Tax Relief Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1994 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1994 To amend the Internal Revenue Code of 1986 to expand S corporation eligibility for banks, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. McInnis (for himself, Mr. McCrery, Mr. Hayworth, Mr. Bachus, Mr. Riley, Mr. Hefley, Mr. Schaffer, Mr. Tancredo, and Mr. Gary Miller of California) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to expand S corporation eligibility for banks, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business and Financial Institutions Tax Relief Act of 1999''. SEC. 2. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code of 1986 (relating to certain trusts permitted as shareholders) is amended by inserting after clause (v) the following: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.'' (b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the Internal Revenue Code of 1986 (relating to treatment as shareholders) is amended by adding at the end the following: ``(vi) In the case of a trust described in clause (vi) of subparagraph (A), the individual for whose benefit the trust was created shall be treated as a shareholder.'' (c) Sale of Stock in IRA Relating To S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by adding at the end the following: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if such sale is pursuant to an election under section 1362(a).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME TEST FOR BANK S CORPORATIONS. (a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code of 1986 (defining passive investment income) is amended by adding at the end the following: ``(v) Exception for banks; etc.--In the case of a bank (as defined in section 581), a bank holding company (as defined in section 246A(c)(3)(B)(ii)), or a qualified subchapter S subsidiary bank, the term `passive investment income' shall not include-- ``(I) interest income earned by such bank, bank holding company, or qualified subchapter S subsidiary bank, or ``(II) dividends on assets required to be held by such bank, bank holding company, or qualified subchapter S subsidiary bank to conduct a banking business, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150. (a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code of 1986 (defining small business corporation) is amended by striking ``75'' and inserting ``150''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES. (a) In General.--Section 1361 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Treatment of Qualifying Director Shares.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualifying director shares shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualifying director shares. ``(2) Qualifying director shares defined.--For purposes of this subsection, the term `qualifying director shares' means any shares of stock in a bank (as defined in section 581) or in a bank holding company registered as such with the Federal Reserve System-- ``(i) which are held by an individual solely by reason of status as a director of such bank or company or its controlled subsidiary; and ``(ii) which are subject to an agreement pursuant to which the holder is required to dispose of the shares of stock upon termination of the holder's status as a director at the same price as the individual acquired such shares of stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualifying director shares shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, except as provided in subsection (f),'' before ``which does not''. (2) Section 1366(a) of such Code is amended by adding at the end the following: ``(3) Allocation with respect to qualifying director shares.--The holders of qualifying director shares (as defined in section 1361(f)) shall not, with respect to such shares of stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a) of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and adding at the end the following: ``(3) no amount of an expense deductible under this subchapter by reason of section 1361(f)(3) shall be apportioned or allocated to such income.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS ITEMS OF BUILT-IN LOSS. The Secretary of the Treasury shall modify Regulation 1.1374-4(f) for S corporation elections made in taxable years beginning after December 31, 1996, with respect to bad debt deductions under section 166 of the Internal Revenue Code of 1986 to treat such deductions as built-in losses under section 1374(d)(4) of such Code during the entire period during which the bank recognizes built-in gains from changing its accounting method for recognizing bad debts from the reserve method under section 585 of such Code to the charge-off method under section 166 of such Code. SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE PREFERENCE ITEMS. (a) In General.--Section 1363(b) of the Internal Revenue Code of 1986 (relating to computation of corporation's taxable income) is amended by adding at the end the following new flush sentence: ``Paragraph (4) shall apply to any bank whether such bank is an S corporation or a qualified subchapter S subsidiary.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 8. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE FAMILY LIMITED PARTNERSHIPS. (a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code of 1986 (defining small business corporation) is amended-- (1) by striking ``or an organization'' and inserting ``an organization'', and (2) by inserting ``, or a family partnership described in subsection (c)(8)'' after ``subsection (c)(6)''. (b) Family Partnership.--Section 1361(c) of the Internal Revenue Code of 1986 (relating to special rules for applying subsection (b)), as amended by section 5, is amended by adding at the end the following: ``(8) Family partnerships.-- ``(A) In general.--For purposes of subsection (b)(1)(B), any partnership or limited liability company may be a shareholder in an S corporation if-- ``(i) all partners or members are members of 1 family as determined under section 704(e)(3), and ``(ii) all of the partners or members would otherwise be eligible shareholders of an S corporation. ``(B) Treatment as shareholders.--For purposes of subsection (b)(1)(A), in the case of a partnership or limited liability company described in subparagraph (A), each partner or member shall be treated as a shareholder.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED. (a) In General.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 5(a), is amended by adding at the end the following: ``(g) Treatment of Qualified Preferred Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualified preferred stock shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualified preferred stock. ``(2) Qualified preferred stock defined.--For purposes of this subsection, the term `qualified preferred stock' means stock which meets the requirements of subparagraphs (A), (B), and (C) of section 1504(a)(4). Stock shall not fail to be treated as qualified preferred stock solely because it is convertible into other stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualified preferred stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 5(b)(1), is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (2) Section 1366(a) of such Code, as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Allocation with respect to qualified preferred stock.--The holders of qualified preferred stock (as defined in section 1361(g)) shall not, with respect to such stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a)(3) of such Code, as added by section 5(b)(3), is amended by inserting ``or 1361(g)(3)'' after ``section 1361(f)(3)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 10. CONSENT TO ELECTIONS. (a) 90 Percent of Shares Required for Consent to Election.--Section 1362(a)(2) of the Internal Revenue Code of 1986 (relating to all shareholders must consent to election) is amended-- (1) by striking ``all persons who are shareholders in'' and inserting ``shareholders holding at least 90 percent of the shares of'', and (2) by striking ``All shareholders'' in the heading and inserting ``At least 90 percent of shares''. (b) Rules for Consent.--Section 1362(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``(3) Rules for consent.--For purposes of making any consent required under paragraph (2) or subsection (d)(1)(B)-- ``(A) each joint owner of shares shall consent with respect to such shares, ``(B) the personal representative or other fiduciary authorized to act on behalf of the estate of a deceased individual shall consent for the estate, ``(C) one parent, the custodian, the guardian, or the conservator shall consent with respect to shares owned by a minor or subject to a custodianship, guardianship, conservatorship, or similar arrangement, ``(D) the trustee of a trust shall consent with respect to shares owned in trust, ``(E) the trustee of the estate of a bankrupt individual shall consent for shares owned by a bankruptcy estate, ``(F) an authorized officer or the trustee of an organization described in subsection (c)(6) shall consent for the shares owned by such organization, and ``(G) in the case of a partnership or limited liability company described in subsection (c)(8)-- ``(i) all general partners shall consent with respect to shares owned by such partnership, ``(ii) all managers shall consent with respect to shares owned by such company if management of such company is vested in 1 or more managers, and ``(iii) all members shall consent with respect to shares owned by such company if management of such company is vested in the members.'' (c) Treatment of Nonconsenting Shareholder Stock.-- (1) In general.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 9(a), is amended by adding at the end the following: ``(h) Treatment of Nonconsenting Shareholder Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) nonconsenting shareholder stock shall not be treated as a second class of stock, ``(B) such stock shall be treated as C corporation stock, and ``(C) the shareholder's pro rata share under section 1366(a)(1) with respect to such stock shall be subject to tax paid by the S corporation at the highest rate of tax specified in section 11(b). ``(2) Nonconsenting shareholder stock defined.--For purposes of this subsection, the term `nonconsenting shareholder stock' means stock of an S corporation which is held by a shareholder who did not consent to an election under section 1362(a) with respect to such S corporation. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to nonconsenting shareholder stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (2) Conforming amendment.--Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 9(b)(1), is amended by striking ``subsections (f) and (g)'' and inserting ``subsections (f), (g), and (h)''. (d) Effective Date.--The amendments made by this section shall apply to elections made in taxable years beginning after December 31, 1999. SEC. 11. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES. (a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code of 1986 (relating to treatment of certain wholly owned subsidiaries) is amended by inserting ``and in the case of information returns required under part III of subchapter A of chapter 61'' after ``Secretary''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. <all>

usgpo

2024-06-24T03:05:52.418914

BILLS-106hr1992ih

To provide for a reduction in regulatory costs by maintaining Federal average fuel economy standards applicable to automobiles in effect at current levels until changed by law.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1992 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1992 To provide for a reduction in regulatory costs by maintaining Federal average fuel economy standards applicable to automobiles in effect at current levels until changed by law. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Klink (for himself, Mr. Upton, Mr. Dingell, Mr. Deal of Georgia, Mr. Hall of Texas, Mr. Knollenberg, Mr. Towns, Mr. LaTourette, Mr. Sawyer, Mr. Regula, Mr. Doyle, Mr. Watts of Oklahoma, Mr. Levin, Mr. McHugh, Mr. Hall of Ohio, Mr. Camp, Mr. Traficant, Mr. Hoekstra, Mr. Brown of Ohio, Mr. Smith of Michigan, and Mr. Stump) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To provide for a reduction in regulatory costs by maintaining Federal average fuel economy standards applicable to automobiles in effect at current levels until changed by law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AVERAGE FUEL ECONOMY STANDARDS. The average fuel economy standards established, whether directly or indirectly, under regulations promulgated by the Secretary of Transportation under section 32901 et seq. of title 49, United States Code, prior to the date of the enactment of this Act for automobiles (as defined in section 32901 of such title) shall continue to apply without amendment, change, or other modification of any kind for the model years and the applicable automobiles specified in the regulation last promulgated for such automobiles and for each model year thereafter until such regulations are specifically amended or otherwise changed by law enacted after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:52.480930

BILLS-106hr1996ih

Children's Lead Screening Accountability For Early-Intervention Act of 1999; Children's Lead SAFE Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1996 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1996 To ensure that children enrolled in Medicaid and other Federal means- tested programs at highest risk for lead poisoning are identified and treated, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Menendez (for himself, Mr. Rush, Mr. Hilliard, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To ensure that children enrolled in Medicaid and other Federal means- tested programs at highest risk for lead poisoning are identified and treated, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Lead Screening Accountability For Early-Intervention Act of 1999'' or the ``Children's Lead SAFE Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) lead poisoning remains a serious environmental risk, especially to the health of young children; (2) childhood lead poisoning can cause reductions in IQ, attention span, reading, and learning disabilities, and other growth and behavior problems; (3) children under the age of 6 are at the greatest risk of suffering the effects of lead poisoning because of the sensitivity of their developing brains and nervous systems, while children under the age of 3 are especially at risk due to their stage of development and hand-to-mouth activities; (4) poor children and minority children are at substantially higher risk of lead poisoning; (5) three-fourths of all children ages 1 through 5 found to have an elevated blood lead level in a Centers for Disease Control and Prevention nationally representative sample were enrolled in or targeted by Federal health care programs, specifically the medicaid program, the women, infants, and children (WIC) program, and the community health centers programs under section 330 of the Public Health Service Act, equating to an estimated 688,000 children nationwide; (6) the General Accounting Office estimates that \2/3\ of the 688,000 children who have elevated blood lead levels and are by Federal health care programs have never been screened for lead; (7) although the Health Care Financing Administration has required mandatory blood lead screenings for children enrolled in the medicaid program who are not less that 1 nor more than 5 years of age, less than 20 percent of these children have received such screenings; (8) the Health Care Financing Administration mandatory screening policy has not been effective, or sufficient, to properly identify and screen children enrolled in the medicaid program who are at risk; (9) only about \1/2\ of State programs have screening policies consistent with Federal policy; and (10) adequate treatment services are not uniformly available for children with elevated blood lead levels. (b) Purpose.--The purpose of this Act is to create a lead screening safety net that will, through the medicaid, women, infants, and children (WIC), head start and early head start programs that include infants and toddlers, and the maternal and child health block grant programs, ensure that children covered by those programs receive blood lead screenings and appropriate followup care. SEC. 3. INCREASED LEAD POISONING SCREENINGS AND TREATMENTS UNDER THE MEDICAID PROGRAM. (a) Reporting Requirement.--Section 1902(a)(43)(D) of the Social Security Act (42 U.S.C. 1396a(a)(43)(D)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the semicolon and inserting ``, and''; and (3) by adding at the end the following: ``(v) the number of children who are under the age of 3 and enrolled in the State plan and the number of those children who have received a blood lead screening test;''. (b) Mandatory Screening Requirements.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (65), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(66) provide that each contract entered into between the State and an entity (including a health insuring organization and a medicaid managed care organization) that is responsible for the provision (directly or through arrangements with providers of services) of medical assistance under the State plan shall provide for-- ``(A) compliance with mandatory blood lead screening requirements that are consistent with prevailing guidelines of the Centers for Disease Control and Prevention for such screening; and ``(B) coverage of qualified lead treatment services described in section 1905(v) including diagnosis, treatment, and follow-up furnished for children with elevated blood lead levels in accordance with prevailing guidelines of the Centers for Disease Control and Prevention.''. (c) Reimbursement for Treatment of Children With Elevated Blood Lead Levels.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)-- (A) in paragraph (26), by striking ``and'' at the end; (B) by redesignating paragraph (27) as paragraph (28); and (C) by inserting after paragraph (26) the following: ``(27) qualified lead treatment services (as defined in subsection (v)); and''; and (2) by adding at the end the following: ``(v)(1) In this subsection: ``(A) The term `qualified lead treatment services' means the following: ``(i) Lead-related medical management, as defined in subparagraph (B). ``(ii) Lead-related case management, as defined in subparagraph (C), for a child described in paragraph (2). ``(iii) Lead-related anticipatory guidance, as defined in subparagraph (D), provided as part of-- ``(I) prenatal services; ``(II) early and periodic screening, diagnostic, and treatment services (EPSDT) services described in subsection (r) and available under subsection (a)(4)(B) (including as described and available under implementing regulations and guidelines) to individuals enrolled in the State plan under this title who have not attained age 21; and ``(III) routine pediatric preventive services. ``(B) The term `lead-related medical management' means the provision and coordination of the diagnostic, treatment, and follow-up services provided for a child diagnosed with an elevated blood lead level (EBLL) that includes-- ``(i) a clinical assessment, including a physical examination and medically indicated tests (in addition to diagnostic blood lead level tests) and other diagnostic procedures to determine the child's developmental, neurological, nutritional, and hearing status, and the extent, duration, and possible source of the child's exposure to lead; ``(ii) repeat blood lead level tests furnished when medically indicated for purposes of monitoring the blood lead concentrations in the child; ``(iii) pharmaceutical services, including chelation agents and other drugs, vitamins, and minerals prescribed for treatment of an EBLL; ``(iv) medically indicated inpatient services including pediatric intensive care and emergency services; ``(v) medical nutrition therapy when medically indicated by a nutritional assessment, that shall be furnished by a dietitian or other nutrition specialist who is authorized to provide such services under State law; ``(vi) referral-- ``(I) when indicated by a nutritional assessment, to the State agency or contractor administering the program of assistance under the special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) and coordination of clinical management with that program; and ``(II) when indicated by a clinical or developmental assessment, to the State agency responsible for early intervention and special education programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and ``(vii) environmental investigation, as defined in subparagraph (E). ``(C) The term `lead-related case management' means the coordination, provision, and oversight of the nonmedical services for a child with an EBLL necessary to achieve reductions in the child's blood lead levels, improve the child's nutrition, and secure needed resources and services to protect the child by a case manager trained to develop and oversee a multi-disciplinary plan for a child with an EBLL or by a childhood lead poisoning prevention program, as defined by the Secretary. Such services include-- ``(i) assessing the child's environmental, nutritional, housing, family, and insurance status and identifying the family's immediate needs to reduce lead exposure through an initial home visit; ``(ii) developing a multidisciplinary case management plan of action that addresses the provision and coordination of each of the following classes of services as appropriate-- ``(I) whether or not such services are covered under the State plan under this title; ``(II) lead-related medical management of an EBLL (including environmental investigation); ``(III) nutrition services; ``(IV) family lead education; ``(V) housing; ``(VI) early intervention services; ``(VII) social services; and ``(VIII) other services or programs that are indicated by the child's clinical status and environmental, social, educational, housing, and other needs; ``(iii) assisting the child (and the child's family) in gaining access to covered and non-covered services in the case management plan developed under clause (ii); ``(iv) providing technical assistance to the provider that is furnishing lead-related medical management for the child; and ``(v) implementation and coordination of the case management plan developed under clause (ii) through home visits, family lead education, and referrals. ``(D) The term `lead-related anticipatory guidance' means education and information for families of children and pregnant women enrolled in the State plan under this title about prevention of childhood lead poisoning that addresses the following topics: ``(i) The importance of lead screening tests and where and how to obtain such tests. ``(ii) Identifying lead hazards in the home. ``(iii) Specialized cleaning, home maintenance, nutritional, and other measures to minimize the risk of childhood lead poisoning. ``(iv) The rights of families under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). ``(E) The term `environmental investigation' means the process of determining the source of a child's exposure to lead by an individual that is certified or registered to perform such investigations under State or local law, including the collection and analysis of information and environmental samples from a child's living environment. For purposes of this subparagraph, a child's living environment includes the child's residence or residences, residences of frequently visited caretakers, relatives, and playmates, and the child's day care site. Such investigations shall be conducted in accordance with the standards of the Department of Housing and Urban Development for the evaluation and control of lead-based paint hazards in housing and in compliance with State and local health agency standards for environmental investigation and reporting. ``(2) For purposes of paragraph (1)(A)(ii), a child described in this paragraph is a child who-- ``(A) has attained 6 months but has not attained 6 years of age; and ``(B) has been identified as having a blood lead level that equals or exceeds 20 micrograms per deciliter (or after 2 consecutive tests, equals or exceeds 15 micrograms per deciliter, or the applicable number of micrograms designated for such tests under prevailing guidelines of the Centers for Disease Control and Prevention).''. (d) Enhanced Match for Data Communications System.--Section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is amended-- (1) in subparagraph (D), by striking ``plus'' at the end and inserting ``and''; and (2) by inserting after subparagraph (D), the following: ``(E)(i) 90 percent of so much of the sums expended during such quarter as are attributable to the design, development, or installation of an information retrieval system that may be easily accessed and used by other federally-funded means-tested public benefit programs to determine whether a child is enrolled in the State plan under this title and whether an enrolled child has received mandatory early and periodic screening, diagnostic, and treatment services, as described in section 1905(r); and ``(ii) 75 percent of so much of the sums expended during such quarter as are attributable to the operation of a system (whether such system is operated directly by the State or by another person under a contract with the State) of the type described in clause (i); plus''. (e) Report.--The Secretary of Health and Human Services, acting through the Administrator of the Health Care Financing Administration, annually shall report to Congress on the number of children enrolled in the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) who have received a blood lead screening test during the prior fiscal year, noting the percentage that such children represent as compared to all children enrolled in that program. (f) Rule of Construction.--Nothing in this Act or in any amendment made by this Act shall be construed as prohibiting the Secretary of Health and Human Services or the State agency administering the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) from using funds provided under title XIX of that Act to reimburse a State or entity for expenditures for medically necessary activities in the home of a lead-poisoned child to prevent additional exposure to lead, including specialized cleaning of lead-contaminated dust, emergency relocation, safe repair of peeling paint, dust control, and other activities that reduce lead exposure. SEC. 4. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN. Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by adding at the end the following: ``(4) Lead poisoning screening.-- ``(A) In general.--A State agency shall-- ``(i) determine whether an infant or child eligible to participate in the program under this section has received a blood lead screening test using a test that is appropriate for age and risk factors upon the enrollment of the infant or child in the program; and ``(ii) in the case of an infant or child who has not received a blood lead screening test-- ``(I) refer the infant or child for receipt of the test; and ``(II) determine whether the infant or child receives the test during a routine visit with a health care provider. ``(B) Screenings by state agencies.-- ``(i) In general.--A State agency may (under contract or otherwise) perform a blood lead screening test that is appropriate for age and risk factors on an infant or child who seeks to participate in the program. ``(ii) Reimbursement.-- ``(I) Children enrolled in or eligible for medicaid.--On the request of a State agency that performs or arranges for the provision of a blood lead screening test under clause (i) of an infant or child that is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the State agency, from funds that are made available under that title, for the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) of the cost of the test and data reporting. Such costs shall include, if determined to be desirable by the State agency, the costs of providing screening through clinical laboratories certified under section 353 of the Public Health Service Act (42 U.S.C. 263a), or purchasing, for use at sites providing services under this section, blood lead testing instruments and associated supplies approved for sale by the Food and Drug Administration and used in compliance with such section 353. ``(II) Children enrolled in or eligible for schip.--In the case of a blood lead screening test performed under clause (i) (by the State agency or under contract with the State agency) on an infant or child who is eligible for or receiving medical assistance under a State plan under title XXI of the Social Security Act, the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, such title XXI, shall reimburse the State agency, from funds that are made available under that title, for the enhanced FMAP (as defined in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) of the cost of the test and data reporting. Such costs shall include the costs described in the second sentence of subclause (I). ``(C) Authorization for wic.--There is authorized to be appropriated such sums as may be necessary to carry out this paragraph with respect to blood lead screening tests performed under this paragraph on an infant or child, and any data reporting with respect to such infant or child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan.''. SEC. 5. LEAD POISONING SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS. Section 645A of the Head Start Act (42 U.S.C 9840a) is amended-- (1) in the first sentence of subsection (d), by inserting before the period the following: ``and shall comply with subsection (h)''; and (2) by adding at the end the following: ``(h) Lead Poisoning Screening.-- ``(1) In general.--An entity shall-- ``(A) determine whether a child eligible to participate in the program described in subsection (a)(1) has received a blood lead screening test using a test that is appropriate for age and risk factors upon the enrollment of the child in the program; and ``(B) in the case of a child who has not received a blood lead screening test, ensure that each enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Screenings by entities.-- ``(A) In general.--An entity may (under contract or otherwise) perform a blood lead screening test that is appropriate for age and risk factors on a child who seeks to participate in the program. ``(B) Reimbursement.-- ``(i) Children enrolled in or eligible for medicaid.--On the request of an entity that performs or arranges for the provision of a blood lead screening test under subparagraph (A) of a child that is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) of the cost of the test and data reporting. Such costs shall include, if determined to be desirable by the State agency, the costs of providing screening through clinical laboratories certified under section 353 of the Public Health Service Act (42 U.S.C. 263a), or purchasing, for use at sites providing services under this section, blood lead testing instruments and associated supplies approved for sale by the Food and Drug Administration and used in compliance with such section 353. ``(ii) Children enrolled in or eligible for schip.--In the case of a blood lead screening test performed under subparagraph (A) (by the entity or under contract with the entity) on a child who is eligible for or receiving medical assistance under a State plan under title XXI of the Social Security Act, the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, such title XXI, shall reimburse the entity, from funds that are made available under that title, for the enhanced FMAP (as defined in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) of the cost of the test and data reporting. Such costs shall include the costs described in the second sentence of clause (i). ``(3) Authorization for early head start.--There is authorized to be appropriated such sums as may be necessary to carry out this subsection with respect to blood lead screening tests performed under this subsection on an infant or child, and any data reporting with respect to such infant or child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan. ``(4) Head start.--The provisions of this subsection shall apply to head start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. SEC. 6. SCHIP COVERAGE FOR SCREENING OF CHILDREN. (a) In General.--Title XXI of the Social Security Act is amended by adding at the end the following new section: ``SEC. 2111. COVERAGE FOR LEAD POISONING SCREENING OF CHILDREN. ``(a) Coverage.--Notwithstanding any other provision of this title, a State child health plan shall provide for coverage of the costs (including data reporting) of a blood lead screening test performed by-- ``(1) a State agency administering the special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) in accordance with section 17(d)(4)(B) of that Act; or ``(2) an entity in accordance with section 645A(h)(2) of the Head Start Act (42 U.S.C 9840a(h)(2)). ``(b) References to Terms and Special Rules.--With respect to the coverage described in subsection (a), the following special rules apply: ``(1) Any reference in this title to a targeted low-income child is deemed to include a reference to a child who receives a blood lead screening test performed by a State agency or entity described in subsection (a). ``(2) Any such reference to child health assistance with respect to such a child is deemed a reference to the costs (including data reporting) of such a test. ``(3) Subsection (a) of section 2103 (relating to required scope of health insurance coverage) shall not apply insofar to such coverage and the reference to such section in section 2105(a)(1) is deemed not to require, in such case, compliance with the requirements of section 2103(a). ``(4) There shall be no exclusion of benefits for such coverage based on any pre-existing condition and no waiting period (including a waiting period to carry out section 2102(b)(3)(C)) shall apply. ``(c) No Impact on Allotments.--Nothing in this section shall be construed as affecting the amount of any initial allotment provided to a State under section 2104(b). ``(d) Application of Funding Restrictions.--The coverage under this section (and the funding of such coverage) is subject to the restrictions of section 2105(c).''. (b) Conforming Amendment.--Section 2102(b)(1)(B) of such Act (42 U.S.C. 1397bb(b)(1)(B)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a child described in section 2111 who is deemed a targeted low-income child under that section.''. (c) Effective Date.--The amendments made by this section take effect on the date described in section 11(a) and apply to allotments for all fiscal years. SEC. 7. CENTERS FOR DISEASE CONTROL AND PREVENTION EFFORTS TO COMBAT CHILDHOOD LEAD POISONING. (a) Requirements for Lead Poisoning Prevention Grantees.--Section 317A of the Public Health Service Act (42 U.S.C. 247b-1) is amended-- (1) in subsection (d)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: ``(7) Assurances satisfactory to the Secretary that the applicant will ensure complete and consistent reporting of all blood lead test results from laboratories and health care providers to State and local health departments in accordance with guidelines of the Centers for Disease Control and Prevention for standardized reporting as described in subsection (l).''; and (2) in subsection (j)(2)-- (A) in subparagraph (F) by striking ``(E)'' and inserting ``(F)''; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) The number of grantees that have established systems to ensure mandatory reporting of all blood lead tests from laboratories and health care providers to State and local health departments.''. (b) Guidelines for Standardized Reporting.--Section 317A of the Public Health Service Act (42 U.S.C. 247b-1) is amended by adding at the end the following: ``(l) Guidelines for Standardized Reporting.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop national guidelines for the uniform and complete reporting of all blood test results to State and local health departments.''. (c) Earmark of Other Grant Funds.--Section 317A of the Public Health Service Act (42 U.S.C. 247b-1), as amended by subsection (b), is amended by adding at the end the following: ``(m) Requirement for Use of Funds.--Notwithstanding any other provision of law, any individual or entity that receives from the Secretary, acting through the Director of the Centers for Disease Control and Prevention, a grant under this section or any other section of this Act to carry out activities relating to childhood lead poisoning prevention shall use 10 percent of the grant funds awarded for the purpose of funding screening assessments and referrals at State and local sites of operation of the program of assistance under the special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) or the early head start program under section 645A of the Head Start Act (42 U.S.C 9840a).''. (d) Development and Implementation of Effective Data Management by the Centers for Disease Control and Prevention.-- (1) In general.--The Director of the Centers for Disease Control and Prevention shall-- (A) assist with the improvement of data linkages between State and local health departments and between State health departments and the Centers for Disease Control and Prevention; (B) assist States with the development of flexible, comprehensive State-based data management systems for the surveillance of children with lead poisoning that has the capacity to contribute to a national data set; (C) assist with the improvement of the ability of State-based data management systems and federally- funded means-tested public benefit programs (including the special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) and the early head start program under section 645A of the Head Start Act (42 U.S.C 9840a(h)) to respond to ad hoc inquiries and generate progress reports regarding the lead blood level screening of children enrolled in those programs that may be used in training and education programs conducted by the Centers for health care providers; (D) assist with the establishment of a State capacity for assessing how many children enrolled in the medicaid, WIC, early head start, and other federally-funded means-tested public benefit programs are being screened for lead poisoning at age- appropriate intervals; (E) use data obtained as result of activities under this section to formulate or revise existing lead blood screening and case management policies; and (F) establish performance measures for evaluating State and local implementation of the requirements and improvements described in subparagraphs (A) through (E). (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for each of fiscal years 2000 and 2001. (3) Effective date.--This subsection takes effect on the date of enactment of this Act. SEC. 8. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following: ``SEC. 511. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(a) Authority To Make Grants.-- ``(1) In general.--In addition to any other payments made under this title to a State or any other entity, the Secretary shall award grants to States to support public health activities in States and localities where data suggest that more than 5 percent of preschool-age children have had lead exposure greater than 10 micrograms per deciliter through-- ``(A) effective, ongoing outreach and community education targeted to families most likely to be at risk for lead poisoning; ``(B) individual family education activities that are designed to reduce ongoing exposures to lead for children with elevated blood lead levels, including through home visits and coordination with other programs designed to identify and treat children at risk for lead poisoning; and ``(C) the development, coordination and implementation of community-based approaches for comprehensive lead poisoning prevention from surveillance to lead hazard control. ``(2) State match.--A State is not eligible for a grant under this section unless the State agrees to expend (through State or local funds) $3 for every $4 provided under the grant to carry out the activities described in paragraph (1). ``(3) Application.--A State shall submit an application to the Secretary for a grant under this section in such form and manner and containing such information as the Secretary may require. ``(b) Performance Measures.--The Secretary shall establish needs indicators and performance measures to evaluate the activities carried out under grants awarded under this section. Such indicators shall be commensurate with the national measures of the program under this title and shall be developed in consultation with the Director of the Centers for Disease Control and Prevention. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2000 through 2004. ``(d) Application of Other Provisions of Title.-- ``(1) In general.--Except as provided in paragraph (2), the other provisions of this title shall not apply to a grant made, or activities of the Secretary, under this section. ``(2) Exceptions.--The following provisions of this title shall apply to a grant made under subsection (a) to the same extent and in the same manner as such provisions apply to allotments made under section 502(c): ``(A) Section 504(b)(1) (relating to expenditures for inpatient services). ``(B) Section 504(b)(4) (relating to expenditures of funds as a condition of receipt of Federal funds). ``(C) Section 504(b)(5) (relating to limitations on funds for research). ``(D) Section 504(b)(6) (relating to prohibition on payments to excluded individuals and entities). ``(E) Section 506 (relating to reports and audits), but only to the extent determined by the Secretary to be appropriate for grants made under this section. ``(F) Section 507 (relating to penalties for false statements). ``(G) Section 508 (relating to nondiscrimination).''. SEC. 9. TRAINING AND REPORTS BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Training.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Administrator of the Health Care Financing Administration and the Director of the Centers for Disease Control and Prevention, shall conduct education and training programs for physicians and other health care providers regarding childhood lead poisoning, current screening and treatment recommendations and requirements, and the scientific, medical, and public health basis for those policies. (b) Report.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, annually shall report to Congress on the number of children who received services through community health centers established under section 330 of the Public Health Service Act (42 U.S.C. 254b) and received a blood lead screening test during the prior fiscal year, noting the percentage that such children represent as compared to all children who received services through such community health centers. SEC. 10. CDC BONUS PROGRAM FOR IMPROVEMENT OF CHILDHOOD LEAD SCREENING RATES. (a) In General.--The Director of the Centers for Disease Control and Prevention shall establish a program to improve the blood lead screening rates of States for children under the age of 3 enrolled in the medicaid program. (b) Payments.--Under the program established under subsection (a), the Director, using State-specific blood lead screening data, shall, subject to the availability of appropriations, annually pay a State an amount determined as follows: (1) $25 per each 2 year-old child enrolled in the medicaid program in the State who has received the minimum required (for that age) screening blood lead level tests (capillary or venous samples) to determine the presence of elevated blood lead levels, as established by the Centers for Disease Control and Prevention, if the State rate for such screenings exceeds 65 but does not exceed 75 percent of all 2 year-old children in the State. (2) $50 per each such child who has received such minimum required tests if the State rate for such screenings exceeds 75 but does not exceed 85 percent of all 2 year-old children in the State. (3) $75 per each such child who has received such minimum required tests if the State rate for such screenings exceeds 85 percent of all 2 year-old children in the State. (c) Use of Bonus Funds.--Funds awarded to a State under subsection (b) shall only be used-- (1) by the State department of health in the case of a child with an elevated blood lead level who is enrolled in medicaid or another Federal means-tested program designed to reduce the source of the child's exposure to lead; or (2) in accordance with guidelines for the use of such funds developed by the Director of the Centers for Disease Control and Prevention in collaboration with the Secretary of Housing and Urban Development. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $30,000,000 for each of fiscal years 2000 through 2004. SEC. 11. GENERAL EFFECTIVE DATE. (a) In General.--Except as provided in section 7(d)(3) and subsection (b), the amendments made by this Act take effect on the date that is 18 months after the date of enactment of this Act. (b) WIC and Early Head Start Waivers.-- (1) In general.--A State agency or contractor administering the program of assistance under the special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), or an entity carrying out activities under section 645A of the Head Start Act (42 U.S.C 9840a) may be awarded a waiver from the amendments made by sections 4 and 5 (as applicable) if the State where the agency, contractor, or entity is located establishes to the satisfaction of the Secretary of Health and Human Services, in accordance with requirements and procedures recommended in accordance with paragraph (2) to the Secretary by the Director of the Centers for Disease Control and Prevention, in consultation with the Centers for Disease Control and Prevention Advisory Committee on Childhood Lead Poisoning Prevention, a plan for increasing the number of blood lead screening tests of children enrolled in the WIC and the Early Head Start programs in the State. (2) Development of waiver procedures and requirements.--Not later than 12 months after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention, in consultation with the Centers for Disease Control and Prevention Advisory Committee on Childhood Lead Poisoning Prevention, shall develop and recommend to the Secretary of Health and Human Services criteria and procedures (including a timetable for the submission of the State plan described in paragraph (1)) for the award of waivers under that paragraph. <all>

usgpo

2024-06-24T03:05:52.783811

BILLS-106hr1993ih

Export Enhancement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1993 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1993 To reauthorize the Overseas Private Investment Corporation and the Trade and Development Agency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Manzullo (for himself, Mr. Menendez, Mr. Gilman, Mr. Gejdenson, Mr. Ackerman, Mr. Bentsen, Mr. Bereuter, Mr. Berman, Mrs. Biggert, Mr. Blunt, Mr. Brady of Texas, Mr. Callahan, Mrs. Clayton, Mr. Cooksey, Mr. Costello, Mr. Davis of Illinois, Mr. Delahunt, Mr. DeLay, Mr. Diaz- Balart, Mr. English, Mr. Ewing, Mr. Fattah, Mr. Frost, Mr. Gallegly, Mr. Gutierrez, Mr. Hastings of Florida, Mr. Hoeffel, Mr. Houghton, Ms. Jackson-Lee of Texas, Ms. Kilpatrick, Mr. Knollenberg, Mr. Kolbe, Mr. LaHood, Mr. Lantos, Mr. Leach, Mrs. McCarthy of New York, Mr. Matsui, Mrs. Meek of Florida, Mrs. Napolitano, Mr. Ortiz, Mr. Packard, Mr. Porter, Mr. Rangel, Mr. Rothman, Mr. Rush, Mr. Sawyer, Mr. Sherman, and Mr. Berry) introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL To reauthorize the Overseas Private Investment Corporation and the Trade and Development Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Enhancement Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Since it began operations in 1971, the Overseas Private Investment Corporation (in this Act referred to as ``OPIC'') has sold investment services and mobilized private sector resources to assist developing countries and emerging democracies in the transition from nonmarket to market economies. (2) In an era of declining Federal budgetary resources, OPIC has consistently demonstrated an ability to operate on a self-sustaining basis to support United States companies and promote economic reform in emerging economies in Africa, the newly independent states of the former Soviet Union, Latin America, and the Caribbean. (3) OPIC has played an important role in reinforcing United States foreign policy goals and in strengthening the United States economy by creating jobs and promoting exports. (4) Over the past 28 years, projects supported by OPIC have generated over $58,000,000,000 in United States exports, mobilized $121,000,000,000 of United States private sector investment, and created more than 237,000 United States jobs. (5) OPIC has been run on a sound financial basis with reserves totaling approximately $3,300,000,000 and with an estimated net budget contribution to the international affairs account of some $204,000,000 in fiscal year 2000. (6) OPIC has maintained a claims recovery rate of 95 percent, settling 254 insurance claims for $541,000,000 and recovering all but $29,000,000 since 1971. (7) OPIC programs have served to rectify market failures, including limited market information in developing countries and underdeveloped capital markets, by insuring United States firms against economic and market uncertainties. (8) The Trade and Development Agency (in this Act referred to as ``TDA'') promotes United States business involvement in infrastructure projects in developing and middle income countries. (9) TDA has generated $12,300,000,000 in exports since its inception, with every $1 in spending for TDA projects leading to the sale of $32 in United States goods and services overseas. (10) The United States and Foreign Commercial Service (in this Act referred to as the ``Commercial Service'') plays an important role in helping United States businesses identify export opportunities and develop reliable sources of information on commercial prospects in foreign countries. (11) The Congress has, on several occasions, encouraged the Commercial Service to focus its resources and efforts in countries or regions in Europe and Asia to promote greater United States export activity in those markets. (12) The Congress supports the expansion of the Rural Export Initiative by the International Trade Administration (in this Act referred to as the ``ITA'') of the Department of Commerce, particularly those elements related to the use of information technology and electronic commerce techniques. SEC. 3. POLICY RECOMMENDATIONS. The Congress makes the following declarations: (1) OPIC should set its fees at levels sufficient to cover all operating costs, repay any subsidy appropriations, and set aside adequate reserves against future losses. (2) OPIC should maintain a conservative ratio of reserves to contingent liabilities and limit its obligations in any one country in its worldwide finance or insurance portfolio. (3) Projects supported by OPIC should not displace commercial finance or insurance offerings and should encourage private sector financing and insurance participation. (4) Independent auditors should report annually to the Congress on the level of OPIC's reserves in relation to its liabilities and provide an analysis of the trends in the levels of reserves and liabilities and the composition of its insurance and finance portfolios, including OPIC's investment funds. (5) OPIC should double the dollar value of its support for small businesses over the next four years. (6) In administering the programs and activities of the ITA, the Secretary of Commerce should give particular emphasis to obtaining market access for United States firms and to securing full compliance with bilateral and multilateral trade agreements. (7) The ITA should facilitate the entrance of United States businesses into the countries of sub-Saharan Africa and Latin America. (8) The Commercial Service, within the ITA, should consider expanding its presence in urban areas and in urban enterprise areas. SEC. 4. OPIC ISSUING AUTHORITY. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1999'' and inserting ``2003''. SEC. 5. TRADE AND DEVELOPMENT AGENCY. (a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(a)) is amended by inserting before the period at the end of the second sentence the following: ``, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment''. (b) Contributions of Costs.--Section 661(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the end the following: ``(5) Contributions to costs.--The Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to-- ``(A) share the costs of feasibility studies and other project planning services funded under this section; and ``(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or entity concerned succeeds in implementing the project for which the funds were provided.''. (c) Funding.--Section 661(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)) is amended-- (1) in paragraph (1)(A) by striking ``$77,000,000'' and all that follows through ``1996'' and inserting ``$48,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter''; and (2) in paragraph (2)(A), by striking ``in fiscal years'' and all that follows through ``provides'' and inserting ``in carrying out its program, provide, as appropriate, funds''. SEC. 6. PROGRAMS OF THE INTERNATIONAL TRADE ADMINISTRATION. (a) Funding.--There are authorized to be appropriated to the ITA-- (1) for fiscal year 2000, $24,000,000 for its Market Access and Compliance program, $68,000,000 for its Trade Development program, and $202,000,000 for the Commercial Service program; and (2) for each fiscal year thereafter, such sums as may be necessary for the programs referred to in paragraph (1). (b) Appointments.--Subject to the availability of appropriations, the Secretary of Commerce, acting through the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, shall take steps to ensure that Commercial Service employees are stationed in no fewer than 10 sub-Saharan African countries and that the Commercial Service has full-time employees in each country in South and Central America and an adequate number of employees in the Caribbean to ensure that United States businesses are made aware of existing market opportunities for goods and services. (c) Initiative for Sub-Saharan Africa and Latin America.--The Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service shall make a special effort to-- (1) identify those goods and services of United States companies which are not being exported to Latin America and sub-Saharan Africa but which are being exported to countries in those regions by competitor nations; (2) identify trade barriers and noncompetitive actions, including violations of intellectual property rights, that are preventing or hindering the operation of United States companies in sub-Saharan Africa and Latin America; (3) publish on an annual basis the information obtained under paragraphs (1) and (2); (4) bring such information to the attention of authorities in sub-Saharan Africa and Latin America with the goal of securing greater market access for United States exporters of goods and services; and (5) report to the Speaker of the House of Representatives and the President of the Senate the results of the efforts to increase the sales of United States goods and services in sub- Saharan Africa and Latin America. (d) Global Diversity and Urban Export Initiative for the ITA.--The ITA shall undertake an initiative entitled the ``Global Diversity and Urban Export Initiative'' to increase exports from minority-owned businesses, focusing on businesses in under-served areas, including inner-city urban areas and urban enterprise zones. The initiative should use electronic commerce technology and products as another means of helping urban-based and minority-owned businesses export overseas. (e) Authorization for Advertising.--The ITA is authorized to advertise in newspapers, business journals, and other relevant publications and related media to inform businesses about the services offered by the ITA. SEC. 7. BOARD OF DIRECTORS. Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended-- (1) by striking the second and third sentences; (2) in the fourth sentence by striking ``(other than the President of the Corporation, appointed pursuant to subsection (c) who shall serve as a Director, ex officio)''; (3) in the second undesignated paragraph-- (A) by inserting ``the President of the Corporation, the Administrator of the Agency for International Development, the United States Trade Representative, and'' after ``including''; and (B) by adding at the end the following: ``The United States Trade Representative may designate a Deputy United States Trade Representative to serve on the Board in place of the United States Trade Representative.''; and (4) by inserting after the second undesignated paragraph the following: ``There shall be a Chairman and a Vice Chairman of the Board, both of whom shall be designated by the President of the United States from among the Directors of the Board other than those appointed under the second sentence of the first paragraph of this subsection.''. SEC. 8. STRATEGIC EXPORT PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting a semicolon; and (3) by adding at the end the following: ``(7) ensure that all export promotion activities of the Agency for International Development are fully coordinated and consistent with those of other agencies; ``(8) identify means for providing more coordinated and comprehensive export promotion services to, and on behalf of, small and medium-sized businesses; and ``(9) establish a set of priorities to promote United States exports to, and free market reforms in, the Middle East, Africa, Latin America, and other emerging markets, that are designed to stimulate job growth both in the United States and those regions and emerging markets.''. SEC. 9. IMPLEMENTATION OF PRIMARY OBJECTIVES. The Trade Promotion Coordinating Committee shall-- (1) report on the actions taken or efforts currently underway to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; (4) report on actions taken or efforts currently underway to promote better coordination between State, Federal, and private sector export promotion activities, including co- location, cost sharing between Federal, State, and private sector export promotion programs, and sharing of market research data; and (5) by not later than September 30, 1999, include the matters addressed in paragraphs (1), (2), (3), and (4) in the annual report required to be submitted under section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)). <all>

usgpo

2024-06-24T03:05:52.795006

BILLS-106hr1997ih

Civil Rights Tax Fairness Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1997 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1997 To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Ms. Pryce of Ohio (for herself and Mr. Lewis of Georgia) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Tax Fairness Act of 1999''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140) and by inserting after section 138 the following new section: ``SEC. 139. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. ``(a) In General.-- ``(1) Exclusion.--Gross income does not include amounts received by a claimant (whether by suit or agreement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. ``(2) Amounts Covered.--For purposes of paragraph (1), the term `amounts' does not include-- ``(A) backpay or frontpay, as defined in section 1302(b), or ``(B) punitive damages. ``(b) Unlawful Discrimination Defined.--For purposes of this section, the term `unlawful discrimination' means an act that is unlawful under any of the following: ``(1) Section 302 of the Civil Rights Act of 1991 (2 U.S.C. 1202). ``(2) Section 201, 202, 203, 204, 205, 206, or 207 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311, 1312, 1313, 1314, 1315, 1316, or 1317) ``(3) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). ``(4) Section 4 or 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623 or 633a). ``(5) Section 501 or 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791 or 794). ``(6) Section 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1140). ``(7) Title IX of the Education Amendments of 1972 (29 U.S.C. 1681 et seq.). ``(8) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 201 et seq.). ``(9) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102 et seq.). ``(10) Section 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615). ``(11) Chapter 43 of title 38, United States Code (relating to employment and reemployment rights of members of the uniformed services). ``(12) Section 1977, 1979, or 1980 of the Revised Statutes (42 U.S.C. 1981, 1983, or 1985). ``(13) Section 703, 704, or 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2, 2000e-3, or 2000e-16). ``(14) Section 804 or 805 of the Fair Housing Act (42 U.S.C. 3604 or 3605). ``(15) Section 102, 202, 302, or 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112, 12132, 12182, or 12203). ``(16) Section 40302 of the Violence Against Women Act of 1994 (42 U.S.C. 13981). ``(17) Any provision of Federal law (popularly known as whistleblower protection provisions) prohibiting the discharge of an employee, the discrimination against an employee, or any other form of retaliation or reprisal against an employee for asserting rights or taking other actions permitted under Federal law. ``(18) Any provision of State or local law, or common law claims permitted under Federal, State, or local law, providing for the enforcement of civil rights, regulating any aspect of the employment relationship, or prohibiting the discharge of an employee, the discrimination against an employee, or any other form of retaliation or reprisal against an employee for asserting rights or taking other actions permitted by law.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 138 the following new item: ``Sec. 139. Amounts received on account of certain unlawful discrimination.'' (c) Effective Date.--The amendment made by this section shall apply to damages received in taxable years beginning after December 31, 1998. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay or frontpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period and frontpay period, and ``(B) the amount of tax that would be imposed on the average annual net backpay and frontpay amount, determined as if such average amount were the only income of the taxpayer for the taxable year and the taxpayer had no deductions for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay or frontpay.--The term `employment discrimination backpay or frontpay' means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. ``(2) Unlawful employment discrimination.--The term `unlawful employment discrimination' has the meaning provided the term `unlawful discrimination' in section 139(b). ``(3) Backpay and frontpay.--The terms `backpay' and `frontpay' mean amounts includible in gross income in the taxable year-- ``(A) as compensation which is attributable-- ``(i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer's employer, former employer, or prospective employer; and ``(ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year; and ``(B) which are-- ``(i) ordered, recommended, or approved by any governmental entity to satisfy a claim for a violation of law, or ``(ii) received from the settlement of such a claim. ``(4) Backpay period.--The term `backpay period' means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Frontpay period.--The term `frontpay period' means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net backpay and frontpay amount.--The term `average annual net backpay and frontpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination backpay and frontpay, over ``(ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period and frontpay period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of such Code is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from backpay or frontpay received on account of certain unlawful employment discrimination.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 1998. SEC. 3. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following: ``(2) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1998. <all>

usgpo

2024-06-24T03:05:52.817628

BILLS-106hr2000ih

Military Survivor Benefits Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2000 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 2000 To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Scarborough (for himself, Mr. Weldon of Florida, Mr. Norwood, Mr. Pickering, and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Survivor Benefits Improvement Act of 1999''. SEC. 2. COMPUTATION OF SURVIVOR BENEFITS. (a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) of section 1451 of title 10, United States Code, is amended by striking ``35 percent of the base amount.'' and inserting ``the product of the base amount and the percent applicable for the month. The percent applicable for a month is 35 percent for months beginning on or before the date of the enactment of the Military Survivor Benefits Improvement Act of 1999, 40 percent for months beginning after such date and before October 2004, and 45 percent for months beginning after September 2004.''. (2) Subsection (a)(2)(B)(i)(I) of such section is amended by striking ``35 percent'' and inserting ``the percent specified under subsection (a)(1)(B)(i) as being applicable for the month''. (3) Subsection (c)(1)(B)(i) of such section is amended-- (A) by striking ``35 percent'' and inserting ``the applicable percent''; and (B) by adding at the end the following: ``The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for the month.''. (4) The heading for subsection (d)(2)(A) of such section is amended to read as follows: ``Computation of annuity.--''. (b) Adjusted Supplemental Annuity.--Section 1457(b) of title 10, United States Code, is amended-- (1) by striking ``5, 10, 15, or 20 percent'' and inserting ``the applicable percent''; and (2) by inserting after the first sentence the following: ``The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months beginning on or before the date of the enactment of the Military Survivor Benefits Improvement Act of 1999, 15 percent for months beginning after that date and before October 2004, and 10 percent for months beginning after September 2004.''. (c) Recomputation of Annuities.--(1) Effective on the first day of each month referred to in paragraph (2)-- (A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and (B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. (2) The requirements for recomputation of annuities under paragraph (1) apply with respect to the following months: (A) The first month that begins after the date of the enactment of this Act. (B) October 2004. (d) Recomputation of Retired Pay Reductions for Supplemental Survivor Annuities.--The Secretary of Defense shall take such actions as are required by the amendments made by subsection (b) and the provisions of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section. <all>

usgpo

2024-06-24T03:05:52.856303

BILLS-106hr1998ih

Medicare's Elderly Receiving Innovative Treatments (MERIT) Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1998 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1998 To amend title XVIII of the Social Security Act to promote the coverage of frail elderly Medicare beneficiaries permanently residing in nursing facilities in specialized health insurance programs for the frail elderly. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Ramstad (for himself and Mr. Cardin) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to promote the coverage of frail elderly Medicare beneficiaries permanently residing in nursing facilities in specialized health insurance programs for the frail elderly. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare's Elderly Receiving Innovative Treatments (MERIT) Act of 1999''. SEC. 2. MODIFICATION OF PAYMENT RULES. Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended-- (1) in subsection (a)(1)(A), by striking ``subsections (e) and (f)'' and inserting ``subsections (e) through (i)''; (2) in subsection (a)(3)(D), by inserting ``and paragraph (4)'' after ``section 1859(e)(4)''; and (3) by adding at the end of subsection (a) the following new paragraph: ``(4) Exemption from risk-adjustment system for frail elderly beneficiaries enrolled in specialized programs for the frail elderly.-- ``(A) In general.--During the period described in subparagraph (B), the risk-adjustment described in paragraph (3) shall not apply to a frail elderly Medicare+Choice beneficiary (as defined in subsection (i)(3)) who is enrolled in a Medicare+Choice plan under a specialized program for the frail elderly (as defined in subsection (i)(2)). ``(B) Period of application.--The period described in this subparagraph begins with January 2000 and ends with the first month for which the Secretary certifies to Congress that a comprehensive risk adjustment methodology under paragraph (3)(C) (that takes into account the types of factors described in subsection (i)(1)) is being fully implemented.''; and (4) by adding at the end the following new subsection: ``(i) Special Rules for Frail Elderly Enrolled in Specialized Programs for the Frail Elderly.-- ``(1) Development and implementation of new payment system.--The Secretary shall develop and implement (as soon as possible after the date of the enactment of this subsection), during the period described in subsection (a)(4)(B), a payment methodology for frail elderly Medicare+Choice beneficiaries enrolled in a Medicare+Choice plan under a specialized program for the frail elderly (as defined in paragraph (2)(A)). Such methodology shall account for the prevalence, mix, and severity of chronic conditions among such beneficiaries and shall include medical diagnostic factors from all provider settings (including hospital and nursing facility settings). It shall include functional indicators of health status and such other factors as may be necessary to achieve appropriate payments for plans serving such beneficiaries. ``(2) Specialized program for the frail elderly described.-- ``(A) In general.--For purposes of this part, the term `specialized program for the frail elderly' means a program which the Secretary determines-- ``(i) if offered under this part as a distinct part of a Medicare+Choice plan; ``(ii) primarily enrolls frail elderly Medicare+Choice beneficiaries; and ``(iii) has a clinical delivery system that is specifically designed to serve the special needs of such beneficiaries and to coordinate short-term and long-term care for such beneficiaries through the use of a team described in subparagraph (B) and through the provision of primary care services to such beneficiaries by means of such a team at the nursing facility involved. ``(B) Specialized team.--A team described in this subparagraph-- ``(i) includes-- ``(I) a physician, and ``(II) a nurse practitioner or geriatric care manager, or both; and ``(ii) has as members individuals who have special training and specialize in the care and management of the frail elderly beneficiaries. ``(3) Frail elderly medicare+choice beneficiary described.--For purposes of this part, the term `frail elderly Medicare+Choice beneficiary' means a Medicare+Choice eligible individual who-- ``(A) is residing in a skilled nursing facility or a nursing facility (as defined for purposes of title XIX) for an indefinite period and without any intention of residing outside the facility; and ``(B) has a severity of condition that makes the individual frail (as determined under guidelines approved by the Secretary).''. SEC. 3. CONTINUOUS OPEN ENROLLMENT FOR QUALIFIED INDIVIDUALS. (a) In General.--Section 1851(e) of the Social Security Act (42 U.S.C. 1395w-21(e)) is amended by adding at the end the following new paragraph: ``(7) Special rules for frail elderly medicare+choice beneficiaries enrolling in specialized programs for the frail elderly.--There shall be a continuous open enrollment period for any frail elderly Medicare+Choice beneficiary (as defined in section 1853(i)(3)) who is seeking to enroll in a Medicare+Choice plan under a specialized program for the frail elderly (as defined in section 1853(i)(2)).''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of the enactment of this Act. SEC. 4. DEVELOPMENT OF QUALITY MEASUREMENT PROGRAM. (a) In General.--Section 1852(e) of the Social Security Act (42 U.S.C. 1395w-22(e)) is amended by adding at the end the following new paragraph: ``(5) Quality measurement program for specialized programs for the frail elderly as part of medicare+choice plans.--The Secretary shall develop and implement a program to measure the quality of care provided in specialized programs for the frail elderly (as defined in section 1853(i)(2)) in order to reflect the unique health aspects and needs of frail elderly Medicare+Choice beneficiaries (as defined in section 1853(i)(3)). Such quality measurements may include indicators of the prevalence of pressure sores, reduction of iatrogenic disease, use of urinary catheters, use of anti-anxiety medications, use of advance directives, incidence of pneumonia, and incidence of congestive heart failure.''. (b) Effective Date.--The Secretary of Health and Human Services shall first provide for the implementation of the quality measurement program for specialized programs for the frail elderly under the amendment made by subsection (a) by not later than July 1, 2000. <all>

usgpo

2024-06-24T03:05:52.891063

BILLS-106hr1995ih

Teacher Empowerment Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1995 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1995 To amend the Elementary and Secondary Education Act of 1965 to empower teachers, improve student achievement through high-quality professional development for teachers, reauthorize the Reading Excellence Act, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. McKeon (for himself, Mr. Hastert, Mr. Armey, Mr. Watts of Oklahoma, Mr. Blunt, Ms. Pryce of Ohio, Mr. Goodling, Mr. Castle, Mr. Hoekstra, Mr. Barrett of Nebraska, Mr. Sam Johnson of Texas, Mr. Graham, Mr. McIntosh, Mr. Norwood, Mr. Hilleary, Mr. Fletcher, Mr. Isakson, Mrs. Northup, Mr. Cunningham, and Mr. Hill of Montana) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to empower teachers, improve student achievement through high-quality professional development for teachers, reauthorize the Reading Excellence Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Empowerment Act''. SEC. 2. TEACHER EMPOWERMENT. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by striking the heading for title II and inserting the following: ``TITLE II--TEACHER QUALITY''; (2) by repealing sections 2001 through 2003; and (3) by amending part A to read as follows: ``PART A--TEACHER EMPOWERMENT ``SEC. 2001. PURPOSE. ``The purpose of this part is to provide grants to States and localities in order to assist their efforts to increase student academic achievement through such strategies as improving teacher quality. ``Subpart 1--Grants to States ``SEC. 2011. FORMULA GRANTS TO STATES. ``(a) In General.--In the case of each State that in accordance with section 2013 submits to the Secretary an application for a fiscal year, the Secretary shall make a grant for the year to the State for the uses specified in section 2012. The grant shall consist of the allotment determined for the State under subsection (b). ``(b) Determination of Amount of Allotment.-- ``(1) Reservation of funds.--From the amount made available to carry out this subpart for any fiscal year, the Secretary shall reserve-- ``(A) \1/2\ of 1 percent for allotments for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among these outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purpose of this part; and ``(B) \1/2\ of 1 percent for the Secretary of the Interior for programs under this part for professional development activities for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. ``(2) State allotments.-- ``(A) In general.--Subject to subparagraph (B), from the total amount made available to carry out this subpart for any fiscal year and not reserved under paragraph (2), the Secretary shall allot to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico an amount as follows: ``(i) 50 percent of such total amount shall be allocated among such States on the basis of their relative populations of individuals aged 5 through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(ii) 50 percent of such total amount shall be allocated among such States in proportion to the number of children, aged 5 to 17, who reside within the State from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. ``(B) Exception.--No State receiving an allotment under subparagraph (A) may receive less than \1/2\ of 1 percent of the total amount made available to carry out this subpart for any fiscal year and not reserved under paragraph (1). ``(3) Reallotment.--If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot such amount to the remaining States in accordance with this subsection. ``SEC. 2012. WITHIN-STATE ALLOCATIONS. ``(a) Use of Funds.--Each State receiving a grant under this subpart shall use the funds provided under the grant in accordance with this section to carry out activities for the improvement of teaching and learning. ``(b) Required and Authorized Expenditures.-- ``(1) Required expenditures.--The Secretary may make a grant to a State under this subpart only if the State agrees to expend at least-- ``(A) 95 percent of the amount of the funds provided under the grant for the purpose of making subgrants to local educational agencies under subpart 3; and ``(B) 2.5 percent of the amount of the funds provided under the grant for the purpose of making subgrants to eligible partnerships under subpart 2 (of which percent, up to 5 percent may be used for planning and administration related to carrying out such purpose). ``(2) Authorized expenditures.--A State that receives a grant under this subpart may expend not more than 2.5 percent of the amount of the funds provided under the grant for one or more of the authorized State activities described in subsection (d) (of which percent, the State may use up to 5 percent for planning and administration related to carrying out such activities and making subgrants to local educational agencies under subpart 3). ``(c) Distribution of Subgrants to Local Educational Agencies.-- ``(1) Formula for 80 percent of funds.-- ``(A) In general.--Except as provided in subparagraph (B), a State receiving a grant under this subpart shall distribute 80 percent of the amount described in subsection (b)(1)(A) through a formula under which-- ``(i) 50 percent is allocated to local educational agencies in accordance with the relative enrollment in public and private nonprofit elementary and secondary schools within the boundaries of such agencies; and ``(ii) 50 percent is allocated to local educational agencies in proportion to the number of children, aged 5 to 17, who reside within the geographic area served by such agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in the geographic areas served by all the local educational agencies in the State for that fiscal year. ``(B) Alternative formula.--A State may increase the percentage described in subparagraph (A)(ii) (and commensurately decrease the percentage described in subparagraph (A)(i)). ``(2) Distribution of 20 percent of funds.--A State receiving a grant under this subpart shall distribute 20 percent of the amount described in subsection (b)(1)(A) through a competitive process. ``(d) Authorized State Activities.--The authorized State activities referred to in subsection (b)(2) are the following: ``(1) Reforming teacher certification, recertification, or licensure requirements to ensure that-- ``(A) teachers have the necessary teaching skills and academic content knowledge in the subject areas in which they are assigned to teach; ``(B) they are aligned with the State's challenging State content standards; and ``(C) teachers, principals, and administrators have the knowledge and skills necessary to help students meet challenging State student performance standards. ``(2) Carrying out programs that-- ``(A) include support during the initial teaching experience; and ``(B) establish, expand, or improve alternative routes to State certification of teachers for highly qualified individuals with a baccalaureate degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and recent college graduates with records of academic distinction. ``(3) Developing and implementing effective mechanisms to assist local educational agencies and schools in effectively recruiting highly qualified teachers. ``(4) Reforming tenure systems and implementing teacher testing and procedures to expeditiously remove incompetent or unqualified teachers. ``(5) Developing enhanced performance systems to measure the effectiveness of specific professional development programs and strategies. ``(6) Providing technical assistance to local educational agencies consistent with this part. ``(7) Funding projects to promote reciprocity of teacher certification or licensure between or among States. ``(8) Developing or assisting local educational agencies or eligible partnerships (as defined in section 2021(d)) in the development and utilization of proven, innovative strategies to deliver intensive professional development programs that are both cost-effective and easily accessible, such as through the use of technology and distance learning. ``(e) Coordination.--States receiving grants under section 202 of the Higher Education Act of 1965, shall coordinate the use of such funds with activities carried out under this section. ``(f) Public Accountability.-- ``(1) In general.--A State that receives a grant under this part-- ``(A) in the event the State provides public State report cards on education, shall include in such report cards-- ``(i) the percentage of classes in core academic subject areas that are taught by out- of-field teachers; and ``(ii) the average statewide class size; or ``(B) in the event the State provides no such report card, shall disseminate to the public the information described in clauses (i) and (ii) of subparagraph (A) through other means. ``(2) Public availability.--Such information shall be made widely available to the public, including parents and students, through major print and broadcast media outlets throughout the State. ``SEC. 2013. APPLICATIONS BY STATES. ``(a) In General.--To be eligible to receive a grant under this subpart, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Contents.--Each application under this section shall include the following: ``(1) A description of how the State will ensure that a local educational agency receiving a subgrant under subpart 3 will comply with the requirements of such subpart, including the required use of funds for mathematics and science programs, professional development, and hiring teachers to reduce class size. ``(2) A description of the specific performance indicators the State will use (including an identification of how such performance indicators will be measured and reported) for each local educational agency to measure the annual progress of activities funded under subpart 3 in increasing-- ``(A) student academic achievement; and ``(B) teacher quality, as demonstrated through a reduction in the number of out-of-field teachers in the classroom. ``(3) A description of the bonus incentives, if any, that will be provided to local educational agencies that exceed a level of improvement established by the State based on such performance indicators, and actions the State will take in the event a local educational agency fails to meet or make progress toward such level of improvement. ``(4) A description of how the State will coordinate professional development activities authorized under this part with professional development activities provided under other Federal, State, and local programs, including those authorized under title I, title III, title IV, part A of title VII, and (where applicable) the Individuals with Disabilities Education Act and the Carl D. Perkins Vocational and Technical Education Act. The description shall include information on the use of technology to improve teaching and learning. ``(5) A description of how the State will encourage the development of proven, innovative strategies to deliver intensive professional development programs that are both cost- effective and easily accessible, such as through the use of technology and distance learning. ``(c) Application Submission.--A State application submitted to the Secretary under this section shall be approved by the Secretary unless the Secretary makes a written determination, within 90 days after receiving the application, that the application is in violation of the provisions of this Act. ``Subpart 2--Subgrants to Eligible Partnerships ``SEC. 2021. PARTNERSHIP GRANTS. ``(a) In General.--From the amount described in section 2012(b)(1)(B), the State agency for higher education, working in conjunction with the State educational agency (if such agencies are separate), shall award grants on a competitive basis to eligible partnerships to enable such partnerships to carry out activities described in subsection (b). ``(b) Use of Funds.--A recipient of funds under this section shall use the funds for-- ``(1) professional development activities in core academic subjects to ensure that teachers have content knowledge in the subjects they teach; and ``(2) developing and providing assistance to local educational agencies and the teachers, principals, and administrators, of each such agency, for sustained, high- quality professional development activities. ``(c) Special Rule.--No single participant in an eligible partnership may retain more than 50 percent of the funds made available to the partnership under this section. ``(d) Eligible Partnerships.--As used in this section, the term `eligible partnerships' means an entity that-- ``(1) shall include-- ``(A) a high-need local educational agency; ``(B) a school of arts and sciences; and ``(C) an institution that prepares teachers; and ``(2) may include other local educational agencies, a public charter school, a public or private elementary or secondary school, an educational service agency, a public or private nonprofit educational organization, or a business. ``(e) Coordination.--Partnerships receiving grants under section 203 of the Higher Education Act of 1965 shall coordinate the use of such funds with any related activities carried out by such partnership with funds made available under this section. ``Subpart 3--Subgrants to Local Educational Agencies ``SEC. 2031. LOCAL USE OF FUNDS. ``(a) Required Activities.-- ``(1) In general.--Each local educational agency that receives a subgrant under this subpart shall use the subgrant to carry out the activities described in this subsection. ``(2) Mathematics and science.-- ``(A) In general.--Of the amount made available to each local educational agency under this subpart for a fiscal year, the agency shall use not less than the amount provided to the agency under section 2206(b) of this Act (as in effect on the day before the date of the enactment of the Teacher Empowerment Act) for the fiscal year preceding such enactment for professional development activities in mathematics and science in accordance with section 2033. ``(B) Waiver.-- ``(i) Application.--A local educational agency may seek a waiver of the requirement in subparagraph (A) from a State in order to allow the local educational agency to use such funds for professional development in academic subjects other than mathematics and science. ``(ii) Standard for granting.--A State may not approve such a waiver unless the local educational agency is able to demonstrate that-- ``(I) the professional development needs of mathematics and science teachers, including elementary teachers responsible for teaching mathematics and science, have been adequately met; ``(II) State assessments in mathematics or science demonstrate that each school within the local educational agency has made progress toward meeting the challenging State or local content standards and student performance standards in these areas; and ``(III) State assessments in other academic subjects demonstrate a need to focus on subjects other than mathematics and science. ``(iii) Grandfather of old waivers.--A waiver provided to a local educational agency under part D of title XIV prior to the date of the enactment of the Teacher Empowerment Act shall be deemed effective until such time as it otherwise would have ceased to be effective. ``(3) Professional development activities.--Each local educational agency that receives a subgrant under this subpart shall use a portion of such funds for professional development activities that give teachers, principals, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State or local content standards and student performance standards. Such activities shall be consistent with sections 2033 and 2034. ``(4) Hiring teachers.-- ``(A) In general.--Each local educational agency that receives a subgrant under this subpart shall use a portion of such funds for recruiting, hiring, and training certified teachers, including teachers certified through State and local alternative routes, in order to reduce class size. ``(B) Special rule for special education teachers.--Notwithstanding subparagraph (A), a local educational agency may use some or all of the funds described in such subparagraph to hire special education teachers regardless of whether such action reduces class size. ``(C) Waiver.-- ``(i) Application.--A local educational agency may seek a waiver of the requirement in subparagraph (A) from a State in order to allow the local educational agency to use such funds for purposes other than hiring teachers in order to reduce class size. ``(ii) Standard for granting.--A State may not approve such a waiver unless the local educational agency is able to demonstrate that-- ``(I) such funds will be used to ensure that all instructional staff have the subject matter knowledge, teaching knowledge, and teaching skills necessary to teach effectively in the content area or areas in which they provide instruction; or ``(II) an initiative to reduce class size would result in having to rely on underqualified teachers, inadequate classroom space, or would have any other negative consequence affecting the efforts of the local educational agency to improve student academic achievement. ``(b) Allowable Activities.--Each local educational agency that receives a subgrant under this subpart may use the subgrant to carry out the following activities: ``(1) Initiatives to assist recruitment of highly qualified teachers, including-- ``(A) providing signing bonuses or other financial incentives for teachers to teach in academic subject areas in which there exists a shortage of such teachers within the school or local educational agency; ``(B) establishing programs that-- ``(i) recruit professionals from other fields and provide such professionals with alternative routes to teacher certification; and ``(ii) provide increased opportunities for minorities, individuals with disabilities, and other individuals underrepresented in the teaching profession; and ``(C) implementing hiring policies that ensure comprehensive recruitment efforts as a way to expand the applicant pool, such as through identifying teachers certified through alternative routes, coupled with a system of intensive screening designed to hire the most qualified applicant. ``(2) Initiatives to promote retention of highly qualified teachers, including-- ``(A) programs that provide mentoring to newly hired teachers, such as from master teachers; or ``(B) programs that provide other incentives for highly qualified teachers to remain in the classroom. ``(3) Programs and activities that are designed to improve the quality of the teacher force, such as-- ``(A) innovative professional development programs (which may be through partnerships including institutions of higher education), including programs that train teachers to utilize technology to improve teaching and learning, that are consistent with the requirements of section 2033; ``(B) development and utilization of proven, cost- effective strategies for the delivery of professional development activities, such as through the utilization of technology and distance learning; ``(C) tenure reform; ``(D) merit pay; ``(E) testing of elementary and secondary school teachers in the subject areas taught by such teachers; ``(F) professional development programs that provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs; and ``(G) professional development programs that provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help such children learn. ``(4) Teacher opportunity payments, consistent with section 2034. ``SEC. 2032. LOCAL APPLICATIONS. ``(a) In General.--A local educational agency seeking to receive a subgrant from a State under this subpart shall submit an application to the State-- ``(1) at such time as the State shall require; and ``(2) which is coordinated with other programs under this Act, or other Acts, as appropriate. ``(b) Local Application Contents.--The local application described in subsection (a), shall include, at a minimum, the following: ``(1) A description of the how the local educational agency intends to use funds provided under this subpart, including an assurance that the local educational agency will meet the requirements for the use of funds for mathematics and science programs, professional development, and hiring teachers to reduce class size under section 2031. ``(2) An assurance that the local educational agency will target funds to schools within the jurisdiction of the local educational agency that-- ``(A) have the highest proportion of out-of-field teachers; ``(B) have the largest average class size; or ``(C) are identified for school improvement under section 1116(c). ``(3) A description of how the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other Federal, State, and local programs, including those authorized under title I, title III, title IV, part A of title VII, and (where applicable) the Individuals with Disabilities Education Act and the Carl D. Perkins Vocational and Technical Education Act. ``(4) A description of how the local educational agency will integrate funds under this subpart with funds received under title III that are used for professional development to train teachers in how to use technology to improve learning and teaching. ``(c) Parents' Right-To-Know.--A local educational agency that receives funds under this subpart shall provide, upon request and in an understandable and uniform format, to any parent of a student attending any school receiving funds under this subpart, information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: ``(1) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. ``(2) Whether the teacher is teaching under `emergency' or other provisional status through which State qualification or licensing criteria have been waived. ``(3) The college major of the teacher and any other graduate certification or degree held by the teacher, and the field or discipline of the certification or degree. ``SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS. ``(a) Limitation Relating to Curriculum and Content Areas.-- ``(1) In general.--Except as provided in paragraph (2), professional development funds under this subpart may not be provided for a teacher and an activity if the activity is not-- ``(A) directly related to the curriculum and content areas in which the teacher provides instruction; or ``(B) designed to enhance the teaching of such areas. ``(2) Exception.--Paragraph (1) does not apply to funds for professional development activities that instruct in methods of disciplining children. ``(b) Other Requirements.--Professional development activities funded under this subpart-- ``(1) shall be measured, in terms of progress, using the specific performance indicators established by the State in accordance with section 2013(b)(2); ``(2) shall be tied to challenging State or local content standards and student performance standards; ``(3) shall be tied to scientifically based research demonstrating the effectiveness of such program in increasing student achievement or substantially increasing the knowledge and teaching skills of such teachers; ``(4) shall be of sufficient intensity and duration (such as generally not to include 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teacher's performance in the classroom; and ``(5) shall be developed with extensive participation of teachers, principals, and administrators of schools to be served under this part. ``(c) Accountability.-- ``(1) In general.--A State shall notify a local educational agency that the agency is on notice of the possibility that the agency may be subject to the requirement in paragraph (3) if, after any fiscal year, the State determines that the programs or activities funded by the agency fail to meet the requirements of subsections (a) and (b). ``(2) Technical assistance.--A local educational agency that has been put on notice pursuant to paragraph (1) may request technical assistance from the State in order to provide the opportunity for such local educational agency to comply with the requirements of subsections (a) and (b). ``(3) Requirement to provide teacher opportunity payments.--A local educational agency that has been put on notice by the State pursuant to paragraph (1) during any 2 consecutive fiscal years shall expend under section 2034 for the succeeding fiscal year a proportion of the amount made available to the agency under this subpart equal to the proportion of such amount expended by the agency on professional development for the second fiscal year in which it was put on notice. ``SEC. 2034. TEACHER OPPORTUNITY PAYMENTS. ``(a) In General.--A local educational agency receiving funds under this subpart may (or, in the case of a local educational agency described in section 2033(c)(3), shall) provide funds directly to a teacher or a group of teachers seeking opportunities to participate in a professional development activity of their choice. ``(b) Notice to Teachers.--Local educational agencies distributing funds under this section shall establish and implement a timely process through which proper notice of availability of funds will be given to all teachers within schools identified by the agency and shall develop a process whereby teachers will be specifically recommended by principals to participate in such program by virtue of-- ``(1) their lack of full certification to teach in the subject or subjects in which they teach; or ``(2) their need for additional assistance to ensure that their students make progress toward meeting challenging State content standards and student performance standards. ``(c) Selection of Teachers.--In the event adequate funding is not available to provide payments under this section to all teachers seeking such assistance, or identified as needing such assistance pursuant to subsection (b), a local educational agency shall establish procedures for selecting teachers which provide a priority for those teachers described in paragraph (1) or (2) of subsection (b). ``(d) Eligible Program.--Teachers receiving a payment under this section shall have the choice of attending any professional development program that meets the criteria set forth in subsection (a) or (b) of section 2033. ``Subpart 4--National Activities ``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING. ``(a) Teacher Excellence Academies.-- ``(1) In general.--The Secretary may award grants on a competitive basis to eligible consortia to carry out activities described in this subsection. ``(2) Use of funds.-- ``(A) In general.--An eligible consortium receiving funds under this subsection shall use the funds to pay the costs associated with the establishment or expansion of a teacher academy in an elementary or secondary school facility that carries out the activities promoting alternative routes to State teacher certification specified in subparagraph (B), the model professional development activities specified in subparagraph (C), or all such activities. ``(B) Promoting alternative routes to teacher certification.--The activities promoting alternative routes to State teacher certification specified in this subparagraph are the design and implementation of a course of study and activities providing an alternative route to State teacher certification that-- ``(i) provide opportunities to highly qualified individuals with a baccalaureate degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and recent college graduates with records of academic distinction; ``(ii) provide stipends, for not more than 2 years, to permit individuals described in clause (i) to participate as student teachers able to fill teaching needs in academic subjects in which there is a demonstrated shortage of teachers; ``(iii) provide for the recruitment and hiring of master teachers to mentor and train student teachers within such academies; and ``(iv) include a reasonable service requirement for individuals completing the alternative certification program established by the consortium. ``(C) Model professional development.--The model professional development activities specified in this subparagraph are activities providing ongoing professional development opportunities for teachers, such as-- ``(i) innovative programs and model curricula in the area of professional development which may serve as models to be disseminated to other schools and local educational agencies; and ``(ii) developing innovative techniques for evaluating the effectiveness of professional development programs. ``(3) Priority.--The Secretary shall award not less than 1 grant to a consortium that-- ``(A) includes a high-need local educational agency located in a rural area; and ``(B) proposes the extensive use of distance learning in order to provide the applicable course work to student teachers. ``(4) Special rule.--No single participant in an eligible consortium may retain more than 50 percent of the funds made available to the consortium under this subsection. ``(5) Application.--To be eligible to receive a grant under this subsection, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(6) Eligible consortium.--In this subsection, the term `eligible consortium' means a consortium for a State that-- ``(A) shall include-- ``(i) the State agency responsible for certifying teachers; ``(ii) not less than 1 high-need local educational agency; ``(iii) a school of arts and sciences; and ``(iv) an institution that prepares teachers; and ``(B) may include local educational agencies, public charter schools, public or private elementary or secondary schools, educational service agencies, public or private nonprofit educational organizations, museums, or businesses. ``(b) Continuation of Troops-to-Teachers Program.-- ``(1) Purpose.--It is the purpose of this subsection to authorize the continuation after September 30, 1999, of the teachers and teachers' aide placement program known as the `troops-to-teachers program', which was established by the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, under section 1151 of title 10, United States Code. ``(2) Transfer of funds to continue program.--Subject to the requirements of this subsection, the Secretary of Education may provide a transfer of funds to the Defense Activity for Non-Traditional Education Support of the Department of Defense to permit the Defense Activity to carry out the troops-to- teachers program under section 1151 of title 10, United States Code, notwithstanding the termination date specified in subsection (c)(1)(A) of such section. ``(3) Defense and coast guard contribution.--The Secretary of Education may not make a transfer of funds under paragraph (2) unless the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, agree to cover not less than 25 percent of the costs associated with the activities conducted under the troops-to-teachers program. The contributions may be in the form of in-kind contributions or cash expenditures, which may include the use of private contributions made for purposes of the program. ``(4) Eligible members.--After September 30, 1999, the troops-to-teachers program shall have a primary focus of recruiting members of the Armed Forces who are retiring after not less than 20 years of active duty. ``(5) Placement priority.--The Defense Activity for Non- Traditional Education Support shall cooperate with the Department of Education in efforts to notify high-need local educational agencies of the services available to them under the troops-to-teachers program. ``SEC. 2042. NATIONAL WRITING PROJECT. ``The Secretary may make a grant to the National Writing Project, a nonprofit educational organization which has as its primary purpose the improvement of the quality of student writing and learning and the teaching of writing as a learning process in the Nation's classrooms. ``SEC. 2043. EISENHOWER NATIONAL CLEARINGHOUSE FOR MATHEMATICS AND SCIENCE EDUCATION. ``The Secretary may award a grant or contract, in consultation with the Director of the National Science Foundation, to continue the Eisenhower National Clearinghouse for Mathematics and Science Education. ``Subpart 5--Funding ``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS. ``(a) Fiscal Year 2000.--For the purpose of carrying out this part, there are authorized to be appropriated $2,060,000,000 for fiscal year 2000, of which $20,000,000 are authorized to be appropriated to carry out subpart 4. ``(b) Other Fiscal Years.--For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal years 2001 through 2004. ``Subpart 6--General Provisions ``SEC. 2061. DEFINITIONS. ``For purposes of this part-- ``(1) Arts and sciences.--The term `arts and sciences' means-- ``(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and ``(B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. ``(2) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency that serves an elementary school or secondary school located in an area in which there is-- ``(A) a high percentage of individuals from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))); ``(B) a high percentage of secondary school teachers not teaching in the content area in which the teachers were trained to teach; or ``(C) a high teacher turnover rate. ``(3) Out-of-field teacher.--The term `out-of-field teacher' means a teacher-- ``(A) teaching a subject for which he or she is not fully qualified, as determined by the State; or ``(B) who did not receive a degree from an institution of higher education with a major or minor in the field in which he or she teaches. ``(4) Scientifically based research.--The term `scientifically based research'-- ``(A) means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to professional development of teachers; and ``(B) shall include research that-- ``(i) employs systematic, empirical methods that draw on observation or experiment; ``(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; ``(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and ``(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.''. (b) Conforming Amendments.-- (1) National writing project.--Part K of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331 et seq.) is repealed. (2) Reference to national clearinghouse for mathematics and science education.--Section 13302(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8672(1)) is amended by striking ``2102(b)'' and inserting ``2043''. SEC. 3. AMENDMENTS RELATING TO READING EXCELLENCE ACT. (a) Repeal of Part B.--Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641-6651) is repealed. (b) Reading Excellence Act.-- (1) Part heading.--Part C of title II of such Act is redesignated as part B and the heading for such part B is amended to read as follows: ``PART B--READING EXCELLENCE ACT''. (2) Authorization of appropriations.--Section 2260 of such Act (20 U.S.C. 6661i) is amended by adding at the end the following: ``(3) Fiscal years 2001 to 2004.--There are authorized to be appropriated to carry out this part $260,000,000 for fiscal year 2001 and such sums as may be necessary for fiscal years 2002 through 2004.''. SEC. 4. GENERAL PROVISIONS (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by repealing part D; (2) by redesignating part E as part C; and (3) by striking sections 2401 and 2402 and inserting the following: ``SEC. 2401. PROHIBITION ON NATIONAL CERTIFICATION OF TEACHERS. ``(a) Prohibition on Testing or Certification.--Notwithstanding any other provision of law, the Secretary is prohibited from using Federal funds to plan, develop, implement, or administer any national teacher test or certification. ``(b) Prohibition on Withholding Funds.--The Secretary is prohibited from withholding funds from any State or local educational agency if such State or local educational agency fails to adopt a specific method of teacher certification. ``SEC. 2402. PROVISIONS RELATED TO PRIVATE SCHOOLS. ``The provisions of sections 14503 through 14506 apply to programs under this title. ``SEC. 2403. HOME SCHOOLS. ``Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or services under this title.''. (b) Conforming Amendments.-- (1) Definition of covered program.--Section 14101(10)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(10)(C)) is amended by striking ``(other than section 2103 and part D)''. (2) Private school participation.--Section 14503(b)(1)(B) (20 U.S.C. 8893(b)(1)(B)) of such Act is amended by striking ``(other than section 2103 and part D of such title)''. <all>

usgpo

2024-06-24T03:05:53.107309

BILLS-106hr1999ih

Medicare Community Nursing Demonstration Extension Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1999 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1999 To extend certain Medicare community nursing organization demonstration projects. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Ramstad introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To extend certain Medicare community nursing organization demonstration projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Community Nursing Demonstration Extension Act of 1999''. SEC. 2. EXTENSION OF CERTAIN MEDICARE COMMUNITY NURSING ORGANIZATION DEMONSTRATION PROJECTS. Notwithstanding any other provision of law and in addition to the extension provided under section 4019 of the Balanced Budget Act of 1997, demonstration projects conducted under section 4079 of the Omnibus Budget Reconciliation Act of 1987 shall be conducted for an additional period of 3 years, and the deadline for any report required relating to the results of such projects shall be not later than 6 months before the end of such additional period. <all>

usgpo

2024-06-24T03:05:53.252870

BILLS-106hr2003ih

American Handgun Standards Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2003 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 2003 To apply the same quality and safety standards to domestically manufactured handguns that are currently applied to imported handguns. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mrs. Tauscher (for herself, Mr. Ackerman, Mr. Abercrombie, Mr. Berman, Mr. Blagojevich, Mr. Brown of California, Mrs. Christensen, Mr. Coyne, Mr. Crowley, Ms. Jackson-Lee of Texas, Ms. Kilpatrick, Mr. Lewis of Georgia, Mr. Lipinski, Ms. Lofgren, Mrs. Lowey, Mr. McGovern, Mr. Meehan, Ms. Millender-McDonald, Ms. Norton, Mr. Sherman, Mr. Stark, Mr. Tierney, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To apply the same quality and safety standards to domestically manufactured handguns that are currently applied to imported handguns. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Handgun Standards Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Gun Control Act of 1968 prohibited the importation of handguns that failed to meet minimum quality and safety standards; (2) the Gun Control Act of 1968 did not impose any quality and safety standards on domestically produced handguns; (3) domestically produced handguns are specifically exempted from oversight by the Consumer Product Safety Commission and are not required to meet any quality and safety standards; (4) each year-- (A) gunshots kill more than 35,000 Americans and wound approximately 250,000; (B) approximately 75,000 Americans are hospitalized for the treatment of gunshot wounds; (C) Americans spend more than $20 billion for the medical treatment of gunshot wounds; and (D) gun violence costs the United States economy a total of $135 billion; (5) the disparate treatment of imported handguns and domestically produced handguns has led to the creation of a high-volume market for junk guns, defined as those handguns that fail to meet the quality and safety standards required of imported handguns; (6) traffic in junk guns constitutes a serious threat to public welfare and to law enforcement officers; (7) junk guns are used disproportionately in the commission of crimes; and (8) the domestic manufacture, transfer, and possession of junk guns should be restricted. SEC. 3. DEFINITION OF JUNK GUN. Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(35) The term `junk gun' means any handgun that does not meet the standard imposed on imported handguns as described in section 925(d)(3), and any regulations issued under such section.''. SEC. 4. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN HANDGUNS. Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(z)(1) It shall be unlawful for a person to manufacture, transfer, or possess a junk gun that has been shipped or transported in interstate or foreign commerce. ``(2) Paragraph (1) shall not apply to-- ``(A) the possession or transfer of a junk gun otherwise lawfully possessed under Federal law on the date of the enactment of the American Handgun Standards Act of 1999; ``(B) a firearm or replica of a firearm that has been rendered permanently inoperative; ``(C)(i) the manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a junk gun; or ``(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a junk gun for law enforcement purposes (whether on or off-duty); ``(D) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a junk gun for purposes of law enforcement (whether on or off- duty); or ``(E) the manufacture, transfer, or possession of a junk gun by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. <all>

usgpo

2024-06-24T03:05:53.285083

BILLS-106hr2004ih

To provide that for taxable years beginning before 1980 the Federal income tax deductibility of flight training expenses shall be determined without regard to whether such expenses were reimbursed through certain veterans educational assistance allowances.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2004 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 2004 To provide that for taxable years beginning before 1980 the Federal income tax deductibility of flight training expenses shall be determined without regard to whether such expenses were reimbursed through certain veterans educational assistance allowances. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mrs. Tauscher (for herself, Mr. Abercrombie, Mr. Bilbray, Mrs. Bono, Mr. Brown of California, Mr. Dixon, Mr. Dreier, Mr. Evans, Mr. Frost, Mr. Hall of Ohio, Mr. Inslee, Mr. Kennedy of Rhode Island, Ms. Kilpatrick, Mr. Kuykendall, Mr. Lampson, Mr. Lantos, Ms. Lofgren, Mr. Mascara, Mr. Matsui, Mr. McGovern, Mr. McKeon, Mr. Metcalf, Mr. George Miller of California, Mr. Gary Miller of California, Mrs. Mink of Hawaii, Mr. Peterson of Minnesota, Mr. Rohrabacher, Mr. Stark, Mr. Towns, Mr. Traficant, Mr. Weiner, and Mr. Wynn) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To provide that for taxable years beginning before 1980 the Federal income tax deductibility of flight training expenses shall be determined without regard to whether such expenses were reimbursed through certain veterans educational assistance allowances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TREATMENT OF CERTAIN REIMBURSED FLIGHT TRAINING EXPENSES. (a) In General.--In the case of a taxable year beginning before January 1, 1980, the determination of whether a deduction is allowable under section 162(a) of the Internal Revenue Code of 1986 for flight training expenses shall be made without regard to whether the taxpayer was reimbursed for any portion of such expenses under section 1677(b) of title 38, United States Code (as in effect before its repeal by Public Law 97-35). (b) Statute of Limitations.--If refund or credit of any overpayment of tax resulting from the application of subsection (a) is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), refund or credit of such overpayment (to the extent attributable to the application of subsection (a)) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period. <all>

usgpo

2024-06-24T03:05:53.317743

BILLS-106hr2002ih

Anesthesia Outcomes Study Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2002 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 2002 To require the Secretary of Health and Human Services to conduct a study on mortality and adverse outcome rates of Medicare patients of providers of anesthesia services, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Stark (for himself, Mr. Matsui, Mr. Lewis of Georgia, Mrs. Thurman, and Mr. Becerra) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require the Secretary of Health and Human Services to conduct a study on mortality and adverse outcome rates of Medicare patients of providers of anesthesia services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anesthesia Outcomes Study Act of 1999''. SEC. 2. ANESTHESIA OUTCOME STUDY. (a) Study.--(1) The Secretary of Health and Human Services shall conduct a study of mortality and adverse outcome rates of Medicare patients by providers of anesthesia services. In conducting the study, the Secretary shall analyze the impact of physician supervision of providers of anesthesia services, or lack thereof, on such mortality and adverse outcome rates. (2) In conducting the study, the Secretary shall consult with appropriate national professional organizations with respect to the methodology of the study, and shall use Medicare operating room anesthesia data, adjusted for patient acuity and other relevant scientific variables. (b) Report.--Not later than June 30, 2000, the Secretary shall submit to Congress a report containing the results of the study conducted under subsection (a). (c) Consideration of Report in Rulemaking.--The Secretary shall consider the results of such study when determining if any modification or change to the existing Medicare regulations in effect on January 1, 1999, dealing with physician supervision of anesthesia services may be appropriate. <all>

usgpo

2024-06-24T03:05:53.518481

BILLS-106hr432enr

An act to designate the North/South Center as the Dante B. Fascell North-South Center.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 432 Enrolled Bill (ENR)] H.R.432 One Hundred Sixth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Wednesday, the sixth day of January, one thousand nine hundred and ninety-nine An Act To designate the North/South Center as the Dante B. Fascell North-South Center. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF NORTH/SOUTH CENTER AS THE DANTE B. FASCELL NORTH-SOUTH CENTER. Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Short Title.--This section may be cited as the ``Dante B. Fascell North-South Center Act of 1991''; (2) in subsection (c)-- (A) by amending the subsection heading to read as follows: ``Dante B. Fascell North-South Center.--''; and (B) by striking ``known as the North/South Center,'' and inserting ``which shall be known and designated as the Dante B. Fascell North-South Center,''; and (3) in subsection (d), by striking ``North/South Center'' and inserting ``Dante B. Fascell North-South Center''. SEC. 2. REFERENCES. (a) Center.--Any reference in any other provision of law to the educational institution in Florida known as the North/South Center shall be deemed to be a reference to the ``Dante B. Fascell North-South Center''. (b) Short Title.--Any reference in any other provision of law to the North/South Center Act of 1991 shall be deemed to be a reference to the ``Dante B. Fascell North-South Center Act of 1991''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

usgpo

2024-06-24T03:05:53.692622

BILLS-106hr441eh

Nursing Relief for Disadvantaged Areas Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 441 Engrossed in House (EH)] 1st Session H. R. 441 _______________________________________________________________________ AN ACT To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas. 106th CONGRESS 1st Session H. R. 441 _______________________________________________________________________ AN ACT To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief for Disadvantaged Areas Act of 1999''. SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS DURING 4-YEAR PERIOD. (a) Establishment of a New Nonimmigrant Classification for Nonimmigrant Nurses in Health Professional Shortage Areas.--Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking ``; or'' at the end and inserting the following: ``, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; or''. (b) Requirements.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in section 101(a)(15)(H)(i)(c), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; ``(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The facility meets all the requirements of paragraph (6). ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. ``(iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. ``(iv) The facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses. ``(v) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(vi) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations. ``(vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c) that exceeds 33 percent of the total number of registered nurses employed by the facility. ``(viii) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999. A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing. ``(B) For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: ``(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. ``(ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses. ``(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. ``(iv) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate that taking a second step is not reasonable. ``(C) Subject to subparagraph (E), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. ``(E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. ``(ii) The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(F)(i) The Secretary of Labor shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be 3 years. ``(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500. The number of such visas issued for employment in each State in each fiscal year shall not exceed the following: ``(A) For States with populations of less than 9,000,000, based upon the 1990 decennial census of population, 25 visas. ``(B) For States with populations of 9,000,000 or more, based upon the 1990 decennial census of population, 50 visas. ``(C) If the total number of visas available under this paragraph for a fiscal year quarter exceeds the number of qualified nonimmigrants who may be issued such visas during those quarters, the visas made available under this paragraph shall be issued without regard to the numerical limitation under subparagraph (A) or (B) of this paragraph during the last fiscal year quarter. ``(5) A facility that has filed a petition under section 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; ``(B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and ``(C) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c), the term `facility' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements: ``(A) As of March 31, 1997, the hospital was located in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). ``(B) Based on its settled cost report filed under title XVIII of the Social Security Act for its cost reporting period beginning during fiscal year 1994-- ``(i) the hospital has not less than 190 licensed acute care beds; ``(ii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title is not less than 35 percent of the total number of such hospital's acute care inpatient days for such period; and ``(iii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. ``(7) For purposes of paragraph (2)(A)(v), the term `lay off', with respect to a worker-- ``(A) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. Nothing in this paragraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract.''. (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking subclause (a). (d) Implementation.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act (as amended by subsection (b)). (e) Limiting Application of Nonimmigrant Changes to 4-Year Period.--The amendments made by this section shall apply to classification petitions filed for nonimmigrant status only during the 4-year period beginning on the date that interim or final regulations are first promulgated under subsection (d). SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE. Not later than the last day of the 4-year period described in section 2(e), the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the Congress recommendations (including legislative specifications) with respect to the following: (1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act (as amended by section 2(b)) on nonimmigrant registered nurses by providing for a permanent solution to the shortage of registered nurses who are United States citizens or aliens lawfully admitted for permanent residence. (2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act (as amended by section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act (as so amended). SEC. 4. CERTIFICATION FOR CERTAIN ALIEN NURSES. (a) In General.-- (1) Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following new subsection: ``(r) Subsection (a)(5)(C) shall not apply to an alien who seeks to enter the United States for the purpose of performing labor as a nurse who presents to the consular officer (or in the case of an adjustment of status, the Attorney General) a certified statement from the Commission on Graduates of Foreign Nursing Schools (or an equivalent independent credentialing organization approved for the certification of nurses under subsection (a)(5)(C) by the Attorney General in consultation with the Secretary of Health and Human Services) that-- ``(1) the alien has a valid and unrestricted license as a nurse in a State where the alien intends to be employed and such State verifies that the foreign licenses of alien nurses are authentic and unencumbered; ``(2) the alien has passed the National Council Licensure Examination (NCLEX); ``(3) the alien is a graduate of a nursing program-- ``(A) in which the language of instruction was English; ``(B) located in a country-- ``(i) designated by such commission not later than 30 days after the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999, based on such commission's assessment that the quality of nursing education in that country, and the English language proficiency of those who complete such programs in that country, justify the country's designation; or ``(ii) designated on the basis of such an assessment by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection; and ``(C)(i) which was in operation on or before the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999; or ``(ii) has been approved by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection.''. (2) Section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)) is amended by striking ``Any alien who seeks'' and inserting ``Subject to subsection (r), any alien who seeks''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (c) Issuance of Certified Statements.--The Commission on Graduates of Foreign Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified statements pursuant to the amendment under subsection (a) not more than 35 days after the receipt of a complete application for such a statement. Passed the House of Representatives May 24, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:53.777357

BILLS-106hr209rh

Technology Transfer Commercialization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 209 Reported in House (RH)] Union Calendar No. 70 106th CONGRESS 1st Session H. R. 209 [Report No. 106-129, Part I] _______________________________________________________________________ A BILL To improve the ability of Federal agencies to license federally owned inventions. _______________________________________________________________________ May 6, 1999 Reported from the Committee on Science with an amendment May 6, 1999 Referral to the Committee on the Judiciary extended for a period not later than May 6, 1999 May 6, 1999 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed Union Calendar No. 70 106th CONGRESS 1st Session H. R. 209 [Report No. 106-129, Part I] To improve the ability of Federal agencies to license federally owned inventions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 1999 Mrs. Morella (for herself and Mr. Brown of California) introduced the following bill; which was referred to the Committee on Science, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned May 6, 1999 Reported from the Committee on Science with an amendment [Strike out all after the enacting clause and insert the part printed in italic] May 6, 1999 Referral to the Committee on the Judiciary extended for a period not later than May 6, 1999 May 6, 1999 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on January 6, 1999] _______________________________________________________________________ A BILL To improve the ability of Federal agencies to license federally owned inventions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Transfer Commercialization Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) the importance of linking our unparalleled network of over 700 Federal laboratories and our Nation's universities with United States industry continues to hold great promise for our future economic prosperity; (2) the enactment of the Bayh-Dole Act in 1980 was a landmark change in United States technology policy, and its success provides a framework for removing bureaucratic barriers and for simplifying the granting of licenses for inventions that are now in the Federal Government's patent portfolio; (3) Congress has demonstrated a commitment over the past 2 decades to fostering technology transfer from our Federal laboratories and to promoting public/private sector partnerships to enhance our international competitiveness; (4) Federal technology transfer activities have strengthened the ability of United States industry to compete in the global marketplace; developed a new paradigm for greater collaboration among the scientific enterprises that conduct our Nation's research and development--government, industry, and universities; and improved the quality of life for the American people, from medicine to materials; (5) the technology transfer process must be made ``industry friendly'' for companies to be willing to invest the significant time and resources needed to develop new products, processes, and jobs using federally funded inventions; and (6) Federal technology licensing procedures should balance the public policy needs of adequately protecting the rights of the public, encouraging companies to develop existing government inventions, and making the entire system of developing government technologies more consistent and simple. SEC. 3. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(b)(1)) is amended by inserting ``or, subject to section 209 of title 35, United States Code, may grant a license to an invention which is federally owned, for which a patent application was filed before the signing of the agreement, and directly within the scope of the work under the agreement,'' after ``under the agreement,''. SEC. 4. LICENSING FEDERALLY OWNED INVENTIONS. (a) Amendment.--Section 209 of title 35, United States Code, is amended to read as follows: ``Sec. 209. Licensing federally owned inventions ``(a) Authority.--A Federal agency may grant an exclusive or partially exclusive license on a federally owned invention under section 207(a)(2) only if-- ``(1) granting the license is a reasonable and necessary incentive to-- ``(A) call forth the investment capital and expenditures needed to bring the invention to practical application; or ``(B) otherwise promote the invention's utilization by the public; ``(2) the Federal agency finds that the public will be served by the granting of the license, as indicated by the applicant's intentions, plans, and ability to bring the invention to practical application or otherwise promote the invention's utilization by the public, and that the proposed scope of exclusivity is not greater than reasonably necessary to provide the incentive for bringing the invention to practical utilization, as proposed by the applicant, or otherwise to promote the invention's utilization by the public; ``(3) the applicant makes a commitment to achieve practical utilization of the invention within a reasonable time, which time may be extended by the agency upon the applicant's request and the applicant's demonstration that the refusal of such extension would be unreasonable; ``(4) granting the license will not tend to substantially lessen competition or create or maintain a violation of the Federal antitrust laws; and ``(5) in the case of an invention covered by a foreign patent application or patent, the interests of the Federal Government or United States industry in foreign commerce will be enhanced. ``(b) Manufacture in United States.--A Federal agency shall normally grant a license under section 207(a)(2) to use or sell any federally owned invention in the United States only to a licensee who agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States. ``(c) Small Business.--First preference for the granting of any exclusive or partially exclusive licenses under section 207(a)(2) shall be given to small business firms having equal or greater likelihood as other applicants to bring the invention to practical application within a reasonable time. ``(d) Terms and Conditions.--Any licenses granted under section 207(a)(2) shall contain such terms and conditions as the granting agency considers appropriate, and shall include provisions-- ``(1) retaining a nontransferrable, irrevocable, paid-up license for any Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the Government of the United States; ``(2) requiring periodic reporting on utilization of the invention, and utilization efforts, by the licensee, but only to the extent necessary to enable the Federal agency to determine whether the terms of the license are being complied with, except that any such report shall be treated by the Federal agency as commercial and financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5 of the United States Code; and ``(3) empowering the Federal agency to terminate the license in whole or in part if the agency determines that-- ``(A) the licensee is not executing its commitment to achieve practical utilization of the invention, including commitments contained in any plan submitted in support of its request for a license, and the licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can be expected to take within a reasonable time, effective steps to achieve practical utilization of the invention; ``(B) the licensee is in breach of an agreement described in subsection (b); ``(C) termination is necessary to meet requirements for public use specified by Federal regulations issued after the date of the license, and such requirements are not reasonably satisfied by the licensee; or ``(D) the licensee has been found by a court of competent jurisdiction to have violated the Federal antitrust laws in connection with its performance under the license agreement. ``(e) Public Notice.--No exclusive or partially exclusive license may be granted under section 207(a)(2) unless public notice of the intention to grant an exclusive or partially exclusive license on a federally owned invention has been provided in an appropriate manner at least 15 days before the license is granted, and the Federal agency has considered all comments received before the end of the comment period in response to that public notice. This subsection shall not apply to the licensing of inventions made under a cooperative research and development agreement entered into under section 12 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). ``(f) Plan.--No Federal agency shall grant any license under a patent or patent application on a federally owned invention unless the person requesting the license has supplied the agency with a plan for development or marketing of the invention, except that any such plan shall be treated by the Federal agency as commercial and financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5 of the United States Code.''. (b) Conforming Amendment.--The item relating to section 209 in the table of sections for chapter 18 of title 35, United States Code, is amended to read as follows: ``209. Licensing federally owned inventions.''. SEC. 5. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT. Chapter 18 of title 35, United States Code (popularly known as the ``Bayh-Dole Act''), is amended-- (1) by amending section 202(e) to read as follows: ``(e) In any case when a Federal employee is a coinventor of any invention made with a nonprofit organization, a small business firm, for a non-Federal inventor, the Federal agency employing such coinventor may, for the purpose of consolidating rights in the invention or if it finds that it would expedite the development of the invention-- ``(1) license or assign whatever rights it may acquire in the subject invention to the nonprofit organization, small business firm, or non-Federal inventor in accordance with the provisions of this chapter; or ``(2) acquire any rights in the subject invention from the nonprofit organization, small business firm, or non-Federal inventor, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction and no other transaction under this chapter is conditioned on such acquisition.''; and (2) in section 207(a)-- (A) by striking ``patent applications, patents, or other forms of protection obtained'' and inserting ``inventions'' in paragraph (2); and (B) by inserting ``, including acquiring rights for and administering royalties to the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention'' after ``or through contract'' in paragraph (3). SEC. 6. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980. The Stevenson-Wydler Technology Innovation Act of 1980 is amended-- (1) in section 4(4) (15 U.S.C. 3703(4)), by striking ``section 6 or section 8'' and inserting ``section 7 or 9''; (2) in section 4(6) (15 U.S.C. 3703(6)), by striking ``section 6 or section 8'' and inserting ``section 7 or 9''; (3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), by striking ``State of local governments'' and inserting ``State or local governments''; (4) in section 9 (15 U.S.C. 3707), by-- (A) striking ``section 6(a)'' and inserting ``section 7(a)''; (B) striking ``section 6(b)'' and inserting ``section 7(b)''; and (C) striking ``section 6(c)(3)'' and inserting ``section 7(c)(3)''; (5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), by striking ``in cooperation with Federal Laboratories'' and inserting ``in cooperation with Federal laboratories''; (6) in section 11(i) (15 U.S.C. 3710(i)), by striking ``a gift under the section'' and inserting ``a gift under this section''; (7) in section 14 (15 U.S.C. 3710c)-- (A) in subsection (a)(1)(A)(i), by inserting ``, other than payments of patent costs as delineated by a license or assignment agreement,'' after ``or other payments''; (B) in subsection (a)(1)(A)(i), by inserting ``, if the inventor's or coinventor's rights are assigned to the United States'' after ``inventor or coinventors''; (C) in subsection (a)(1)(B), by striking ``succeeding fiscal year'' and inserting ``2 succeeding fiscal years''; (D) in subsection (a)(2), by striking ``Government- operated''; and (E) in subsection (b)(2), by striking ``inventon'' and inserting ``invention''; and (8) in section 22 (15 U.S.C. 3714), by striking ``sections 11, 12, and 13'' and inserting ``sections 12, 13, and 14''. SEC. 7. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROCEDURES. (a) Review.--Within 90 days after the date of the enactment of this Act, each Federal agency with a federally funded laboratory that has in effect on that date of enactment one or more cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) shall report to the Committee on National Security of the National Science and Technology Council and the Congress on the general policies and procedures used by that agency to gather and consider the views of other agencies on-- (1) joint work statements under section 12(c)(5) (C) or (D) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)(C) or (D)); or (2) in the case of laboratories described in section 12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and development agreements under such section 12, with respect to major proposed cooperative research and development agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness. (b) Procedures.--Within one year after the date of the enactment of this Act, the Committee on National Security of the National Science and Technology Council, in conjunction with relevant Federal agencies and national laboratories, shall-- (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness with respect to cooperative research and development agreements described in subsection (a); and (2) establish and distribute to appropriate Federal agencies-- (A) specific criteria to indicate the necessity for gathering and considering the views of other agencies on joint work statements or cooperative research and development agreements as described in subsection (a); and (B) additional procedures, if any, for carrying out such gathering and considering of agency views with respect to cooperative research and development agreements described in subsection (a). Procedures established under this subsection shall be designed to the extent possible to use or modify existing procedures, to minimize burdens on Federal agencies, to encourage industrial partnerships with national laboratories, and to minimize delay in the approval or disapproval of joint work statements and cooperative research and development agreements. (c) Limitation.--Nothing in this Act, nor any procedures established under this section shall provide to the Office of Science and Technology Policy, the National Science and Technology Council, or any Federal agency the authority to disapprove a cooperative research and development agreement or joint work statement, under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), of another Federal agency. SEC. 8. INCREASED FLEXIBILITY FOR FEDERAL LABORATORY PARTNERSHIP INTERMEDIARIES. Section 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715) is amended-- (1) in subsection (a)(1) by inserting ``, institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section 2194 of title 10, United States Code'' after ``small business firms''; and (2) in subsection (c) by inserting ``, institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section 2194 of title 10, United States Code,'' after ``small business firms''.

usgpo

2024-06-24T03:05:53.835732

BILLS-106hr2001ih

National Retail Sales Tax Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2001 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 2001 To promote freedom, fairness, and economic opportunity for families by repealing the income tax, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Mr. Tauzin (for himself, Mr. Traficant, Mr. Brady of Texas, Mr. Callahan, Mr. Campbell, Mrs. Chenoweth, Mr. DeMint, Mr. Hall of Texas, Mr. Hefley, Mr. Hunter, Mr. Linder, Mrs. Myrick, Mr. Norwood, Mr. Packard, Mr. Peterson of Minnesota, Mr. Scarborough, Mr. Stump, Mr. Tancredo, and Mr. Burton of Indiana) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To promote freedom, fairness, and economic opportunity for families by repealing the income tax, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Retail Sales Tax Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Sec. 3. Repeal of the income tax, estate and gift taxes, and certain excise taxes. Sec. 4. Sales tax. ``subchapter a--imposition of tax ``Sec. 1. Imposition of tax. ``Sec. 2. Exemptions. ``subchapter b--credits; refunds; installment payments of tax on . purchases of residences ``Sec. 11. Credits and refunds. ``Sec. 12. Installment payments of tax on purchase of principal residences. ``subchapter c--definitions and special rules; financial intermediation services ``Sec. 21. Definitions. ``Sec. 22. Special rules. ``Sec. 23. Determination of financial intermediation services amount. ``Sec. 24. Bad debts. ``Sec. 25. Timing of tax on financial intermediation services. ``Sec. 26. Alternative method for calculating tax due. ``Sec. 27. Basic interest rate. ````subchapter d--authority for states to collect tax ``Sec. 31. Authority for States to collect tax. ``Sec. 32. Federal administrative support for States. ``Sec. 33. Federal administration option for multistate vendors. ``Se``subchapter e--other administrative provisions ``Sec. 41. Monthly reports and payments. ``Sec. 42. Records. ``Sec. 43. Registration. ``Sec. 44. Certificate. ``Sec. 45. Penalties. ``Sec. 46. Burden of persuasion and burden of production. ``Sec. 47. Attorneys and accountancy fees. ``Sec. 48. Appeals. ``Sec. 49. Taxpayer subject to subpoena on production. ``Sec. 50. Tax Court jurisdiction. ``Sec. 51. Power to levy. ``Sec. 52. Problem resolution officers. ``Sec. 53. Jurisdiction and interstate allocation. ``Sec. 54. Tax to be stated and charged separately. ``Sec. 55. Installment agreements; compromises. ``Sec. 56. Accounting. ``Sec. 57. Hobby activities. Sec. 5. Phase-out of the Internal Revenue Service. Sec. 6. Social Security Administration to collect payroll taxes. Sec. 7. Self-employment tax. Sec. 8. Social Security benefits indexed on sales tax inclusive basis. Sec. 9. Compensating payments to certain persons on fixed income. Sec. 10. Interest. Sec. 11. Supermajority required to raise rate. SEC. 2. CONGRESSIONAL FINDINGS. (a) The Congress finds that the income tax-- (1) retards economic growth and has reduced the standard of living of the American public; (2) impedes the international competitiveness of United States industry; (3) reduces savings and investment in the United States; (4) lowers productivity; (5) imposes unacceptable administrative costs on taxpayers, individuals and businesses alike; (6) is unfair and inequitable; and (7) unnecessarily intrudes upon the privacy and civil rights of United States citizens. (b) The Congress finds further that national sales, services and use tax on final consumption of goods and services-- (1) is similar in many respects to those in place in 45 of the 50 States; (2) will promote savings; (3) will promote fairness; (4) will promote economic growth; (5) will raise the standard of living; (6) will increase savings and investment; (7) will enhance productivity and international competitiveness; (8) will reduce administrative burdens on the taxpayer; and (9) will respect the privacy interests and civil rights of taxpayers. (c) The Congress further finds that-- (1) most of the practical experience administering sales taxes is found at the State Governmental level; (2) it is desirable to harmonize Federal and State collection and enforcement efforts to the maximum extent possible; (3) it is sound tax administration policy to administer and collect the Federal sales and service tax at the State level in return for a reasonable administration fee to the States; (4) businesses that must collect and remit taxes should receive reasonable compensation for the cost of doing so; and (5) the sixteenth amendment to the Constitution should be repealed. SEC. 3. REPEAL OF THE INCOME TAX, ESTATE AND GIFT TAXES, AND CERTAIN EXCISE TAXES. (a) In General.--The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) Chapter 1 (relating to income tax). (2) Chapter 5 (relating to tax on transfers to avoid income tax). (3) Chapter 6 (relating to consolidated returns). (4) Chapter 24 (relating to collection of income tax at source). (5) Subtitle B (relating to estate and gift taxes). (6) Chapter 31 (relating to retail excise taxes). (7) Chapter 32 (relating to manufacturers excise taxes). (8) Subtitle E (relating to alcohol, tobacco, and certain other excise taxes). (9) Subtitle F (relating to procedure and administration of the income tax and certain other taxes) except for section 6103 (relating to confidentiality), chapter 66 (relating to limitations), chapter 67 (relating to interest), section 6656 (relating to failure to make deposit of taxes), section 6657 (relating to bad checks), section 6658 (relating to coordination with title 11), chapter 75 (relating to crimes), chapter 76 (relating to Judicial Proceedings), section 7431 (relating to damages for unauthorized disclosure), section 7432 (relating to damages for failure to release lien), section 7433 (relating to damages for unauthorized collection data) and chapter 77 (relating to miscellaneous provisions). References to provisions repealed by the preceding sentence shall be treated as references to such provisions as in effect on the day before the date of the enactment of this Act. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on July 1, 2001. (2) Income tax.--The amendment made by subsection (a)(1) shall apply to taxable years beginning after June 30, 2001. (3) Sales tax.--The amendment made by section 4 shall take effect on July 1, 2001. (4) Social security benefits.--The amendment made by section 9 shall take effect on January 1, 2001. (5) Supermajority required.--The amendment made by section 11 shall take effect on January 1, 2001. SEC. 4. SALES TAX. Subtitle A of the Internal Revenue Code of 1986 is amended by inserting at the beginning the following new chapter: ``CHAPTER 1--SALES TAX ``Subchapter A. Imposition of tax. ``Subchapter B. Credits; refunds; installment payments of tax on purchases of residences. ``Subchapter C. Definitions and special rules; financial intermediation services. ``Subchapter D. Authority for States to collect tax. ``Subchapter E. Other administrative provisions. ``Subchapter A--Imposition of Tax ``Sec. 1. Imposition of tax. ``Sec. 2. Exemptions. ``Sec. 3. Special rules relating to collection and remittance of tax. ``SECTION 1. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax of 15 percent on the gross payments for the use, consumption or enjoyment in the United States of any taxable property or service, whether produced or rendered within or without the United States. ``(b) Coordination With Import Duties.--The taxes imposed by this section are in addition to any import duties imposed by law. The Secretary shall provide by regulation that, to the maximum extent practicable, the taxes imposed by this section on imported property and services are collected and administered in conjunction with any applicable import duties. ``(c) Liability for Collection and Remittance of the Tax.-- ``(1) General rule.--The tax imposed by subsection (a) shall be collected and remitted by the seller, except as provided in subsection (2). ``(2) Tax to be paid by purchaser in certain circumstances.-- ``(A) General rule.--In the case of taxable property or services purchased outside of the United States for use, consumption or enjoyment in the United States, the purchaser shall remit the tax imposed by subsection (a). ``(B) In the case of a purchaser electing to pay tax in installments pursuant to section 12, the purchaser shall remit the tax imposed by subsection (a). ``(C) Employers that pay wages that are taxable services within the meaning of section 21(n) shall be responsible for paying and remitting the tax. ``(D) The Secretary may provide by regulation that the tax imposed by subsection (a) is to be collected and remitted by the purchaser rather than the seller. ``SEC. 2. EXEMPTIONS. ``(a) In General.--Except as provided in section 3(b)(2), no tax shall be imposed under section 1 on any taxable property or service purchased for-- ``(1) a business purpose in an active trade or business, or ``(2) export from the United States for use or consumption outside the United States, provided that the purchaser provided the seller with-- ``(A) an intermediate sales certificate, or ``(B) an export sales certificate. ``(b) Business Purposes.--For purposes of this section, the term `purchased for a business purpose in an active trade or business' means purchased by a person engaged in an active trade or business and used in that active trade or business-- ``(1) for resale, ``(2) to produce taxable property or services (as defined in section 21(e)), or ``(3) in furtherance of other bona fide business purposes. ``(c) De Minimis Payments.--Up to $400 of gross payments per calendar year-- ``(1) made by a person not engaged in an active trade or business at any time during such calendar year prior to making such gross payments, and ``(2) made to purchase any taxable property or service which is imported into the United States by such person for use or consumption by such person in the United States, shall be exempt from the tax imposed by section 1. ``(d) De Minimis Sales.--Up to $2,500 per calendar year of gross payments received-- ``(1) by a person not engaged in an active trade or business during such calendar year prior to the receipt of such gross payments, and ``(2) in connection with a casual or isolated sale, shall be exempt from the tax imposed by section 1. ``(e) Affiliated Firms.--Firms that make purchases from or sell to affiliated firms which are exempt pursuant to subsection (a) shall not need to comply with the requirements of subsection (g) for such purchases to remain exempt. For purposes of this section, a firm is affiliated with another if 1 firm owns 50 percent of the voting shares or interest in the other. ``(f) De Minimis Sale of Financial Intermediation Services.--The first $10,000 per calendar year of gross payments received by a person from the sale of financial intermediation services shall be exempt from the tax imposed by section 1. The exemption provided by this subsection is in addition to other exemptions afforded by this chapter. ``(g) Seller Relieved of Liability in Certain Cases.--In the case of any property or service which is sold exempt from tax pursuant to subsection (a), if the seller-- ``(1) has on file a copy of an exemption certificate (whether an intermediate sale or export sale certificate) from the purchaser, and ``(2) did not have reasonable cause to believe that an exemption from the tax imposed by section 1 was unavailable to the purchaser with respect to such purchase, then the seller shall be relieved of liability to collect and remit the tax imposed by section 1 on such purchase. ``SEC. 3. RULES RELATING TO COLLECTION AND REMITTANCE OF TAX. ``(a) Obligation of Governmental Units and Not-for-Profit Organizations To Collect, Remit and Pay Taxes.-- ``(1) Governmental units.--Nothing in this subtitle shall be construed to exempt any Federal, State, or local governmental unit or political subdivision from paying any tax imposed by this subtitle on any sale, purchase, use, consumption or enjoyment by such a unit. ``(2) Not-for-profit organizations.-- ``(A) In general.--Dues, contributions and payments to qualified not-for-profit organizations shall not be considered gross payments for taxable property or services for purposes of this subtitle. ``(B) Exception.--Notwithstanding subparagraph (2)(A), payments of any form to a qualified not-for- profit organization shall be considered gross payments for taxable property or services unless said organization establishes that the property or service provided in exchange is-- ``(i) substantially related to the purposes of the qualified not-for-profit organization, or ``(ii) is not commercially available. ``(C) For purposes of this section, qualified not- for-profit organization means a not-for-profit organization organized and operated exclusively-- ``(i) for religious, charitable, scientific, testing for public safety, literary or educational purposes; ``(ii) as civic leagues or social welfare organizations; ``(iii) as labor, agricultural or horticultural organizations; ``(iv) as chambers of commerce, business leagues or trade associations; or ``(v) as fraternal beneficiary societies, orders or associations; no part of the net earnings of which inures to the benefit of any private shareholder or individual. ``(D) Upon application in a form prescribed by the State Administrator, the State Administrator shall provide qualification certificates to qualified not- for-profit organizations. ``(E) If a not-for-profit organization provides taxable property or services in connection with contributions or dues to the organizations, then it shall be required to treat the provision of said taxable property or services as a purchase taxable pursuant to this subtitle at the fair market value of said property or personal services. ``(F) Taxable property and services purchased by not-for-profit organizations for resale or for use in the production of taxable property or services shall be eligible for the exemptions provided in section 2. ``(b) Tax Collected on Certain Exempt Purchases.-- ``(1) In general.--In the case of a purchase which would (but for this subsection (b)) be exempt from the tax imposed by section 1 by reason of section 2(a), such subsection shall not apply to such purchase if the seller-- ``(A) elects the application of this subsection, and ``(B) immediately provides the purchaser with a receipt reflecting the information required by section 54. Seller may elect to exercise the application of this section with respect to some or all purchases or purchasers. ``(2) The Secretary may by regulation provide that certain industries or specific products are such that the vendor must collect the tax on otherwise exempt purchases if, in the Secretary's judgment, said industry or products are such that consumers buy 25 percent or more of the product sold by the industry or the product. A registered vendor may by application for good cause shown elect to opt out of the application of this paragraph. ``(3) Cross reference.-- ``For credit to purchaser where seller collects tax on exempt purchase, see section 11(a)(3). ``For tax to be separately stated and charged, see section 54. ``(c) Government Enterprises.-- ``(1) Government enterprises to collect and remit taxes on sales.--Nothing in this subtitle shall be construed to exempt any Federal, State, or local governmental unit or political subdivision (whether or not the State is a conforming State) operating a government enterprise from collecting and remitting tax imposed by this subtitle on any sale of taxable property or services. Government enterprises shall comply with all duties imposed on private enterprises by this subtitle and shall be liable for penalties and subject to enforcement action in the same manner as private enterprises. ``(2) Government enterprise.--Any entity owned or operated by a Federal, State, or local governmental unit or political subdivision that receives gross payments from selling taxable property or services to private persons is a government enterprise, provided, however, that a government-owned entity shall not become a government enterprise for purposes of this section unless in any quarter it has revenues from the sale of taxable property or services that exceed $2,500. ``(3) Government enterprises' intermediate and export sales.-- ``(A) Government enterprises shall not be subject to tax on purchases that would not be subject to tax pursuant to section 2 if the government enterprise were a private enterprise. ``(B) Government enterprises may not use the exemption afforded by section 2 to serve as a conduit for tax-free purchases by government units that would otherwise be subject to taxation on purchases pursuant to section 1. Transfers of taxable property or services purchased exempt from tax by a government enterprise to such government unit shall be taxable. ``(4) Separate books of account.--Any government enterprise must maintain books of account, separate from the nonenterprise government accounts, maintained in accordance with generally accepted accounting principles. ``(5) Active trade or business.--A government enterprise shall be treated as an active trade or business. ``(6) Cross reference.-- ``For obligation of government units, see section 3(a)(1). ``Subchapter B--Credits; Refunds; Installment Payments of Tax on Purchases of Residences ``Sec. 11. Credits and refunds. ``Sec. 12. Installment payments of tax on purchases of principal residences. ``Sec. 13. Family Consumption Refund. ``SEC. 11. CREDITS AND REFUNDS. ``(a) General Credits.--Each person shall be allowed a credit against the taxes imposed by section 1 for any month in an amount equal to the sum of-- ``(1) such person's used property credit under subsection (c) for such month, ``(2) such person's business use conversion credit under subsection (d) for such month, ``(3) the amount paid by such person with respect to a purchase during such month by reason of a tax collected on an exempt purchase pursuant to section 3(b) (relating to election to collect tax on certain nontaxable purchases), ``(4) the administration credit under section (e), ``(5) the compliance equipment cost credit under section (f), ``(6) the bad debt credit under subsection (g), ``(7) the insurance proceeds credit under subsection (h), ``(8) the transition inventory credit under subsection (i), and ``(9) any amount paid in excess of amount due. ``(b) Refunds.-- ``(1) Filers.--If a person files two consecutive monthly tax reports with a credit balance, then, upon application in a form prescribed by the State Administrator, then the credit balance shown on the second monthly report shall be refunded to the taxpayer within 60 days of said application. ``(2) Nonfilers.--If a person other than a monthly filer has an excess credit for any month, then, upon application in a form prescribed by the State Administrator, then the credit balance due shall be refunded to the taxpayer within 60 days of said application. ``(3) Interest.--No interest shall be required to be paid on any overpayment under this subsection for any month if such overpayment is paid within 60 days after the close of such month. ``(4) Suspension of period to pay refund only if federal court ruling.--The 60-day periods under paragraphs (1) and (2) shall be suspended with respect to a purported credit balance (or portion thereof) only during any period that there is in effect a preliminary ruling from a Federal court that there is reasonable cause to believe that such credit balance is not actually the amount due. ``(5) Filer.--For purposes of this subsection, the term `filer' means, with respect to any month, any person required to register under section 43 for such month. ``(c) Used Property Credit.-- ``(1) In general.--For purposes of subsection (a), a seller shall receive credit for previous sales tax paid on the resale of taxable property or services, as provided in this subsection (c). ``(2) Determination of used property credit amount.--The used property credit amount determined under this paragraph with respect to any property is the lesser of-- ``(A) the amount of tax due and paid by virtue of the present transaction (without regard to any credits), or ``(B) the most recent prior tax imposed by section 1 with respect to such property transaction (without regard to any credits). ``(3) Transitional deemed paid rule for property owned on effective date of act.--In the case of property which was acquired by the seller before July 1, 2001, the amount under paragraph (2)(B) shall be the amount which is the product of-- ``(A) that which would be determined under paragraph (2)(B) as if this subtitle had been in effect at the time of such acquisition, and ``(B) the equity ratio (as defined in paragraph (4)). ``(4) The equity ratio is the quotient of-- ``(A) the income tax basis in the property at the end of the taxable year 2001, less the mortgage or debt secured by said property at the end of said taxable year, divided by ``(B) the income tax basis in the property at the end of the taxable year 2001, provided, however, that the quantity defined in subparagraph (1) cannot be less than zero and further providing that the equity ratio so calculated cannot be less than zero or greater than one. ``(d) Business Use Conversion Credit.-- ``(1) In general.--For purposes of subsection (a), a person's business use conversion credit for any month is the aggregate of the amounts determined under paragraph (2) with respect to property-- ``(A) on which a prior tax was imposed by section 1 on the purchase by such person, and ``(B) which commences to be exclusively used during such month in the production by such person of other taxable property or services. ``(2) Amount of credit.--The amount determined under this paragraph with respect to any property is lesser of-- ``(A) the product of the rate imposed by section 1 and the fair market value of the property when its use is converted, and ``(B) the prior tax referred to in paragraph (1)(A). ``(3) Property converted from business use to personal use shall be subject to tax pursuant to section 1 on the book value of the converted property as of the date of conversion, provided that the books are kept in accordance with generally accepted accounting principles. ``(e) Administration Credit.--Every taxpayer filing a timely monthly report in compliance with section 41 shall be entitled to a taxpayer administrative credit equal to the greater of-- ``(1) $200, or ``(2) one-half of 1 percent of the tax remitted, provided, however, that in no event will the credit afforded by this section exceed 20 percent of the tax due to be remitted prior to the application of this credit. ``(f) Compliance Equipment Cost Credit.--Vendors required to purchase new equipment to comply with the provisions of section 54 shall be entitled to a credit in the amount of 50 percent of the cost of such equipment. ``(g) Bad Debt Credit.-- ``(1) Financial intermediation services.--Any person registered pursuant to section 43 who has experienced a bad debt (other than unpaid invoices within the meaning of paragraph (2)) shall be entitled to a credit equal to the product of-- ``(A) the rate imposed by section 1, and ``(B) the quotient that is-- ``(i) the amount of the bad debt (as defined in section 24), divided by ``(ii) the quantity that is 1 minus the rate imposed by section 1. ``(2) Unpaid invoices.--Any person electing the accrual method pursuant to section 56 that has with respect to a transaction-- ``(A) invoiced the tax imposed by section 1, ``(B) remitted the invoiced tax, ``(C) actually delivered the taxable property or performed the taxable services invoiced, and ``(D) not been paid 90 days after the date the invoice was due to be paid, shall be entitled to a credit equal to the amount of tax remitted and unpaid by the purchaser. ``(3) Subsequent Payment.--Any payment made with respect to a transaction subsequent to a subsection (g) credit being taken with respect to that transaction shall be subject to tax in the month the payment was received as if a tax inclusive sale of taxable property and services in the amount of the payment had been made. ``(4) Partial payments.--Partial payments shall be treated as pro rata payments of the underlying obligation and shall be allocated proportionately among payment for the taxable property and service, tax and otherwise (in the case of partially nontaxable payments). ``(5) Related parties.--The credit provided by this section shall not be available with respect to sales made to affiliated firms (within the meaning of section 2(e)). ``(h) Insurance Proceeds Credit.-- ``(1) In general.--A person receiving a payment from an insurer by virtue of an insurance contract shall be entitled to a credit in an amount determined by paragraph (2), less any amount paid to the insured by the insurer pursuant to paragraph (3), if the entire premium (except that portion allocable to the investment account of the underlying policy) for the insurance contract giving rise to the insurer's obligation to make a payment to the insured was subject to the tax imposed by section 1 and such tax was paid. ``(2) Credit amount.--The amount of the credit shall be the product of-- ``(A) the rate imposed by section 1, and ``(B) the quotient that is-- ``(i) the amount of the payment made by the insurer to the insured, divided by ``(ii) the quantity that is 1 minus the rate imposed by section 1. ``(3) Administrative option.--The credit determined in accordance with paragraph (2) shall be paid by the insurer to the insured and the insurer shall be entitled to the credit in lieu of the insured provided, however, the insurer may elect, in a form prescribed by the Secretary, to not pay the credit and require the insured to make application for the credit. In the event of such election, the insurer shall provide to the Secretary and the insured the name and tax identification number of the insurer and of the insured and indicate the proper amount of the credit. ``(4) Coordination with respect to exemption.--If taxable property or services purchased by an insurer on behalf of an insured are purchased free of tax by virtue of section 21(e)(3), then the credit provided by this section shall not be available with respect to that purchase. ``(5) Insurance contract.--For purposes of paragraph (1), the term `insurance contract' includes a life insurance contract, a health insurance contract, a property and casualty loss insurance contract, a general liability insurance contract, a marine insurance contract, a fire insurance contract, an accident insurance contract, a disability insurance contract, a long-term care insurance contract, and an insurance contract that provides a combination of these types of insurance. ``(i) Transitional Inventory Credit.-- ``(1) Transition inventory credit.--A credit shall be allowed equal to the product of the rate of tax imposed by section 1 and the cost of qualified inventory. ``(2) Inventory.-- ``(A) Qualified inventory.--Inventory held by an active trade or business on the close of business June 30, 2001, that is subsequently sold subject to the tax imposed by section 1 shall be qualified inventory. ``(B) Cost.--For purposes of this section, qualified inventory shall have the cost that it had on the income tax return of the active trade or business filed for the period ending June 30, 2001 (including any amounts capitalized by virtue of section 263A as in effect on June 30, 2001). ``(3) Timing of credit.--The credit provided under paragraph (1) shall be allowed on the sales tax return where the taxable sale of the qualified inventory is reported. The person claiming such credit shall attach supporting schedules in the form that the Secretary may prescribe. ``SEC. 12. INSTALLMENT PAYMENTS OF TAX ON PURCHASE OF PRINCIPAL RESIDENCES. ``(a) In General.--If-- ``(1) property is purchased and used as the principal residence of any purchaser of such property, and ``(2) such purchaser elects the application of this section, then the tax imposed by section 1 with respect to such purchase shall be paid in equal annual installments over the 30-year period beginning on the date of such sale together with simple interest at the rate imposed by section 6621. ``(b) Termination of Installments if Property Is Sold or Otherwise Ceases To Be Principal Residence.-- ``(1) In general.--If, before the close of the 30-year period referred to in subsection (a), any property to which an election under subsection (a) applies-- ``(A) is sold, or ``(B) otherwise ceases to be used as the principal residence of any purchaser making such election, then the unpaid installments shall be due no later than two years after the time of such sale or cessation. To the extent that such sale or cessation is only of a portion of such residential property, the preceding sentence shall apply only to a like portion (based on value) of such unpaid installments. ``(2) Special rule.--In a case to which paragraph (1)(B) applies with respect to any purchaser-- ``(A) if such purchaser purchases within two years another property which property is purchased and used as the principal residence of such purchaser, the remaining unpaid installments shall be due at the time of such purchase, ``(B) if subparagraph (A) does not apply to such purchaser, the remaining unpaid installments shall be due at the close of the two-year period beginning on the date of the cessation referred to in paragraph (1); and ``(C) the two-year period referred to in subparagraph (B) shall be suspended during any period that such purchaser uses such property as his principal residence. ``(3) If any purchaser exercises the right to installment payments under this section, then the responsibility to remit the tax due is the purchaser's rather than the seller's provided that the seller has on file a copy of the election form prescribed by the Secretary. ``SEC. 13. FAMILY CONSUMPTION REFUND. ``(a) General Rule.--Each qualified family unit (as defined in subsection (b)) shall be eligible to receive a sales tax rebate in an amount no greater than the product of-- ``(1) the rate of tax imposed by section 1, and ``(2) the lesser of-- ``(A) the poverty level (as defined in subsection (c)), or ``(B) the wage income of the family unit, in the manner prescribed and subject to the limitations set forth by this section. ``(b) Qualified Family Unit Defined.--For purposes of this section, the term qualified family unit shall mean any family sharing a common residence. Any family members (as defined in subsection (e)) sharing a common residence shall be considered part of one integrated family unit. ``(c) Poverty Level Defined.--The poverty level shall be the quotient that is-- ``(1) the level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 (all States and the District of Columbia) for family units of a particular size, divided by ``(2) the quantity that is one minus the tax rate imposed by section 1. ``(d) Rebate Mechanism.-- ``(1) General rule.--The rebate provided by section (a) shall be provided to each qualified family unit by including the pay period rebate amount in each paycheck. ``(2) Pay period rebate amount.--The pay period rebate amount shall be the lesser of product of the rate of tax imposed by the section 1 and-- ``(A) the wages paid during the pay period, or ``(B) the quotient that is the poverty level for the family unit (determined in accordance with subsection (c)) divided by the number of pay periods in a year. ``(3) Adjusted withholding tables to be provided to employers.--The Social Security Administration shall publish revised withholding tables for use by employers. ``(4) Coordination.--The family member receiving the family consumption rebate shall set forth, in a form prescribed by the Social Security Administration, the names and Social Security numbers of all members of the family unit for which a rebate is claimed. Employers shall provide this information in the form prescribed to the Social Security Administration. ``(e) Family Members Defined.--For purposes of determining the size of the family unit, family members shall include each spouse or the head of household, children, grandchildren, parents and grandparents. ``(f) Disqualified Family Members.--In order for a family member to be counted for purposes of determining family unit size, said family member must-- ``(1) if over the age of two years, have a bona fide Social Security number; and ``(2) be a lawful resident of the United States. ``(g) Students Living Away From Home.--A student during each of five months in a calendar year living away from the common residence of a family unit but who receives over 50 percent of his support from the family unit shall be included as part of that family unit for purposes of this section. ``(h) Change in Family Circumstances.--The residence of family members, marital status and number of persons in a family unit on the first day of the calendar year shall govern determinations required to be made under this section for purposes of said calendar year. ``(i) Two or More Family Members Working.--The family unit may elect to divide the rebate between two family members. Family members shall make this election in a form prescribed by the Social Security Administration and shall when making said election disclose the name and Social Security number of the other family members. Creditable wages for families making this election shall not exceed one half of the poverty level for that family unit. ``(j) Employers To Adjust Remittances.--Employers shall reduce their payroll tax remittances to the Social Security Administration by the amount of Family Consumption Rebate provided in employee paychecks. ``(k) No Double Counting.--In no event shall any person be considered part of more than one family unit. ``(l) Social Security Administration.--The Social Security Administration shall provide to multiple wage-earner family units who received a lower rebate amount than that to which that were entitled under subsection (a) due to the application of the limitations in subsection (d)(2) and subsection (i) any payment due within 30 days of the close of the calendar year. ``Subchapter C--Definitions and Special Rules; Financial Intermediation Services ``Sec. 21. Definitions. ``Sec. 22. Special rules. ``Sec. 23. Determination of financial intermediation services amount. ``Sec. 24. Bad debts. ``Sec. 25. Timing of tax on financial intermediation services. ``Sec. 26. Alternative method for calculating tax due. ``Sec. 27. Basic interest rate. ``Sec. 28. Applicable interest rate. ``SEC. 21. DEFINITIONS. ``(a) Financial Intermediation Services.--The term `financial intermediation services' means financial intermediation services determined in accordance with section 23. ``(b) Gross Payments.--For purposes of this subtitle, the term `gross payments' shall mean gross payments inclusive of Federal tax imposed by, and State taxes imposed in conformity with, this chapter but exclusive of customs duties. Gross payment shall be the product of the pre-tax factor and the payments for the taxable property or service exclusive of State and Federal taxes imposed by, and State taxes imposed in conformity with, this subtitle. For purposes of this section, the pre-tax factor shall be one divided by the quantity that is one minus the sum of-- ``(1) the Federal tax rate imposed by section 1, and ``(2) the State tax rate imposed in conformity with this subtitle. ``(c) Primary residence shall mean residential real property used predominantly as the place of abode for a person or persons. A person shall have only one primary residence for purposes of this section. A married couple shall have only one primary residence. ``(d) Purchased for Resale.--For purposes of section 2(b)(1), a property or service is purchased for resale if such property or service is purchased by a person in an active trade or business for the purpose of reselling the taxable property or service in the ordinary course of that active trade or business. ``(e) Purchased To Produce Taxable Property or Services.--For purposes of section 2(b)(2)-- ``(1) In general.--A property or service is purchased to produce a taxable property or service if such property or service is purchased by a person in an active trade or business for the purpose of employing or using such property or service in the production or sale of other taxable property or services in the ordinary course of that active trade or business. ``(2) Research experimentation and development.--Taxable property or services used in an active trade or business for the purpose of research, experimentation and development shall be treated as purchased to produce taxable property or services. ``(3) Insurance payments.--Taxable property or services purchased by an insurance company on behalf of an insured shall be treated as a property or service purchased to produce a taxable property or service if the entire premium for the insurance contract giving rise to the insurer's obligation was subject to tax in accordance with subsection (a) (relating to financial intermediation services). ``(4) Education and training.--Education and training shall be treated as purchased to produce taxable property or services. For purposes of this section, education and training shall mean tuition for general primary, secondary, or university level education, and tuition for job-related training courses. Tuition shall not include amounts attributable to room or board for the student. ``(f) Qualified fixtures shall include only those fixtures that are a permanent, integral, incorporated and irremovable part of the structure and shall exclude furniture, furnishings, appliances or similar tangible personal property. ``(g) Real Property.--For purposes of this chapter, the term real property shall have the meaning ascribed to it at common law. The Secretary shall by regulation establish uniform national rules for purposes of administering this chapter to the extent that jurisdictions within the United States may provide different holdings as to the scope of the term real property. ``(h) Residence.--Whenever this chapter requires that the State of `residence' need be determined, it shall be determined in descending order of priority as the State of permanent abode, the center of vital interests, or the habitual abode. If the State of residence is still undetermined, if the person is a resident of the United States, the determination will be made by the Federal Office of Revenue Allocation. ``(i) Residential real property is real property, including structures, land, and qualified fixtures and appurtenances thereto that-- ``(1) is held in fee simple and ``(2) is predominantly used as a residence or dwelling. ``(j) Secretary.--For purposes of this chapter, the term `Secretary' means the United States Secretary of Treasury. ``(k) State Administrator.--For purposes of this chapter, the term `State Administrator' shall mean the highest State official responsible for administering the taxes imposed by this subtitle in the conforming State. In States that are not conforming States, the `State Administrator' shall mean the person designated by the Secretary as the Federal official responsible for administering the taxes imposed by this chapter in a non-conforming State. State Administrator shall also mean, when the context so requires, the Federal official responsible for administering the multi-State vendor program. ``(l) Structures, for purposes of subsection (i) shall include homes that are manufactured housing but not self-propelled and not on wheels. ``(m) Tangible Personal Property.--For purposes of this chapter, the term tangible personal property shall have the meaning ascribed to it at common law. The Secretary shall by regulation establish uniform national rules for purposes of administering this chapter to the extent that jurisdictions within the United States may provide different holdings as to the scope of the term tangible personal property. ``(n) Taxable Property or Services.-- ``(1) General rule.--For purposes of this chapter, the term `taxable property or service' means-- ``(A) any property (including leaseholds of any term or rents with respect to such property) other than intangible property, and ``(B) any service (including any financial intermediation services). ``(2) Wages.--For purposes of the preceding sentence, services shall not include wages paid by an employer engaged in an active trade or business that is registered pursuant to section 43. Services shall include wages paid by an employer (including government employers) not engaged in an active trade or business unless those wages are paid by a qualified not-for- profit organization (as defined in section 3(a)(2)(C). ``(3) Intangible property.-- ``(A) In general.--For purposes of this subtitle, intangible property shall include copyrights, trademarks, patents, goodwill, financial instruments, and other property deemed intangible at common law. ``(B) Certain types of property.--For purposes of this subtitle, intangible property shall not include tangible personal property (or rents or leaseholds of any term thereon), real property (or rents or leaseholds of any term thereon), and computer software. ``(C) Anti-avoidance rule.--Notwithstanding subparagraph (A), the sale of a copyright or trademark shall be treated as the sale of taxable services (within the meaning of section 1) if the substance of the transaction selling said copyright or trademark constituted the sale of the services that produced the copyrighted material or the trademark. ``(o) United States.--For purposes of this chapter, the term `United States', when used in the geographical sense, means the 50 States, the District of Columbia, and any commonwealth, territory or possession of the United States. ``SEC. 22. SPECIAL RULES. ``(a) Foreign Financial Intermediation Services.-- ``(1) Special rules relating to international financial intermediation services.--Financial intermediation services shall be deemed as used or consumed within the United States if the person (or any related party within the meaning of section 2(e)) purchasing the services is a resident of the United States. ``(2) Any person that provides financial intermediation services to United States residents must, as a condition of lawfully providing such services, designate, in a form prescribed by the Secretary, a United States tax representative. This United States tax representative shall be responsible for ensuring that the taxes imposed by this chapter are collected and remitted and shall be jointly and severally liable for collecting and remitting these taxes. The Secretary may require reasonable bond of the United States tax representative. ``(b) Financing Leases.-- ``(1) Defined.--For purposes of this section, a financing lease shall be any lease under which the lessee shall have the right to acquire the property for 50 percent or less of its fair market value at the end of the lease term. ``(2) Tax.--Financing leases shall be taxed in the method set forth in this section. ``(3) Determination of principle and interest components of financing lease.--The Secretary shall promulgate rules for disaggregating the principle and interest components of a financing lease. The principle amount shall be determined to the extent possible by examination of the contemporaneous sales price or prices of the same or similar property as the leased property. ``(4) Alternative method.--In the event that contemporaneous sales prices of the same or similar property as the lease property are not available, the principle and interest components of a financing lease shall be disaggregating using the applicable interest rate (as defined in section 28), plus 4 percent. ``(5) Principal component.--The principal component of the financing lease shall be subject to tax as if a purchase in the amount of the principal component had been made on the day the lease was entered into. ``(6) Interest component.--The financial intermediation services amount with respect to the interest component of the financing lease shall be subject to tax. ``(7) Coordination.--If the principal component and financial intermediation services amount with respect to the interest component of a lease have been taxed pursuant to this section, then the gross lease or rental payments shall not be subject to additional tax. ``(c) Installment Sales, Accounting, Returns.-- ``(1) General rule.--Tax will be due when payment for the taxable property and services sold, consumed, used or enjoyed is actually received. ``(2) Alternative rule.--A vendor may elect to adopt the accrual method of accounting for purposes of determining when the tax will be due. Said election must apply to all sales made by vendor in a particular calendar year. ``(3) Installment sales.--Tax will be due on taxable property and services sold under the installment method when payment for the taxable property and services sold is actually received. ``(4) Returns.--A credit shall be provided to the vendor for returned taxable property and services when actual payment for the returned taxable property and services is made by the vendor to the person returning the taxable property and services. ``(d) Mixed Use Property or Services.-- ``(1) Mixed use property or service defined.--Mixed Use Property or Service is taxable property or services purchased both for a purpose that would give rise to an exemption pursuant to section 2 and for taxable use, consumption or enjoyment. ``(2) Exemption threshold.--Mixed Use Property or Service shall not be exempt pursuant to section 2 unless said property is used more than 95 percent for purposes that would give rise to an exemption pursuant to section 2. ``(3) Mixed use property or services credit.--A business registered pursuant to section 43 is entitled to a business use conversion credit (pursuant to section 11(d)) equal to product of-- ``(A) the mixed use property amount, ``(B) the business use ratio, and ``(C) the rate of tax imposed by section 1. ``(4) Mixed use property amount.--The mixed use property amount for each year shall be-- ``(A) one-thirtieth of the purchase price for real property for thirty years or until the property is sold, ``(B) one-seventh of the purchase price for tangible personal property for seven years or until the property is sold, ``(C) one-fifth of the purchase price for vehicles for five years or until the property is sold, and ``(D) a reasonable amount for other types of taxable property or services or in accordance with regulations. ``(5) Business use ratio.--The business use ratio is the ratio of business use to total use for a particular year. For vehicles, the business use ratio will be the ratio of business purpose miles to total miles. For real property, the business use ratio is the ratio of floor space used for business purposes to total floor space. For tangible personal property (except for vehicles), the business use ratio is the ratio of total time used for business purposes to total time used. For other property or services, the business ratio shall be calculated using a reasonable method. Reasonable records must be maintained to support a taxpayer's business use of the mixed use property or service. ``(e) Gaming.--There is hereby imposed a 15-percent tax on taxable gaming services. Taxable gaming services shall be the gross gaming receipts less total gaming payoffs. This tax shall be paid and remitted by the person offering the gaming services. ``SEC. 23. DETERMINATION OF FINANCIAL INTERMEDIATION SERVICES AMOUNT. ``(a) Financial Intermediation Services.--For purposes of this subtitle-- ``(1) In general.--The term `financial intermediation services' means the sum of-- ``(A) explicitly charged financial intermediation services, and ``(B) implicitly charged financial intermediation services. ``(2) Explicitly charged financial intermediation services.--The term `explicitly charged financial intermediation services' includes-- ``(A) brokerage fees, ``(B) explicitly stated banking, loan origination, processing, documentation, credit check fees or other similar fees, ``(C) safe-deposit box fees, ``(D) insurance premiums, to the extent such premiums are not allocable to the investment account of the underlying insurance policy, ``(E) trustees' fees, and ``(F) other financial service fees (including, but not limited to, mutual fund management, sales, and exit fees). ``(3) Implicitly charged financial intermediation services.-- ``(A) In general.--The term `implicitly charged financial intermediation services' includes the gross imputed amount in relation to any underlying interest bearing investment, account, or debt. ``(B) Gross imputed amount.--For purposes of subparagraph (A), the term `gross imputed amount' means-- ``(i) with respect to any underlying interest bearing investment or account, the product of-- ``(I) the excess (if any) of the basic interest rate (as defined in section 27) over the rate paid on such investment, and ``(II) such account balance, and ``(ii) with respect to any underlying interest bearing debt, the product of-- ``(I) the excess (if any) of the rate paid on such debt over the basic interest rate (as defined in section 27), and ``(II) such debt balance. ``(b) For purposes of section 1(c), the seller of financial intermediation services shall be-- ``(1) in the case of explicitly charged financial intermediation services (as defined in subsection (a)(2)), the person who receives the gross payments for the charged financial intermediation services, ``(2) in the case of implicit financial intermediation services (as defined in subsection (a)(3)) with respect to any underlying interest bearing investment or account, the person making the interest payments on the interest bearing investment or account, and ``(3) in the case of implicit financial intermediation services (as defined in subsection (a)(2)) with respect to any interest bearing debt, the person receiving the interest payments on the interest bearing debt. ``SEC. 24. BAD DEBTS. ``(a) For purposes of section 11, a bad debt shall be a business loan or debt that becomes wholly or partially worthless. ``(b) For purposes of subsection (a), a business loan or debt is a bona fide loan or debt made for a business purpose that both parties intended be repaid. ``(c) No loan or debt shall be considered wholly or partially worthless unless it has been in arrears for 90 days or more, provided, however, that if a debt is discharged wholly or partially in bankruptcy before 90 days has elapsed, then it shall be deemed wholly or partially worthless on the date of discharge. ``(d) A loan or debt that has been in arrears for 90 days or more may be deemed wholly or partially worthless by the holder unless a payment schedule has been entered into between the debtor and the lender. ``(e) Cross Reference.-- ``For tax on subsequent payments, see section 11(g)(3). ``SEC. 25. TIMING OF TAX ON FINANCIAL INTERMEDIATION SERVICES. ``The tax on financial intermediation services provided in connection to an underlying investment account or debt shall be calculated and collected with the same frequency that statements are rendered by the financial institution in connection with the investment account or debt but not less frequently than quarterly. ``SEC. 26. ALTERNATIVE METHOD FOR CALCULATING TAX DUE. ``(a) Alternative Method Permissible.--A provider of financial intermediation services need not calculate its liability on a transaction-by-transaction or account-by-account basis provided that the method used by the financial intermediation services provider-- ``(1) is reasonable, and ``(2) will lead to a tax liability that is substantially similar to that projected under ordinary sales tax principles. The provider of financial intermediation services shall set forth his proposed method and the reasons why it meets the criteria set forth in the preceding sentence in a petition to the Secretary. ``(b) Secretary To Rule.--An alternative method proposed in a petition pursuant to subsection (a) shall be accepted by the Secretary unless the Secretary rules that the proposed alternative method-- ``(1) is unreasonable, or ``(2) will lead to a tax liability that is substantially different from that projected under ordinary sales tax principles. The Secretary shall set forth the reasons for his ruling in a finding. The Secretary must make his ruling within 120 days of receiving the petition and notify the petitioner of his decision. In the event the Secretary fails to render a ruling within 120 days, then the proposed method shall be permissible. He must provide the petitioner with a copy of the finding within 30 days of a ruling. He must publish the permissible method (including those methods that become permissible by virtue of the Secretary's failure to rule). ``(c) Effective Dates of Alternative Method.--An alternative method ruled permissible or permissible by virtue of the Secretary's failure to rule shall be effective indefinitely and may take effect as early as the month after the alternative method becomes permissible. The Secretary may, however, after an investigation, audit, or otherwise, subsequently rule on his own initiative that the method is not permissible. Such subsequent ruling shall be prospective in effect and not take effect until the latter of-- ``(1) the first day of the calendar year following the ruling, or ``(2) 120 days after the ruling. If judicial review is sought pursuant to subsection (d), said subsequent ruling shall not take effect until a final judgment is rendered by the court. ``(d) Judicial Review.--A ruling by the Secretary with respect to a petition for use of an alternative method pursuant to subsection (a) shall be subject to judicial review in any court of competent jurisdiction, provided, however, that the standard of review shall be whether the petitioner establishes by clear and convincing evidence that the decision of the Secretary should be reversed. ``(e) Regulations.--The Secretary may provide by regulation permissible alternative methods for calculating tax due including methods based on annual flows of revenue and expense. ``SEC. 27. BASIC INTEREST RATE. ``For purposes of this subchapter, the basic interest rate with respect to a debt instrument, investment, financing lease, or account shall be the applicable interest rate (as determined in section 28). For debt instruments, investments, or accounts of contractually fixed interest, the applicable interest rate of the month of issuance shall apply. For debt instruments, investments, or accounts of variable interest rates and which have no reference interest rate, the applicable interest rate shall be the Federal short-term interest rate for each month. For debt instruments, investments or accounts of variable interest rates and which have a reference interest rate, the applicable interest rate shall be the applicable interest rate for the reference interest rate for each month. ``SEC. 28. APPLICABLE INTEREST RATE. ``(a) In General.-- ``(1) In the case of a debt instrument, investment, financing lease, or account with a term of not over 3 years, the applicable interest rate is the Federal short-term rate. ``(2) In the case of a debt instrument, investment, financing lease, or account with a term of over 3 years but not over 9 years, the applicable interest rate is the Federal mid- term rate. ``(3) In the case of a debt instrument, investment, financing lease, or account with a term of over 9 years, the applicable interest rate is the Federal long-term rate. ``(b) Federal Short-Term Rate.--The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or less. ``(c) Federal Mid-Term Rate.--The Federal mid-term rate determined by the Secretary based on the average market yield (during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of more than 3 years and not over 9 years. ``(d) Federal Long-Term Rate.--The Federal long-term rate shall be the rate determined by the Secretary based on the average market yield (during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of over 9 years. ``(e) Determination of Rates.--During each calendar month, the Secretary shall determine the Federal short-term rate, the Federal mid- term rate, and the Federal long-term rate which shall apply during the following calendar month. ``Subchapter D--Authority for States to Collect Tax ``Sec. 31. Authority for States to collect tax. ``Sec. 32. Federal administrative support for States. ``Sec. 33. Federal administration option for multi-State vendors. ``Sec. 34. General administrative matters. ``SEC. 31. AUTHORITY FOR STATES TO COLLECT TAX. ``(a) In General.--The tax imposed by this chapter on gross payments for the use, consumption or enjoyment of taxable property or services within a State which is an administering State shall be administered, collected, and remitted to the United States Treasury by such State. ``(b) Administering State.--For purposes of this section, the term `administering State' means any State-- ``(1) which maintains a conforming sales tax, and ``(2) which enters into a cooperative agreement with the Secretary containing reasonable provisions, limited in scope and detail, governing the administration by such State of the taxes imposed by this chapter and the remittance to the United States in a timely manner of taxes collected under this chapter. ``(c) Conforming Sales Tax.--For purposes of subsection (b), a State maintains a conforming sales tax if such State imposes, administers, and collects a sales tax-- ``(1) which conforms to the tax imposed by this chapter in all significant respects (other than the rate of tax), including-- ``(A) the same taxable property and services, ``(B) the same exemptions, and ``(C) the same credits and refunds (other than section 11(a)(4) (relating to the taxpayer administrative credit) and section 13 (relating to the family consumption refund)), and ``(2) which is imposed at a rate of no less than 1 percent. ``(d) Cooperative Agreements.--The agreement under subsection (b)(2) shall be limited in scope and detail but include provisions for the expeditious transfer of funds, contact officers, dispute resolution, information exchange, confidentiality, taxpayer rights, and other matters of importance. ``(e) Timely Remittance of Tax.-- ``(1) In general.--Administering States shall remit and pay over taxes collected under this chapter on behalf of the United States (less the administration fee allowable under paragraph (2)) no later than 15 days after receipt. ``(2) Administration fee.--Administering States may retain an administration fee equal to one percent of the amounts otherwise required to be remitted to the United States under this chapter by the State. ``(f) Limitation on Administration of Tax by United States.--The Secretary may administer the tax imposed by this chapter in an administering State only if-- ``(1)(A) such State has failed on a regular and sustained basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or ``(B) such State has on a regular and sustained basis otherwise materially breached the agreement referred to in subsection (b)(2), ``(2) the State has failed to cure such failures and alleged breaches within a reasonable time, ``(3) the Secretary provides such State with written notice of such failures and alleged breaches, and ``(4) a district court of the United States within such State has rendered a decision permitting such administration. ``(g) The Secretary shall administer the tax imposed by this chapter in any State or other jurisdiction that is not an administering State. ``(h) It shall be permissible for a conforming State to contract with another conforming State to administer its sales tax for an agreed fee. In this case, the agreement contemplated by subsection (d) shall have both States and the Federal Government as parties. ``(i) Coordination Among Conforming States.-- ``(1) Exemption certificates.--Conforming States shall honor exemption certificates issued by other conforming States. ``(2) Audits.--Conforming States shall not conduct audits at facilities in other Conforming States but shall instead cooperate with other Conforming States using the mechanisms established by section 32 of this subchapter or by other agreement or Compact. ``SEC. 32. FEDERAL ADMINISTRATIVE SUPPORT FOR STATES. ``(a) The Secretary shall administer a program to facilitate information sharing among States. ``(b) The Secretary shall facilitate and may be a party to a Compact Among Conforming States for purposes of facilitating the taxation of interstate purchases and for other purposes that may facilitate implementation of this chapter. ``(c) The Secretary shall have the authority to promulgate regulations and guidelines to assist States in administering the national sales tax, to provide for uniformity in the administration of the tax and to provide guidance to taxpayers and administrators. ``SEC. 33. FEDERAL ADMINISTRATION OPTION FOR MULTISTATE VENDORS. ``(a) In General.--Vendors that maintain retail establishments in five or more conforming States may elect, in a form prescribed by the Secretary, to have their sales tax obligations administered by the Federal Government under the multistate vendor program. ``(b) Federal Government To Collect and Remit State Sales Taxes.-- Under the multistate vendor program, the Federal Government will collect Federal and conforming State sales taxes and remit the State sales taxes to the States within 10 days of receiving said revenue. ``(c) Federal Administration.--The Federal Government will serve in the place of the State Administrator with respect to multi-State vendors exercising the election under this section. With respect to electing multi-State vendors, the Federal Government exclusively will-- ``(1) audit; ``(2) provide certificates; and ``(3) otherwise administer the Federal and conforming State sales tax in place of the administering State. ``SEC. 34. GENERAL ADMINISTRATIVE MATTERS. ``(a) In General.--The Secretary and each State Administrator may employ accountants, auditors, investigators, assistants, and clerks for the administration of this subtitle and may delegate to employees the authority to conduct interviews, hearings, prescribe rules, promulgate regulations, and perform such other duties as are required by this subtitle. ``(b) Resolution of Any Inconsistent Rules and Regulations.--In the event that the Secretary and any State Administrator have issued inconsistent rules or regulations, the rule or regulation issued by the Secretary shall govern provided that the Secretary possessed the statutory authority to issue the rule or regulation. ``(c) Adequate Notice To Be Provided.--Except in the case of an emergency declared by the Secretary (and not his designee), no rule or regulation issued by the Secretary with respect to any internal revenue law shall take effect before 90 days have elapsed after its publication in the Federal Register. Upon issuance, the Secretary shall provide copies of all rules or regulations issued under this title to each sales tax administering authority. ``(d) No Rules, Rulings, or Regulations With Retroactive Effect.-- ``(1) In general.--No rule, ruling, or regulation issued or promulgated by the Secretary relating to any internal revenue law or by a State Administrator that constitutes a change in law (including a reversal of prior law and new law) shall be retroactive in effect. ``(2) Notwithstanding paragraph (1), a rule, ruling, or regulation that provides guidance or clarifies existing law may lawfully apply to cases prior to its issuance. ``(3) For purposes of this subsection, the term `law' includes State and Federal statutes, regulations, rules, rulings, and court decisions. ``(4) A rule, ruling, or regulation issued in contravention to paragraph (1) shall be void as to taxable events arising prior to the issuance of such rule, ruling, or regulation. ``(5) Review of impact of rules, rulings, and regulations on small business.-- ``(A) Submission to small business administration.--After publication of any proposed or temporary regulation by the Secretary relating to internal revenue laws, the Secretary shall submit such regulation to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of such regulation on small businesses. Not later than the date 4 weeks after the date of such submission, the Chief Counsel for Advocacy of the Small Business Administration shall submit comments on such regulation to the Secretary. ``(B) Consideration of comments.--In prescribing any final regulation which supersedes a proposed or temporary regulation which had been submitted under this subsection to the Chief Counsel for Advocacy of the Small Business Administration, the Secretary shall-- ``(i) consider the comments of the Chief Counsel for Advocacy of the Small Business Administration on such proposed or temporary regulation, and ``(ii) discuss any response to such comments in the preamble to the regulation. ``(C) Submission of certain final regulations.--In the case of promulgation by the Secretary of any final regulations (other than a temporary regulation) which do not supersede a proposed regulation, the requirements of subparagraphs (A) and (B) shall apply, except that the submission under subparagraph (A) shall be made at least 4 weeks before the date of such promulgation, and the consideration and discussion required under subparagraph (B) shall be made in connection with the promulgation of such final regulation. ``Subchapter E--Other Administrative Provisions ``Sec. 41. Monthly reports and payments. ``Sec. 42. Records. ``Sec. 43. Registration. ``Sec. 44. Certificates. ``Sec. 45. Penalties. ``Sec. 46. Burden of persuasion and burden of production. ``Sec. 47. Attorneys and accountancy fees. ``Sec. 48. Appeals. ``Sec. 49. Taxpayer subject to subpoena on production. ``Sec. 50. Tax Court jurisdiction. ``Sec. 51. Power to levy. ``Sec. 52. Problem resolution officers. ``Sec. 53. Jurisdiction and interstate allocation. ``Sec. 54. Tax to be separately stated and charged. ``Sec. 55. Installment agreements; compromises. ``Sec. 56. Accounting. ``Sec. 57. Hobby activities. ``SEC. 41. MONTHLY REPORTS AND PAYMENTS. ``(a) Reports.--On or before the 20th of each month, every person who is liable to collect and remit the tax imposed by this chapter, or pay the tax imposed by this chapter by reason of gross payments described in section (1) (hereafter in this section referred to as the `taxpayer'), shall submit to the appropriate tax authority (in a form satisfactory to the Secretary) a report relating to the previous month that sets forth-- ``(1) the gross payments referred to in section 1, ``(2) the tax collected under this chapter in connection with such payments, and ``(3) the amount and type of any credit claimed. ``(b) Payments of Tax.--The tax imposed by this chapter with respect to any use, consumption or enjoyment during any month shall be paid on or before the 20th of the succeeding month. One payment shall pay both Federal and conforming State tax liability. ``(c) Interest on Amounts Remitted Late.-- ``(1) In general.--If any amount required to be paid on or before the 20th of any month is paid after such 20th day, the taxpayer shall pay simple interest from such 20th day at the rate of-- ``(A) 1 percent per month (or any fraction thereof) for the first month, and ``(B) 1.5 percent per month (or any fraction thereof) thereafter. ``(2) Amounts paid after collection action.-- ``(A) In general.--The rate of interest under paragraph (1) shall be 2 percent per month (or any fraction thereof) with respect to amounts paid only after the commencement of a collection action with respect to such amounts. ``(B) Collection action.--For purposes of subparagraph (A), the term `collection action' includes administrative levies or garnishments and the commencement of legal action in any court. ``(d) Penalty for Late Filing.-- ``(1) In general.--In the case of a failure by any person to file a report required by subsection (a) on or before due date (determined with regard to any extension) for such report, such person shall pay a penalty equal to the greater of-- ``(A) $50, or ``(B) 0.5 percent of the gross payments referred to in section 1 required to be shown on the report. ``(2) Increased penalty on returns filed after written inquiry.--The amount of the penalty under paragraph (1) shall be doubled with respect to any report filed after a written inquiry with respect to such report is received by the taxpayer from the State Administrator. ``(3) Exceptions.-- ``(A) Reasonable cause.--No penalty shall be imposed under paragraph (1) with respect to any failure if it is shown that such failure is due to reasonable cause. ``(B) Other waiver authority.--In addition to penalties not imposed by reason of subparagraph (A), the State Administrator, on application, shall waive the penalty imposed by paragraph (1) once per taxpayer per 2-year period. The preceding sentence shall not apply to a penalty determined under paragraph (2). ``(e) Extensions for Filing Reports.-- ``(1) Automatic extensions for less than 30 days.--On application, extensions of less than 30 days to file reports under subsection (a) shall be automatically granted. ``(2) Other extensions.--Extensions of 30 to 90 days to file such reports shall be liberally granted by the State Administrator for reasonable cause. Extensions greater than 90 days may be granted by the State Administrator to avoid hardship. ``(3) No extension for payment of taxes.--Notwithstanding paragraphs (1) and (2), no extension shall be granted with respect to the time for paying the taxes under this chapter. ``(f) Penalty for Willfully or Recklessly Accepting a False Exemption Certificate.--A person who willingly or recklessly accepts a false exemption certificate shall pay a penalty equal to 20 percent of the tax not collected on gross payments for taxable property and services by virtue of said acceptance. ``(g) The Secretary shall establish a system whereby violation of the National Retail Sales Tax Act of 1999 can be brought to the attention of the Secretary for investigation through the use of a toll- free telephone number and otherwise. ``SEC. 42. RECORDS. ``Any person liable to collect and remit taxes pursuant to this chapter or pay the tax imposed by this chapter by reason of gross payments described in section 1, shall keep records (including, but not limited to, copies of all section 54 receipts provided and complete records of exempt purchases including exempt purchaser's exemption certificates and tax number and the net of tax amount of purchase) sufficient to provide a reasonable basis for determining the amounts reported, collected, and remitted for a period of 3 years after the filing of the report for which the records formed the basis. Any purchaser who purchased taxable property or services but did not pay tax by reason of asserting an exemption shall keep records sufficient to provide a reasonable basis for determining whether the exemption was valid for a period of 3 years after the purchase of taxable property or services. ``SEC. 43. REGISTRATION. ``(a) In General.--Any person liable to collect and remit taxes pursuant to section 1 who is engaged in an active trade or business shall register with the State or Federal taxing authorities administering the taxes imposed by this chapter. ``(b) Designation of Tax Matters Person.--Every person registered pursuant to subsection (a) shall designate a tax matters person. Each person registered must provide notice of a change in the identity of the tax matters person within 30 days of said change. ``SEC. 44. CERTIFICATE. ``The State Administrator shall issue certificates of registration and qualification certificates to qualified not-for-profit organizations and may issue such other certificates as may prove useful in the administration of the taxes imposed by this chapter. ``SEC. 45. PENALTIES. ``(a) Failure To Register.--Each person who is required to register pursuant to section 43 but fails to do so prior to notification by the State Administrator shall be liable for a penalty of $500. ``(b) Failure To Collect or Remit Tax.-- ``(1) Civil penalty.--Each person who recklessly or willfully fails to collect or remit taxes imposed by section 1 shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not collected or remitted. ``(2) Criminal penalty.--Each person who willfully fails as part of an active trade or business to collect or remit taxes imposed by this chapter may be imprisoned for a period of up to one year. ``(c) Failure To Pay Tax.-- ``(1) Civil penalty.--Each person who willfully fails to pay taxes imposed by section 1 shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not paid. ``(2) Criminal penalty.--Each person who willfully fails to pay taxes imposed by this chapter may be imprisoned for a period of up to six months. ``SEC. 46. BURDEN OF PERSUASION AND BURDEN OF PRODUCTION. ``In all disputes concerning taxes imposed by this chapter, the person engaged in a dispute with the State Administrator shall have the burden of production of documents and records but the State Administrator shall have the burden of persuasion. In all disputes concerning the legitimacy of an exemption claimed by a purchaser, if the seller has on file a copy of a bona fide exemption certificate and did not have reasonable cause to believe that an exemption from the tax was unavailable to the purchaser with respect to such purchase, then the burden of production of documents and records relating to that exemption shall rest with the purchaser and not with the seller. ``SEC. 47. ATTORNEYS AND ACCOUNTANCY FEES. ``In all disputes concerning taxes imposed by this chapter, the person engaged in a dispute with the State Administrator or the Secretary, as the case may be, shall be entitled to reasonable attorneys and accountancy fees incurred in direct relation to the dispute unless the State Administrator or the Secretary, as the case may be, establishes that his position was substantially justified. ``SEC. 48. APPEALS. ``The State Administrator and the Secretary shall establish an administrative appeals process wherein the taxpayer is provided a full and fair hearing in connection with any disputes he has with the State Administrator or the Secretary. ``SEC. 49. TAXPAYER SUBJECT TO SUBPOENA ON PRODUCTION. ``Taxpayers are subject to subpoena for records and documents required by the State Administrator or the Secretary, as the case may be, to accurately determine liability for tax under this chapter. ``SEC. 50. TAX COURT JURISDICTION. ``The United States Tax Court shall have jurisdiction pursuant to section 7442 in connection with all disputes with taxpayers arising under this chapter. ``SEC. 51. POWER TO LEVY. ``Pursuant to enforcement of a judgment duly rendered by a court of law, the State Administrator or the Secretary, as the case may be, shall have the right to levy and seize property and garnish wages to collect amounts due under this chapter. ``SEC. 52. PROBLEM RESOLUTION OFFICERS. ``The State Administrator shall establish a Problem Resolution Office. Problem Resolution Officers shall have the authority to investigate taxpayer complaints and enjoin collection activity if, in the opinion of the Problem Resolution Officer, said collection activity is reasonably likely to not be in compliance with law. Said administrative injunction may only be reversed by the highest official in the relevant State or Federal taxing authority or by its General Counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this administrative injunction may not be delegated. Problem Resolution Officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern or issuing injunctions that are manifestly unreasonable is proven in an administrative hearing. Nothing in this section shall limit the authority of the State Administrators or the taxpayer to pursue any legal remedy in any court with jurisdiction over the dispute at issue. ``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION. ``(a) Allocation Rules.--For purposes of allocating revenue between or among administering states from taxes imposed by this subtitle, the revenue shall be allocated to those states that are the destination of the taxable property or services. The destination of the purchase of taxable property and services shall be determined in accordance with this section. ``(b) Federal Office of Revenue Allocation.--The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering states as to the destination of taxable property and services for purposes of allocating revenue between or among the states from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any federal court with competent jurisdiction provided, however, that the standard of review shall be abuse of discretion. ``(c) Tangible Personal Property.--The destination of tangible personal property shall be the state or territory in which the property was first delivered to the purchaser. Tangible personal property shipped by means of the mail or common carrier shall be deemed delivered to the location of the purchaser for purposes of this subsection upon shipment by mail or common carrier. ``(d) Real Property.--The destination of real property or rents or leaseholds on real property shall be state or territory in which the real property is located. ``(e) Other Property.--The destination of other property shall be residence of the purchaser. ``(f) Services.-- ``(1) General rule.--The destination of services shall be state or territory in which the use, consumption or enjoyment of the services occurred. Allocation of service invoices relating to more than one jurisdiction shall be on the basis of time. ``(2) Telecommunications services.--The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services shall include telephone, telegraph, cable television, satellite and computer on-line or network services. ``(3) Domestic transportation services.--For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among the final destinations). ``(4) International transportation services.--For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin. ``(g) Financial Intermediation Services.--The destination of financial intermediation services shall be the residence of the purchase. ``(h) A State Tax Administrator shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with this section) within the state of said State Tax Administrator. This grant of jurisdiction is not exclusive of other jurisdiction that said State Tax Administrator may have. ``(i) Rents and Royalties Paid for the Lease of Tangible Property.-- ``(1) General rule.--The destination of rents and royalties paid for the lease of tangible property shall be where the property is located. ``(2) Vehicles.--The destination of rent and lease payments on vehicles shall be-- ``(A) in the case of rentals and leases of a term one month or less, the location where the vehicle was originally delivered to the lessee; and ``(B) in the case of rentals and leases of a term greater than one month, the residence of the lessee. ``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY. ``(a) In General.--For each purchase of taxable property or services for which a tax is imposed pursuant to section 1, the sales tax shall be charged separately from the purchase price by the vendor or seller. For purchase of taxable property or services for which a tax is imposed pursuant to section 1, the vendor shall provide to the purchaser a receipt that sets forth at least the following information: ``(1) The property or services price exclusive of tax. ``(2) The amount of tax paid. ``(3) The property or service price inclusive of tax. ``(4) The tax rate (the amount of tax paid (per subparagraph 2) divided by the property or service price inclusive of tax (per subparagraph 3)). ``(5) The date that the good or service was sold. ``(6) The name of the vendor. ``(7) The vendor registration number. ``(b) Vending Machine Exception.--The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection shall mean machines-- ``(1) that dispense taxable property in exchange for coins, one, five, ten or twenty dollar bills, and ``(2) that sell no single item exceeding ten dollars per unit in price. ``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES. ``The State Administrator or the Secretary, as the case may be, is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax in installment payments if he determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the Secretary or the State Administrator was materially inaccurate or incomplete. The Secretary and the State Administrator may compromise any amounts alleged to be due. ``SEC. 56. ACCOUNTING. ``(a) Cash Method To Be Used Generally.--Vendors and other persons shall remit taxes and report transactions with respect to the month for which payment was received or the tax imposed by this chapter otherwise becomes due. ``(b) Election To Use Accrual Method.--A person may elect with respect to a calendar year, in a form prescribed by the Secretary, to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued. ``(c) Cross Reference.-- ``For rules relating to bad debts for vendors electing the accrual method, see section 11(g). ``SEC. 57. HOBBY ACTIVITIES. ``(a) The exemption afforded by section 2(a)(1) shall not be available for any taxable property or service used by a trade or business if that trade or business is not engaged in for profit. ``(b) If the trade or business has received gross payments for the sale of taxable property or services that exceed the sum of-- ``(1) taxable property and services purchased, ``(2) wages paid, and ``(3) taxes paid, in 2 or more of the most recent 4 calendar years during which it operated, then the business activity shall be conclusively deemed to be engaged in for profit.''. SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE. (a) Appropriations for any expenses of the Internal Revenue Service including processing income tax returns for years prior to the repeal of the income tax, revenue accounting, management, transfer of payroll tax data to the Social Security Administration and otherwise for years after fiscal year 2003 are not authorized. (b) Section 7801 is amended by adding the following new subsections: ``(d) Excise Tax Bureau.--There shall be in the Department of Treasury an Excise Tax Bureau to administer those excise taxes not repealed by this Act. ``(e) Sales Tax Bureau.--There shall be in the Department of Treasury a Sales Tax Bureau to administer the national sales tax in those States where it is required pursuant to section 31(g), and to discharge other Federal duties and powers relating to the national sales tax (including those required by sections 32, 33, and 53(b)). The Office of Revenue Allocation shall be within the Sales Tax Bureau.''. (c) Section 7801(b)(2) is amended to read as follows: ``(2) Assistant general counsels.--The Secretary of the Treasury may appoint, without regard to the provisions of the civil service laws, and fix the duties of not more than 5 Assistant General Counsel.''. (d) Short Year.-- (1) For purposes of the Federal income tax, the tax imposed by section 1 and section 11 for taxable years ending June 30, 2001, shall be modified as set forth in this subsection. (2) For calendar year taxpayers, the dollar figures in section 1 and section 11 shall be reduced by dividing by 2 all dollar figures that would be applicable but for this subsection. (3) For fiscal year taxpayers, the dollar figures in section 1 and section 11 shall be equal to the product of-- (A) the dollar amount that would be applicable but for this subsection, and (B) the ratio that has as its numerator the number of months in the taxpayer's taxable year ending June 30, 2001, and as its denominator 12. (4) The Secretary shall publish tax rate schedules in accordance with this subsection. SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES. (a) Commencing January 1, 2001, the Social Security Administration shall collect and administer the taxes imposed pursuant to chapter 2 of subtitle A (relating to self employment income taxes) and subtitle C (relating to employment taxes) of the Internal Revenue Code of 1986. (b) Cross References.-- For revised rules relating to the self- employment tax, see section 7 of this Act. For rules relating to revised withholding tax schedules and family consumption refund, see section 13. SEC. 7. SELF-EMPLOYMENT TAX. (a) Subsection 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--`Self employment income' shall mean gross payments received in a calendar year from the sale of taxable property or services (without regard to exemption) less the sum in a calendar year of-- ``(1) purchases of taxable property or services (without regard to exemption) in furtherance of a business purpose, ``(2) any wages paid (whether to the self-employed person or others) in furtherance of a business purpose, ``(3) unused transition amounts, and ``(4) undeducted negative self employment income amounts from prior periods. ``(b) Transition Amounts.-- ``(1) General rule.--The transition amount for the ten calendar years commencing in 2001 shall be the unrecovered basis amount as of the end of December 31, 2000 divided by ten. ``(2) Unrecovered basis amount.--The unrecovered basis amount shall be remaining income tax basis relating to-- ``(A) prior law section 167 property placed in service prior to January 1, 2001, and ``(B) inventory held as of the end of 2000 (including any amounts capitalized in accordance with prior law section 263A).''. (b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as subsections 1402(b) et seq. SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS. Subparagraph (D) of paragraph (1) of subsection (i) of section 215 of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living increases in Social Security benefits) is amended to read as follows: ``(D)(i) the term `CPI increase percentage', with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost- of-living computation quarter under subparagraph (B); ``(ii) if the Consumer Price Index (as prepared by the Department of Labor) does not include the national sales tax paid, then the term `CPI increase percentage' with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the product of-- ``(I) the Consumer Price Index for that quarter (as prepared by the Department of Labor); and ``(II) the national sales tax factor, exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost-of-living computation quarter under subparagraph (B); and ``(iii) for purposes of clause (ii), the `national sales tax factor' is equal to one plus the quotient that is-- ``(I) the sales tax rate (as defined in section 1 of title 26), divided by ``(II) the quantity that is one minus the sales tax rate.''. SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME. (a) Compensating Payment.--Eligible persons (as defined in subsection (c)) shall receive a compensating payment (as defined in subsection (b)) provided that they comply with subsection (g) (relating to applications). (b) Compensating Payment Defined.--The term ``compensating payment'' means the product of the qualified fixed income payment amount (as defined in subsection (e)) and the excess inflation rate (as defined in subsection (f)). (c) Eligible Person Defined.--An eligible person is any person with respect to any calendar year who is entitled to-- (1) Social Security benefits; and (2) qualified fixed income payments (as defined in subsection (d)). (d) Qualified Fixed Income Payment Defined.--A qualified fixed income payment is a payment received by-- (1) a beneficiary under a defined benefit plan (within the meaning of section 414(j) of the Internal Revenue Code as in effect prior to the enactment of this Act) whether sponsored by a private or Government employer; or (2) by an annuitant pursuant to an annuity contract between the annuitant and a bona fide insurance company. A payment pursuant to a plan or annuity contract is not a qualified fixed income payment if the payment varies with investment performance, interest rates, or inflation. Payments pursuant to an annuity contract entered into after June 30, 2001, shall not be qualified fixed income payments. Payments pursuant to a defined benefit plan to a beneficiary that had been a participant in said defined benefit plan (within the meaning of section 410 of the Internal Revenue Code as in effect prior to the enactment of this Act) for less than 5 years shall not be qualified fixed income payments. (e) Qualified Fixed Income Payment Amount.--The qualified fixed income payment amount is \1/12\ of qualified fixed income payments that an eligible person is entitled to receive during the calendar year subsequent to the year for which the compensating payment is calculated, provided, however, that the qualified fixed income payment amount shall not exceed $5,000. (f) Excess Inflation Rate Defined.--The term ``excess inflation rate'' shall mean the excess, if any, of the consumer price index (all urban) during the 18-month period ending December 31, 2002, over the increase projected for the consumer price index (all urban) in the Office of Management and Budget baseline reported in the Budget of the United States for Fiscal Year 2001 for said 18-month period. The baseline assumption for the 6 months in 2001 shall be \1/2\ of the assumed increase for the entire calendar year 2001. (g) Application Required.--In order to receive compensating payments, each eligible person must apply in a form prescribed by the Secretary of Health and Human Services and provide such documentation as the Secretary may reasonably require. (h) Means of Payment.--Each person entitled to a compensating payment shall receive the compensating payment with their Social Security benefit payment. The compensating payment shall be separately indicated but may be included in one check. The funds to make compensating payments shall come from the general fund. (i) The Secretary of Health and Human Services may require insurers that are parties to annuity contracts and defined benefit plan sponsors to issue a statement to annuitants or plan participants including such information as the Secretary may require to determine the qualified fixed income payment amount. SEC. 10. INTEREST. Section 6621 of the Internal Revenue Code of 1986 is amended by striking the last sentence in section 6621(a)(1) and by striking ``3'' in section 6621(a)(2)(B) and substituting in its stead ``2''. SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that-- (1) increases any federal sales tax rate, and (2) provides any exemption, deduction, credit or other benefit which results in a reduction in federal revenues. (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. <all>

usgpo

2024-06-24T03:05:53.885199

BILLS-106hr459eh

An act to extend the deadline under the Federal Power Act for FERC Project No.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 459 Engrossed in House (EH)] 1st Session H. R. 459 _______________________________________________________________________ AN ACT To extend the deadline under the Federal Power Act for FERC Project No. 9401, the Mt. Hope Waterpower Project. 106th CONGRESS 1st Session H. R. 459 _______________________________________________________________________ AN ACT To extend the deadline under the Federal Power Act for FERC Project No. 9401, the Mt. Hope Waterpower Project. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF TIME FOR FERC PROJECT. Notwithstanding the time limitations specified in section 13 of the Federal Power Act (16 U.S.C. 806), the Federal Energy Regulatory Commission, upon the request of the licensee for FERC Project No. 9401 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission's procedures under such section, to extend the time required for commencement of construction of such project until August 3, 2002. Passed the House of Representatives May 4, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:54.212128

BILLS-106hr441rh

Nursing Relief for Disadvantaged Areas Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 441 Reported in House (RH)] Union Calendar No. 75 106th CONGRESS 1st Session H. R. 441 [Report No. 106-135] _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas. _______________________________________________________________________ May 12, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Union Calendar No. 75 106th CONGRESS 1st Session H. R. 441 [Report No. 106-135] To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 1999 Mr. Rush (for himself and Mr. Hyde) introduced the following bill; which was referred to the Committee on the Judiciary May 12, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief for Disadvantaged Areas Act of 1999''. SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS DURING 4-YEAR PERIOD. (a) Establishment of a New Nonimmigrant Classification for Nonimmigrant Nurses in Health Professional Shortage Areas.--Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking ``; or'' at the end and inserting the following: ``, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; or''. (b) Requirements.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in section 101(a)(15)(H)(i)(c), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; ``(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The facility meets all the requirements of paragraph (6). ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. ``(iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. ``(iv) The facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses. ``(v) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(vi) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations. ``(vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c) that exceeds 33 percent of the total number of registered nurses employed by the facility. ``(viii) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999. A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing. ``(B) For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: ``(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. ``(ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses. ``(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. ``(iv) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate that taking a second step is not reasonable. ``(C) Subject to subparagraph (E), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. ``(E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. ``(ii) The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(F)(i) The Secretary of Labor shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be 3 years. ``(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500. The number of such visas issued for employment in each State in each fiscal year shall not exceed the following: ``(A) For States with populations of less than 9,000,000, based upon the 1990 decennial census of population, 25 visas. ``(B) For States with populations of 9,000,000 or more, based upon the 1990 decennial census of population, 50 visas. ``(C) If the total number of visas available under this paragraph for a fiscal year quarter exceeds the number of qualified nonimmigrants who may be issued such visas during those quarters, the visas made available under this paragraph shall be issued without regard to the numerical limitation under subparagraph (A) or (B) of this paragraph during the last fiscal year quarter. ``(5) A facility that has filed a petition under section 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; ``(B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and ``(C) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c), the term `facility' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements: ``(A) As of March 31, 1997, the hospital was located in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). ``(B) Based on its settled cost report filed under title XVIII of the Social Security Act for its cost reporting period beginning during fiscal year 1994-- ``(i) the hospital has not less than 190 licensed acute care beds; ``(ii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title is not less than 35 percent of the total number of such hospital's acute care inpatient days for such period; and ``(iii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. ``(7) For purposes of paragraph (2)(A)(v), the term `lay off', with respect to a worker-- ``(A) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. Nothing in this paragraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract.''. (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking subclause (a). (d) Implementation.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act (as amended by subsection (b)). (e) Limiting Application of Nonimmigrant Changes to 4-Year Period.--The amendments made by this section shall apply to classification petitions filed for nonimmigrant status only during the 4-year period beginning on the date that interim or final regulations are first promulgated under subsection (d). SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE. Not later than the last day of the 4-year period described in section 2(e), the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the Congress recommendations (including legislative specifications) with respect to the following: (1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act (as amended by section 2(b)) on nonimmigrant registered nurses by providing for a permanent solution to the shortage of registered nurses who are United States citizens or aliens lawfully admitted for permanent residence. (2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act (as amended by section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act (as so amended). SEC. 4. CERTIFICATION FOR CERTAIN ALIEN NURSES. (a) In General.-- (1) Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following new subsection: ``(r) Subsection (a)(5)(C) shall not apply to an alien who seeks to enter the United States for the purpose of performing labor as a nurse who presents to the consular officer (or in the case of an adjustment of status, the Attorney General) a certified statement from the Commission on Graduates of Foreign Nursing Schools (or an equivalent independent credentialing organization approved for the certification of nurses under subsection (a)(5)(C) by the Attorney General in consultation with the Secretary of Health and Human Services) that-- ``(1) the alien has a valid and unrestricted license as a nurse in a State where the alien intends to be employed and such State verifies that the foreign licenses of alien nurses are authentic and unencumbered; ``(2) the alien has passed the National Council Licensure Examination (NCLEX); ``(3) the alien is a graduate of a nursing program-- ``(A) in which the language of instruction was English; ``(B) located in a country-- ``(i) designated by such commission not later than 30 days after the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999, based on such commission's assessment that the quality of nursing education in that country, and the English language proficiency of those who complete such programs in that country, justify the country's designation; or ``(ii) designated on the basis of such an assessment by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection; and ``(C)(i) which was in operation on or before the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999; or ``(ii) has been approved by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection.''. (2) Section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)) is amended by striking ``Any alien who seeks'' and inserting ``Subject to subsection (r), any alien who seeks''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (c) Issuance of Certified Statements.--The Commission on Graduates of Foreign Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified statements pursuant to the amendment under subsection (a) not more than 35 days after the receipt of a complete application for such a statement.

usgpo

2024-06-24T03:05:54.233752

BILLS-106hr459rfs

An act to extend the deadline under the Federal Power Act for FERC Project No.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 459 Referred in Senate (RFS)] 1st Session H. R. 459 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 5, 1999 Received; read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ AN ACT To extend the deadline under the Federal Power Act for FERC Project No. 9401, the Mt. Hope Waterpower Project. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF TIME FOR FERC PROJECT. Notwithstanding the time limitations specified in section 13 of the Federal Power Act (16 U.S.C. 806), the Federal Energy Regulatory Commission, upon the request of the licensee for FERC Project No. 9401 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission's procedures under such section, to extend the time required for commencement of construction of such project until August 3, 2002. Passed the House of Representatives May 4, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:54.264004

BILLS-106hr435eas

Miscellaneous Trade and Technical Corrections Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 435 Engrossed Amendment Senate (EAS)] In the Senate of the United States, May 27, 1999. Resolved, That the bill from the House of Representatives (H.R. 435) entitled ``An Act to make miscellaneous and technical changes to various trade laws, and for other purposes.'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Miscellaneous Trade and Technical Corrections Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MISCELLANEOUS TRADE CORRECTIONS Sec. 1001. Clerical amendments. Sec. 1002. Obsolete references to GATT. Sec. 1003. Tariff classification of 13-inch televisions. TITLE II--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS; OTHER TRADE PROVISIONS Subtitle A--Temporary Duty Suspensions and Reductions Chapter 1--Reference Sec. 2001. Reference. Chapter 2--Duty Suspensions and Reductions Sec. 2101. Diiodomethyl-p-tolylsulfone. Sec. 2102. Racemic dl-menthol. Sec. 2103. 2,4-Dichloro-5-hydrazinophenol monohydrochloride. Sec. 2104. ACM. Sec. 2105. Certain snowboard boots. Sec. 2106. Ethofumesate singularly or in mixture with application adjuvants. Sec. 2107. 3-Methoxycarbonylaminophenyl-3,-methylcarbanilate (phenmedipham). Sec. 2108. 3-Ethoxycarbonylaminophenyl-N-phenylcarbamate (desmedipham). Sec. 2109. 2-Amino-4-(4-aminobenzoylamino)benzenesulfonic acid, sodium salt. Sec. 2110. 5-Amino-N-(2-hydroxyethyl)-2,3-xylenesulfonamide. Sec. 2111. 3-Amino-2,-(sulfatoethylsulfonyl) ethyl benzamide. Sec. 2112. 4-Chloro-3-nitrobenzenesulfonic acid, monopotassium salt. Sec. 2113. 2-Amino-5-nitrothiazole. Sec. 2114. 4-Chloro-3-nitrobenzenesulfonic acid. Sec. 2115. 6-Amino-1,3-naphthalenedisulfonic acid. Sec. 2116. 4-Chloro-3-nitrobenzenesulfonic acid, monosodium salt. Sec. 2117. 2-Methyl-5-nitrobenzenesulfonic acid. Sec. 2118. 6-Amino-1,3-naphthalenedisulfonic acid, disodium salt. Sec. 2119. 2-Amino-p-cresol. Sec. 2120. 6-Bromo-2,4-dinitroaniline. Sec. 2121. 7-Acetylamino-4-hydroxy-2-naphthalenesulfonic acid, monosodium salt. Sec. 2122. Tannic acid. Sec. 2123. 2-Amino-5-nitrobenzenesulfonic acid, monosodium salt. Sec. 2124. 2-Amino-5-nitrobenzenesulfonic acid, monoammonium salt. Sec. 2125. 2-Amino-5-nitrobenzenesulfonic acid. Sec. 2126. 3-(4,5-Dihydro-3-methyl-5-oxo-1H-pyrazol-1- yl)benzenesulfonic acid. Sec. 2127. 4-Benzoylamino-5-hydroxy-2,7-naphthalenedisulfonic acid. Sec. 2128. 4-Benzoylamino-5-hydroxy-2,7-naphthalenedisulfonic acid, monosodium salt. Sec. 2129. Pigment Yellow 154. Sec. 2130. Pigment Yellow 175. Sec. 2131. Pigment Red 187. Sec. 2132. 2,6-Dimethyl-m-dioxan-4-ol acetate. Sec. 2133. <greek-b>-Bromo-<greek-b>-nitrostyrene. Sec. 2134. Textile machinery. Sec. 2135. Deltamethrin. Sec. 2136. Diclofop-methyl. Sec. 2137. Resmethrin. Sec. 2138. N-phenyl-N,-1,2,3-thiadiazol-5-ylurea. Sec. 2139. (1R,3S)3[(1,RS)(1,,2,,2,,2,,-Tetrabromoethyl)]-2,2- dimethylcyclopro-panecarboxylic acid, (S)- <greek-a>-cyano-3-phenoxybenzyl ester. Sec. 2140. Pigment Red 177. Sec. 2141. Textile printing machinery. Sec. 2142. Substrates of synthetic quartz or synthetic fused silica. Sec. 2143. 2-Methyl-4,6-bis[(octylthio)methyl]phenol. Sec. 2144. 2-Methyl-4,6-bis[(octylthio)methyl]phenol; epoxidized triglyceride. Sec. 2145. 4-[[4,6-Bis(octylthio)-1,3,5-triazin-2-yl]amino]-2,6- bis(1,1-dimethylethyl)phenol. Sec. 2146. (2-Benzothiazolylthio)butanedioic acid. Sec. 2147. Calcium bis[monoethyl(3,5-di-tert-butyl-4-hydroxybenzyl) phosphonate]. Sec. 2148. 4-Methyl-<greek-g>-oxo-benzenebutanoic acid compounded with 4-ethylmorpholine (2:1). Sec. 2149. Weaving machines. Sec. 2150. Certain weaving machines. Sec. 2151. DEMT. Sec. 2152. Benzenepropanal, 4-(1,1-dimethylethyl)-alpha-methyl-. Sec. 2153. 2H-3,1-Benzoxazin-2-one, 6-chloro-4-(cyclopropylethynyl)- 1,4-dihydro-4-(trifluoromethyl)-. Sec. 2154. Tebufenozide. Sec. 2155. Halofenozide. Sec. 2156. Certain organic pigments and dyes. Sec. 2157. 4-Hexylresorcinol. Sec. 2158. Certain sensitizing dyes. Sec. 2159. Skating boots for use in the manufacture of in-line roller skates. Sec. 2160. Dibutylnaphthalenesulfonic acid, sodium salt. Sec. 2161. O-(6-Chloro-3-phenyl-4-pyridazinyl)-S-octylcarbonothioate. Sec. 2162. 4-Cyclopropyl-6-methyl-2-phenylaminopyrimidine. Sec. 2163. O,O-Dimethyl-S-[5-methoxy-2-oxo-1,3,4-thiadiazol-3(2H)-yl- methyl]-dithiophosphate. Sec. 2164. Ethyl [2-(4-phenoxyphenoxy)ethyl]carbamate. Sec. 2165. [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)]-1-[2-[4-(4- chlorophenoxy)-2-chlorophenyl]-4-methyl- 1,3-dioxolan-2-ylmethyl]-1H-1,2,4-triazole. Sec. 2166. 2,4-Dichloro-3,5-dinitrobenzotrifluoride. Sec. 2167. 2-Chloro-N-[2,6-dinitro-4-(trifluoromethyl)phenyl]-N-ethyl- 6-fluorobenzenemethanamine. Sec. 2168. Chloroacetone. Sec. 2169. Acetic acid, [(5-chloro-8-quinolinyl)oxy]-, 1-methylhexyl ester. Sec. 2170. Propanoic acid, 2-[4-[(5-chloro-3-fluoro-2- pyridinyl)oxy]phenoxy]-, 2-propynyl ester. Sec. 2171. Mucochloric acid. Sec. 2172. Certain rocket engines. Sec. 2173. Pigment Red 144. Sec. 2174. (S)-N-[[5-[2-(2-Amino-4,6,7,8-tetrahydro-4-oxo-1H- pyrimido[5,4-b] [1,4]thiazin-6-yl)ethyl]-2- thienyl]carbonyl]-l-glutamic acid, diethyl ester. Sec. 2175. 4-Chloropyridine hydrochloride. Sec. 2176. 4-Phenoxypyridine. Sec. 2177. (3S)-2,2-Dimethyl-3-thiomorpholine carboxylic acid. Sec. 2178. 2-Amino-5-bromo-6-methyl-4-(1H)-quinazolinone. Sec. 2179. 2-Amino-6-methyl-5-(4-pyridinylthio)-4(1H)-quinazolinone. Sec. 2180. (S)-N-[[5-[2-(2-amino-4,6,7,8-tetrahydro-4-oxo-1H- pyrimido[5,4-b][1,4]thiazin-6-yl)ethyl]-2- thienyl]carbonyl]-l-glutamic acid. Sec. 2181. 2-Amino-6-methyl-5-(4-pyridinylthio)-4-(1H)-quinazolinone dihydrochloride. Sec. 2182. 3-(Acetyloxy)-2-methylbenzoic acid. Sec. 2183. [R-(R*,R*)]-1,2,3,4-butanetetrol-1,4-dimethanesulfonate. Sec. 2184. 9-[2-[[Bis[(pivaloyloxy)methoxy]phosphinyl]methoxy] ethyl]adenine (also known as Adefovir Dipivoxil). Sec. 2185. 9-[2-(R)-[[Bis[(isopropoxycarbonyl)oxy-methoxy]- phosphinoyl]methoxy]-propyl]adenine fumarate (1:1). Sec. 2186. (R)-9-(2-Phosphonomethoxypropyl)adenine. Sec. 2187. (R)-1,3-Dioxolan-2-one, 4-methyl-. Sec. 2188. 9-(2-Hydroxyethyl)adenine. Sec. 2189. (R)-9H-Purine-9-ethanol, 6-amino-<greek-a>-methyl-. Sec. 2190. Chloromethyl-2-propyl carbonate. Sec. 2191. (R)-1,2-Propanediol, 3-chloro-. Sec. 2192. Oxirane, (S)-((triphenylmethoxy)methyl)-. Sec. 2193. Chloromethyl pivalate. Sec. 2194. Diethyl (((p-toluenesulfonyl)oxy)-methyl)phosphonate. Sec. 2195. Beta hydroxyalkylamide. Sec. 2196. Grilamid tr90. Sec. 2197. IN-W4280. Sec. 2198. KL540. Sec. 2199. Methyl thioglycolate. Sec. 2200. DPX-E6758. Sec. 2201. Ethylene, tetrafluoro copolymer with ethylene (ETFE). Sec. 2202. 3-Mercapto-D-valine. Sec. 2203. p-Ethylphenol. Sec. 2204. Pantera. Sec. 2205. p-Nitrobenzoic acid. Sec. 2206. p-Toluenesulfonamide. Sec. 2207. Polymers of tetrafluoroethylene, hexafluoropropylene, and vinylidene fluoride. Sec. 2208. Methyl 2-[[[[[4-(dimethylamino)-6-(2,2,2- trifluoroethoxy)- 1,3,5-triazin-2-yl]amino]- carbonyl]amino]sulfonyl]-3-methylbenzoate (triflusulfuron methyl). Sec. 2209. Certain manufacturing equipment. Sec. 2210. Textured rolled glass sheets. Sec. 2211. Certain HIV drug substances. Sec. 2212. Rimsulfuron. Sec. 2213. Carbamic acid (V-9069). Sec. 2214. DPX-E9260. Sec. 2215. Ziram. Sec. 2216. Ferroboron. Sec. 2217. Acetic acid, [[2-chloro-4-fluoro-5-[(tetrahydro-3-oxo-1H,3H- [1,3,4] thiadiazolo[3,4-a]pyridazin-1- ylidene)amino]phenyl]- thio]-, methyl ester. Sec. 2218. Pentyl[2-chloro-5-(cyclohex-1-ene-1,2-dicarboximido)-4- fluorophenoxy]acetate. Sec. 2219. Bentazon (3-isopropyl)-1H-2,1,3-benzothiadiazin-4(3H)-one- 2,2-dioxide). Sec. 2220. Certain high-performance loudspeakers not mounted in their enclosures. Sec. 2221. Parts for use in the manufacture of certain high-performance loudspeakers. Sec. 2222. 5-tert-Butyl-isophthalic acid. Sec. 2223. Certain polymer. Sec. 2224. 2-(4-Chlorophenyl)-3-ethyl-2, 5-dihydro-5-oxo-4-pyridazine carboxylic acid, potassium salt. Sec. 2225. Pigment Red 185. Sec. 2226. Pigment Red 208. Sec. 2227. Pigment Yellow 95. Sec. 2228. Pigment Yellow 93. Chapter 3--Effective Date Sec. 2301. Effective date. Subtitle B--Other Trade Provisions Sec. 2401. Extension of United States insular possession program. Sec. 2402. Tariff treatment for certain components of scientific instruments and apparatus. Sec. 2403. Liquidation or reliquidation of certain entries. Sec. 2404. Drawback and refund on packaging material. Sec. 2405. Inclusion of commercial importation data from foreign-trade zones under the National Customs Automation Program. Sec. 2406. Large yachts imported for sale at United States boat shows. Sec. 2407. Review of protests against decisions of Customs Service. Sec. 2408. Entries of NAFTA-origin goods. Sec. 2409. Treatment of international travel merchandise held at customs-approved storage rooms. Sec. 2410. Exception to 5-year reviews of countervailing duty or antidumping duty orders. Sec. 2411. Water resistant wool trousers. Sec. 2412. Reimportation of certain goods. Sec. 2413. Treatment of personal effects of participants in certain world athletic events. Sec. 2414. Reliquidation of certain entries of thermal transfer multifunction machines. Sec. 2415. Reliquidation of certain drawback entries and refund of drawback payments. Sec. 2416. Clarification of additional U.S. note 4 to chapter 91 of the Harmonized Tariff Schedule of the United States. Sec. 2417. Duty-free sales enterprises. Sec. 2418. Customs user fees. Sec. 2419. Duty drawback for methyl tertiary-butyl ether (``MTBE''). Sec. 2420. Substitution of finished petroleum derivatives. Sec. 2421. Duty on certain importations of mueslix cereals. Sec. 2422. Expansion of Foreign Trade Zone No. 143. Sec. 2423. Marking of certain silk products and containers. Sec. 2424. Extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Mongolia. Sec. 2425. Enhanced cargo inspection pilot program. Sec. 2426. Payment of education costs of dependents of certain Customs Service personnel. TITLE III--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 Sec. 3001. Property subject to a liability treated in same manner as assumption of liability. TITLE I--MISCELLANEOUS TRADE CORRECTIONS SEC. 1001. CLERICAL AMENDMENTS. (a) Trade Act of 1974.--(1) Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended-- (A) by aligning the text of paragraph (2) that precedes subparagraph (A) with the text of paragraph (1); and (B) by aligning the text of subparagraphs (A) and (B) of paragraph (2) with the text of subparagraphs (A) and (B) of paragraph (3). (2) Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is amended-- (A) in paragraph (3) by striking ``Limitation on appointments.--''; and (B) by aligning the text of paragraph (3) with the text of paragraph (2). (3) The item relating to section 410 in the table of contents for the Trade Act of 1974 is repealed. (4) Section 411 of the Trade Act of 1974 (19 U.S.C. 2441), and the item relating to section 411 in the table of contents for that Act, are repealed. (5) Section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)) is amended by striking ``For purposes of'' and all that follows through ``90-day period'' and inserting ``For purposes of sections 203(c) and 407(c)(2), the 90-day period''. (6) Section 406(e)(2) of the Trade Act of 1974 (19 U.S.C. 2436(e)(2)) is amended by moving subparagraphs (B) and (C) 2 ems to the left. (7) Section 503(a)(2)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2463(a)(2)(A)(ii)) is amended by striking subclause (II) and inserting the following: ``(II) the direct costs of processing operations performed in such beneficiary developing country or such member countries, is not less than 35 percent of the appraised value of such article at the time it is entered.''. (8) Section 802(b)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2492(b)(1)(A)) is amended-- (A) by striking ``481(e)'' and inserting ``489''; and (B) by inserting ``(22 U.S.C. 2291h)'' after ``1961''. (9) Section 804 of the Trade Act of 1974 (19 U.S.C. 2494) is amended by striking ``481(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(1))'' and inserting ``489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h)''. (10) Section 805(2) of the Trade Act of 1974 (19 U.S.C. 2495(2)) is amended by striking ``and'' after the semicolon. (11) The table of contents for the Trade Act of 1974 is amended by adding at the end the following: ``TITLE VIII--TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES ``Sec. 801. Short title. ``Sec. 802. Tariff treatment of products of uncooperative major drug producing or drug-transit countries. ``Sec. 803. Sugar quota. ``Sec. 804. Progress reports. ``Sec. 805. Definitions.''. (b) Other Trade Laws.--(1) Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended-- (A) in subsection (e) by aligning the text of paragraph (1) with the text of paragraph (2); and (B) in subsection (f)(3)-- (i) in subparagraph (A)(ii) by striking ``subsection (a)(1) through (a)(8)'' and inserting ``paragraphs (1) through (8) of subsection (a)''; and (ii) in subparagraph (C)(ii)(I) by striking ``paragraph (A)(i)'' and inserting ``subparagraph (A)(i)''. (2) Section 3(a) of the Act of June 18, 1934 (commonly referred to as the ``Foreign Trade Zones Act'') (19 U.S.C. 81c(a)) is amended by striking the second period at the end of the last sentence. (3) Section 9 of the Act of June 18, 1934 (commonly referred to as the ``Foreign Trade Zones Act'') (19 U.S.C. 81i) is amended by striking ``Post Office Department, the Public Health Service, the Bureau of Immigration'' and inserting ``United States Postal Service, the Public Health Service, the Immigration and Naturalization Service''. (4) The table of contents for the Trade Agreements Act of 1979 is amended-- (A) in the item relating to section 411 by striking ``Special Representative'' and inserting ``Trade Representative''; and (B) by inserting after the items relating to subtitle D of title IV the following: ``Subtitle E--Standards and Measures Under the North American Free Trade Agreement ``Chapter 1--Sanitary and Phytosanitary Measures ``Sec. 461. General. ``Sec. 462. Inquiry point. ``Sec. 463. Chapter definitions. ``Chapter 2--Standards-related Measures ``Sec. 471. General. ``Sec. 472. Inquiry point. ``Sec. 473. Chapter definitions. ``Chapter 3--Subtitle Definitions ``Sec. 481. Definitions. ``Subtitle F--International Standard-Setting Activities ``Sec. 491. Notice of United States participation in international standard-setting activities. ``Sec. 492. Equivalence determinations. ``Sec. 493. Definitions.''. (5)(A) Section 3(a)(9) of the Miscellaneous Trade and Technical Corrections Act of 1996 is amended by striking ``631(a)'' and ``1631(a)'' and inserting ``631'' and ``1631'', respectively. (B) Section 50(c)(2) of such Act is amended by striking ``applied to entry'' and inserting ``applied to such entry''. (6) Section 8 of the Act of August 5, 1935 (19 U.S.C. 1708) is repealed. (7) Section 584(a) of the Tariff Act of 1930 (19 U.S.C. 1584(a)) is amended-- (A) in the last sentence of paragraph (2), by striking ``102(17) and 102(15), respectively, of the Controlled Substances Act'' and inserting ``102(18) and 102(16), respectively, of the Controlled Substances Act (21 U.S.C. 802(18) and 802(16))''; and (B) in paragraph (3)-- (i) by striking ``or which consists of any spirits,'' and all that follows through ``be not shown,''; and (ii) by striking ``, and, if any manifested merchandise'' and all that follows through the end and inserting a period. (8) Section 621(4)(A) of the North American Free Trade Agreement Implementation Act, as amended by section 21(d)(12) of the Miscellaneous Trade and Technical Amendments Act of 1996, is amended by striking ``disclosure within 30 days'' and inserting ``disclosure, or within 30 days''. (9) Section 558(b) of the Tariff Act of 1930 (19 U.S.C. 1558(b)) is amended by striking ``(c)'' each place it appears and inserting ``(h)''. (10) Section 441 of the Tariff Act of 1930 (19 U.S.C. 1441) is amended by striking paragraph (6). (11) General note 3(a)(ii) to the Harmonized Tariff Schedule of the United States is amended by striking ``general most-favored-nation (MFN)'' and by inserting in lieu thereof ``general or normal trade relations (NTR)''. SEC. 1002. OBSOLETE REFERENCES TO GATT. (a) Forest Resources Conservation and Shortage Relief Act of 1990.--(1) Section 488(b) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620(b)) is amended-- (A) in paragraph (3) by striking ``General Agreement on Tariffs and Trade'' and inserting ``GATT 1994 (as defined in section 2(1)(B) of the Uruguay Round Agreements Act)'' ; and (B) in paragraph (5) by striking ``General Agreement on Tariffs and Trade'' and inserting ``WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 2 of the Uruguay Round Agreements Act)''. (2) Section 491(g) of that Act (16 U.S.C. 620c(g)) is amended by striking ``Contracting Parties to the General Agreement on Tariffs and Trade'' and inserting ``Dispute Settlement Body of the World Trade Organization (as the term `World Trade Organization' is defined in section 2(8) of the Uruguay Round Agreements Act)''. (b) International Financial Institutions Act.--Section 1403(b) of the International Financial Institutions Act (22 U.S.C. 262n-2(b)) is amended-- (1) in paragraph (1)(A) by striking ``General Agreement on Tariffs and Trade or Article 10'' and all that follows through ``Trade'' and inserting ``GATT 1994 as defined in section 2(1)(B) of the Uruguay Round Agreements Act, or Article 3.1(a) of the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of that Act''; and (2) in paragraph (2)(B) by striking ``Article 6'' and all that follows through ``Trade'' and inserting ``Article 15 of the Agreement on Subsidies and Countervailing Measures referred to in subparagraph (A)''. (c) Bretton Woods Agreements Act.--Section 49(a)(3) of the Bretton Woods Agreements Act (22 U.S.C. 286gg(a)(3)) is amended by striking ``GATT Secretariat'' and inserting ``Secretariat of the World Trade Organization (as the term `World Trade Organization' is defined in section 2(8) of the Uruguay Round Agreements Act)''. (d) Fishermen's Protective Act of 1967.--Section 8(a)(4) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(4)) is amended by striking ``General Agreement on Tariffs and Trade'' and inserting ``World Trade Organization (as defined in section 2(8) of the Uruguay Round Agreements Act) or the multilateral trade agreements (as defined in section 2(4) of that Act)''. (e) United States-Hong Kong Policy Act of 1992.--Section 102(3) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5712(3)) is amended-- (1) by striking ``contracting party to the General Agreement on Tariffs and Trade'' and inserting ``WTO member country (as defined in section 2(10) of the Uruguay Round Agreements Act)''; and (2) by striking ``latter organization'' and inserting ``World Trade Organization (as defined in section 2(8) of that Act)''. (f) NOAA Fleet Modernization Act.--Section 607(b)(8) of the NOAA Fleet Modernization Act (33 U.S.C. 891e(b)(8)) is amended by striking ``Agreement on Interpretation'' and all that follows through ``trade negotiations'' and inserting ``Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreements Act, or any other export subsidy prohibited by that agreement''. (g) Energy Policy Act of 1992.--(1) Section 1011(b) of the Energy Policy Act of 1992 (42 U.S.C. 2296b(b)) is amended-- (A) by striking ``General Agreement on Tariffs and Trade'' and inserting ``multilateral trade agreements (as defined in section 2(4) of the Uruguay Round Agreements Act)''; and (B) by striking ``United States-Canada Free Trade Agreement'' and inserting ``North American Free Trade Agreement''. (2) Section 1017(c) of such Act (42 U.S.C. 2296b-6(c)) is amended-- (A) by striking ``General Agreement on Tariffs and Trade'' and inserting ``multilateral trade agreements (as defined in section 2(4) of the Uruguay Round Agreements Act)''; and (B) by striking ``United States-Canada Free Trade Agreement'' and inserting ``North American Free Trade Agreement''. (h) Energy Policy Conservation Act.--Section 400AA(a)(3) of the Energy Policy Conservation Act (42 U.S.C. 6374(a)(3)) is amended in subparagraphs (F) and (G) by striking ``General Agreement on Tariffs and Trade'' each place it appears and inserting ``multilateral trade agreements as defined in section 2(4) of the Uruguay Round Agreements Act''. (i) Title 49, United States Code.--Section 50103 of title 49, United States Code, is amended in subsections (c)(2) and (e)(2) by striking ``General Agreement on Tariffs and Trade'' and inserting ``multilateral trade agreements (as defined in section 2(4) of the Uruguay Round Agreements Act)''. SEC. 1003. TARIFF CLASSIFICATION OF 13-INCH TELEVISIONS. (a) In General.--Each of the following subheadings of the Harmonized Tariff Schedule of the United States is amended by striking ``33.02 cm'' in the article description and inserting ``34.29 cm'': (1) Subheading 8528.12.12. (2) Subheading 8528.12.20. (3) Subheading 8528.12.62. (4) Subheading 8528.12.68. (5) Subheading 8528.12.76. (6) Subheading 8528.12.84. (7) Subheading 8528.21.16. (8) Subheading 8528.21.24. (9) Subheading 8528.21.55. (10) Subheading 8528.21.65. (11) Subheading 8528.21.75. (12) Subheading 8528.21.85. (13) Subheading 8528.30.62. (14) Subheading 8528.30.66. (15) Subheading 8540.11.24. (16) Subheading 8540.11.44. (b) Effective Date.-- (1) In general.--The amendments made by this section apply to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act. (2) Retroactive application.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the Customs Service not later than 180 days after the date of enactment of this Act, any entry, or withdrawal from warehouse for consumption, of an article described in a subheading listed in paragraphs (1) through (16) of subsection (a)-- (A) that was made on or after January 1, 1995, and before the date that is 15 days after the date of enactment of this Act; (B) with respect to which there would have been no duty or a lesser duty if the amendments made by subsection (a) applied to such entry; and (C) that is-- (i) unliquidated; (ii) under protest; or (iii) otherwise not final, shall be liquidated or reliquidated as though such amendment applied to such entry. TITLE II--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS; OTHER TRADE PROVISIONS Subtitle A--Temporary Duty Suspensions and Reductions CHAPTER 1--REFERENCE SEC. 2001. REFERENCE. Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision, the reference shall be considered to be made to a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007). CHAPTER 2--DUTY SUSPENSIONS AND REDUCTIONS SEC. 2101. DIIODOMETHYL-P-TOLYLSULFONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.90 Diiodomethyl-p- Free No change No change On or before 12/ tolylsulfone (CAS 31/2001 No. 20018-09-1) (provided for in subheading 2930.90.10)...... SEC. 2102. RACEMIC DL-MENTHOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.06 Racemic dl-menthol Free No change No change On or before 12/ (intermediate (E) 31/2001 for use in producing menthol) (CAS No. 15356-70-4) (provided for in subheading 2906.11.00)...... SEC. 2103. 2,4-DICHLORO-5-HYDRAZINOPHENOL MONOHY- DROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.28 2,4-Dichloro-5- Free No change No change On or before 12/ hydrazinophenol 31/2001 ''. monohy- drochloride (CAS No. 189573-21-5) (provided for in subheading 2928.00.25)...... SEC. 2104. ACM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.95 Phosphinic acid, Free No change No change On or before 12/ [3-(acetyloxy)-3- 31/2001 ''. cyanopropyl]methy l-, butyl ester (CAS No. 167004- 78-6) (provided for in subheading 2931.00.90)...... SEC. 2105. CERTAIN SNOWBOARD BOOTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.64.04 Snowboard boots Free No change No change On or before 12/ with uppers of 31/2001 ''. textile materials (provided for in subheading 6404.11.90)...... SEC. 2106. ETHOFUMESATE SINGULARLY OR IN MIXTURE WITH APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.12 2-Ethoxy-2,3- Free No change No change On or before 12/ dihydro-3,3- 31/2001 ''. dimethyl-5- benzofuranyl- methanesulfonate (ethofumesate) singularly or in mixture with application adjuvants (CAS No. 26225-79-6) (provided for in subheading 2932.99.08 or 3808.30.15)...... SEC. 2107. 3-METHOXYCARBONYLAMINOPHENYL-3'-METHYL-CARBANILATE (PHENMEDIPHAM). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.13 3- Free No change No change On or before 12/ Methoxycarbonylam 31/2001 ''. ino- phenyl-3- methylcarbanilate (phenmedipham) (CAS No. 13684-63- 4) (provided for in subheading 2924.29.47)...... SEC. 2108. 3-ETHOXYCARBONYLAMINOPHENYL-N-PHENYL-CARBAMATE (DESMEDIPHAM). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.14 3- Free No change No change On or before 12/ Ethoxycarbonylami 31/2001 ''. no-phenyl-N- phenylcarbamate (desmedipham) (CAS No. 13684-56- 5) (provided for in subheading 2924.29.41)...... SEC. 2109. 2-AMINO-4-(4-AMINOBENZOYLAMINO)BENZENE-SULFONIC ACID, SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.91 2-Amino-4-(4- Free No change No change On or before 12/ aminobenzoyl- 31/2001 ''. amino) benzenesulfonic acid, sodium salt (CAS No. 167614- 37-1) (provided for in subheading 2930.90.29)...... SEC. 2110. 5-AMINO-N-(2-HYDROXYETHYL)-2,3-XYLENESUL- FONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.31 5-Amino-N-(2- Free No change No change On or before 12/ hydroxyethyl)-2,3- 31/2001 ''. xylenesulfonamide (CAS No. 25797-78- 8) (provided for in subheading 2935.00.95)...... SEC. 2111. 3-AMINO-2'-(SULFATOETHYLSULFONYL) ETHYL BENZAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.90 3-Amino-2- Free No change No change On or before 12/ (sulfatoethylsulf 31/2001 ''. onyl) ethyl benzamide (CAS No. 121315-20-6) (provided for in subheading 2930.90.29)...... SEC. 2112. 4-CHLORO-3-NITROBENZENESULFONIC ACID, MONOPOTASSIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.92 4-Chloro-3- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid, monopotassium salt (CAS No. 6671-49-4) (provided for in subheading 2904.90.47)...... SEC. 2113. 2-AMINO-5-NITROTHIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.46 2-Amino-5- Free No change No change On or before 12/ nitrothiazole 31/2001 ''. (CAS No. 121-66- 4) (provided for in subheading 2934.10.90)...... SEC. 2114. 4-CHLORO-3-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.04 4-Chloro-3- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid (CAS No. 121-18-6) (provided for in subheading 2904.90.47)...... SEC. 2115. 6-AMINO-1,3-NAPHTHALENEDISULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.21 6-Amino-1,3- Free No change No change On or before 12/ naphthalenedisulf 31/2001 ''. onic acid (CAS No. 118-33-2) (provided for in subheading 2921.45.90)...... SEC. 2116. 4-CHLORO-3-NITROBENZENESULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.24 4-Chloro-3- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid, monosodium salt (CAS No. 17691-19- 9) (provided for in subheading 2904.90.40)...... SEC. 2117. 2-METHYL-5-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.23 2-Methyl-5- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid (CAS No. 121-03-9) (provided for in subheading 2904.90.20)...... SEC. 2118. 6-AMINO-1,3-NAPHTHALENEDISULFONIC ACID, DISODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.45 6-Amino-1,3- Free No change No change On or before 12/ naphthalenedisulf 31/2001 ''. onic acid, disodium salt (CAS No. 50976-35- 7) (provided for in subheading 2921.45.90)...... SEC. 2119. 2-AMINO-P-CRESOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.20 2-Amino-p-cresol Free No change No change On or before 12/ (CAS No. 95-84-1) 31/2001 ''. (provided for in subheading 2922.29.10)...... SEC. 2120. 6-BROMO-2,4-DINITROANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.43 6-Bromo-2,4- Free No change No change On or before 12/ dinitroaniline 31/2001 ''. (CAS No. 1817-73- 8) (provided for in subheading 2921.42.90)...... SEC. 2121. 7-ACETYLAMINO-4-HYDROXY-2-NAPHTHALENE-SULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.29 7-Acetylamino-4- Free No change No change On or before 12/ hydroxy-2- 31/2001 ''. naphthalenesulfon ic acid, monosodium salt (CAS No. 42360-29- 2) (provided for in subheading 2924.29.70)...... SEC. 2122. TANNIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.01 Tannic acid (CAS Free No change No change On or before 12/ No. 1401-55-4) 31/2001 ''. (provided for in subheading 3201.90.10)...... SEC. 2123. 2-AMINO-5-NITROBENZENESULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.53 2-Amino-5- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid, monosodium salt (CAS No. 30693-53- 9) (provided for in subheading 2921.42.90)...... SEC. 2124. 2-AMINO-5-NITROBENZENESULFONIC ACID, MONOAMMONIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.44 2-Amino-5- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid, monoammonium salt (CAS No. 4346-51- 4) (provided for in subheading 2921.42.90)...... SEC. 2125. 2-AMINO-5-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.54 2-Amino-5- Free No change No change On or before 12/ nitrobenzenesulfo 31/2001 ''. nic acid (CAS No. 96-75-3) (provided for in subheading 2921.42.90)...... SEC. 2126. 3-(4,5-DIHYDRO-3-METHYL-5-OXO-1H-PYRAZOL-1- YL)BENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.19 3-(4,5-Dihydro-3- Free No change No change On or before 12/ methyl-5-oxo-1H- 31/2001 ''. pyrazol-1- yl)benzenesulfoni c acid (CAS No. 119-17-5) (provided for in subheading 2933.19.43)...... SEC. 2127. 4-BENZOYLAMINO-5-HYDROXY-2,7-NAPHTHA- LENEDISULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.65 4-Benzoylamino-5- Free No change No change On or before 12/ hydroxy-2,7- 31/2001 ''. naphthalenedisulf onic acid (CAS No. 117-46-4) (provided for in subheading 2924.29.75)...... SEC. 2128. 4-BENZOYLAMINO-5-HYDROXY-2,7-NAPHTHA- LENEDISULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.72 4-Benzoylamino-5- Free No change No change On or before 12/ hydroxy-2,7- 31/2001 ''. naphthalenedisulf onic acid, monosodium salt (CAS No. 79873-39- 5) (provided for in subheading 2924.29.70)...... SEC. 2129. PIGMENT YELLOW 154. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.18 Pigment Yellow 154 Free No change No change On or before 12/ (CAS No. 068134- 31/2002 ''. 22-5) (provided for in subheading 3204.17.60)...... SEC. 2130. PIGMENT YELLOW 175. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.19 Pigment Yellow 175 Free No change No change On or before 12/ (CAS No. 035636- 31/2002 ''. 63-6) (provided for in subheading 3204.17.60) to be used in the coloring of motor vehicles and tractors......... SEC. 2131. PIGMENT RED 187. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following heading: `` 9902.32.22 Pigment Red 187 Free No change No change On or before 12/ (CAS No. 59487-23- 31/2002 ''. 9) (provided for in subheading 3204.17.60)...... SEC. 2132. 2,6-DIMETHYL-M-DIOXAN-4-OL ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.94 2,6-Dimethyl-m- Free No change No change On or before 12/ dioxan-4-ol 31/2001 ''. acetate (CAS No. 000828-00-2) (provided for in subheading 2932.99.90)...... SEC. 2133. <greek-B>-BROMO-<greek-B>-NITROSTYRENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.92 <greek-b>-Bromo- Free No change No change On or before 12/ <greek-b>- 31/2001 ''. nitrostyrene (CAS No. 7166-19-0) (provided for in subheading 2904.90.47)...... SEC. 2134. TEXTILE MACHINERY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.84.43 Ink-jet textile Free No change No change On or before 12/ printing 31/2001 ''. machinery (provided for in subheading 8443.51.10)...... SEC. 2135. DELTAMETHRIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.18 (S)-<greek-a>- Free No change No change On or before 12/ Cyano-3- 31/2001 ''. phenoxybenzyl (1R,3R)-3-(2,2- dibromovinyl)-2,2- dimethylcycloprop anecarboxylate (deltamethrin) in bulk or in forms or packings for retail sale (CAS No. 52918-63-5) (provided for in subheading 2926.90.30 or 3808.10.25)...... SEC. 2136. DICLOFOP-METHYL. Subchapter II of chapter 99 is amended by striking heading 9902.30.16 and inserting the following: `` 9902.30.16 Methyl 2-[4-(2,4- Free No change No change On or before 12/ dichlorophenoxy)p 31/2001 ''. henoxy] propionate (diclofop-methyl) in bulk or in forms or packages for retail sale containing no other pesticide products (CAS No. 51338-27-3) (provided for in subheading 2918.90.20 or 3808.30.15)...... SEC. 2137. RESMETHRIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.29 ([5-(Phenylmethyl)- Free No change No change On or before 12/ 3-furanyl] methyl 31/2001 ''. 2,2-dimethyl-3-(2- methyl-1- propenyl) cyclopropanecarbo xylate (resmethrin) (CAS No. 10453-86-8) (provided for in subheading 2932.19.10)...... SEC. 2138. N-PHENYL-N'-1,2,3-THIADIAZOL-5-YLUREA. Subchapter II of chapter 99 is amended by striking heading 9902.30.17 and inserting the following: `` 9902.30.17 N-phenyl-N-1,2,3- Free No change No change On or before 12/ thiadiazol-5- 31/2001 ''. ylurea (thidiazuron) in bulk or in forms or packages for retail sale (CAS No. 51707-55-2) (provided for in subheading 2934.90.15 or 3808.30.15)...... SEC. 2139. (1R,3S)3[(1'RS)(1',2',2',2',-TETRABROMOETHYL)]-2,2- DIMETHYLCYCLOPROPANECARBOXYLIC ACID, (S)-<greek-A>-CYANO- 3-PHENOXYBENZYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.19 (1R,3S)3[(1RS)(1,2 Free No change No change On or before 12/ ,2,2,- 31/2001 ''. Tetrabromoethyl)]- 2,2- dimethylcycloprop anecarboxylic acid, (S)-<greek- a>-cyano-3- phenoxybenzyl ester in bulk or in forms or packages for retail sale (CAS No. 66841-25-6) (provided for in subheading 2926.90.30 or 3808.10.25)...... SEC. 2140. PIGMENT RED 177. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.30.58 Pigment Red 177 Free No change No change On or before 12/ (CAS No. 4051-63- 31/2001 ''. 2) (provided for in subheading 3204.17.04)...... SEC. 2141. TEXTILE PRINTING MACHINERY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.84.20 Textile printing Free No change No change On or before 12/ machinery 31/2001 ''. (provided for in subheading 8443.59.10)...... SEC. 2142. SUBSTRATES OF SYNTHETIC QUARTZ OR SYNTHETIC FUSED SILICA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.70.06 Substrates of Free No change No change On or before 12/ synthetic quartz 31/2001 ''. or synthetic fused silica imported in bulk or in forms or packages for retail sale (provided for in subheading 7006.00.40)...... SEC. 2143. 2-METHYL-4,6-BIS[(OCTYLTHIO)METHYL]PHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.14 2-Methyl-4,6- Free No change No change On or before 12/ bis[(octylthio)me 31/2001 ''. thyl]phenol (CAS No. 110553-27-0) (provided for in subheading 2930.90.29)...... SEC. 2144. 2-METHYL-4,6-BIS[(OCTYLTHIO)METHYL]PHENOL; EPOXIDIZED TRIGLYCERIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.12 2-Methyl-4,6- Free No change No change On or before 12/ bis[(octylthio)me 31/2001 ''. thyl]phenol; epoxidized triglyceride (provided for in subheading 3812.30.60)...... SEC. 2145. 4-[[4,6-BIS(OCTYLTHIO)-1,3,5-TRIAZIN-2-YL]AMINO] -2,6- BIS(1,1-DIMETHYLETHYL)PHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.30 4-[[4,6- Free No change No change On or before 12/ Bis(octylthio)- 31/2001 ''. 1,3,5-triazin-2- yl]amino]-2,6- bis(1,1- dimethylethyl)phe nol (CAS No. 991- 84-4) (provided for in subheading 2933.69.60)...... SEC. 2146. (2-BENZOTHIAZOLYLTHIO)BUTANEDIOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.31 (2- Free No change No change On or before 12/ Benzothiazolylthi 31/2001 ''. o)butane-dioic acid (CAS No. 95154-01-1) (provided for in subheading 2934.20.40)...... SEC. 2147. CALCIUM BIS[MONOETHYL(3,5-DI-TERT-BUTYL-4-HYDROXYBENZYL) PHOSPHONATE]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.16 Calcium Free No change No change On or before 12/ bis[monoethyl(3,5- 31/2001 di-tert-butyl-4- hydroxybenzyl) phosphonate] (CAS No. 65140-91-2) (provided for in subheading 2931.00.30)...... SEC. 2148. 4-METHYL-<greek-G>-OXO-BENZENEBUTANOIC ACID COMPOUNDED WITH 4-ETHYLMORPHOLINE (2:1). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.26 4-Methyl-<greek-g>- Free No change No change On or before 12/ oxo- 31/2001 ''. benzenebutanoic acid compounded with 4- ethylmorpholine (2:1) (CAS No. 171054-89-0) (provided for in subheading 3824.90.28)...... SEC. 2149. WEAVING MACHINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.84.46 Weaving machines 3.3% No change No change On or before 12/ (looms), 31/2001 ''. shuttleless type, for weaving fabrics of a width exceeding 30 cm but not exceeding 4.9 m (provided for in subheading 8446.30.50), entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames, or beams......... SEC. 2150. CERTAIN WEAVING MACHINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.84.10 Power weaving Free No change No change On or before 12/ ' machines (looms), 31/2001 '. shuttle type, for weaving fabrics of a width exceeding 30 cm but not exceeding 4.9m (provided for in subheading 8446.21.50), if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams............ SEC. 2151. DEMT. Subchapter II of chapter 99 is amended by striking heading 9902.32.12 and inserting the following: `` 9902.32.12 N,N-Diethyl-m- Free No change No change On or before 12/ toluidine (DEMT) 31/2001 ''. (CAS No. 91-67-8) (provided for in subheading 2921.43.80)...... SEC. 2152. BENZENEPROPANAL, 4-(1,1-DIMETHYLETHYL)-ALPHA-METHYL-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.57 Benzenepropanal, 4- 6% No change No change On or before 12/ (1,1- 31/2001 ''. dimethylethyl)- alpha-methyl- (CAS No. 80-54-6) (provided for in subheading 2912.29.60)...... SEC. 2153. 2H-3,1-BENZOXAZIN-2-ONE, 6-CHLORO-4-(CYCLO-PROPYLETHYNYL)- 1,4-DIHYDRO-4-(TRIFLUOROMETHYL)-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.56 2H-3,1-Benzoxazin- Free No change No change On or before 12/ 2-one, 6-chloro-4- 31/2001 ''. (cyclopropylethyn yl)-1,4-dihydro-4- (trifluoromethyl)- (CAS No. 154598- 52-4) (provided for in subheading 2934.90.30)...... SEC. 2154. TEBUFENOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.32 N-tert-Butyl-N'-(4- Free No change No change On or before 12/ ethylbenzoyl)-3,5- 31/2001 ''. Dimethylbenzoylhy drazide (Tebufenozide) (CAS No. 112410- 23-8) (provided for in subheading 2928.00.25)...... SEC. 2155. HALOFENOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.36 Benzoic acid, 4- Free No change No change On or before 12/ chloro-2-benzoyl- 31/2001 ''. 2-(1,1- dimethylethyl) hydrazide (Halofenozide) (CAS No. 112226- 61-6) (provided for in subheading 2928.00.25)...... SEC. 2156. CERTAIN ORGANIC PIGMENTS AND DYES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.07 Organic Free No change No change On or before 12/ luminescent 31/2001 ''. pigments and dyes for security applications excluding daylight fluorescent pigments and dyes (provided for in subheading 3204.90.00)...... SEC. 2157. 4-HEXYLRESORCINOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.07 4-Hexylresorcinol Free No change No change On or before 12/ (CAS No. 136-77- 31/2001 ''. 6) (provided for in subheading 2907.29.90)...... SEC. 2158. CERTAIN SENSITIZING DYES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.37 Polymethine photo- Free No change No change On or before 12/ sensitizing dyes 31/2001 ''. (provided for in subheadings 2933.19.30, 2933.19.90, 2933.90.24, 2934.10.90, 2934.20.40, 2934.90.20, and 2934.90.90)...... SEC. 2159. SKATING BOOTS FOR USE IN THE MANUFACTURE OF IN-LINE ROLLER SKATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.64.05 Boots for use in Free No change No change On or before 12/ ' the manufacture 31/2001 '. of in-line roller skates (provided for in subheadings 6402.19.90, 6403.19.40, 6403.19.70, and 6404.11.90)...... SEC. 2160. DIBUTYLNAPHTHALENESULFONIC ACID, SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.34.02 Surface active Free No change No change On or before 12/ preparation 31/2001 ''. containing 30 percent or more by weight of dibutylnaphthalen esulfonic acid, sodium salt (CAS No. 25638-17-9) (provided for in subheading 3402.90.30)...... SEC. 2161. O-(6-CHLORO-3-PHENYL-4-PYRIDAZINYL)-S-OCTYLCARBONOTHIOATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.08 O-(6-Chloro-3- Free No change No change On or before 12/ phenyl-4- 31/2001 ''. pyridazinyl)-S- octyl- carbonothioate (CAS No. 55512-33- 9) (provided for in subheading 3808.30.15)...... SEC. 2162. 4-CYCLOPROPYL-6-METHYL-2-PHENYLAMINOPY-RIMIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.50 4-Cyclopropyl-6- Free No change No change On or before 12/ methyl-2- 31/2001 ''. phenylaminopyrimi dine (CAS No. 121552-61-2) (provided for in subheading 2933.59.15)...... SEC. 2163. O,O-DIMETHYL-S-[5-METHOXY-2-OXO-1,3,4-THIADI-AZOL-3(2H)-YL- METHYL]DITHIOPHOSPHATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.51 O,O-Dimethyl-S-[5- Free No change No change On or before 12/ methoxy-2-oxo- 31/2001 ''. 1,3,4-thiadiazol- 3(2H)-yl- methyl]dithiophos phate (CAS No. 950-37-8) (provided for in subheading 2934.90.90)...... SEC. 2164. ETHYL [2-(4-PHENOXY-PHENOXY) ETHYL] CARBAMATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.52 Ethyl [2-(4- Free No change No change On or before 12/ phenoxyphenoxy)- 31/2001 ''. ethyl]carbamate (CAS No. 79127-80- 3) (provided for in subheading 2924.10.80)...... SEC. 2165. [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)]-1-[2-[4-(4-CHLORO- PHENOXY)-2-CHLOROPHENYL]-4-METHYL-1,3-DIOXOLAN-2- YLMETHYL]-1H-1,2,4-TRIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.74 [(2S,4R)/(2R,4S)]/ Free No change No change On or before 12/ [(2R,4R)/ 31/2001 ''. (2S,4S)]-1-[2-[4- (4-Chloro- phenoxy)-2- chlorophenyl]-4- methyl-1,3- dioxolan-2-yl- methyl]-1H-1,2,4- triazole (CAS No. 119446-68-3) (provided for in subheading 2934.90.12)...... SEC. 2166. 2,4-DICHLORO-3,5-DINITROBENZOTRIFLUORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.12 2,4-Dichloro-3,5- Free No change No change On or before 12/ dinitrobenzotrifl 31/2001 ''. uoride (CAS No. 29091-09-6) (provided for in subheading 2910.90.20)...... SEC. 2167. 2-CHLORO-N-[2,6-DINITRO-4-(TRIFLUOROMETHYL) PHENYL]-N-ETHYL- 6-FLUOROBENZENEMETHANAMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.15 2-Chloro-N-[2,6- Free No change No change On or before 12/ dinitro-4- 31/2001 ''. (trifluoromethyl) phenyl]-N-ethyl-6- fluorobenzenemeth anamine (CAS No. 62924-70-3) (provided for in subheading 2921.49.45)...... SEC. 2168. CHLOROACETONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.11 Chloroacetone (CAS Free No change No change On or before 12/ No. 78-95-5) 31/2001 ''. (provided for in subheading 2914.19.00)...... SEC. 2169. ACETIC ACID, [(5-CHLORO-8-QUINOLINYL)OXY]-, 1-METHYLHEXYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.60 Acetic acid, [(5- Free No change No change On or before chloro-8- 12/31/2001 ''. quinolinyl)oxy]-, 1-methylhexyl ester (CAS No. 99607-70-2) (provided for in subheading 2933.40.30)...... SEC. 2170. PROPANOIC ACID, 2-[4-[(5-CHLORO-3-FLUORO-2- PYRIDINYL)OXY]PHENOXY]-, 2-PROPYNYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.19 Propanoic acid, 2- Free No change No change On or before 12/ [4-[(5-chloro-3- 31/2001 ''. fluoro-2- pyridinyl)oxy]phe noxy]-, 2- propynyl ester (CAS No. 105512- 06-9) (provided for in subheading 2933.39.25)...... SEC. 2171. MUCOCHLORIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.18 Mucochloric acid Free No change No change On or before 12/ (CAS No. 87-56-9) 31/2001 ''. (provided for in subheading 2918.30.90)...... SEC. 2172. CERTAIN ROCKET ENGINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.84.12 Dual thrust Free No change No change On or before 12/ chamber rocket 31/2001 ''. engines each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127 cm (provided for in subheading 8412.10.00)...... SEC. 2173. PIGMENT RED 144. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.11 Pigment Red 144 Free No change No change On or before 12/ (CAS No. 5280-78- 31/2001 ''. 4) (provided for in subheading 3204.17.04)...... SEC. 2174. (S)-N-[[5-[2-(2-AMINO-4,6,7,8-TETRAHYDRO-4-OXO-1H- PYRIMIDO[5,4-B] [1,4]THIAZIN-6-YL)ETHYL]-2- THIENYL]CARBONYL]-L-GLUTAMIC ACID, DIETHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.33 (S)-N-[[5-[2-(2- Free No change No change On or before 12/ Amino-4,6,7,8- 31/2001 ''. tetrahydro-4-oxo- 1H-pyrimido[5,4- b] [1,4]thiazin-6- yl)ethyl]-2- thienyl]carbonyl]- L-glutamic acid, diethyl ester (CAS No. 177575- 19-8) (provided for in subheading 2934.90.90)...... SEC. 2175. 4-CHLOROPYRIDINE HYDROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.34 4-Chloropyridine Free No change No change On or before 12/ hydrochloride 31/2001 ''. (CAS No. 7379-35- 3) (provided for in subheading 2933.39.61)...... SEC. 2176. 4-PHENOXYPYRIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.35 4-Phenoxypyridine Free No change No change On or before 12/ (CAS No. 4783-86- 31/2001 ''. 2) (provided for in subheading 2933.39.61)...... SEC. 2177. (3S)-2,2-DIMETHYL-3-THIOMORPHOLINE CARBOXYLIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.36 (3S)-2,2-Dimethyl- Free No Change No Change On or before 12/ '' 3-thiomorpholine 31/2001 . carboxylic acid (CAS No. 84915-43- 5) (provided for in subheading 2934.90.90)...... SEC. 2178. 2-AMINO-5-BROMO-6-METHYL-4-(1H)-QUINAZOLI-NONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.37 2-Amino-5-bromo-6- Free No Change No Change On or before 12/ '' methyl-4-(1H)- 31/2001 . quinazolinone (CAS No. 147149- 89-1) (provided for in subheading 2933.59.70)...... SEC. 2179. 2-AMINO-6-METHYL-5-(4-PYRIDINYLTHIO)-4(1H)-QUINAZOLINONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.38 2-Amino-6-methyl-5- Free No Change No Change On or before 12/ '' (4-pyridinylthio)- 31/2001 . 4(1H)- quinazolinone (CAS No. 147149- 76-6) (provided for in subheading 2933.59.70)...... SEC. 2180. (S)-N-[[5-[2-(2-AMINO-4,6,7,8-TETRAHYDRO-4-OXO-1H- PYRIMIDO[5,4-B][1,4]THIAZIN-6-YL)ETHYL]-2- THIENYL]CARBONYL]-L-GLUTAMIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.39 (S)-N-[[5-[2-(2- Free No change No change On or before 12/ Amino-4,6,7,8- 31/2001 ''. tetrahydro-4-oxo- 1H-pyrimido[5,4- b][1,4]thiazin-6- yl)ethyl]-2- thienyl]carbonyl]- L-glutamic acid (CAS No. 177575- 17-6) (provided for in subheading 2934.90.90)...... SEC. 2181. 2-AMINO-6-METHYL-5-(4-PYRIDINYLTHIO)-4-(1H)-QUINAZOLINONE DIHYDROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.40 2-Amino-6-methyl-5- Free No change No change On or before 12/ (4-pyridinylthio)- 31/2001 ''. 4-(1H)- quinazolinone dihydrochloride (CAS No. 152946- 68-4) (provided for in subheading 2933.59.70)...... SEC. 2182. 3-(ACETYLOXY)-2-METHYLBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.41 3-(Acetyloxy)-2- Free No change No change On or before 12/ methylbenzoic 31/2001 ''. acid (CAS No. 168899-58-9) (provided for in subheading 2918.29.65)...... SEC. 2183. [R-(R*,R*)]-1,2,3,4-BUTANETETROL-1,4-DIMETH- ANESULFONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.42 [R-(R*,R*)]- Free No change No change On or before 12/ 1,2,3,4- 31/2001 ''. Butanetetrol-1,4- dimethanesulfonat e (CAS No. 1947- 62-2) (provided for in subheading 2905.49.50)...... SEC. 2184. 9-[2-[[BIS[(PIVALOYLOXY)METHOXY]PHOS- PHINYL]METHOXY] ETHYL]ADENINE (ALSO KNOWN AS ADEFOVIR DIPIVOXIL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.01 9-[2- Free No change No change On or before 12/ [[Bis[(pivaloylox 31/2001 ''. y)- methoxy]phosphiny l]- methoxy] ethyl]adenine (also known as Adefovir Dipivoxil) (CAS No. 142340-99-6) (provided for in subheading 2933.59.95)...... SEC. 2185. 9-[2-(R)-[[BIS[(ISOPROPOXYCARBONYL)OXY- METHOXY]- PHOSPHINOYL]METHOXY]-PROPYL]ADENINE FUMARATE (1:1). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.02 9-[2-(R)- Free No change No change On or before 12/ [[Bis[(isopropoxy- 31/2001 ''. carbonyl)oxymet hoxy]- phosphinoyl]metho xy]- propyl]adenine fumarate (1:1) (CAS No. 202138- 50-9) (provided for in subheading 2933.59.95)...... SEC. 2186. (R)-9-(2-PHOSPHONOMETHOXYPROPYL)ADE- NINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.03 (R)-9-(2-Phosphono- Free No change No change On or before 12/ methoxypropyl)a 31/2001 ''. denine (CAS No. 147127-20-6) (provided for in subheading 2933.59.95)...... SEC. 2187. (R)-1,3-DIOXOLAN-2-ONE, 4-METHYL-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.04 (R)-1,3-Dioxolan-2- Free No change No change On or before 12/ one, 4-methyl- 31/2001 ''. (CAS No. 16606-55- 6) (provided for in subheading 2920.90.50)...... SEC. 2188. 9-(2-HYDROXYETHYL)ADENINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.05 9-(2- Free No change No change On or before 12/ Hydroxyethyl)aden 31/2001 ''. ine (CAS No. 707- 99-3) (provided for in subheading 2933.59.95)...... SEC. 2189. (R)-9H-PURINE-9-ETHANOL, 6-AMINO-<greek-A>-METHYL-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.06 (R)-9H-Purine-9- Free No change No change On or before 12/ ethanol, 6-amino- 31/2001 ''. <greek-a>-methyl- (CAS No. 14047-28- 0) (provided for in subheading 2933.59.95)...... SEC. 2190. CHLOROMETHYL-2-PROPYL CARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.07 Chloromethyl-2- Free No change No change On or before 12/ propyl carbonate 31/2001 ''. (CAS No. 35180-01- 9) (provided for in subheading 2920.90.50)...... SEC. 2191. (R)-1,2-PROPANEDIOL, 3-CHLORO-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.08 (R)-1,2- Free No change No change On or before 12/ Propanediol, 3- 31/2001 ''. chloro- (CAS No. 57090-45-6) (provided for in subheading 2905.50.60)...... SEC. 2192. OXIRANE, (S)-((TRIPHENYLMETHOXY)METHYL)-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.09 Oxirane, (S)- Free No change No change On or before 12/ ((triphenylmethox 31/2001 ''. y)methyl)- (CAS No. 129940-50-7) (provided for in subheading 2910.90.20)...... SEC. 2193. CHLOROMETHYL PIVALATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.10 Chloromethyl Free No change No change On or before 12/ pivalate (CAS No. 31/2001 ''. 18997-19-8) (provided for in subheading 2915.90.50)...... SEC. 2194. DIETHYL (((P-TOLUENESULFONYL)OXY)- METHYL)PHOSPHONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.11 Diethyl (((p- Free No change No change On or before 12/ toluenesulfonyl)o 31/2001 ''. xy)- methyl)phosphonat e (CAS No. 31618- 90-3) (provided for in subheading 2931.00.30)...... SEC. 2195. BETA HYDROXYALKYLAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.25 N,N,N',N'-Tetrakis- Free No change No change On or before 12/ ' (2-hydroxyethyl)- 31/2001 '. hexane diamide (beta hydroxyalkylamide ) (CAS No. 6334- 25-4) (provided for in subheading 3824.90.90)...... SEC. 2196. GRILAMID TR90. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.39.12 Dodecanedioic Free No change No change On or before 12/ acid, polymer 31/2001 '' with 4,4<SUP>1</SUP>- . methylenebis (2- methylcyclohexana mine) (CAS No. 163800-66-6) (provided for in subheading 3908.90.70)...... SEC. 2197. IN-W4280. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.51 2,4-Dichloro-5- Free No change No change On or before 12/ hydroxy- 31/2001 '' phenylhydrazine . (CAS No. 39807-21- 1) (provided for in subheading 2928.00.25)...... SEC. 2198. KL540. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.54 Methyl 4- Free No change No change On or before 12/ trifluoromethoxyp 31/2001 '' henyl-N- . (chlorocarbonyl) carbamate (CAS No. 173903-15-6) (provided for in subheading 2924.29.70)...... SEC. 2199. METHYL THIOGLYCOLATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.55 Methyl Free No change No change On or before 12/ thioglycolate 31/2001 '' (CAS No. 2365-48- . 2) (provided for in subheading 2930.90.90)...... SEC. 2200. DPX-E6758. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.59 Phenyl (4,6- Free No change No change On or before 12/ dimethoxy- 31/2001 '' pyrimidin-2-yl) . carbamate (CAS No. 89392-03-0) (provided for in subheading 2933.59.70)...... SEC. 2201. ETHYLENE, TETRAFLUORO COPOLYMER WITH ETHYLENE (ETFE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.68 Ethylene- 3.3% No change No change On or before 12/ tetrafluoro 31/2001 '' ethylene . copolymer (ETFE) (provided for in subheading 3904.69.50)...... SEC. 2202. 3-MERCAPTO-D-VALINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.66 3-Mercapto-D- Free No change No change On or before 12/ '' valine (CAS No. 31/2001 . 52-67-5) (provided for in subheading 2930.90.45)..... SEC. 2203. P-ETHYLPHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.21 p-Ethylphenol (CAS Free No change No change On or before 12/ No. 123-07-9) 31/2001 '' (provided for in . subheading 2907.19.20)...... SEC. 2204. PANTERA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.09 (+/-)- Free No change No change On or before 12/ Tetrahydrofurfury 31/2001 '' l (R)-2[4-(6- . chloroquinoxalin- 2-yloxy)phenoxy] propanoate (CAS No. 119738-06-6) (provided for in subheading 2909.30.40) and any mixtures containing such compound (provided for in subheading 3808.30)......... SEC. 2205. P-NITROBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.70 p-Nitrobenzoic Free No change No change On or before acid (CAS No. 62- 12/31/2001 '' 23-7) (provided . for in subheading 2916.39.45)..... SEC. 2206. P-TOLUENESULFONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.95 p- Free No change No change On or before 12/ Toluenesulfonamid 31/2001 '' e (CAS No. 70-55- . 3) (provided for in subheading 2935.00.95)...... SEC. 2207. POLYMERS OF TETRAFLUOROETHYLENE, HEXAFLUOROPROPYLENE, AND VINYLIDENE FLUORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.39.04 Polymers of Free No change No change On or before 12/ tetrafluoroethyle 31/2001 '' ne (provided for . in subheading 3904.61.00), hexafluoropropyle ne and vinylidene fluoride (provided for in subheading 3904.69.50)...... SEC. 2208. METHYL 2-[[[[[4-(DIMETHYLAMINO)-6-(2,2,2- TRI- FLUOROETHOXY)-1,3,5-TRIAZIN-2-YL]AMINO]- CARBONYL]AMINO]SULFONYL]-3-METHYL- BENZOATE (TRIFLUSULFURON METHYL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.11 Methyl 2-[[[[[4- Free No change No change On or before 12/ (dimethylamino)-6- 31/2001 '' (2,2,2- . trifluoroethoxy)- 1,3,5-triazin-2- yl]amino]carbonyl ]- amino]sulfonyl]-3- methylbenzoate (triflusulfuron methyl) in mixture with application adjuvants. (CAS No. 126535-15-7) (provided for in subheading 3808.30.15)...... SEC. 2209. CERTAIN MANUFACTURING EQUIPMENT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.84.79 Calendaring or Free No change No change On or before 12/ ' other rolling 31/2001 '. machines for rubber to be used in the production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8420.10.90, 8420.91.90 or 8420.99.90) and material holding devices or similar attachments thereto.......... 9902.84.81 Shearing machines Free No change No change On or before 12/ ' to be used to cut 31/2001 '. metallic tissue for use in the production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8462.31.00 or subheading 8466.94.85)...... 9902.84.83 Machine tools for Free No change No change On or before 12/ ' working wire of 31/2001 '. iron or steel to be used in the production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8463.30.00 or 8466.94.85)...... 9902.84.85 Extruders to be Free No change No change On or before 12/ ' used in the 31/2001 '. production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8477.20.00 or 8477.90.85)...... 9902.84.87 Machinery for Free No change No change On or before 12/ ' molding, 31/2001 '. retreading, or otherwise forming uncured, unvulcanized rubber to be used in the production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or 8477.90.85)...... 9902.84.89 Sector mold press Free No change No change On or before 12/ ' machines to be 31/2001 '. used in the production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 8477.90.85)...... 9902.84.91 Sawing machines to Free No change No change On or before 12/ ' be used in the 31/2001 '. production of radial tires designed for off- the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8465.91.00 or subheading 8466.92.50)...... SEC. 2210. TEXTURED ROLLED GLASS SHEETS. Subchapter II of chapter 99 is amended by striking heading 9902.70.03 and inserting the following: `` 9902.70.03 Rolled glass in Free No change No change On or before 12/ sheets, yellow- 31/2001 '' green in color, . not finished or edged-worked, textured on one surface, suitable for incorporation in cooking stoves, ranges, or ovens described in subheadings 8516.60.40 (provided for in subheading 7003.12.00 or 7003.19.00)...... SEC. 2211. CERTAIN HIV DRUG SUBSTANCES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.32.43 (S)-N-tert-Butyl- Free No change No change On or before 6/ 1,2,3,4- 30/99 tetrahydro-3- isoquinoline carboxamide hydrochloride salt (CAS No. 149057-17-0)(prov ided for in subheading 2933.40.60)...... 9902.32.44 (S)-N-tert-Butyl- Free No change No change On or before 6/ 1,2,3,4- 30/99 tetrahydro-3- isoquinoline carboxamide sulfate salt (CAS No. 186537-30- 4)(provided for in subheading 2933.40.60)...... 9902.32.45 (3S)-1,2,3,4- Free No change No change On or before 6/ Tetrahydroisoquin 30/99 ''. oline-3- carboxylic acid (CAS No. 74163-81- 8)(provided for in subheading 2933.40.60)...... SEC. 2212. RIMSULFURON. (a) In General.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.60 N-[[(4,6-Dimethoxy- 7.3% No change No change On or before 12/ 2- 31/99 ''. pyrimidinyl)amino ] carbonyl]-3- (ethylsulfonyl)-2- pyridinesulfonami de (CAS No. 122931-48-0) (provided for in subheading 2935.00.75)...... (b) Rate Adjustment for 2000.--Heading 9902.33.60, as added by subsection (a), is amended-- (1) by striking ``7.3%'' and inserting ``Free''; and (2) by striking ``12/31/99'' and inserting ``12/31/2000''. (c) Effective Date for Adjustment.--The amendments made by subsection (b) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1999. SEC. 2213. CARBAMIC ACID (V-9069). (a) In General.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.61 ((3- 8.3% No change No change On or before 12/ ((Dimethylamino)c 31/99 arbonyl)-2- pyridinyl)sulfony l) carbamic acid, phenyl ester (CAS No. 112006-94-7) (provided for in subheading 2935.00.75)...... (b) Rate Adjustment for 2000.--Heading 9902.33.61, as added by subsection (a), is amended-- (1) by striking ``8.3%'' and inserting ``7.6%''; and (2) by striking ``12/31/99'' and inserting ``12/31/2000''. (c) Effective Date for Adjustment.--The amendments made by subsection (b) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1999. SEC. 2214. DPX-E9260. (a) In General.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.63 3-(Ethylsulfonyl)- 6% No change No change On or before 12/ 2- 31/99 pyridinesulfonami de (CAS No. 117671-01-9) (provided for in subheading 2935.00.75)...... (b) Rate Adjustment for 2000.--Heading 9902.33.63, as added by subsection (a), is amended-- (1) by striking ``6%'' and inserting ``5.3%''; and (2) by striking ``12/31/99'' and inserting ``12/31/2000''. (c) Effective Date for Adjustment.--The amendments made by subsection (b) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1999. SEC. 2215. ZIRAM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.28 Ziram (provided Free No change No change On or before 12/ '' for in 31/2001 . subheading 3808.20.28).... SEC. 2216. FERROBORON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.72.02 Ferroboron to be Free No change No change On or before 12/ used for 31/2001 manufacturing amorphous metal strip (provided for in subheading 7202.99.50).... SEC. 2217. ACETIC ACID, [[2-CHLORO-4-FLUORO-5-[(TETRA- HYDRO-3-OXO- 1H,3H-[1,3,4]THIADIAZOLO[3,4-A]PYRIDAZIN-1- YLIDENE)AMINO]PHENYL]- THIO]-, METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.66 Acetic acid, [[2- Free No change No change On or before 12/ chloro-4-fluoro-5- 31/2001 ''. [(tetrahydro-3- oxo-1H,3H- [1,3,4]thiadiazol o- [3,4- a]pyridazin-1- ylidene)amino]phe nyl]thio]-, methyl ester (CAS No. 117337-19-6) (provided for in subheading 2934.90.15)...... SEC. 2218. PENTYL[2-CHLORO-5-(CYCLOHEX-1-ENE-1,2-DI- CARBOXIMIDO)-4- FLUOROPHENOXY]ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.66 Pentyl[2-chloro-5- Free No change No change On or before 12/ (cyclohex-1-ene- 31/2001 ''. 1,2- dicarboximido)-4- fluorophenoxy]ace tate (CAS No. 87546-18-7) (provided for in subheading 2925.19.40)...... SEC. 2219. BENTAZON (3-ISOPROPYL)-1H-2,1,3-BENZO-THIADIAZIN-4(3H)-ONE- 2,2-DIOXIDE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.67 Bentazon (3- 5.0% No change No change On or before 12/ Isopropyl)-1H- 31/2001 ''. 2,1,3- benzothiadiazin- 4(3H)-one-2,2- dioxide) (CAS No. 50723-80-3) (provided for in subheading 2934.90.11)...... SEC. 2220. CERTAIN HIGH-PERFORMANCE LOUDSPEAKERS NOT MOUNTED IN THEIR ENCLOSURES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.85.20 Loudspeakers not Free No change No change On or before 12/ mounted in their 31/2001 ''. enclosures (provided for in subheading 8518.29.80), the foregoing which meet a performance standard of not more than 1.5 dB for the average level of 3 or more octave bands, when such loudspeakers are tested in a reverberant chamber.......... SEC. 2221. PARTS FOR USE IN THE MANUFACTURE OF CERTAIN HIGH-PERFORMANCE LOUDSPEAKERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.85.21 Parts for use in Free No change No change On or before 12/ the manufacture 31/2001 ''. of loudspeakers of a type described in subheading 9902.85.20 (provided for in subheading 8518.90.80)...... SEC. 2222. 5-TERT-BUTYL-ISOPHTHALIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.12 5-tert-Butyl-iso- Free No change No change On or before 12/ phthalic acid 31/2001 '' (CAS No. 2359- . 09-3) (provided for in subheading 2917.39.70).... SEC. 2223. CERTAIN POLYMER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.39.07 A polymer of the Free No change No change On or before following 12/31/2001 '' monomers: 1,4- . benzenedicarboxy lic acid, dimethyl ester (dimethyl terephthalate) (CAS No. 120-61- 6); 1,3- Benzenedicarboxy lic acid, 5- sulfo-, 1,3- dimethyl ester, sodium salt (sodium dimethyl sulfoisophthalat e) (CAS No. 3965- 55-7); 1,2- ethanediol (ethylene glycol) (CAS No. 107-21-1); and 1,2-propanediol (propylene glycol) (CAS No. 57-55-6); with terminal units from 2-(2- hydroxyethoxy) ethanesulfonic acid, sodium salt (CAS No. 53211-00-0) (provided for in subheading 3907.99.00)..... SEC. 2224. 2-(4-CHLOROPHENYL)-3-ETHYL-2, 5-DIHYDRO-5-OXO-4-PYRIDAZINE CARBOXYLIC ACID, POTASSIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.33.16 2-(4-Chlorophenyl)- Free No change No change On or before 12/ 3-ethyl-2, 5- 31/2001 '' dihydro-5-oxo-4- . pyridazine carboxylic acid, potassium salt (CAS No. 82697-71- 0) (provided for in subheading 2933.90.79)...... SEC. 2225. PIGMENT RED 185. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following heading: `` 9902.32.26 Pigment Red 185 Free No change No change On or before 12/ (CAS No. 51920-12- 31/2002 ''. 8) (provided for in subheading 3204.17.04)...... SEC. 2226. PIGMENT RED 208. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.27 Pigment Red 208 Free No change No change On or before 12/ (CAS No. 31778-10- 31/2002 ''. 6) (provided for in subheading 3204.17.04)...... SEC. 2227. PIGMENT YELLOW 95. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.08 Pigment Yellow 95 Free No change No change On or before 12/ (CAS No. 5280-80- 31/2001 ''. 8) (provided for in subheading 3204.17.04)...... SEC. 2228. PIGMENT YELLOW 93. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.32.13 Pigment Yellow 93 Free No change No change On or before 12/ (CAS No. 5580-57- 31/2001 4) (provided for in subheading 3204.17.04)...... CHAPTER 3--EFFECTIVE DATE SEC. 2301. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in subsection (b) and in this subtitle, the amendments made by this subtitle apply to goods entered, or withdrawn from warehouse for consumption, after the date that is 15 days after the date of enactment of this Act. (b) Reliquidation.-- (1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper written request filed with the Customs Service not later than 120 days after the date of the enactment of this Act, any entry of an article described in heading 9902.32.18, 9902.32.19, 9902.32.22, 9902.32.26, or 9902.32.27 of the Harmonized Tariff Schedule of the United States (as added by sections 2129, 2130, 2131, 2225, and 2226, respectively) that was made-- (A) after December 31, 1996, and (B) before the date that is 15 days after the date of enactment of this Act, shall be liquidated or reliquidated as though such entry occurred after the date that is 15 days after the date of enactment of this Act. (2) Requirements for request.--For purposes of paragraph (1), the request shall contain sufficient information to enable the Customs Service to-- (A) locate the entry relevant to the request, or (B) if the entry cannot be located, reconstruct the entry. Subtitle B--Other Trade Provisions SEC. 2401. EXTENSION OF UNITED STATES INSULAR POSSESSION PROGRAM. (a) In General.--The additional U.S. notes to chapter 71 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following new note: ``3.(a) Notwithstanding any provision in additional U.S. note 5 to chapter 91, any article of jewelry provided for in heading 7113 which is the product of the Virgin Islands, Guam, or American Samoa (including any such article which contains any foreign component) shall be eligible for the benefits provided in paragraph (h) of additional U.S. note 5 to chapter 91, subject to the provisions and limitations of that note and of paragraphs (b), (c), and (d) of this note. ``(b) Nothing in this note shall result in an increase or a decrease in the aggregate amount referred to in paragraph (h)(iii) of, or the quantitative limitation otherwise established pursuant to the requirements of, additional U.S. note 5 to chapter 91. ``(c) Nothing in this note shall be construed to permit a reduction in the amount available to watch producers under paragraph (h)(iv) of additional U.S. note 5 to chapter 91. ``(d) The Secretary of Commerce and the Secretary of the Interior shall issue such regulations, not inconsistent with the provisions of this note and additional U.S. note 5 to chapter 91, as the Secretaries determine necessary to carry out their respective duties under this note. Such regulations shall not be inconsistent with substantial transformation requirements but may define the circumstances under which articles of jewelry shall be deemed to be `units' for purposes of the benefits, provisions, and limitations of additional U.S. note 5 to chapter 91. ``(e) Notwithstanding any other provision of law, during the 2-year period beginning 45 days after the date of enactment of this note, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule.''. (b) Conforming Amendment.--General Note 3(a)(iv)(A) of the Harmonized Tariff Schedule of the United States is amended by inserting ``and additional U.S. note 3(e) of chapter 71,'' after ``Tax Reform Act of 1986,''. (c) Effective Date.--The amendments made by this section take effect 45 days after the date of enactment of this Act. SEC. 2402. TARIFF TREATMENT FOR CERTAIN COMPONENTS OF SCIENTIFIC INSTRUMENTS AND APPARATUS. (a) In General.--U.S. note 6 of subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States is amended in subdivision (a) by adding at the end the following new sentence: ``The term `instruments and apparatus' under subheading 9810.00.60 includes separable components of an instrument or apparatus listed in this subdivision that are imported for assembly in the United States in such instrument or apparatus where the instrument or apparatus, due to its size, cannot be feasibly imported in its assembled state.''. (b) Application of Domestic Equivalency Test to Components.--U.S. note 6 of subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating subdivisions (d) through (f) as subdivisions (e) through (g), respectively; and (2) by inserting after subdivision (c) the following: ``(d)(i) If the Secretary of Commerce determines under this U.S. note that an instrument or apparatus is being manufactured in the United States that is of equivalent scientific value to a foreign- origin instrument or apparatus for which application is made (but which, due to its size, cannot be feasibly imported in its assembled state), the Secretary shall report the findings to the Secretary of the Treasury and to the applicant institution, and all components of such foreign-origin instrument or apparatus shall remain dutiable. ``(ii) If the Secretary of Commerce determines that the instrument or apparatus for which application is made is not being manufactured in the United States, the Secretary is authorized to determine further whether any component of such instrument or apparatus of a type that may be purchased, obtained, or imported separately is being manufactured in the United States and shall report the findings to the Secretary of the Treasury and to the applicant institution, and any component found to be domestically available shall remain dutiable. ``(iii) Any decision by the Secretary of the Treasury which allows for duty-free entry of a component of an instrument or apparatus which, due to its size cannot be feasibly imported in its assembled state, shall be effective for a specified maximum period, to be determined in consultation with the Secretary of Commerce, taking into account both the scientific needs of the importing institution and the potential for development of comparable domestic manufacturing capacity.''. (c) Modifications of Regulations.--The Secretary of the Treasury and the Secretary of Commerce shall make such modifications to their joint regulations as are necessary to carry out the amendments made by this section. (d) Effective Date.--The amendments made by this section shall take effect beginning 120 days after the date of the enactment of this Act. SEC. 2403. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES. (a) Liquidation or Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, the United States Customs Service shall, not later than 90 days after the date of enactment of this Act, liquidate or reliquidate those entries made at Los Angeles, California, and New Orleans, Louisiana, which are listed in subsection (c), in accordance with the final decision of the International Trade Administration of the Department of Commerce for shipments entered between October 1, 1984, and December 14, 1987 (case number A-274-001). (b) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid by the Customs Service within 90 days after such liquidation or reliquidation. (c) Entry List.--The entries referred to in subsection (a) are the following: Entry number Date of entry Port 322 00298563 12/11/86 Los Angeles, California ---------------------------------------------------------------------------------------------------------------- 322 00300567 12/11/86 Los Angeles, California ---------------------------------------------------------------------------------------------------------------- 86-2909242 9/2/86 New Orleans, Louisiana ---------------------------------------------------------------------------------------------------------------- 87-05457388 1/9/87 New Orleans, Louisiana SEC. 2404. DRAWBACK AND REFUND ON PACKAGING MATERIAL. (a) In General.--Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)) is further amended-- (1) by striking ``Packaging material'' and inserting the following: ``(1) In general.--Packaging material''; (2) by moving the remaining text 2 ems to the right; and (3) by adding at the end the following: ``(2) Additional eligibility.--Packaging material produced in the United States, which is used by the manufacturer or any other person on or for articles which are exported or destroyed under subsection (a) or (b), shall be eligible under such subsection for refund, as drawback, of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material.''. (b) Effective Date.--The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 2405. INCLUSION OF COMMERCIAL IMPORTATION DATA FROM FOREIGN-TRADE ZONES UNDER THE NATIONAL CUSTOMS AUTOMATION PROGRAM. Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is amended by adding at the end the following: ``(c) Foreign-Trade Zones.--Not later than January 1, 2000, the Secretary shall provide for the inclusion of commercial importation data from foreign-trade zones under the Program.''. SEC. 2406. LARGE YACHTS IMPORTED FOR SALE AT UNITED STATES BOAT SHOWS. (a) In General.--The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by inserting after section 484a the following: ``SEC. 484B. DEFERRAL OF DUTY ON LARGE YACHTS IMPORTED FOR SALE AT UNITED STATES BOAT SHOWS. ``(a) In General.--Notwithstanding any other provision of law, any vessel meeting the definition of a large yacht as provided in subsection (b) and which is otherwise dutiable may be imported without the payment of duty if imported with the intention to offer for sale at a boat show in the United States. Payment of duty shall be deferred, in accordance with this section, until such large yacht is sold. ``(b) Definition.--As used in this section, the term `large yacht' means a vessel that exceeds 79 feet in length, is used primarily for recreation or pleasure, and has been previously sold by a manufacturer or dealer to a retail consumer. ``(c) Deferral of Duty.--At the time of importation of any large yacht, if such large yacht is imported for sale at a boat show in the United States and is otherwise dutiable, duties shall not be assessed and collected if the importer of record-- ``(1) certifies to the Customs Service that the large yacht is imported pursuant to this section for sale at a boat show in the United States; and ``(2) posts a bond, which shall have a duration of 6 months after the date of importation, in an amount equal to twice the amount of duty on the large yacht that would otherwise be imposed under subheading 8903.91.00 or 8903.92.00 of the Harmonized Tariff Schedule of the United States. ``(d) Procedures Upon Sale.-- ``(1) Deposit of duty.--If any large yacht (which has been imported for sale at a boat show in the United States with the deferral of duties as provided in this section) is sold within the 6-month period after importation-- ``(A) entry shall be completed and duty (calculated at the applicable rates provided for under subheading 8903.91.00 or 8903.92.00 of the Harmonized Tariff Schedule of the United States and based upon the value of the large yacht at the time of importation) shall be deposited with the Customs Service; and ``(B) the bond posted as required by subsection (c)(2) shall be returned to the importer. ``(e) Procedures Upon Expiration of Bond Period.-- ``(1) In general.--If the large yacht entered with deferral of duties is neither sold nor exported within the 6-month period after importation-- ``(A) entry shall be completed and duty (calculated at the applicable rates provided for under subheading 8903.91.00 or 8903.92.00 of the Harmonized Tariff Schedule of the United States and based upon the value of the large yacht at the time of importation) shall be deposited with the Customs Service; and ``(B) the bond posted as required by subsection (c)(2) shall be returned to the importer. ``(2) Additional requirements.--No extensions of the bond period shall be allowed. Any large yacht exported in compliance with the bond period may not be reentered for purposes of sale at a boat show in the United States (in order to receive duty deferral benefits) for a period of 3 months after such exportation. ``(f) Regulations.--The Secretary of the Treasury is authorized to make such rules and regulations as may be necessary to carry out the provisions of this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any large yacht imported into the United States after the date that is 15 days after the date of the enactment of this Act. SEC. 2407. REVIEW OF PROTESTS AGAINST DECISIONS OF CUSTOMS SERVICE. Section 515(a) of the Tariff Act of 1930 (19 U.S.C. 1515(a)) is amended by inserting after the third sentence the following: ``Within 30 days from the date an application for further review is filed, the appropriate customs officer shall allow or deny the application and, if allowed, the protest shall be forwarded to the customs officer who will be conducting the further review.''. SEC. 2408. ENTRIES OF NAFTA-ORIGIN GOODS. (a) Refund of Merchandise Processing Fees.--Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended in the matter preceding paragraph (1) by inserting ``(including any merchandise processing fees)'' after ``excess duties''. (b) Protest Against Decision of Customs Service Relating to NAFTA Claims.--Section 514(a)(7) of such Act (19 U.S.C. 1514(a)(7)) is amended by striking ``section 520(c)'' and inserting ``subsection (c) or (d) of section 520''. (c) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 2409. TREATMENT OF INTERNATIONAL TRAVEL MERCHANDISE HELD AT CUSTOMS-APPROVED STORAGE ROOMS. Section 557(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1557(a)(1)) is amended in the first sentence by inserting ``(including international travel merchandise)'' after ``Any merchandise subject to duty''. SEC. 2410. EXCEPTION TO 5-YEAR REVIEWS OF COUNTERVAILING DUTY OR ANTIDUMPING DUTY ORDERS. Section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) is amended by adding at the end the following: ``(7) Exclusions from computations.-- ``(A) In general.--Subject to subparagraph (B), there shall be excluded from the computation of the 5- year period described in paragraph (1) and the periods described in paragraph (6) any period during which the importation of the subject merchandise is prohibited on account of the imposition, under the International Emergency Economic Powers Act or other provision of law, of sanctions by the United States against the country in which the subject merchandise originates. ``(B) Application of exclusion.--Subparagraph (A) shall apply only with respect to subject merchandise which originates in a country that is not a WTO member.''. SEC. 2411. WATER RESISTANT WOOL TROUSERS. Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the Customs Service within 180 days after the date of enactment of this Act, any entry or withdrawal from warehouse for consumption-- (1) that was made after December 31, 1988, and before January 1, 1995; and (2) that would have been classifiable under subheading 6203.41.05 or 6204.61.10 of the Harmonized Tariff Schedule of the United States and would have had a lower rate of duty, if such entry or withdrawal had been made on January 1, 1995, shall be liquidated or reliquidated as if such entry or withdrawal had been made on January 1, 1995. SEC. 2412. REIMPORTATION OF CERTAIN GOODS. (a) In General.--Subchapter I of chapter 98 is amended by inserting in numerical sequence the following new heading: `` 9801.00.26 Articles, Free Free '' previously . imported, with respect to which the duty was paid upon such previous importation, if (1) exported within 3 years after the date of such previous importation, (2) sold for exportation and exported to individuals for personal use, (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation, and (5) reimported by or for the account of the person who exported them from the United States within 1 year of such exportation (b) Effective Date.--The amendment made by subsection (a) applies to goods described in heading 9801.00.26 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) that are reimported into the United States on or after the date that is 15 days after the date of enactment of this Act. SEC. 2413. TREATMENT OF PERSONAL EFFECTS OF PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.98.08 Any of the Free No change Free On or before 12/ following 31/2002 '' articles not . intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games, and of persons who are immediate family members of or servants to any of the foregoing persons; equipment and materials imported in connection with the foregoing events by or on behalf of the foregoing persons or the organizing committees of such events; articles to be used in exhibitions depicting the culture of a country participating in any such event; and, if consistent with the foregoing, such other articles as the Secretary of Treasury may allow............ (b) Taxes and Fees Not To Apply.--The articles described in heading 9902.98.08 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) shall be free of taxes and fees which may be otherwise applicable. (c) No Exemption From Customs Inspections.--The articles described in heading 9902.98.08 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) shall not be free or otherwise exempt or excluded from routine or other inspections as may be required by the Customs Service. (d) Effective Date.-- (1) In general.--The amendment made by this section applies to articles entered, or withdrawn from warehouse for consumption, on or after the date of enactment of this Act. (2) Reliquidation.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon a request filed with the Customs Service on or before the 90th day after the date of enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any article described in subheading 9902.98.08 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) that was made-- (A) after May 15, 1999, and (B) before the date of enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the date of enactment of this Act. SEC. 2414. RELIQUIDATION OF CERTAIN ENTRIES OF THERMAL TRANSFER MULTIFUNCTION MACHINES. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of the original liquidation, was classified under subheading 8517.21.00 of the Harmonized Tariff Schedule of the United States (relating to indirect electrostatic copiers) or subheading 9009.12.00 of such Schedule (relating to indirect electrostatic copiers), at the rate of duty that would have been applicable to such merchandise if the merchandise had been liquidated or reliquidated under subheading 8471.60.65 of the Harmonized Tariff Schedule of the United States (relating to other automated data processing (ADP) thermal transfer printer units) on the date of entry. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service within 90 days after the date of enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), filed at the port of Los Angeles, are as follows: ------------------------------------------------------------------------ Date of entry Entry number Liquidation date ------------------------------------------------------------------------ 01/17/97 112-9638417-3 02/21/97 01/10/97 112-9637684-9 03/07/97 01/03/97 112-9636723-6 04/18/97 01/10/97 112-9637686-4 03/07/97 02/21/97 112-9642157-9 09/12/97 02/14/97 112-9641619-9 06/06/97 02/14/97 112-9641693-4 06/06/97 02/21/97 112-9642156-1 09/12/97 02/28/97 112-9643326-9 09/12/97 03/18/97 112-9645336-6 09/19/97 03/21/97 112-9645682-3 09/19/97 03/21/97 112-9645681-5 09/19/97 03/21/97 112-9645698-9 09/19/97 03/14/97 112-9645026-3 09/19/97 03/14/97 112-9645041-2 09/19/97 03/20/97 112-9646075-9 09/19/97 04/04/97 112-9647309-1 09/19/97 04/04/97 112-9647312-5 09/19/97 04/04/97 112-9647316-6 09/19/97 04/11/97 112-9300151-5 10/31/97 04/11/97 112-9300287-7 09/26/97 04/11/97 112-9300308-1 02/20/98 04/10/97 112-9300356-0 09/26/97 04/16/97 112-9301387-4 09/26/97 04/22/97 112-9301602-6 09/26/97 04/18/97 112-9301627-3 09/26/97 04/25/97 112-9301615-8 09/26/97 04/25/97 112-9302445-9 10/31/97 04/25/97 112-9302298-2 09/26/97 04/04/97 112-9302371-7 09/26/97 05/30/97 112-9306718-5 09/26/97 05/19/97 112-9304958-9 09/26/97 05/16/97 112-9305030-6 09/26/97 05/09/97 112-9303707-1 09/26/97 05/31/97 112-9306470-3 09/26/97 05/02/97 112-9302717-1 09/19/97 06/20/97 112-9308793-6 09/26/97 ------------------------------------------------------------------------ SEC. 2415. RELIQUIDATION OF CERTAIN DRAWBACK ENTRIES AND REFUND OF DRAWBACK PAYMENTS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, the Customs Service shall, not later than 180 days after the date of enactment of this Act, liquidate or reliquidate the entries described in subsection (b) and any amounts owed by the United States pursuant to the liquidation or reliquidation shall be refunded with interest, subject to the provisions of Treasury Decision 86-126(M) and Customs Service Ruling No. 224697, dated November 17, 1994. (b) Entries Described.--The entries described in this subsection are the following: Entry number: Date of entry: 855218319..................... July 18, 1985 855218429..................... August 15, 1985 855218649..................... September 13, 1985 866000134..................... October 4, 1985 866000257..................... November 14, 1985 866000299..................... December 9, 1985 866000451..................... January 14, 1986 866001052..................... February 13, 1986 866001133..................... March 7, 1986 866001269..................... April 9, 1986 866001366..................... May 9, 1986 866001463..................... June 6, 1986 866001573..................... July 7, 1986 866001586..................... July 7, 1986 866001599..................... July 7, 1986 866001913..................... August 8, 1986 866002255..................... September 10, 1986 866002297..................... September 23, 1986 03200000010................... October 3, 1986 03200000028................... November 13, 1986 03200000036................... November 26, 1986. SEC. 2416. CLARIFICATION OF ADDITIONAL U.S. NOTE 4 TO CHAPTER 91 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES. Additional U.S. note 4 of chapter 91 of the Harmonized Tariff Schedule of the United States is amended in the matter preceding subdivision (a), by striking the comma after ``stamping'' and inserting ``(including by means of indelible ink),''. SEC. 2417. DUTY-FREE SALES ENTERPRISES. Section 555(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1555(b)(2)) is amended-- (1) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following new subparagraph: ``(C) a port of entry, as established under section 1 of the Act of August 24, 1912 (37 Stat. 434), or within 25 statute miles of a staffed port of entry if reasonable assurance can be provided that duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the customs territory.''. SEC. 2418. CUSTOMS USER FEES. (a) Additional Preclearance Activities.--Section 13031(f)(3)(A)(iii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)(iii)) is amended to read as follows: ``(iii) to the extent funds remain available after making reimbursements under clause (ii), in providing salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services.''. (b) Collection of Fees for Passengers Aboard Commercial Vessels.-- Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended-- (1) in subsection (a), by amending paragraph (5) to read as follows: ``(5)(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5. ``(B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75''; and (2) in subsection (b)(1)(A), by striking ``(A) No fee'' and inserting ``(A) Except as provided in subsection (a)(5)(B) of this section, no fee''. (c) Use of Merchandise Processing Fees for Automated Commercial Systems.--Section 13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended by adding at the end the following: ``(6) Of the amounts collected in fiscal year 1999 under paragraphs (9) and (10) of subsection (a), $50,000,000 shall be available to the Customs Service, subject to appropriations Acts, for automated commercial systems. Amounts made available under this paragraph shall remain available until expended.''. (d) Advisory Committee.--Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the end the following: ``(k) Advisory Committee.--The Commissioner of Customs shall establish an advisory committee whose membership shall consist of representatives from the airline, cruise ship, and other transportation industries who may be subject to fees under subsection (a). The advisory committee shall not be subject to termination under section 14 of the Federal Advisory Committee Act. The advisory committee shall meet on a periodic basis and shall advise the Commissioner on issues related to the performance of the inspectional services of the United States Customs Service. Such advice shall include, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Commissioner shall give consideration to the views of the advisory committee in the exercise of his or her duties.''. (e) National Customs Automation Test Regarding Reconciliation.-- Section 505(c) of the Tariff Act of 1930 (19 U.S.C. 1505(c)) is amended by adding at the end the following: ``For the period beginning on October 1, 1998, and ending on the date on which the `Revised National Customs Automation Test Regarding Reconciliation' of the Customs Service is terminated, or October 1, 2000, whichever occurs earlier, the Secretary may prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided in this subsection.''. (f) Effective Date.--The amendments made by this section shall take effect 30 days after the date of enactment of this Act. SEC. 2419. DUTY DRAWBACK FOR METHYL TERTIARY-BUTYL ETHER (``MTBE''). (a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff Act of 1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by striking ``and 2902'' and inserting ``2902, and 2909.19.14''. (b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act, and shall apply to drawback claims filed on and after such date. SEC. 2420. SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES. (a) In General.--Section 313(p)(1) of the Tariff Act of 1930 (19 U.S.C. 1313(p)(1)) is amended in the matter following subparagraph (C) by striking ``the amount of the duties paid on, or attributable to, such qualified article shall be refunded as drawback to the drawback claimant.'' and inserting ``drawback shall be allowed as described in paragraph (4).''. (b) Requirements.--Section 313(p)(2) of such Act (19 U.S.C. 1313(p)(2)) is amended-- (1) in subparagraph (A)-- (A) in clauses (i), (ii), and (iii), by striking ``the qualified article'' each place it appears and inserting ``a qualified article''; and (B) in clause (iv), by striking ``an imported' and inserting ``a''; and (2) in subparagraph (G), by inserting ``transferor,'' after ``importer,''. (c) Qualified Article Defined, Etc.--Section 313(p)(3) of such Act (19 U.S.C. 1313(p)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (i)(II), by striking ``liquids, pastes, powders, granules, and flakes'' and inserting ``the primary forms provided under Note 6 to chapter 39 of the Harmonized Tariff Schedule of the United States''; and (B) in clause (ii)-- (i) in subclause (I) by striking ``or'' at the end; (ii) in subclause (II) by striking the period and inserting ``, or''; and (iii) by adding after subclause (II) the following: ``(III) an article of the same kind and quality as described in subparagraph (B), or any combination thereof, that is transferred, as so certified in a certificate of delivery or certificate of manufacture and delivery in a quantity not greater than the quantity of articles purchased or exchanged. The transferred merchandise described in subclause (III), regardless of its origin, so designated on the certificate of delivery or certificate of manufacture and delivery shall be the qualified article for purposes of this section. A party who issues a certificate of delivery, or certificate of manufacture and delivery, shall also certify to the Commissioner of Customs that it has not, and will not, issue such certificates for a quantity greater than the amount eligible for drawback and that appropriate records will be maintained to demonstrate that fact.''; (2) in subparagraph (B), by striking ``exported article'' and inserting ``article, including an imported, manufactured, substituted, or exported article,''; and (3) in the first sentence of subparagraph (C), by striking ``such article.'' and inserting ``either the qualified article or the exported article.''. (d) Limitation on Drawback.--Section 313(p)(4)(B) of such Act (19 U.S.C. 1313(p)(4)(B)) is amended by inserting before the period at the end the following: ``had the claim qualified for drawback under subsection (j)''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the amendment made by section 632(a)(6) of the North American Free Trade Agreement Implementation Act. For purposes of section 632(b) of that Act, the 3-year requirement set forth in section 313(r) of the Tariff Act of 1930 shall not apply to any drawback claim filed within 6 months after the date of enactment of this Act for which that 3-year period would have expired. SEC. 2421. DUTY ON CERTAIN IMPORTATIONS OF MUESLIX CEREALS. (a) Before January 1, 1996.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption made after December 31, 1991, and before January 1, 1996, of mueslix cereal, which was classified in subheading 2008.92.10 of the Harmonized Tariff Schedule of the United States and to which the column 1 special rate of duty applicable for goods of Canada applied-- (1) shall be liquidated or reliquidated as if the column one special rate of duty applicable for goods of Canada in subheading 1904.10.00 of such Schedule applied to such mueslix cereal at the time of such entry or withdrawal; and (2) any excess duties paid as a result of such liquidation or reliquidation shall be refunded, including interest at the appropriate applicable rate. (b) After December 31, 1995.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption made after December 31, 1995, and before January 1, 1998, of mueslix cereal, which was classified in subheading 1904.20.10 of the Harmonized Tariff Schedule of the United States and to which the column 1 special rate of duty applicable for goods of special column rate applicable for Canada applied-- (1) shall be liquidated or reliquidated as if the column 1 special rate of duty applicable for goods of Canada in subheading 1904.10.00 of such Schedule applied to such mueslix cereal at the time of such entry or withdrawal; and (2) any excess duties paid as a result of such liquidation or reliquidation shall be refunded, including interest at the appropriate applicable rate. SEC. 2422. EXPANSION OF FOREIGN TRADE ZONE NO. 143. (a) Expansion of Foreign Trade Zone.--The Foreign Trade Zones Board shall expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted by the Sacramento-Yolo Port District of Sacramento, California, to the Board on March 11, 1997. (b) Other Requirements Not Affected.--The expansion of Foreign Trade Zone No. 143 under subsection (a) shall not relieve the Port of Sacramento of any requirement under the Foreign Trade Zones Act, or under regulations of the Foreign Trade Zones Board, relating to such expansion. SEC. 2423. MARKING OF CERTAIN SILK PRODUCTS AND CONTAINERS. (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended-- (1) by redesignating subsections (h), (i), (j), and (k) as subsections (i), (j), (k), and (l), respectively; and (2) by inserting after subsection (g) the following new subsection: ``(h) Marking of Certain Silk Products.--The marking requirements of subsections (a) and (b) shall not apply either to-- ``(1) articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997; or ``(2) articles provided for in heading 5007 of the Harmonized Tariff Schedule of the United States as in effect on January 1, 1997.''. (b) Conforming Amendment.--Section 304(j) of such Act, as redesignated by subsection (a)(1) of this section, is amended by striking ``subsection (h)'' and inserting ``subsection (i)''. (c) Effective Date.--The amendments made by this section apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of enactment of this Act. SEC. 2424. EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO THE PRODUCTS OF MONGOLIA. (a) Findings.--The Congress finds that Mongolia-- (1) has received normal trade relations treatment since 1991 and has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974; (2) has emerged from nearly 70 years of communism and dependence on the former Soviet Union, approving a new constitution in 1992 which has established a modern parliamentary democracy charged with guaranteeing fundamental human rights, freedom of expression, and an independent judiciary; (3) has held 4 national elections under the new constitution, 2 presidential and 2 parliamentary, thereby solidifying the nation's transition to democracy; (4) has undertaken significant market-based economic reforms, including privatization, the reduction of government subsidies, the elimination of most price controls and virtually all import tariffs, and the closing of insolvent banks; (5) has concluded a bilateral trade treaty with the United States in 1991, and a bilateral investment treaty in 1994; (6) has acceded to the Agreement Establishing the World Trade Organization, and extension of unconditional normal trade relations treatment to the products of Mongolia would enable the United States to avail itself of all rights under the World Trade Organization with respect to Mongolia; and (7) has demonstrated a strong desire to build friendly relationships and to cooperate fully with the United States on trade matters. (b) Termination of Application of Title IV of the Trade Act of 1974 to Mongolia.-- (1) Presidential determinations and extensions of nondiscriminatory treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (A) determine that such title should no longer apply to Mongolia; and (B) after making a determination under subparagraph (A) with respect to Mongolia, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (2) Termination of application of title iv.--On or after the effective date of the extension under paragraph (1)(B) of nondiscriminatory treatment to the products of Mongolia, title IV of the Trade Act of 1974 shall cease to apply to that country. SEC. 2425. ENHANCED CARGO INSPECTION PILOT PROGRAM. (a) In General.--The Commissioner of Customs is authorized to establish a pilot program for fiscal year 1999 to provide 24-hour cargo inspection service on a fee-for-service basis at an international airport described in subsection (b). The Commissioner may extend the pilot program for fiscal years after fiscal year 1999 if the Commissioner determines that the extension is warranted. (b) Airport Described.--The international airport described in this subsection is a multi-modal international airport that-- (1) is located near a seaport; and (2) serviced more than 185,000 tons of air cargo in 1997. SEC. 2426. PAYMENT OF EDUCATION COSTS OF DEPENDENTS OF CERTAIN CUSTOMS SERVICE PERSONNEL. Notwithstanding section 2164 of title 10, United States Code, the Department of Defense shall permit the dependent children of deceased United States Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System in Puerto Rico, to complete their primary and secondary education within this school system without cost to such children or any parent, relative, or guardian of such children. The United States Customs Service shall reimburse the Department of Defense for reasonable education expenses to cover these costs. TITLE III--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 3001. PROPERTY SUBJECT TO A LIABILITY TREATED IN SAME MANNER AS ASSUMPTION OF LIABILITY. (a) Repeal of Property Subject to a Liability Test.-- (1) Section 357.--Section 357(a)(2) of the Internal Revenue Code of 1986 (relating to assumption of liability) is amended by striking ``, or acquires from the taxpayer property subject to a liability''. (2) Section 358.--Section 358(d)(1) of such Code (relating to assumption of liability) is amended by striking ``or acquired from the taxpayer property subject to a liability''. (3) Section 368.-- (A) Section 368(a)(1)(C) of such Code is amended by striking ``, or the fact that property acquired is subject to a liability,''. (B) The last sentence of section 368(a)(2)(B) of such Code is amended by striking ``, and the amount of any liability to which any property acquired from the acquiring corporation is subject,''. (b) Clarification of Assumption of Liability.-- (1) In general.--Section 357 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Determination of Amount of Liability Assumed.-- ``(1) In general.--For purposes of this section, section 358(d), section 362(d), section 368(a)(1)(C), and section 368(a)(2)(B), except as provided in regulations-- ``(A) a recourse liability (or portion thereof) shall be treated as having been assumed if, as determined on the basis of all facts and circumstances, the transferee has agreed to, and is expected to, satisfy such liability (or portion), whether or not the transferor has been relieved of such liability; and ``(B) except to the extent provided in paragraph (2), a nonrecourse liability shall be treated as having been assumed by the transferee of any asset subject to such liability. ``(2) Exception for nonrecourse liability.--The amount of the nonrecourse liability treated as described in paragraph (1)(B) shall be reduced by the lesser of-- ``(A) the amount of such liability which an owner of other assets not transferred to the transferee and also subject to such liability has agreed with the transferee to, and is expected to, satisfy; or ``(B) the fair market value of such other assets (determined without regard to section 7701(g)). ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection and section 362(d). The Secretary may also prescribe regulations which provide that the manner in which a liability is treated as assumed under this subsection is applied, where appropriate, elsewhere in this title.''. (2) Limitation on basis increase attributable to assumption of liability.--Section 362 of such Code is amended by adding at the end the following new subsection: ``(d) Limitation on Basis Increase Attributable to Assumption of Liability.-- ``(1) In general.--In no event shall the basis of any property be increased under subsection (a) or (b) above the fair market value of such property (determined without regard to section 7701(g)) by reason of any gain recognized to the transferor as a result of the assumption of a liability. ``(2) Treatment of gain not subject to tax.--Except as provided in regulations, if-- ``(A) gain is recognized to the transferor as a result of an assumption of a nonrecourse liability by a transferee which is also secured by assets not transferred to such transferee; and ``(B) no person is subject to tax under this title on such gain, then, for purposes of determining basis under subsections (a) and (b), the amount of gain recognized by the transferor as a result of the assumption of the liability shall be determined as if the liability assumed by the transferee equaled such transferee's ratable portion of such liability determined on the basis of the relative fair market values (determined without regard to section 7701(g)) of all of the assets subject to such liability.''. (c) Application to Provisions Other Than Subchapter C.-- (1) Section 584.--Section 584(h)(3) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``, and the fact that any property transferred by the common trust fund is subject to a liability,'' in subparagraph (A); and (B) by striking clause (ii) of subparagraph (B) and inserting: ``(ii) Assumed liabilities.--For purposes of clause (i), the term `assumed liabilities' means any liability of the common trust fund assumed by any regulated investment company in connection with the transfer referred to in paragraph (1)(A). ``(C) Assumption.--For purposes of this paragraph, in determining the amount of any liability assumed, the rules of section 357(d) shall apply.''. (2) Section 1031.--The last sentence of section 1031(d) of such Code is amended-- (A) by striking ``assumed a liability of the taxpayer or acquired from the taxpayer property subject to a liability'' and inserting ``assumed (as determined under section 357(d)) a liability of the taxpayer''; and (B) by striking ``or acquisition (in the amount of the liability)''. (d) Conforming Amendments.-- (1) Section 351(h)(1) of the Internal Revenue Code of 1986 is amended by striking ``, or acquires property subject to a liability,''. (2) Section 357 of such Code is amended by striking ``or acquisition'' each place it appears in subsection (a) or (b). (3) Section 357(b)(1) of such Code is amended by striking ``or acquired''. (4) Section 357(c)(1) of such Code is amended by striking ``, plus the amount of the liabilities to which the property is subject,''. (5) Section 357(c)(3) of such Code is amended by striking ``or to which the property transferred is subject''. (6) Section 358(d)(1) of such Code is amended by striking ``or acquisition (in the amount of the liability)''. (e) Effective Date.--The amendments made by this section shall apply to transfers after October 18, 1998. Attest: Secretary. 106th CONGRESS 1st Session H. R. 435 _______________________________________________________________________ AMENDMENT HR 435 EAS----2 HR 435 EAS----3 HR 435 EAS----4 HR 435 EAS----5 HR 435 EAS----6 HR 435 EAS----7 HR 435 EAS----8 HR 435 EAS----9 HR 435 EAS----10

usgpo

2024-06-24T03:05:54.308902

BILLS-106hr441rfs

Nursing Relief for Disadvantaged Areas Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 441 Referred in Senate (RFS)] 1st Session H. R. 441 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 27, 1999 Received; read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To amend the Immigration and Nationality Act with respect to the requirements for the admission of nonimmigrant nurses who will practice in health professional shortage areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief for Disadvantaged Areas Act of 1999''. SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS DURING 4-YEAR PERIOD. (a) Establishment of a New Nonimmigrant Classification for Nonimmigrant Nurses in Health Professional Shortage Areas.--Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking ``; or'' at the end and inserting the following: ``, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; or''. (b) Requirements.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in section 101(a)(15)(H)(i)(c), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; ``(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The facility meets all the requirements of paragraph (6). ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. ``(iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. ``(iv) The facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses. ``(v) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(vi) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations. ``(vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c) that exceeds 33 percent of the total number of registered nurses employed by the facility. ``(viii) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999. A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing. ``(B) For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: ``(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. ``(ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses. ``(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. ``(iv) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate that taking a second step is not reasonable. ``(C) Subject to subparagraph (E), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. ``(E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. ``(ii) The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(F)(i) The Secretary of Labor shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be 3 years. ``(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500. The number of such visas issued for employment in each State in each fiscal year shall not exceed the following: ``(A) For States with populations of less than 9,000,000, based upon the 1990 decennial census of population, 25 visas. ``(B) For States with populations of 9,000,000 or more, based upon the 1990 decennial census of population, 50 visas. ``(C) If the total number of visas available under this paragraph for a fiscal year quarter exceeds the number of qualified nonimmigrants who may be issued such visas during those quarters, the visas made available under this paragraph shall be issued without regard to the numerical limitation under subparagraph (A) or (B) of this paragraph during the last fiscal year quarter. ``(5) A facility that has filed a petition under section 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; ``(B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and ``(C) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c), the term `facility' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements: ``(A) As of March 31, 1997, the hospital was located in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). ``(B) Based on its settled cost report filed under title XVIII of the Social Security Act for its cost reporting period beginning during fiscal year 1994-- ``(i) the hospital has not less than 190 licensed acute care beds; ``(ii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title is not less than 35 percent of the total number of such hospital's acute care inpatient days for such period; and ``(iii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. ``(7) For purposes of paragraph (2)(A)(v), the term `lay off', with respect to a worker-- ``(A) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. Nothing in this paragraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract.''. (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking subclause (a). (d) Implementation.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act (as amended by subsection (b)). (e) Limiting Application of Nonimmigrant Changes to 4-Year Period.--The amendments made by this section shall apply to classification petitions filed for nonimmigrant status only during the 4-year period beginning on the date that interim or final regulations are first promulgated under subsection (d). SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE. Not later than the last day of the 4-year period described in section 2(e), the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the Congress recommendations (including legislative specifications) with respect to the following: (1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act (as amended by section 2(b)) on nonimmigrant registered nurses by providing for a permanent solution to the shortage of registered nurses who are United States citizens or aliens lawfully admitted for permanent residence. (2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act (as amended by section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act (as so amended). SEC. 4. CERTIFICATION FOR CERTAIN ALIEN NURSES. (a) In General.-- (1) Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following new subsection: ``(r) Subsection (a)(5)(C) shall not apply to an alien who seeks to enter the United States for the purpose of performing labor as a nurse who presents to the consular officer (or in the case of an adjustment of status, the Attorney General) a certified statement from the Commission on Graduates of Foreign Nursing Schools (or an equivalent independent credentialing organization approved for the certification of nurses under subsection (a)(5)(C) by the Attorney General in consultation with the Secretary of Health and Human Services) that-- ``(1) the alien has a valid and unrestricted license as a nurse in a State where the alien intends to be employed and such State verifies that the foreign licenses of alien nurses are authentic and unencumbered; ``(2) the alien has passed the National Council Licensure Examination (NCLEX); ``(3) the alien is a graduate of a nursing program-- ``(A) in which the language of instruction was English; ``(B) located in a country-- ``(i) designated by such commission not later than 30 days after the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999, based on such commission's assessment that the quality of nursing education in that country, and the English language proficiency of those who complete such programs in that country, justify the country's designation; or ``(ii) designated on the basis of such an assessment by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection; and ``(C)(i) which was in operation on or before the date of the enactment of the Nursing Relief for Disadvantaged Areas Act of 1999; or ``(ii) has been approved by unanimous agreement of such commission and any equivalent credentialing organizations which have been approved under subsection (a)(5)(C) for the certification of nurses under this subsection.''. (2) Section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)) is amended by striking ``Any alien who seeks'' and inserting ``Subject to subsection (r), any alien who seeks''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (c) Issuance of Certified Statements.--The Commission on Graduates of Foreign Nursing Schools, or any approved equivalent independent credentialing organization, shall issue certified statements pursuant to the amendment under subsection (a) not more than 35 days after the receipt of a complete application for such a statement. Passed the House of Representatives May 24, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:54.356537

BILLS-106hr2670eas

An Act making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2000, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2670 Engrossed Amendment Senate (EAS)] In the Senate of the United States, September 8, 1999. Resolved, That the bill from the House of Representatives (H.R. 2670) entitled ``An Act making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2000, and for other purposes.'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies programs for the fiscal year ending September 30, 2000, and for other purposes, namely: TITLE I--DEPARTMENT OF JUSTICE General Administration salaries and expenses For expenses necessary for the administration of the Department of Justice, $82,485,000, of which not to exceed $3,317,000 is for the Facilities Program 2000, to remain available until expended: Provided, That not to exceed 43 permanent positions and 44 full-time equivalent workyears and $8,136,000 shall be expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 1999: Provided further, That not to exceed 41 permanent positions and 48 full-time equivalent workyears and $4,811,000 shall be expended for the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned offices may utilize non-reimbursable details of career employees within the caps described in the aforementioned proviso. joint automated booking system For expenses necessary for the nationwide deployment of a Joint Automated Booking System, $6,000,000, to remain available until expended. narrowband communications For the costs of conversion to narrowband communications as mandated by section 104 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 903(d)(1)), $20,000,000, to remain available until expended: Provided, That such funds may be transferred to any Department of Justice organization upon approval by the Attorney General: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. counterterrorism fund For necessary expenses, as determined by the Attorney General, $27,000,000, to remain available until expended, to reimburse any Department of Justice organization for (1) the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as a result of any domestic or international terrorist incident; (2) the costs of providing support to counter, investigate or prosecute domestic or international terrorism, including payment of rewards in connection with these activities; and (3) the costs of conducting a terrorism threat assessment of Federal agencies and their facilities: Provided, That any Federal agency may be reimbursed for the costs of detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States: Provided further, That funds provided under this paragraph shall be available only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act. telecommunications carrier compliance fund For payments authorized by section 109 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1008), $15,000,000, to remain available until expended. administrative review and appeals For expenses necessary for the administration of pardon and clemency petitions and immigration related activities, $30,727,000. In addition, $59,251,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $32,049,000; including not to exceed $10,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General. United States Parole Commission salaries and expenses For necessary expenses of the United States Parole Commission as authorized by law, $7,176,000. Legal Activities salaries and expenses, general legal activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $299,260,000; of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the funds available in this appropriation, not to exceed $55,166,000 shall remain available until expended for office automation systems for the legal divisions covered by this appropriation, and for the United States Attorneys, the Antitrust Division, and offices funded through ``Salaries and Expenses'', General Administration: Provided further, That of the total amount appropriated, not to exceed $1,000 shall be available to the United States National Central Bureau, INTERPOL, for official reception and representation expenses. In addition, $185,740,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $112,318,000: Provided, That, notwithstanding section 3302(b) of title 31, United States Code, not to exceed $112,318,000 of offsetting collections derived from fees collected in fiscal year 2000 for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received during fiscal year 2000, so as to result in a final fiscal year 2000 appropriation from the General Fund estimated at not more than $0. salaries and expenses, united states attorneys For necessary expenses of the Offices of the United States Attorneys, including intergovernmental and cooperative agreements, $589,478,000; of which not to exceed $2,500,000 shall be available until September 30, 2000, for (1) training personnel in debt collection, (2) locating debtors and their property, (3) paying the net costs of selling property, and (4) tracking debts owed to the United States Government: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That, notwithstanding any other provision of this Act, of the amount made available under this heading, not to exceed $20,000,000 may be transferred to, and merged with, funds in the ``Federal Prisoner Detention'' appropriations account: Provided further, That not to exceed $10,000,000 of those funds available for automated litigation support contracts shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation of the National Advocacy Center shall remain available until expended: Provided further, That not to exceed $1,000,000 shall remain available until expended for the expansion of existing Violent Crime Task Forces in United States Attorneys Offices into demonstration projects, including inter-governmental, inter-local, cooperative, and task-force agreements, however denominated, and contracts with State and local prosecutorial and law enforcement agencies engaged in the investigation and prosecution of violent crimes: Provided further, That, in addition to reimbursable full-time equivalent workyears available to the Offices of the United States Attorneys, not to exceed 9,044 positions and 9,312 full-time equivalent workyears shall be supported from the funds appropriated in this Act or made available during fiscal year 2000 under any other Act for the United States Attorneys, of which 2,107 positions and 2,171 full-time equivalents shall be dedicated to civil or civil defensive litigation: Provided further, That $27,000,000 shall only be available to support or establish task forces to enforce Federal laws related to preventing the possession by criminals of firearms (as defined in section 921(a) of title 18, United States Code), of which $5,000,000 shall be for a task force in each of the paired locations of Philadelphia, Pennsylvania, and Camden, New Jersey; Las Cruces, New Mexico, and Albuquerque, New Mexico; Savannah, Georgia, and Charleston, South Carolina; Baltimore, Maryland, and Prince Georges County, Maryland; and Denver, Colorado, and Salt Lake City, Utah; and of which $1,000,000 shall be for the task force coordinated by the Office of the United States Attorney for the Eastern District of Wisconsin, and $1,000,000 shall be for the task forces coordinated by the Office of the United States Attorney for the Western District of New York and task forces coordinated by the Office of the United States Attorney for the Northern District of New York. In addition, $500,000,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. united states trustee system fund For necessary expenses of the United States Trustee Program, as authorized by 28 U.S.C. 589a(a), $112,775,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided, That, notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $112,775,000 of offsetting collections derived from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2000, so as to result in a final fiscal year 2000 appropriation from the Fund estimated at $0. salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109, $1,175,000. salaries and expenses, united states marshals service For necessary expenses of the United States Marshals Service; including the acquisition, lease, maintenance, and operation of vehicles, and the purchase of passenger motor vehicles for police-type use, without regard to the general purchase price limitation for the current fiscal year, $409,253,000, as authorized by 28 U.S.C. 561(i); of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $4,000,000 for development, implementation, maintenance and support, and training for an automated prisoner information system shall remain available until expended: Provided, That none of the amount made available under this heading may be used to contract with any individual to perform the duties of an officer or employee of the United States Marshals Service on a temporary or intermittent basis, except for prisoner ground transport, service of process, and evictions: Provided further, That none of the amount made available under this heading may be used for the service of process on any person by an officer or employee of the United States Marshals Service, unless such service of process is pursuant to a written request made by a judge of the United States (as defined in section 451 of title 28, United States Code) and approved by the Attorney General. In addition, $138,000,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. construction For planning, constructing, renovating, equipping, and maintaining United States Marshals Service prisoner-holding space in United States courthouses and federal buildings, including the renovation and expansion of prisoner movement areas, elevators, and sallyports, $9,632,000, to remain available until expended. justice prisoner and alien transportation system fund, united states marshals service Beginning in fiscal year 2000 and thereafter, payment shall be made from the Justice Prisoner and Alien Transportation System Fund for the payment of necessary expenses related to the scheduling and transportation of United States prisoners and illegal and criminal aliens in the custody of the United States Marshals Service, as authorized in 18 U.S.C. 4013, including, without limitation, salaries and expenses, operations, and the acquisition, lease, and maintenance of aircraft and support facilities: Provided, That the Fund shall be reimbursed or credited with advance payments from amounts available to the Department of Justice, other Federal agencies, and other sources at rates that will recover the expenses of Fund operations, including, without limitation, accrual of annual leave and depreciation of plant and equipment of the Fund: Provided further, That proceeds from the disposal of Fund aircraft shall be credited to the Fund: Provided further, That amounts in the Fund shall be available without fiscal year limitation, and may be used for operating equipment lease agreements that do not exceed 5 years: Provided further, That with respect to the transportation of Federal, State, local and territorial prisoners and detainees, the lease or rent of aircraft by the Justice Prisoner Air Transport System shall be considered use of public aircraft pursuant to 49 U.S.C. section 40102(a)(37). For the initial capitalization costs of the Fund, $9,000,000. federal prisoner detention For expenses, related to United States prisoners in the custody of the United States Marshals Service as authorized in 18 U.S.C. 4013, but not including expenses otherwise provided for in appropriations available to the Attorney General, $500,000,000, as authorized by 28 U.S.C. 561(i), to remain available until expended. fees and expenses of witnesses For expenses, mileage, compensation, and per diems of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, and for per diems in lieu of subsistence, as authorized by law, including advances, $110,000,000, to remain available until expended; of which not to exceed $6,000,000 may be made available for planning, construction, renovations, maintenance, remodeling, and repair of buildings, and the purchase of equipment incident thereto, for protected witness safesites; and of which not to exceed $1,000,000 may be made available for the purchase and maintenance of armored vehicles for transportation of protected witnesses: Provided, That, notwithstanding any other provision of this Act, of the amount made available under this heading, not to exceed $15,000,000 may be transferred to, and merged with, funds in the ``Federal Prisoner Detention'' appropriations account. salaries and expenses, community relations service For necessary expenses of the Community Relations Service, established by title X of the Civil Rights Act of 1964, $7,199,000. assets forfeiture fund For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and (G), as amended, $23,000,000, to be derived from the Department of Justice Assets Forfeiture Fund. Radiation Exposure Compensation administrative expenses For necessary administrative expenses in accordance with the Radiation Exposure Compensation Act, $2,000,000. payment to radiation exposure compensation trust fund For payments to the Radiation Exposure Compensation Trust Fund, $20,300,000. Interagency Law Enforcement interagency crime and drug enforcement For necessary expenses for the detection, investigation, and prosecution of individuals involved in organized crime drug trafficking not otherwise provided for, to include intergovernmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $304,014,000, of which $20,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation: Provided further, That any unobligated balances remaining available at the end of the fiscal year shall revert to the Attorney General for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act. high intensity interstate gang activity areas program For expenses necessary to establish and implement the High Intensity Interstate Gang Activity Areas Program (including grants, contracts, cooperative agreements and other assistance) pursuant to section 205 of S. 254 as passed by the Senate on May 20, 1999, and consistent with the funding proportions established therein, $20,000,000. Federal Bureau of Investigation salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States; acquisition, lease, maintenance, and operation of aircraft; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General, $2,692,791,000; of which not to exceed $50,000,000 for automated data processing and telecommunications and technical investigative equipment and not to exceed $1,000,000 for undercover operations shall remain available until September 30, 2001; of which not less than $260,000,000 shall be for counterterrorism investigations, foreign counterintelligence, and other activities related to our national security; of which not to exceed $14,000,000 for research, development, test, and evaluation shall remain available until expended; and of which not to exceed $10,000,000 is authorized to be made available for making advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, and drug investigations; and of which $1,500,000 shall be available to maintain an independent program office dedicated solely to the automation of fingerprint identification services: Provided, That not to exceed $65,000 shall be available for official reception and representation expenses: Provided further, That, including reimbursable full-time equivalent workyears available to the Federal Bureau of Investigation, not to exceed 27,604 positions and 27,604 full-time equivalent workyears shall be supported from the funds appropriated in this Act or made available during fiscal year 2000 under any other Act for the Federal Bureau of Investigation: Provided further, That no funds in this Act may be used to provide ballistics imaging equipment to any State or local authority which has obtained similar equipment through a Federal grant or subsidy unless the State or local authority agrees to return that equipment or to repay that grant or subsidy to the Federal Government. In addition, $280,501,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. construction For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $10,287,000, to remain available until expended. Drug Enforcement Administration salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; acquisition, lease, maintenance, and operation of aircraft; $798,187,000, of which not to exceed $1,800,000 for research shall remain available until expended, and of which not to exceed $4,000,000 for purchase of evidence and payments for information, not to exceed $10,000,000 for contracting for automated data processing and telecommunications equipment, and not to exceed $2,000,000 for laboratory equipment, $4,000,000 for technical equipment, and $2,000,000 for aircraft replacement retrofit and parts, shall remain available until September 30, 2001; and of which not to exceed $50,000 shall be available for official reception and representation expenses. In addition, $419,459,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. construction For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $5,500,000, to remain available until expended. Immigration and Naturalization Service salaries and expenses For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; acquisition, lease, maintenance and operation of aircraft; research related to immigration enforcement; for protecting and maintaining the integrity of the borders of the United States including, without limitation, equipping, maintaining, and making improvements to the infrastructure; and for the care and housing of Federal detainees held in the joint Immigration and Naturalization Service and United States Marshals Service's Buffalo Detention Facility, $1,697,164,000, of which not to exceed $400,000 for research shall remain available until expended; of which not to exceed $10,000,000 shall be available for costs associated with the training program for basic officer training, and $5,000,000 is for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration; and of which not to exceed $5,000,000 is to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available to pay any employee overtime pay in an amount in excess of $20,000 during the calendar year beginning January 1, 2000: Provided further, That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That not to exceed $5,000 shall be available for official reception and representation expenses: Provided further, That any Border Patrol agent classified in a GS-1896 position who completes a 1-year period of service at a GS-9 grade and whose current rating of record is fully successful or higher shall be classified at a GS-11 grade and receive pay at the minimum rate of basic pay for a GS-11 position: Provided further, That the Commissioner shall within 90 days develop a plan for coordinating and linking all relevant Immigration and Naturalization Service databases with those of the Justice Department and other Federal law enforcement agencies, to determine criminal history, fingerprint identification, and record of prior deportation, and, upon the approval of the Committees on the Judiciary and the Commerce, Justice, State, and the Judiciary Appropriations Subcommittees, shall implement the plan within fiscal year 2000: Provided further, That the Commissioner shall have the authority to provide a language proficiency bonus, as a recruitment incentive, to graduates of the Border Patrol Academy from funds otherwise provided for language training: Provided further, That the Commissioner shall fully coordinate and link all Immigration and Naturalization Service databases, including IDENT, with databases of the Department of Justice and other Federal law enforcement agencies containing information on criminal histories and records of prior deportations: Provided further, That the Immigration and Naturalization Service shall only accept cash or a cashier's check when receiving or processing applications for benefits under the Immigration and Nationality Act: Provided further, That, including reimbursable full-time equivalent workyears available to the Immigration and Naturalization Service, not to exceed 29,784 positions and 29,784 full-time equivalent workyears shall be supported from the funds appropriated in this Act or made available during fiscal year 2000 under any other Act for the Immigration and Naturalization Service: Provided further, That not to exceed 39 permanent positions and 39 full-time equivalent workyears and $4,284,000 shall be expended for the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned offices shall be augmented by personnel details, temporary transfers of personnel on either a reimbursable or non-reimbursable basis, or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis and such augmentation may not exceed 4 full-time equivalent workyears: Provided further, That the number of positions filled through non-career appointment at the Immigration and Naturalization Service, for which funding is provided in this Act or is otherwise made available to the Immigration and Naturalization Service, shall not exceed 4 permanent positions and 4 full-time equivalent workyears. violent crime reduction programs In addition, $873,000,000, for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. construction For planning, construction, renovation, equipping, and maintenance of buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, not otherwise provided for, $138,964,000, to remain available until expended. Federal Prison System salaries and expenses For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 708, of which 602 are for replacement only) and hire of law enforcement and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $3,116,774,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System (FPS), where necessary, may enter into contracts with a fiscal agent/fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the FPS, furnish health services to individuals committed to the custody of the FPS: Provided further, That not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 for the activation of new facilities shall remain available until September 30, 2000: Provided further, That, of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980, as amended, for the care and security in the United States of Cuban and Haitian entrants: Provided further, That, notwithstanding section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into contracts and other agreements with private entities for periods of not to exceed 3 years and 7 additional option years for the confinement of Federal prisoners. In addition, $46,599,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. buildings and facilities For planning, acquisition of sites and construction of new facilities; leasing the Oklahoma City Airport Trust Facility; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $549,791,000, to remain available until expended, of which not to exceed $14,074,000 shall be available to construct areas for inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation: Provided further, That not to exceed 10 percent of the funds appropriated to ``Buildings and Facilities'' in this Act or any other Act may be transferred to ``Salaries and Expenses'', Federal Prison System, upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate in compliance with provisions set forth in section 605 of this Act. federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement only) and hire of passenger motor vehicles. limitation on administrative expenses, federal prison industries, incorporated Not to exceed $3,429,000 of the funds of the corporation shall be available for its administrative expenses, and for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. Office of Justice Programs justice assistance For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Missing Children's Assistance Act, as amended, including salaries and expenses in connection therewith, and with the Victims of Crime Act of 1984, as amended, $168,592,000, to remain available until expended, as authorized by section 1001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by Public Law 102-534 (106 Stat. 3524), of which $2,000,000 shall be made available to the Department of Psychiatry and Human Behavior at the University of Mississippi School of Medicine for research in addictive disorders and their connection to youth violence, and $204,500,000 for counterterrorism programs, including $40,000,000 as authorized by Section 821 of the Antiterrorism and Effective Death Penalty Act of 1996, respectively: Provided further, That none of these funds made available under this heading shall be provided to any State that has failed to establish a comprehensive counterterrorism plan which has been approved by the National Domestic Preparedness Office. state and local law enforcement assistance For grants, contracts, cooperative agreements, and other assistance authorized by part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, for State and Local Narcotics Control and Justice Assistance Improvements, notwithstanding the provisions of section 511 of said Act, $552,100,000, to remain available until expended, as authorized by section 1001 of title I of said Act, as amended by Public Law 102-534 (106 Stat. 3524), of which $5,000,000 shall be available to the National Institute of Justice for a national evaluation of the Byrne program, of which $52,100,000 shall be available to carry out the provisions of chapter A of subpart 2 of part E of title I of said Act, for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs: Provided, That of the total amount appropriated, not to exceed $1,000,000 shall be available to the TeamMates of Nebraska project. violent crime reduction programs, state and local law enforcement assistance For assistance (including amounts for administrative costs for management and administration, which amounts shall be transferred to and merged with the ``Justice Assistance'' account) authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103- 322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''), $1,407,450,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund; of which $400,000,000 shall be for Local Law Enforcement Block Grants, pursuant to H.R. 728 as passed by the House of Representatives on February 14, 1995, except that for purposes of this Act, the Commonwealth of Puerto Rico shall be considered a ``unit of local government'' as well as a ``State'', for the purposes set forth in paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 and for establishing crime prevention programs involving cooperation between community residents and law enforcement personnel in order to control, detect, or investigate crime or the prosecution of criminals: Provided, That no funds provided under this heading may be used as matching funds for any other Federal grant program: Provided further, That $50,000,000 of this amount shall be for Boys and Girls Clubs in public housing facilities and other areas in cooperation with State and local law enforcement: Provided further, That funds may also be used to defray the costs of indemnification insurance for law enforcement officers: Provided further, That $20,000,000 shall be available to carry out section 102(2) of H.R. 728: Provided further, That $30,000,000 shall be available for the Police Corps training program, as authorized by sections 200101-200113 of the 1994 Act; of which $260,000,000 shall be available to carry out section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601), including for grants for law enforcement equipment for discretionary grants to States, local units of government, and Indian tribes, of which $500,000 is available for a new truck safety initiative in the State of New Jersey, of which $100,000 shall be used to award a grant to Charles Mix County, South Dakota, to upgrade the 911 emergency telephone system, of which $40,000,000 is for grants to upgrade criminal records, as authorized by section 106(b) of the Brady Handgun Violence Prevention Act of 1993, as amended, and section 4(b) of the National Child Protection Act of 1993, of which $15,000,000 is for the National Institute of Justice to develop school safety technologies, of which $12,000,000 is available for the Office of Justice Program's Global Criminal Justice Information Network for work with states and local jurisdictions; of which $100,000,000 shall be for the State Criminal Alien Assistance Program, as authorized by section 242(j) of the Immigration and Nationality Act, as amended; of which $75,000,000 shall be for Violent Offender Incarceration and Truth in Sentencing Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of which $41,000,000 shall be available for the Cooperative Agreement Program, and of which $34,000,000 shall be reserved by the Attorney General for fiscal year 2000 under section 20109(a) of subtitle A of title II of the 1994 Act; of which $10,000,000 shall be for the Court Appointed Special Advocate Program, as authorized by section 218 of the 1990 Act; of which $2,000,000 shall be for Child Abuse Training Programs for Judicial Personnel and Practitioners, as authorized by section 224 of the 1990 Act; of which $206,750,000 shall be for Grants to Combat Violence Against Women, to States, units of local government, and Indian tribal governments, as authorized by section 1001(a)(18) of the 1968 Act, including $23,000,000 which shall be used exclusively for the purpose of strengthening civil legal assistance programs for victims of domestic violence, and $10,000,000 which shall be used exclusively for violence on college campuses: Provided further, That, of these funds, $5,200,000 shall be provided to the National Institute of Justice for research and evaluation of violence against women, and $10,000,000 shall be available to the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, to be administered as authorized by part C of the Juvenile Justice and Delinquency Act of 1974, as amended; of which $34,000,000 shall be for Grants to Encourage Arrest Policies to States, units of local government, and Indian tribal governments, as authorized by section 1001(a)(19) of the 1968 Act; of which $25,000,000 shall be for Rural Domestic Violence and Child Abuse Enforcement Assistance Grants, as authorized by section 40295 of the 1994 Act; of which $5,000,000 shall be for training programs to assist probation and parole officers who work with released sex offenders, as authorized by section 40152(c) of the 1994 Act, and for local demonstration projects; of which $1,000,000 shall be for grants for televised testimony, as authorized by section 1001(a)(7) of the 1968 Act; of which $5,000,000 shall be for the Tribal Courts Initiative; of which $300,000 shall be used to award a grant to the Wakpa Sica Historical Society; of which $63,000,000 shall be for grants for residential substance abuse treatment for State prisoners, as authorized by section 1001(a)(17) of the 1968 Act; of which $30,000,000 shall be for State and local forensic laboratories as authorized by section 1001(a)(22) of the 1968 Act, as well as for improvements to the State and local forensic laboratory general forensic science capabilities to reduce their DNA convicted offender database sample backlog; of which $900,000 shall be for the Missing Alzheimer's Disease Patient Alert Program, as authorized by section 240001(c) of the 1994 Act; of which $1,300,000 shall be for Motor Vehicle Theft Prevention Programs, as authorized by section 220002(h) of the 1994 Act; of which $40,000,000 shall be for Drug Courts, as authorized by title V of the 1994 Act; of which $1,500,000 shall be for Law Enforcement Family Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; of which $2,000,000 shall be for public awareness programs addressing marketing scams aimed at senior citizens, as authorized by section 250005(3) of the 1994 Act; and of which $100,000,000 shall be for Juvenile Accountability Incentive Block Grants, except that such funds shall be subject to the same terms and conditions as set forth in the provisions under this heading for this program in Public Law 105-119, but all references in such provisions to 1998 shall be deemed to refer instead to 1999; of which $45,000,000 shall be available for the Indian Country Initiative: Provided further, That funds made available in fiscal year 2000 under subpart 1 of part E of title I of the 1968 Act may be obligated for programs to assist States in the litigation processing of death penalty Federal habeas corpus petitions and for drug testing initiatives: Provided further, That, if a unit of local government uses any of the funds made available under this title to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service. weed and seed program fund For necessary expenses, including salaries and related expenses of the Executive Office for Weed and Seed, to implement ``Weed and Seed'' program activities, $40,000,000 to remain available until expended, for intergovernmental agreements, including grants, cooperative agreements, and contracts, with State and local law enforcement agencies engaged in the investigation and prosecution of violent crimes and drug offenses in ``Weed and Seed'' designated communities, and for either reimbursements or transfers to appropriation accounts of the Department of Justice and other Federal agencies which shall be specified by the Attorney General to execute the ``Weed and Seed'' program strategy: Provided, That funds designated by Congress through language for other Department of Justice appropriation accounts for ``Weed and Seed'' program activities shall be managed and executed by the Attorney General through the Executive Office for Weed and Seed: Provided further, That the Attorney General may direct the use of other Department of Justice funds and personnel in support of ``Weed and Seed'' program activities only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act. community oriented policing services violent crime reduction programs For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 104-322) (referred to under this heading as the ``1994 Act''), including administrative costs, $325,000,000 to remain available until expended for Public Safety and Community Policing Grants pursuant to title I of the 1994 Act, of which $140,000,000 shall be derived from the Violent Crime Reduction Trust Fund: Provided, That $180,000,000 shall be available for school resource officers: Provided further, That not to exceed $17,325,000 shall be expended for program management and administration: Provided further, That of the unobligated balances available in this program, $170,000,000 shall be used for innovative community policing programs, of which $90,000,000 shall be used for the Crime Identification Technology Initiative, $25,000,000 shall be used for the Bulletproof Vest Program, and $25,000,000 shall be used for the Methamphetamine Program: Provided further, That the funds made available under this heading for the Methamphetamine Program shall be expended as directed in Senate Report 106-76: Provided further, That of the funds made available under this heading for school resource officers, $900,000 shall be for a grant to King County, Washington. juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, (``the Act''), including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, $277,597,000, to remain available until expended, as authorized by section 299 of part I of title II and section 506 of title V of the Act, as amended by Public Law 102-586, of which (1) notwithstanding any other provision of law, $6,847,000 shall be available for expenses authorized by part A of title II of the Act, $89,000,000 shall be available for expenses authorized by part B of title II of the Act, and $49,750,000 shall be available for expenses authorized by part C of title II of the Act, of which $500,000 shall be made available for the Youth Advocacy Program: Provided, That $26,500,000 of the amounts provided for part B of title II of the Act, as amended, is for the purpose of providing additional formula grants under part B to States that provide assurances to the Administrator that the State has in effect (or will have in effect no later than one year after date of application) policies and programs, that ensure that juveniles are subject to accountability-based sanctions for every act for which they are adjudicated delinquent; (2) $12,000,000 shall be available for expenses authorized by sections 281 and 282 of part D of title II of the Act for prevention and treatment programs relating to juvenile gangs; (3) $10,000,000 shall be available for expenses authorized by section 285 of part E of title II of the Act; (4) $15,000,000 shall be available for expenses authorized by part G of title II of the Act for juvenile mentoring programs; (5) $95,000,000 shall be available for expenses authorized by title V of the Act for incentive grants for local delinquency prevention programs; of which $20,000,000 shall be for delinquency prevention, control, and system improvement programs for tribal youth; of which $25,000,000 shall be available for grants of $360,000 to each state and $6,640,000 shall be available for discretionary grants to states, for programs and activities to enforce state laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training: Provided further, That upon the enactment of reauthorization legislation for Juvenile Justice Programs under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, funding provisions in this Act shall from that date be subject to the provisions of that legislation and any provisions in this Act that are inconsistent with that legislation shall no longer have effect: Provided further, That of amounts made available under the Juvenile Justice Programs of the Office of Justice Programs to carry out part B (relating to Federal Assistance for State and Local Programs), subpart II of part C (relating to Special Emphasis Prevention and Treatment Programs), part D (relating to Gang-Free Schools and Communities and Community-Based Gang Intervention), part E (relating to State Challenge Activities), and part G (relating to Mentoring) of title II of the Juvenile Justice and Delinquency Prevention Act of 1974, and to carry out the At-Risk Children's Program under title V of that Act, not more than 10 percent of each such amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized under the appropriate part or title, and not more than 2 percent of each such amount may be used for training and technical assistance activities designed to benefit the programs or activities authorized under that part or title: Provided further, That of the total amount appropriated not to exceed $550,000 shall be available to the Lincoln Action Program's Youth Violence Alternative Project. In addition, $38,000,000 shall be available for the Safe Schools Initiative. In addition, for grants, contracts, cooperative agreements, and other assistance authorized by the Victims of Child Abuse Act of 1990, as amended, $7,000,000, to remain available until expended, as authorized by section 214B of the Act. public safety officers benefits To remain available until expended, for payments authorized by part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, as authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340) and, in addition, $3,500,000, to remain available until expended, for programs authorized by section 1201(h) of said Act. General Provisions--Department of Justice Sec. 101. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General. Sec. 102. Section 110 of division C of Public Law 104-208 is repealed. Sec. 103. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. Sec. 104. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 105. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 104 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 106. Notwithstanding any other provision of law, not to exceed $10,000,000 of the funds made available in this Act may be used to establish and publicize a program under which publicly advertised, extraordinary rewards may be paid, which shall not be subject to spending limitations contained in sections 3059 and 3072 of title 18, United States Code: Provided, That any reward of $100,000 or more, up to a maximum of $2,000,000, may not be made without the personal approval of the President or the Attorney General and such approval may not be delegated. Sec. 107. Not to exceed 10 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 20 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Sec. 108. Notwithstanding any other provision of law, for fiscal year 2000 and thereafter, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice-- (1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office; and (2) shall have final authority over all grants, cooperative agreements, and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office. Sec. 109. (a)(1) Notwithstanding any other provision of law, for fiscal year 2000, the Attorney General may obligate any funds appropriated for or reimbursed to the Counterterrorism programs, projects or activities of the Department of Justice to purchase or lease equipment or any related items, or to acquire interim services, without regard to any otherwise applicable Federal acquisition rule, if the Attorney General determines that-- (A) there is an exigent need for the equipment, related items, or services in order to support an ongoing counterterrorism, national security, or computer-crime investigation or prosecution; (B) the equipment, related items, or services required are not available within the Department of Justice; and (C) adherence to that Federal acquisition rule would-- (i) delay the timely acquisition of the equipment, related items, or services; and (ii) adversely affect an ongoing counterterrorism, national security, or computer-crime investigation or prosecution. (2) In this subsection, the term ``Federal acquisition rule'' means any provision of title II or IX of the Federal Property and Administrative Services Act of 1949, the Office of Federal Procurement Policy Act, the Small Business Act, the Federal Acquisition Regulation, or any other provision of law or regulation that establishes policies, procedures, requirements, conditions, or restrictions for procurements by the head of a department or agency or the Federal Government. (b) The Attorney General shall immediately notify the Committees on Appropriations of the House of Representatives and the Senate in writing of each expenditure under subsection (a), which notification shall include sufficient information to explain the circumstances necessitating the exercise of the authority under that subsection. Sec. 110. Notwithstanding any other provision of law for fiscal year 2000 and thereafter, in any action brought by a prisoner under section 1979 of the Revised Statutes (42 U.S.C. 1983) against a Federal, State, or local jail, prison, or correctional facility, or any employee or former employee thereof, arising out of the incarceration of that prisoner-- (1) the financial records of a person employed or formerly employed by the Federal, State, or local jail, prison, or correctional facility, shall not be subject to disclosure without the written consent of that person or pursuant to a court order, unless a verdict of liability has been entered against that person; and (2) the home address, home phone number, social security number, identity of family members, personal tax returns, and personal banking information of a person described in paragraph (1), and any other records or information of a similar nature relating to that person, shall not be subject to disclosure without the written consent of that person, or pursuant to a court order. Sec. 111. Hereafter, for payments of judgments against the United States and compromise settlements of claims in suits against the United States arising from the Financial Institutions Reform, Recovery and Enforcement Act and its implementation, such sums as may be necessary, to remain available until expended: Provided, That the foregoing authority is available solely for payment of judgments and compromise settlements: Provided further, That payment of litigation expenses is available under existing authority and will continue to be made available as set forth in the Memorandum of Understanding between the Federal Deposit Insurance Corporation and the Department of Justice, dated October 2, 1998, and may not be paid from amounts provided in this Act. Sec. 112. Section 2(c) of the Public Law 104-232, as amended, is further amended by replacing ``five'' with ``three''. Sec. 113. Section 4006 of title 18, United States Code, is amended-- (1) by striking ``The Attorney General'' and inserting the following: ``(a) In General.--The Attorney General''; and (2) by adding at the end the following: ``(b) Health Care Items and Services.-- ``(1) In general.--Payment for costs incurred for the provision of health care items and services for individuals in the custody of the United States Marshals Service shall not exceed the lesser of the amount that would be paid for the provision of similar health care items and services under-- ``(A) the medicare program under title XVIII of the Social Security Act; or ``(B) the medicaid program under title XIX of such Act of the State in which the services were provided. ``(2) Full and final payment.--Any payment for a health care item or service made pursuant to this subsection, shall be deemed to be full and final payment.''. Sec. 114. (a) The Attorney General shall establish by plain rule that it shall be punishable conduct for any Department of Justice employee, in the discharge of his or her official duties, intentionally to-- (1) seek the indictment of any person in the absence of a reasonable belief of probable cause, as prohibited by the Principles of Federal Prosecution, U.S. Attorneys' Manual 9- 27.200 et seq.; (2) fail to disclose exculpatory evidence to the defense, in violation of his or her obligations under Brady v. Maryland, 373 U.S. 83 (1963); (3) mislead a court as to the guilt of any person by knowingly making a false statement of material fact or law; (4) offer evidence lawyers know to be false; (5) alter evidence in violation of 18 U.S.C. 1503; (6) attempt to corruptly influence or color a witness' testimony with the intent to encourage untruthful testimony, in violation of 18 U.S.C. 1503 and 1512; (7) violate a defendant's right to discovery under Federal Rule of Criminal Procedure 16(a); (8) offer or provide sexual activities to any government witness or potential witness as in exchange for or on account of his or her testimony; (9) improperly disseminate confidential, non-public information to any person during an investigation or trial, in violation of 28 C.F.R. 50.2, Federal Rule of Criminal Procedure 6(e); 18 U.S.C. 2511(1)(c), 18 U.S.C. 2232 (b) and (c), 26 U.S.C. 6103, or United States Attorneys' Manual 1-7.000 et seq. (b) The Attorney General shall establish a range of penalties for engaging in conduct described above that shall include-- (1) reprimand; (2) demotion; (3) dismissal; (4) referral of ethical charges to the bar; (5) suspension from employment; and (6) referral of the allegations, if appropriate, to a grand jury for possible criminal prosecution. (c) Subsection (a) is not intended to and does not create substantive rights on behalf of criminal defendants, civil litigants, targets or subjects of investigation, witnesses, counsel for represented parties or represented parties, or any other person, and shall not be a basis for dismissing criminal or civil charges or proceedings against any person or for excluding relevant evidence in any proceeding in any court of the United States. Sec. 115. (a) Hereafter, none of the funds made available by this or any other Act may be used to pay premium pay under title 5, United States Code, sections 5542 to 5549, to any individual employed as an attorney, including an Assistant United States Attorney, in the U.S. Department of Justice for any work performed on or after the date of enactment of this Act. (b) Hereafter, notwithstanding any other provision of law, neither the United States nor any individual or entity acting on its behalf shall be liable for premium pay under title 5, United States Code, sections 5542 to 5549, for any work performed on or after the date of enactment of this Act by any individual employed as an attorney in the Department of Justice, including an Assistant United States Attorney. Sec. 116. Notwithstanding any other provision of this Act, the total of the amounts appropriated under this title of this Act is reduced by $2,468,000, out of which the reductions for each account shall be made in accordance with the chart on fiscal year 2000 general pricing level adjustment dated May 4, 1999, provided to Congress by the Department of Justice. Sec. 117. Section 113 of the Department of Justice Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277), as amended by section 3028 of the Emergency Supplemental Appropriations Act, 1999 (Public Law 106-31), is further amended by striking the first comma and inserting ``for fiscal year 2000 and hereafter,''. Sec. 118. No funds provided in this Act may be used by the Office of Justice Programs to support a grant to pay for State and local law enforcement overtime in extraordinary, emergency situations unless the Appropriations Committees of both Houses of Congress are notified in accordance with the procedures contained in section 605 of this Act. Sec. 119. Hereafter, notwithstanding any other provision of law, the Attorney General shall grant a national interest waiver under section 203(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under section 203(b)(2)(A) of such Act (8 U.S.C. 1153(b)(2)(A)) if-- (1) the alien physician seeks to work in an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Department of Veterans Affairs; and (2) a Federal agency or a State department of public health has previously determined that the alien physician's work in such an area or at such facility was in the public interest. Sec. 120. For fiscal year 2000, the Director of the United States Marshals Service shall, within available funds, provide a magnetometer and not less than one qualified guard at each unsecured entrance to the real property (including offices, buildings, and related grounds and facilities) that is leased to the United States as a place of employment for Federal employees at 625 Silver, S.W., in Albuquerque, New Mexico. Sec. 121. Section 286(q)(1)(A) of the Immigration and Nationality Act of 1953 (8 U.S.C. 1356(q)(1)(A)), as amended, is further amended-- (1) by deleting clause (ii); (2) by renumbering clause (iii) as (ii); and (3) by striking ``, until September 30, 2000,'' in clause (iv) and renumbering that clause as (iii). Sec. 122. (a) In this section: (1) The term ``hate crime'' has the meaning given the term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). (2) The term ``older individual'' means an individual who is age 65 or older. (b) The Attorney General shall conduct a study concerning-- (1) whether an older individual is more likely than the average individual to be the target of a crime; (2) the extent of crimes committed against older individuals; and (3) the extent to which crimes committed against older individuals are hate crimes. (c) Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report containing the results of the study. Sec. 123. (a) In implementing the Institutional Hearing Program and the Institutional Removal Program of the Immigration and Naturalization Service, the Attorney General shall give priority to-- (1) those aliens serving a prison sentence for a serious violent felony, as defined in section 3559(c)(2)(F) of title 18, United States Code; and (2) those aliens arrested by the Border Patrol and subsequently incarcerated for drug violations. (b) Not later than March 31, 2000, the Attorney General shall submit a report to Congress describing the steps taken to carry out subsection (a). Sec. 124. Notwithstanding any other provision of law, $190,000 of funds granted to the City of Camden, New Jersey, in 1996 as a part of a Federal local law enforcement block grant may be retained by Camden and spent for the purposes permitted by the grant through the end of fiscal year 2000. This title may be cited as the ``Department of Justice Appropriations Act, 2000''. TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES Trade and Infrastructure Development RELATED AGENCIES Office of the United States Trade Representative salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $26,067,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $98,000 shall be available for official reception and representation expenses. International Trade Commission salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $45,700,000, to remain available until expended. DEPARTMENT OF COMMERCE International Trade Administration operations and administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, and engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the United States and Foreign Commercial Service between two points abroad, without regard to 49 U.S.C. 1517; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $30,000 per vehicle; obtain insurance on official motor vehicles; and rent tie lines and teletype equipment, $290,696,000, to remain available until expended, of which $3,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That of the $311,344,000 provided for in direct obligations (of which $308,344,000 is appropriated from the General Fund, $3,000,000 is derived from fee collections, $68,729,000 shall be for Trade Development, $22,549,000 shall be for Market Access and Compliance, $31,420,000 shall be for the Import Administration, $169,398,000 shall be for the United States and Foreign Commercial Service, $14,449,000 shall be for Executive Direction and Administration, and $4,799,000 shall be for carryover restoration: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act shall include payment for assessments for services provided as part of these activities. Export Administration operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $55,931,000 to remain available until expended, of which $1,877,000 shall be for inspections and other activities related to national security: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments: Provided further, That no funds may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China, unless, at least 15 days in advance, the Committees on Appropriations of the House and the Senate and other appropriate Committees of the Congress are notified of such proposed action. Economic Development Administration economic development assistance programs For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, as amended, and for trade adjustment assistance, $203,379,000 to be made available until expended. salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $24,937,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, as amended, title II of the Trade Act of 1974, as amended, and the Community Emergency Drought Relief Act of 1977. Minority Business Development Agency minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $27,627,000. Economic and Information Infrastructure Economic and Statistical Analysis salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $51,158,000, to remain available until September 30, 2001. Bureau of the Census salaries and expenses For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $156,944,000. periodic censuses and programs For expenses necessary to conduct the decennial census, $2,789,545,000 to remain available until expended. In addition, for expenses to collect and publish statistics for other periodic censuses and programs provided for by law, $125,209,000, to remain available until expended. National Telecommunications and Information Administration salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $11,009,000, to remain available until expended: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That hereafter, notwithstanding any other provision of law, NTIA shall not authorize spectrum use or provide any spectrum functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to any Federal entity without reimbursement as required by NTIA for such spectrum management costs, and Federal entities withholding payment of such cost shall not use spectrum: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of the NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. public telecommunications facilities, planning and construction For grants authorized by sections 391 and 392 of the Communications Act of 1934, as amended, $30,000,000, to remain available until expended as authorized by section 391 of the Act, as amended: Provided, That not to exceed $1,800,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That notwithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year: Provided further, That, hereafter, notwithstanding any other provision of law, the Pan-Pacific Education and Communication Experiments by Satellite (PEACESAT) Program is eligible to compete for Public Telecommunications Facilities, Planning and Construction funds. information infrastructure grants For grants authorized by section 392 of the Communications Act of 1934, as amended, $18,102,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed $3,000,000 shall be available for program administration and other support activities as authorized by section 391: Provided further, That, of the funds appropriated herein, not to exceed 5 percent may be available for telecommunications research activities for projects related directly to the development of a national information infrastructure: Provided further, That, notwithstanding the requirements of section 392(a) and 392(c) of the Act, these funds may be used for the planning and construction of telecommunications networks for the provision of educational, cultural, health care, public information, public safety, or other social services: Provided further, That notwithstanding any other provision of law, no entity that receives telecommunications services at preferential rates under section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance under the regional information sharing systems grant program of the Department of Justice under part M of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this heading to cover any costs of the entity that would otherwise be covered by such preferential rates or such assistance, as the case may be. Patent and Trademark Office salaries and expenses For necessary expenses of the Patent and Trademark Office provided for by law, including defense of suits instituted against the Commissioner of Patents and Trademarks, $785,976,000, to remain available until expended: Provided, That of this amount, $785,976,000 shall be derived from offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received during fiscal year 2000, so as to result in a final fiscal year 2000 appropriation from the General Fund estimated at $0: Provided further, That, during fiscal year 2000, should the total amount of offsetting fee collections be less than $785,976,000, the total amounts available to the Patent and Trademark Office shall be reduced accordingly: Provided further, That any amount received in excess of $785,976,000 in fiscal year 2000 shall remain available until expended, but shall not be available for obligation until October 1, 2000. Science and Technology Technology Administration under secretary for technology/office of technology policy salaries and expenses For necessary expenses for the Under Secretary for Technology/ Office of Technology Policy, $7,972,000, of which not to exceed $600,000 shall remain available until September 30, 2001. National Institute of Standards and Technology scientific and technical research and services For necessary expenses of the National Institute of Standards and Technology, $288,128,000, to remain available until expended, of which not to exceed $282,000 may be transferred to the ``Working Capital Fund''. industrial technology services For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology, $109,836,000, to remain available until expended. In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Standards and Technology, $226,500,000, to remain available until expended, of which not to exceed $73,000,000 shall be available for the award of new grants, and of which not to exceed $500,000 may be transferred to the ``Working Capital Fund''. construction of research facilities For construction of new research facilities, including architectural and engineering design, and for renovation of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c-278e, $117,500,000, to remain available until expended, of which not to exceed $10,000,000 shall be used to fund a cooperative agreement with the University of South Carolina School of Medicine, and of which not to exceed $10,000,000 shall be used to fund a cooperative agreement with Dartmouth College. National Oceanic and Atmospheric Administration operations, research, and facilities (including transfers of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities as authorized by 33 U.S.C. 883i; $1,783,118,000, to remain available until expended, of which $6,000,000 shall be used by the National Ocean Service as response and restoration funding for coral reef assessment, monitoring, and restoration, and from available funds, $1,000,000 shall be made available for essential fish habitat activities, and $250,000 shall be made available for a bull trout habitat conservation plan, of which $112,520,000 shall be used for resource information activities of the National Marine Fisheries Service and $806,000 shall be used for the Narragansett Bay cooperative study conducted by the Rhode Island Department of Environmental Management in cooperation with the Federal Government, of which $390,000 shall be used by the National Ocean Service to upgrade an additional 13 Great Lakes water gauging stations in order to ensure compliance with Year 2000 (Y2K) computer date processing requirements: Provided, That fees and donations received by the National Ocean Service for the management of the national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That in addition, $66,426,000 shall be derived by transfer from the fund entitled ``Promote and Develop Fishery Products and Research Pertaining to American Fisheries'': Provided further, That grants to States pursuant to sections 306 and 306A of the Coastal Zone Management Act of 1972, as amended, shall not exceed $2,000,000: Provided further, That the Secretary of Commerce shall make funds available to implement the mitigation recommendations identified subsequent to the ``1995 Secretary's Report to Congress on Adequacy of NEXRAD Coverage and Degradation of Weather Services'', and shall ensure continuation of weather service coverage for these communities until mitigation activities are completed: Provided further, That no general administrative charge shall be applied against any assigned activity included in this Act and, further, that any direct administrative expenses applied against assigned activities shall be limited to five percent of the funds provided for that assigned activity: Provided further, That of the amount made available under this heading for the National Marine Fisheries Services Pacific Salmon Treaty Program, $5,000,000 is appropriated for a Southern Boundary and Transboundary Rivers Restoration Fund, subject to express authorization: Provided further, That the Secretary may proceed as he deems necessary to have the National Oceanic and Atmospheric Administration occupy and operate its research facilities which are located at Lafayette, Louisiana. procurement, acquisition and construction (including transfers of funds) For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $670,578,000, to remain available until expended: Provided, That unexpended balances of amounts previously made available in the ``Operations, Research, and Facilities'' account for activities funded under this heading may be transferred to and merged with this account, to remain available until expended for the purposes for which the funds were originally appropriated. pacific coastal salmon recovery For necessary expenses associated with the restoration of Pacific salmon populations listed under the Endangered Species Act, $100,000,000: Provided, That, of the amounts provided, $18,000,000 each is made available as direct payments to the States of California, Oregon, Washington, and $20,000,000 is made available as a direct payment to the State of Alaska: Provided further, That, of the amounts provided, $6,000,000 shall be made available to Pacific Coastal tribes (as defined by the Secretary of Commerce) through the Department of Commerce, which shall allocate the funds to tribes in California and Oregon, and to tribes in Washington after consultation with the Washington State Salmon Recovery Funding Board: Provided further, That the Secretary ensure the aforementioned $6,000,000 be used for restoration of Pacific Salmonid populations listed under the Endangered Species Act: Provided further, That funds to tribes in Washington shall be used only for grants for planning (not to exceed 10 percent of grant), physical design, and completion of restoration projects: Provided further, That each tribe receiving a grant in Washington State derived from the aforementioned $6,000,000 provide a report on the specific use and effectiveness of such recovery project grant in restoring listed Pacific Salmonid populations, which report shall be made public and shall be provided to the Committees on Appropriations in the United States House of Representatives and the United States Senate through the Salmon Recovery Funding Board by December 1, 2000: Provided further, That $15,000,000 is made available to the State of Washington as a direct payment for implementation of the June 3, 1999 Agreement of the United States and Canada on the Treaty Between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, 1985 (hereafter referred to as the ``Pacific Salmon Treaty'') extending the Treaty framework to include habitat protection objectives: Provided further, That $5,000,000 is made available as a direct payment to the State of Alaska for implementation of the June 3, 1999 Agreement of the United States and Canada on the Pacific Salmon Treaty extending the Treaty framework to include habitat protection objectives for fisheries enhancement measures. coastal zone management fund Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act. fishermen's contingency fund For carrying out the provisions of title IV of Public Law 95-372, not to exceed $953,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. foreign fishing observer fund For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended (Public Law 100-627), and the American Fisheries Promotion Act (Public Law 96-561), to be derived from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $189,000, to remain available until expended. fisheries finance program account For the cost of direct loans, $2,038,000, as authorized by the Merchant Marine Act of 1936, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery. General Administration salaries and expenses For expenses necessary for the general administration of the Department of Commerce provided for by law, including not to exceed $3,000 for official entertainment, $34,046,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (App. 1-11 as amended by Public Law 100-504), $17,900,000. fisheries promotional fund (rescission) Of the unobligated balances available under this heading, $1,187,000 are rescinded. General Provisions--Department of Commerce Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. Sec. 202. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901-5902). Sec. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Sec. 204. None of the funds provided in this or any previous Act, or hereinafter made available to the Department of Commerce, shall be available to reimburse the Unemployment Trust Fund or any other fund or account of the Treasury to pay for any expenses paid before October 1, 1992, as authorized by section 8501 of title 5, United States Code, for services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population. Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 206. Any costs incurred by a Department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such Department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 207. The Secretary of Commerce may award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). Sec. 208. The Secretary of Commerce may use the Commerce franchise fund for expenses and equipment necessary for the maintenance and operation of such administrative services as the Secretary determines may be performed more advantageously as central services, pursuant to section 403 of Public Law 103-356: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed 4 percent of the total annual income to such fund may be retained in the fund for fiscal year 2000 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment, and for the improvement and implementation of Department financial management, ADP, and other support systems: Provided further, That such amounts retained in the fund for fiscal year 2000 and each fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act: Provided further, That no later than 30 days after the end of each fiscal year, amounts in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury: Provided further, That such franchise fund pilot program shall terminate pursuant to section 403(f) of Public Law 103-356. Sec. 209. New England Fishery Management Council. Section 302(a)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(A)) is amended-- (1) by striking ``17'' and inserting ``18''; and (2) by striking ``11'' and inserting ``12''. Sec. 210. Sense of Senate with Respect to Promoting Travel and Tourism. (a) Findings.--Congress finds that-- (1) an effective public-private partnership of Federal, State, and local governments and the travel and tourism industry can successfully market the United States as the premiere international tourist destination in the world; (2) the private sector, States, and cities currently spend more than $1,000,000,000 annually to promote particular destinations within the United States to international visitors; (3) other nations are spending hundreds of millions of dollars annually to promote the visits of international tourists to their countries, and the United States will miss a major marketing opportunity if it fails to aggressively compete for an increased share of international tourism expenditures as they continue to increase over the next decade; (4) a well-funded, well-coordinated international marketing effort, combined with additional public and private sector efforts, would help small and large businesses, as well as State and local governments, share in the anticipated growth of the international travel and tourism market in the 21st century; and (5) a long-term marketing effort should be supported to promote increased travel to the United States for the benefit of every sector of the economy. (b) Sense of the Senate.--It is the sense of the Senate that Congress should enact this year, with adequate funding from available resources, legislation that would support international promotional activities by the United States National Tourism Organization to help brand, position, and promote the United States as the premiere travel and tourism destination in the world. Sec. 211. Study of a General Electronic Extension Program. Not later than 6 months after the enactment of this Act, the Secretary of Commerce shall report to Congress on possible benefits from a general electronic commerce extension program to help small businesses, not limited to manufacturers, in all parts of the Nation identify and adopt electronic commerce technology and techniques, so that such businesses can fully participate in electronic commerce. Such a general extension service would be analogous to the Manufacturing Extension Program managed by the National Institute of Standards and Technology, and the Cooperative Extension Service managed by the Department of Agriculture. The report shall address, at a minimum, the following-- (1) the need for or opportunity presented by such a program; (2) some of the specific services that such a program should provide and to whom; (3) how such a program would serve firms in rural or isolated areas; (4) how such a program should be established, organized, and managed; (5) the estimated costs of such a program; and (6) the potential benefits of such a program to both small businesses and the economy as a whole. Sec. 212. Sense of the Senate Regarding the European Council Noise Rule Affecting Hushkitted and Reengined Aircraft. (a) Findings.--The Senate finds that-- (1) for more than 50 years, the International Civil Aviation Organization (ICAO) has been the single entity vested with the authority to establish international noise and emissions standards; through ICAO's efforts, aircraft noise has decreased by an average of 40 percent since 1970; (2) ICAO is currently working on an expedited basis on even more stringent international noise standards, taking into account economic reasonableness, technical feasibility and environmental benefits; (3) international noise and emissions standards are critical to maintaining United States aeronautical industries' economic viability and to obtaining their ongoing commitment to progressively more stringent noise reduction efforts; (4) European Council (EC) Regulation No. 925/1999, banning certain aircraft meeting the highest internationally recognized noise standards from flying in Europe, undermines the integrity of the ICAO process and undercuts the likelihood that new Stage 4 standards can be developed; (5) while no regional standard is acceptable, this regulation is particularly offensive; there is no scientific basis for the regulation and it has been carefully crafted to protect European aviation interests while imposing arbitrary, substantial and unfounded cost burdens on United States aeronautical industries; (6) the vast majority of aircraft that will be affected by EC Regulation No. 925/1999 are operated by United States flag carriers; and (7) the implementation of EC Regulation No. 925/1999 will result in a loss of jobs in the United States and may cost the United States aviation industry in excess of $2,000,000,000. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) EC Regulation No. 925/1999 should be rescinded by the EC at the earliest possible time; (2) that if this is not done, the Department of State should file a petition regarding EC Regulation No. 925/1999 with ICAO pursuant to Article 84 of the Chicago Convention; and (3) the Departments of Commerce and Transportation and the United States Trade Representative should use all reasonable means available to them to ensure that the goal of having the rule repealed is achieved. This title may be cited as the ``Department of Commerce and Related Agencies Appropriations Act, 2000''. TITLE III--THE JUDICIARY Supreme Court of the United States salaries and expenses For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $35,903,000. care of the building and grounds For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $9,652,000, of which $6,751,000 shall remain available until expended. United States Court of Appeals for the Federal Circuit salaries and expenses For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $16,911,000. United States Court of International Trade salaries and expenses For salaries of the chief judge and 8 judges, salaries of the officers and employees of the court, services as authorized by 5 U.S.C. 3109, and necessary expenses of the court, as authorized by law, $11,957,000. Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, as authorized by law, $2,892,265,000 (including the purchase of firearms and ammunition); of which not to exceed $19,150,000 shall remain available until expended for space alteration projects; and of which not to exceed $10,000,000 shall remain available until expended for furniture and furnishings related to new space alteration and construction projects. In addition, $100,000,000 for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $2,581,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. defender services For the operation of Federal Public Defender and Community Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964, as amended; the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services under the Criminal Justice Act; the compensation (in accordance with Criminal Justice Act maximums) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of travel expenses of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences; and the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d), $353,888,000, to remain available until expended as authorized by 18 U.S.C. 3006A(i). fees of jurors and commissioners For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), $60,918,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code. Court Security For necessary expenses, not otherwise provided for, incident to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control, inspection of packages, directed security patrols, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702), $196,026,000, of which not to exceed $10,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General. Administrative Office of the United States Courts salaries and expenses For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $56,054,000, of which not to exceed $10,000 is authorized for official reception and representation expenses. Federal Judicial Center salaries and expenses For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $18,476,000; of which $1,800,000 shall remain available through September 30, 2001, to provide education and training to Federal court personnel; and of which not to exceed $1,000 is authorized for official reception and representation expenses. Judicial Retirement Funds payment to judiciary trust funds For payment to the Judicial Officers' Retirement Fund, as authorized by 28 U.S.C. 377(o), $29,500,000; to the Judicial Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), $8,000,000; and to the United States Court of Federal Claims Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,200,000. United States Sentencing Commission salaries and expenses For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $9,743,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. General Provisions--The Judiciary Sec. 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. Sec. 302. Not to exceed 10 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except ``Courts of Appeals, District Courts, and Other Judicial Services, Defender Services'' and ``Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners'', shall be increased by more than 20 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for district courts, courts of appeals, and other judicial services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $12,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference. Sec. 304. Pursuant to section 140 of Public Law 97-92, Justices and judges of the United States are authorized during fiscal year 2000, to receive a salary adjustment in accordance with 28 U.S.C. 461: Provided, That $9,611,000 is appropriated for salary adjustments pursuant to this section and such funds shall be transferred to and merged with appropriations in title III of this Act. Sec. 305. Notwithstanding any other provision of law, in addition to funds appropriated elsewhere in this title, $2,700,000 is appropriated to the ``Courts of Appeals, District Courts, and Other Judicial Services'' and is provided for the Institute at Saint Anselm College and the New Hampshire State Library. Sec. 306. Section 604(a)(5) of title 28, United States Code, is amended by adding before the semicolon at the end thereof the following: ``, and, notwithstanding any other provision of law, pay on behalf of justices and judges of the United States appointed to hold office during good behavior, aged 65 or over, any increases in the cost of Federal Employees' Group Life Insurance imposed after April 24, 1999, including any expenses generated by such payments, as authorized by the Judicial Conference of the United States''. Sec. 307. Place of Holding Court at Central Islip, New York. The second paragraph of section 112(c) of title 28, United States Code, is amended to read ``Court for the Eastern District shall be held at Brooklyn, Hauppauge, Hempstead (including the village of Uniondale), and Central Islip.''. Sec. 308. West Virginia Clerk Consolidation Approval. Pursuant to the requirements of section 156(d) of title 28, United States Code, Congress hereby approves the consolidation of the Office of the Bankruptcy Clerk with the Office of the District Clerk of Court in the Southern District of West Virginia. Sec. 309. Senior Judge's Chambers in Provo, Utah. The Internal Revenue Service is directed to vacate sufficient space in the Federal Building in Provo, Utah as soon as practicable to provide space for a senior judge's chambers in that building. The General Services Administration is directed to provide interim space for a senior judge's chambers in Provo, Utah and to complete a permanent senior judge's chambers in the Federal Building located in that city as soon as practicable. Sec. 310. (a) In General.--Section 3006A(d)(4)(D)(vi) of title 18, United States Code, is amended by adding after the word ``require'' the following: ``, except that the amount of the fees shall not be considered a reason justifying any limited disclosure under section 3006A(d)(4) of title 18, United States Code''. (b) Effective Date.--This section shall apply to all disclosures made under section 3006A(d) of title 18, United States Code, related to any criminal trial or appeal involving a sentence of death where the underlying alleged criminal conduct took place on or after April 19, 1995. This title may be cited as ``The Judiciary Appropriations Act, 2000''. TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic and consular programs For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including expenses authorized by the State Department Basic Authorities Act of 1956, as amended, the Mutual Educational and Cultural Exchange Act of 1961, as amended, and the United States Information and Educational Exchange Act of 1948, as amended, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $700,000 of this appropriation), as authorized by section 801 of such Act of 1948; expenses authorized by section 9 of the Act of August 31, 1964, as amended; representation to certain international organizations in which the United States participates pursuant to treaties, ratified pursuant to the advice and consent of the Senate, or specific Acts of Congress; arms control, nonproliferation, and disarmament activities as authorized by the Arms Control and Disarmament Act of September 26, 1961, as amended; acquisition by exchange or purchase of passenger motor vehicles as authorized by law; and for expenses of general administration, $2,671,429,000: Provided, That, of the amount made available under this heading, not to exceed $4,000,000 may be transferred to, and merged with, funds in the ``Emergencies in the Diplomatic and Consular Service'' appropriations account, to be available only for emergency evacuations and terrorism rewards: Provided further, That of the amount made available under this heading, $299,480,000 shall be available only for worldwide security upgrades: Provided further, That of the amount made available under this heading, $500,000 shall be available only for the National Law Center for Inter- American Free Trade: Provided further, That of the amount made available under this heading, $5,000,000 shall be available only for overseas continuing language education: Provided further, That of the amount made available under this heading, $13,500,000 shall be available only for the East-West Center: Provided further, That of the amount made available under this heading, $6,000,000 shall be available only for overseas representation expenses: Provided further, That of the amount made available under this heading, not to exceed $125,000 shall be available only for the Maui Pacific Center: Provided further, That no employee of the Department of State shall be detailed to another agency, organization, or institution on a reimbursable or non- reimbursable basis for a total of more than 2 years during any 5-year period, unless the Secretary of State determines that a detail for a period more than a total of 2 years during any 5 year period would further the interests of the Department of State: Provided further, That not later than 3 months after the date of enactment of this Act, each employee of the Department of State who has served on detail to another agency, organization, or institution for a total of more than 2 years during the 5-year period preceding the date of enactment of this Act shall terminate the detail, unless the Secretary of State determines that the extension of the detail would further the interests of the Department of State: Provided further, That notwithstanding section 140(a)(5), and the second sentence of section 140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, fees may be collected during fiscal year 2000 and each fiscal year thereafter, under the authority of section 140(a)(1) of that Act: Provided further, That all fees collected under the preceding proviso shall be deposited as an offsetting collection to appropriations made under this heading to recover costs as set forth under section 140(a)(2) of that Act and shall remain available until expended: Provided further, That of the amount made available under this heading for the Bureau of Oceans and International Environment and Scientific Affairs, $5,000,000 is appropriated for a Northern Boundary and Transboundary Rivers Restoration Fund: Provided further, That of the amount made available under this heading, not less than $11,000,000 shall be available for the Office of Defense Trade Controls. In addition, not to exceed $1,252,000 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act, as amended; in addition, as authorized by section 5 of such Act, $490,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; in addition, not to exceed $6,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching, library, motion pictures, and publication programs, and from fees from educational advising and counseling, and exchange visitor program services as authorized by section 810 of such Act of 1948; and, in addition, not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities in accordance with section 46 of the State Department Basic Authorities Act of 1956. capital investment fund For necessary expenses of the Capital Investment Fund, $80,000,000, to remain available until expended, as authorized in Public Law 103- 236: Provided, That section 135(e) of Public Law 103-236 shall not apply to funds available under this heading. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App.), $26,495,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980, as amended (Public Law 96-465), as it relates to post inspections. educational and cultural exchange programs For expenses of educational and cultural exchange programs, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), as amended, $216,476,000, to remain available until expended as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455): Provided, That not to exceed $800,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching and publication programs as authorized by section 810 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other provision of law, fees from educational advising and counseling: Provided further, That, of the amount appropriated under this heading for the Fulbright program, such sums as may be available may be used for the Tibetan Exchange Program. national endowment for democracy For grants by the Department of State to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $30,000,000, to remain available until expended: Provided, That, in lieu of the dollar amount specified under the heading ``capital investment fund'' in this Act, the dollar amount under that heading shall be considered to be $50,000,000. representation allowances For representation allowances as authorized by section 905 of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $5,850,000. protection of foreign missions and officials For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000, to remain available until September 30, 2000. security and maintenance of united states missions For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, maintaining, repairing, and planning for, buildings that are owned or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Main State Building, and carrying out the Diplomatic Security Construction Program as authorized by title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851), $583,496,000, to remain available until expended as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture and furnishings and generators for other departments and agencies. emergencies in the diplomatic and consular service For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e), and as authorized by section 804(3) of the United States Information and Educational Exchange Act of 1948, as amended, $7,000,000 to remain available until expended as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may be transferred to and merged with the Repatriation Loans Program Account, subject to the same terms and conditions. repatriation loans program account For the cost of direct loans, $593,000, as authorized by section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses necessary to carry out the direct loan program, $607,000, which may be transferred to and merged with the Salaries and Expenses account under Administration of Foreign Affairs. payment to the american institute in taiwan For necessary expenses to carry out the Taiwan Relations Act, Public Law 96-8, $16,000,000. payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $128,541,000. International Organizations and Conferences contributions to international organizations For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, ratified pursuant to the advice and consent of the Senate, or specific Acts of Congress, $943,308,000, of which not to exceed $107,000,000 shall remain available until expended for payment of arrearages: Provided, That none of the funds appropriated or otherwise made available by this Act for payment of arrearages may be obligated or expended unless such obligation or expenditure is expressly authorized by the enactment of a separate Act that makes payment of arrearages contingent upon United Nations reforms: Provided further, That any payment of arrearages shall be directed toward special activities that are mutually agreed upon by the United States and the respective international organization. contributions for international peacekeeping activities For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $280,925,000, of which not to exceed $28,093,000 shall remain available until September 30, 2001, and of which not to exceed $137,000,000 shall remain available until expended for payment of arrearages: Provided, That none of the funds appropriated or otherwise made available by this Act for payment of arrearages may be obligated or expended unless such obligation or expenditure is expressly authorized by the enactment of a separate Act that makes payment of arrearages contingent upon United Nations reforms: Provided further, That any additional amount provided, not to exceed $107,000,000, which is owed by the United Nations to the United States as a reimbursement, including any reimbursement under the Foreign Assistance Act of 1961 or the United Nations Participation Act of 1945, that was owed to the United States before the date of enactment of this Act shall be applied or used, without fiscal year limitation, to reduce any amount owed by the United States to the United Nations, except that any such reduction pursuant to the authority in this paragraph shall not be made unless expressly authorized by the enactment of a separate Act that makes payment of arrearages contingent upon United Nations reform: Provided further, That the funds provided under this heading (other than funds provided to pay arrearages) shall be disbursed in the manner described in the following table: Mission Amount UN Disengagement Observer Force...................... $8,900,000 UN Interim Force in Lebanon.......................... 34,000,000 UN Iraq/Kuwait Observer Mission...................... 4,500,000 UN Mission in Bosnia and Herzegovina/UN Mission of 50,000,000 Observers in Prevlaka. UN Force in Cyprus................................... 6,500,000 UN Observer Mission in Georgia....................... 5,500,000 UN Mission of Observers to Tajikistan................ 7,000,000 UN Observer Mission in Sierra Leone.................. 8,500,000 War Crimes Tribunal--Yugoslavia and Rwanda........... 15,525,000 UN Observer Mission to East Timor.................... 3,500,000 International Commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: international boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows: salaries and expenses For salaries and expenses, not otherwise provided for, $19,551,000. construction For detailed plan preparation and construction of authorized projects, $5,939,000, to remain available until expended, as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)). american sections, international commissions For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the Border Environment Cooperation Commission as authorized by Public Law 103-182, $5,733,000, of which not to exceed $9,000 shall be available for representation expenses incurred by the International Joint Commission. international fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $15,549,000: Provided, That the United States' share of such expenses may be advanced to the respective commissions, pursuant to 31 U.S.C. 3324: Provided further, That of the amounts made available for the Inter-American Tropical Tuna Commission in fiscal year 2000, not more than $2,350,000 may be obligated and expended: Provided further, That no tuna may be imported in any year from any High Contracting Party to the Convention establishing the Commission (TIAS 2044; 1 UST 231) unless the Party has paid a share of the joint expenses of the Commission proportionate to the share of the total catch from the previous year from the fisheries covered by the Convention which is utilized by that Party. OTHER Eisenhower Exchange Fellowship Program Trust Fund For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2000, to remain available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for purposes which are not in accordance with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal services. Israeli Arab Scholarship Program For necessary expenses of the Israeli Arab Scholarship Program as authorized by section 214 of the Foreign Relations Authorization Act, fiscal years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2000, to remain available until expended. East-West Center To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $12,500,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376. RELATED AGENCIES Broadcasting Board of Governors international broadcasting operations For expenses necessary to enable the Broadcasting Board of Governors, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, the United States International Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 1977, as amended, and the Foreign Affairs Reform and Restructuring Act of 1998, to carry out international communication activities, $362,365,000, of which not to exceed $16,000 may be used for official receptions within the United States as authorized by section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be used for representation abroad as authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in addition, notwithstanding any other provision of law, not to exceed $2,000,000 in receipts from advertising and revenue from business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes. broadcasting to cuba For expenses necessary to enable the Broadcasting Board of Governors to carry out the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and the International Broadcasting Act of 1994, and the Foreign Affairs Reform and Restructuring Act of 1998, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception, $23,664,000, to remain available until expended: Provided, That funds may be used to purchase or lease, maintain, and operate such aircraft (including aerostats) as may be required to house and operate necessary television broadcasting equipment. radio construction For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471), $13,245,000, to remain available until expended, as authorized by section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)). General Provisions--Department of State and Related Agencies Sec. 401. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C. 1343(b). Sec. 402. Not to exceed 10 percent of any appropriation made available for the current fiscal year for the Department of State in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 20 percent by any such transfers: Provided, That not to exceed 10 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 20 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 403. The Secretary of State is authorized to administer summer travel and work programs without regard to preplacement requirements. Sec. 404. None of the funds made available in this Act may be used by the Department of State or the Broadcasting Board of Governors to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. Sec. 405. None of the funds appropriated or otherwise made available by this Act or any other Act for fiscal year 2000 or any fiscal year thereafter should be obligated or expended for the operation of a United States consulate or diplomatic facility in Jerusalem unless such consulate or diplomatic facility is under the supervision of the United States Ambassador to Israel. Sec. 406. None of the funds appropriated or otherwise made available by this Act or any other Act for fiscal year 2000 or any fiscal year thereafter may be obligated or expended for the publication of any official Government document which lists countries and their capital cities unless the publication identifies Jerusalem as the capital of Israel. Sec. 407. For the purposes of registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary of State shall, upon request of the citizen, record the place of birth as Israel. Sec. 408. None of the funds appropriated or otherwise made available in this Act for the United Nations may be used by the United Nations for the promulgation or enforcement of any treaty, resolution, or regulation authorizing the United Nations, or any of its specialized agencies or affiliated organizations, to tax any aspect of the Internet. Sec. 409. Extension of Temporary Protected Status for Certain Nationals of Liberia. (a) Continuation of Status.--Notwithstanding any other provision of law, any alien described in subsection (b) who, as of the date of enactment of this Act, is registered for temporary protected status in the United States under section 244(c)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(1)(A)(iv)), or any predecessor law, order, or regulation, shall be entitled to maintain that status through September 30, 2000. (b) Covered Aliens.--An alien referred to in subsection (a) is a national of Liberia or an alien who has no nationality and who last habitually resided in Liberia. Sec. 410. Notification of Intent to Sell Certain United States Properties. Consistent with the regular notification procedures established pursuant to section 34 of the State Department Basic Authorities Act of 1956, the Secretary of State shall notify in writing the Committees on Foreign Relations and Appropriations in the Senate and the Committees on International Relations and Appropriations in the House of Representatives sixty days in advance of any action taken by the Department to enter into any contract for the final sale of properties owned by the United States that have served as United States Embassies, Consulates General, or residences for United States Ambassadors, Chiefs of Missions, or Consuls General. This title may be cited as the ``Department of State and Related Agencies Appropriations Act, 2000''. TITLE V--RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Maritime Administration maritime security program For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $98,700,000, to remain available until expended. operations and training For necessary expenses of operations and training activities authorized by law, $72,664,000. maritime guaranteed loan (title xi) program account For the cost of guaranteed loans, as authorized by the Merchant Marine Act, 1936, $11,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,000,000,000. In addition, for administrative expenses to carry out the guaranteed loan program, not to exceed $3,893,000, which shall be transferred to and merged with the appropriation for Operations and Training. administrative provisions--maritime administration Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefore shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts. Census Monitoring Board For necessary expenses of the Census Monitoring Board, as authorized by section 210 of Public Law 105-119, $4,000,000, to remain available until expended. Commission for the Preservation of America's Heritage Abroad salaries and expenses For expenses for the Commission for the Preservation of America's Heritage Abroad, $490,000, as authorized by section 1303 of Public Law 99-83. Commission on Civil Rights salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $8,900,000: Provided, That not to exceed $50,000 may be used to employ consultants: Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of 4 full-time individuals under Schedule C of the Excepted Service exclusive of 1 special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson who is permitted 125 billable days. Commission on Security and Cooperation In Europe salaries and expenses For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94-304, $1,250,000, to remain available until expended as authorized by section 3 of Public Law 99-7. Equal Employment Opportunity Commission salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to private citizens; and not to exceed $29,000,000 for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, as amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, $279,000,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds. Federal Communications Commission salaries and expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase (not to exceed 16) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $232,805,000, of which not to exceed $300,000 shall remain available until September 30, 2001, for research and policy studies: Provided, That $185,754,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, as amended, and shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2000 so as to result in a final fiscal year 2000 appropriation estimated at $47,051,000: Provided further, That any offsetting collections received in excess of $185,754,000 in fiscal year 2000 shall remain available until expended, but shall not be available for obligation until October 1, 2000. Notwithstanding any other provision of law, the Federal Communications Commission is authorized to operate, maintain, and repair its headquarters building, and may negotiate with the lessor or place orders for alterations or building services. Federal Maritime Commission salaries and expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-02, $14,150,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses. Federal Trade Commission salaries and expenses For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $114,059,000: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718, as amended: Provided further, That, notwithstanding any other provision of law, not to exceed $114,059,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received during fiscal year 2000, so as to result in a final fiscal year 2000 appropriation from the General Fund estimated at not more than $0, to remain available until expended: Provided further, That none of the funds made available to the Federal Trade Commission shall be available for obligation for expenses authorized by section 151 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102- 242, 105 Stat. 2282-2285). Legal Services Corporation payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $300,000,000, of which $289,000,000 is for basic field programs and required independent audits; $2,100,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; and $8,900,000 is for management and administration: Provided further, That any unobligated balances remaining available at the end of the fiscal year may be reallocated among participating programs for technology enhancements and demonstration projects in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act. administrative provision--legal services corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, and 504 of Public Law 105-119 (111 Stat. 2510), and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 of the law to 1997 and 1998 shall be deemed to refer instead to 1999 and 2000, respectively. Marine Mammal Commission salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92-522, as amended, $1,300,000. Securities and Exchange Commission salaries and expenses For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception and representation expenses, $0; and, in addition, to remain available until expended, from fees collected in fiscal year 1998, $130,800,000, and from fees collected in fiscal year 2000, $240,000,000; of which not to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of technical assistance for the development of foreign securities markets, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including: (1) such incidental expenses as meals taken in the course of such attendance; (2) any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provided, That fees and charges authorized by sections 6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account as offsetting collections: Provided further, That the Commission shall conduct a study on the effects of electronic communications networks and extended trading hours on securities markets, including effects on market volatility, market liquidity, and best execution practices. Small Business Administration salaries and expenses For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 103-403, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $246,300,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan servicing activities: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes without further appropriations: Provided further, That $87,000,000 shall be available to fund grants for performance in fiscal year 2000 or fiscal year 2001 as authorized by section 21 of the Small Business Act, as amended: Provided further, That $1,800,000 shall be made available to carry out the drug-free workplace demonstration program under section 27 of the Small Business Act (15 U.S.C. 654): Provided further, That $23,200,000 shall be available to fund grants for Microloan Technical Assistance as authorized by section 7(m) of the Small Business Act. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App.), $13,250,000. business loans program account For the cost of direct loans, $4,000,000, to be available until expended; and for the cost of guaranteed loans, $164,368,000, as authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain available until September 30, 2001: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2000, commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958, as amended, shall not exceed the amount of financings authorized under section 20(e)(1)(B)(ii) of the Small Business Act, as amended: Provided further, That during fiscal year 2000, commitments for general business loans authorized under section 7(a) of the Small Business Act, as amended, shall not exceed $10,500,000,000 without prior notification of the Committees on Appropriations of the House of Representatives and Senate in accordance with section 605 of this Act: Provided further, That during fiscal year 2000, debentures guaranteed under title III of the Small Business Investment Act of 1958, as amended, shall not exceed the amount authorized under section 20(e)(1)(C)(ii). In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $129,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. disaster loans program account For the cost of direct loans authorized by section 7(b) of the Small Business Act, as amended, $77,700,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended. In addition, for administrative expenses to carry out the direct loan program, $86,000,000, which may be transferred to and merged with appropriations for Salaries and Expenses, including $500,000 for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan program, and said sums shall be transferred to and merged with appropriations for the Office of Inspector General. administrative provision--small business administration Not to exceed 10 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 20 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. State Justice Institute salaries and expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public Law 102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available until expended: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. TITLE VI--GENERAL PROVISIONS Sec. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Sec. 605. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions, or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 or 20 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 20 percent funding for any existing program, project, or activity, or numbers of personnel by 20 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. Sec. 606. None of the funds made available in this Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States. Sec. 607. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) Notice Requirement.--In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. (c) Prohibition of Contracts With Persons Falsely Labeling Products as Made in America.--If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 608. None of the funds made available in this Act may be used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266). Sec. 609. (a) None of the funds appropriated or otherwise made available by this Act shall be expended for any purpose for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999. (b) The requirements in subparagraphs (A) and (B) of section 609 of that Act shall continue to apply during fiscal year 2000. Sec. 610. Notwithstanding any other provision of law, not more than 20 percent of the amount allocated to any account or subaccount from an appropriation made by this Act that is available for obligation only in the current fiscal year may be obligated during the last two months of the fiscal year. Sec. 611. None of the funds made available in this Act shall be used to provide the following amenities or personal comforts in the Federal prison system-- (1) in-cell television viewing except for prisoners who are segregated from the general prison population for their own safety; (2) the viewing of R, X, and NC-17 rated movies, through whatever medium presented; (3) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort; (4) possession of in-cell coffee pots, hot plates or heating elements; or (5) the use or possession of any electric or electronic musical instrument. Sec. 612. Any costs incurred by a department or agency funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 613. None of the funds made available in this Act to the Federal Bureau of Prisons may be used to distribute or make available any commercially published information or material to a prisoner when it is made known to the Federal official having authority to obligate or expend such funds that such information or material is sexually explicit or features nudity. Sec. 614. Of the funds appropriated in this Act under the heading ``Office of Justice Programs--State and Local Law Enforcement Assistance'', not more than 90 percent of the amount to be awarded to an entity under the Local Law Enforcement Block Grant shall be made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that the entity that employs a public safety officer (as such term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) does not provide such a public safety officer who retires or is separated from service due to injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as they received while on duty. Sec. 615. (a) None of the funds appropriated or otherwise made available by this Act shall be expended for any purpose for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999. (b) Subsection (a)(1) of section 616 of that Act is amended-- (1) by striking ``and'' after ``Gonzalez''; and (2) by inserting before the semicolon at the end of the following, ``, Jean-Yvon Toussaint, and Jimmy Lalanne''. (c) The requirements in subsections (b) and (c) of section 616 of that Act shall continue to apply during fiscal year 2000. Sec. 616. None of the funds appropriated pursuant to this Act or any other provision of law may be used for (1) the implementation of any tax or fee in connection with the implementation of 18 U.S.C. 922(t); (2) any system to implement 18 U.S.C. 922(t) that does not require and result in the immediate destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from owning a firearm. Sec. 617. None of the funds appropriated or otherwise made available by this Act may be used to pay to house any individual, other than an attorney, attending a Federal law enforcement training center in a privately owned or operated place of lodging. Sec. 618. Section 309(j)(8) of the Communications Act of 1934 is amended by adding new paragraph (D) as follows: ``(D) Protection of interests.-- ``(i) Title 11, United States Code, or any otherwise applicable Federal or state law regarding insolvencies or receiverships, or any succeeding Federal law not expressly in derogation of this subsection, shall not apply to or be construed to apply to the Commission or limit the rights, powers, or duties of the Commission with respect to (a) a license or permit issued by the Commission under this subsection or a payment made to or a debt or other obligation owed to the Commission relating to or rising from such a license or permit, (b) an interest of the Commission in property securing such a debt or other obligation, or (c) an act by the Commission to issue, deny, cancel, or transfer control of such a license or permit. ``(ii) Notwithstanding otherwise applicable law, for each license or construction permit issued by the Commission under this subsection for which a debt or other monetary obligation is owed to the Federal Communications Commission or to the United States, the Commission shall be deemed to have a perfected, first priority security interest in such license or permit, and in the proceeds of sale of such license or permit, to the extent of the outstanding balance of such a debt or other obligation. ``(iii) This paragraph shall apply retroactively, including to pending cases and proceedings whether on appeal or otherwise.''. Sec. 619. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be provided for or used by the National Security Council or personnel working for or detailed to the Council. Sec. 620. (a) Definitions.--For the purposes of this section-- (1) the term ``agency'' means the Federal Communications Commission. (2) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who is serving under an appointment without time limitation, and has been currently employed by such agency for a continuous period of at least 3 years; but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (C) an employee who has been duly notified that he or she is to be involuntarily separated for misconduct or unacceptable performance; (D) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this section or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) any employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the 12- month period preceding the date of separation, received a retention allowance under section 5754 of that title. (3) The term ``Chairman'' means the Chairman of the Federal Communications Commission. (b) Agency Plan.-- (1) In general.--The Chairman, prior to obligating any resources for voluntary separation incentive payments, shall simultaneously submit to the authorizing and appropriating committees of the House and the Senate and to the Office of Management and Budget a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) Contents.--The agency's plan shall include-- (A) the positions and functions to be reduced, eliminated, and increased, as appropriate, identified by organizational unit, geographic location, occupational category and grade level; (B) the time period during which incentives may be paid; (C) the number and amounts of voluntary separation incentive payments to be offered; and (D) a description of how the agency will operate without the eliminated positions and functions and with any increased or changed occupational skill mix. (3) Consultation.--The Director of the Office of Management and Budget shall review the agency's plan and may make appropriate recommendations for the plan with respect to the coverage of incentives as described under paragraph (2)(A), and with respect to the matters described in paragraph (2) (B) and (C). Any such recommendations shall be submitted simultaneously to the authorizing and appropriating committees of the House and the Senate. The Chairman shall not implement the agency plan without prior written notification to the chairman of each authorizing and appropriating committees of the House and the Senate at least fifteen days in advance of such implementation. (c) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--A voluntary separation incentive payment under this section may be paid by the Chairman to any employee only to the extent necessary to eliminate the positions and functions identified by the strategic plan. (2) Amount and treatment of payments.--A voluntary incentive payment-- (A) shall be paid in a lump sum, after the employee's separation; (B) shall be equal to the lesser of-- (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code (without adjustment for any previous payments made); or (ii) an amount determined by the Chairman, not to exceed $25,000; (C) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) under the provisions of this section by not later than September 30, 2001; (D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (d) Additional Agency Contributions to the Retirement Fund.-- (1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final base pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this Act. (2) Definition.--For the purpose of paragraph (1), the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full- time basis, with appropriate adjustment therefor. (e) Effect of Subsequent Employment With the Government.--(1) An individual who has received a voluntary separation incentive payment from the agency under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the lump sum incentive payment to the agency. (2) If the employment under paragraph (1) is with an executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under paragraph (1) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (4) If the employment under paragraph (1) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant for the position. (f) Intended Effect on Agency Employment Levels.-- (1) In general.--Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in the Federal Communications Commission. The agency may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations. (2) Enforcement.--The president, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. (g) Regulations.--The Office of Personnel Management may prescribe such regulations as may be necessary to implement this section. (h) Effective Date.--This section shall take effect on the date of enactment. (Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999, as included in Public Law 105-277, section 101(b).) Sec. 621. The Secretary of Commerce (hereinafter the ``Secretary'') is hereby authorized and directed to create an ``Interagency Task Force on Indian Arts and Crafts Enforcement'' to be composed of representatives of the United States Trade Representative, the Department of Commerce, the Department of the Interior, the Department of Justice, the Department of the Treasury, the International Trade Administration, and representatives of other agencies and departments in the discretion of the Secretary to devise and implement a coordinated enforcement response to prevent the sale or distribution of any product or goods sold in or shipped to the United States that is not in compliance with the Indian Arts and Crafts Act of 1935, as amended. Sec. 622 (a) Findings.--The Senate makes the following findings: (1) When telephone area codes were first introduced in 1947, 86 area codes covered all of North America. There are now more than 215 area codes, and an additional 70 area codes may be required in the next 2 years. (2) The current system for allocating numbers to telecommunications carriers is woefully inefficient, leading to the exhaustion of a telephone area code long before all the telephone numbers covered by the area code are actually in use. (3) The proliferation of new telephone area codes causes economic dislocation for businesses and unnecessary cost, confusion, and inconvenience for households. (4) Principles and approaches exist that would increase the efficiency with which telecommunications carriers use telephone numbering resources. (5) The May 27, l999, rulemaking proceeding of the Federal Communications Commission relating to numbering resource optimization seeks to address the growing problem of the exhaustion of telephone area codes. (b) Sense of Senate.--It is the sense of the Senate that-- (1) the Federal Communications Commission shall release its report and order on numbering resource optimization not later than December 31, 1999; (2) such report and order should minimize any disruptions and costs to consumers and businesses associated with the implementation of such report and order; and (3) such report and order should apply not only to large metropolitan areas but to all areas of the United States that are facing the problem of exhaustion of telephone numbers. Sec. 623. Prohibition on Requirement for Use of Accounting Method Not Conforming to Generally Accepted Accounting Principles. No part of any appropriations contained in this Act shall be used by the Federal Communications Commission to require any person subject to its jurisdiction under the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.) to utilize for any purpose any form or method of accounting that does not conform to Generally Accepted Accounting Principles established by the Financial Accounting Standards Board. Sec. 624. (a) The total discretionary amount made available by this Act is reduced by $92,000,000: Provided, That the reduction pursuant to this subsection shall be taken pro rata from travel, supplies, and printing expenses made available to the agencies funded by this Act, except for activities related to the 2000 census. (b) Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a listing of the amounts by account of the reductions made pursuant to the provisions of subsection (a). Sec. 625. Prohibition of Transfer of a Firearm to an Intoxicated Person. (a) Prohibition of Transfer.--Section 922(d) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: ``(8) is intoxicated;''. (b) Definition of Intoxicated.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `intoxicated', in reference to a person, means being in a mental or physical condition of impairment as a result of the presence of alcohol in the body of the person.''. Sec. 626. (a) To implement the June 3, 1999 Agreement of the United States and Canada on the Treaty Between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon (the ``1999 Agreement'') $140,000,000 is authorized only for use and expenditure as described in subsection (b). (b)(1) $75,000,000 for grants to provide the initial capital for a Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund to be held by the Pacific Salmon Commission and administered jointly by the Pacific Salmon Commission Commissioner for the State of Alaska with Canada according to a trust agreement to be entered into by the United States and Canada for the purposes of research, habitat restoration, and fish enhancement to promote abundance-based, conservation-oriented fishing regimes. (2) $65,000,000 for grants to provide the initial capital for a Southern Boundary and Transboundary Rivers Restoration and Enhancement Fund to be held by the Pacific Salmon Commission and administered jointly with Canada by the Pacific Salmon Commission Commissioners for the States of Washington, Oregon, and California according to a trust agreement to be entered into by the United States and Canada for the purposes of research, habitat restoration, and fish enhancement to promote abundance-based, conservation-oriented fishing regimes. (3)(i) Amounts provided by grants under paragraphs (1) and (2) may be held in interest-bearing accounts prior to the disbursement of such funds for program purposes, and any interest earned may be retained for program purposes without further appropriation by Congress; (ii) the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and Southern Boundary and Transboundary Rivers Restoration and Enhancement Fund are subject to the laws governing Federal appropriations and funds and to unrescinded circulars of the Office of Management and Budget, including the audit requirements of the Office of Management and Budget Circular Nos. A-110, A-122 and A- 133; and (iii) Recipients of funds from the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and Southern Boundary and Transboundary Rivers Restoration and Enhancement Fund, which for the purposes of this subparagraph shall include interest earned pursuant to subparagraph (i), shall keep separate accounts and such records as may be reasonably necessary to disclose the use of the funds as well as facilitate effective audits. (c) The President shall submit a request for funds to implement this section as part of his official budget request for the fiscal year 2001. Sec. 627. Funds made available under Public Law 105-277 for costs associated with implementation of the American Fisheries Act of 1998 (Division C, title II, of Public Law 105-277) for vessel documentation activities shall remain available until expended. Sec. 628. (a) Findings.--The Senate makes the following findings: (1) Iran has been designated as a state sponsor of terrorism by the Secretary of State and continues to be among the most active supporters of terrorism in the world. (2) According to the State Department's annual report entitled ``Patterns of Global Terrorism'', Iran supports Hizballah, Hamas, and the Palestinian Islamic Jihad, terrorist organizations which oppose the Middle East peace process, continue to work for the destruction of Israel, and have killed United States citizens. (3) A United States district court ruled in March 1998 that Iran should pay $247,000,000 to the family of Alisa Flatow, a United States citizen killed in a bomb attack orchestrated by the Palestinian Islamic Jihad in Gaza in April 1995. (4) The Government of Iran continues to maintain a repressive political regime in which the civil liberties of the people of Iran are denied. (5) The State Department Country Report on Human Rights states that the human rights record of the Government of Iran remains poor, including ``extra judicial killings and summary executions; disappearances; widespread use of torture and other degrading treatment; harsh prison conditions; arbitrary arrest and detention; lack of due process; unfair trials; infringement on citizen's privacy; and restrictions on freedom of speech, press, assembly, association, religion, and movement''. (6) Religious minorities in Iran have been persecuted solely because of their faith, and the Government of Iran has detained 13 members of Iran's Jewish community without charge. (7) Recent student-led protests in Iran were repressed by force, with possibly five students losing their lives and hundreds more being imprisoned. (8) The Government of Iran is pursuing an aggressive ballistic missile program with foreign assistance and is seeking to develop weapons of mass destruction which threaten United States allies and interests. (9) Despite the continuation by the Government of Iran of repressive activities in Iran and efforts to threaten United States allies and interests in the Near East and South Asia, the President waived provisions of the Iran and Libya Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) intended to impede development of the energy sector in Iran. (b) Sense of Senate.--It is the sense of the Senate that-- (1) the President should condemn in the strongest possible terms the failure of the Government of Iran to implement genuine political reforms and protect the civil liberties of the people of Iran, which failure was most recently demonstrated in the violent repression of student-led protests in Teheran and other cities by the Government of Iran; (2) the President should support democratic opposition groups in Iran more aggressively; (3) the detention of 13 members of the Iranian Jewish community by the Government of Iran is a deplorable violation of due process and a clear example of the policies of the Government of Iran to persecute religious minorities; and (4) the decision of the President to waive provisions of the Iran and Libya Sanctions Act of 1996 intended to impede development of the energy sector in Iran was regrettable and should be reversed as long as Iran continues to threaten United States interests and allies in the Near East and South Asia through state sponsorship of terrorism and efforts to acquire weapons of mass destruction and the missiles to deliver such weapons. Sec. 629. Section 203(p)(1)(B) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)(B)) is amended-- (1) by striking clause (ii); (2) by inserting ``or public safety'' after ``law enforcement''; (3) by striking ``(i)''; (4) by striking ``(I)'' and inserting ``(i)''; and (5) by striking ``(II)'' and inserting ``(ii)''. Sec. 630. Protection of Seniors and the Disabled in Federal Family Violence Prevention Programs. (a) Findings.--Congress finds that-- (1) of the estimated more than 1,000,000 persons age 65 and over who are victims of family violence each year, at least \2/ 3\ are women; (2) national statistics are not available on the incidence of domestic or family violence and sexual assault against disabled women, although several studies indicate that abuse of disabled women is of a longer duration compared to abuse suffered by women who are not disabled; (3) in almost 9 out of 10 incidents of domestic elder abuse and neglect, the perpetrator is a family member, and adult children of the victims are the largest category of perpetrators and spouses are the second largest category of perpetrators; (4) the number of reports of elder abuse in the United States increased by 150 percent between 1986 and 1996 and is expected to continue increasing; (5) it is estimated that at least 5 percent of the Nation's elderly are victims of moderate to severe abuse and that the rate for all forms of abuse may be as high as 10 percent; (6) elder abuse is severely underreported, with 1 in 5 cases being reported in 1980 and only 1 in 8 cases being reported today; (7) many older and disabled women fail to report abuse because of shame or as a result of prior unsatisfactory experiences with individual agencies or others who lack sensitivity to the concerns or needs of older or disabled individuals; (8) many older or disabled individuals also fail to report abuse because they are dependent on their abusers and fear being abandoned or institutionalized; (9) disabled women may fear reporting abuse because they are fearful of losing their children in a custody case; (10) public and professional awareness and identification of violence against older or disabled Americans may be difficult because these persons are not integrated into many social networks (such as schools or jobs), and may become isolated in their homes, which can increase the risk of domestic abuse; and (11) older and disabled Americans would greatly benefit from policies that develop, strengthen, and implement programs for the prevention of abuse, including neglect and exploitation, and provide related assistance for victims. (b) In General.--Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in section 2001 (42 U.S.C. 3796gg)-- (A) in subsection (a)-- (i) by inserting ``, including older women and women with a disability'' after ``combat violent crimes against women''; and (ii) by inserting ``, including older women and women with a disability'' before the period; and (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by inserting ``, including older women and women with a disability'' after ``against women''; (ii) in paragraph (6), by striking ``and'' after the semicolon; (iii) in paragraph (7), by striking the period and inserting ``; and''; and (iv) by adding at the end the following: ``(8) developing a curriculum to train and assist law enforcement officers, prosecutors, and relevant officers of the Federal, State, tribal, and local courts in identifying and responding to crimes of domestic violence and sexual assault against older individuals and individuals with a disability and implementing that training and assistance.''; (2)in section 2002(c)(2) (42 U.S.C. 3796gg-1) by inserting ``and service programs tailored to the needs of older and disabled victims of domestic violence and sexual assault'' before the semicolon; and (3) in section 2003 (42 U.S.C. 3796gg-2)-- (A) in paragraph (7), by striking ``and'' after the semicolon; (B) in paragraph (8), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(9) both the term `elder' and the term `older individual' have the meaning given the term `older individual' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); and ``(10) the term `disability' has the meaning given the term in section 3(3) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(3)).''. (c) Effective Date.--The amendments made by this section shall apply to any grant made beginning with fiscal year 2000. TITLE VII--RESCISSIONS DEPARTMENT OF JUSTICE General Administration working capital fund (rescission) Of the unobligated balances available under this heading, $22,577,000 are rescinded. Legal Activities asset forfeiture fund (rescission) Of the unobligated balances available under this heading, $5,500,000 are rescinded. Drug Enforcement Administration drug diversion control fee account (rescission) Amounts otherwise available for obligation in fiscal year 2000 for the Drug Diversion Control Fee Account are reduced by $35,000,000. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration operations, research, and facilities (rescission) Of the funds provided under the heading, ``Operations, Research, and Facilities'' in the Dire Emergency Supplemental Appropriations Act, 1992 (Public Law 102-368), $3,400,000 are rescinded. DEPARTMENT OF STATE AND RELATED AGENCIES DEPARTMENT OF STATE Security and Maintenance of United States Missions (rescission) Of the unobligated balances available under this heading, $58,436,000 are rescinded. Broadcasting Board of Governors international broadcasting operations (rescission) Of the unobligated balances available under this heading, $18,780,000 are rescinded. TITLE VIII--CHILDREN WHO WITNESS DOMESTIC VIOLENCE PROTECTION ACT Sec. 801. Short Title. This title may be cited as the ``Children Who Witness Domestic Violence Protection Act''. Sec. 802. Findings. Congress finds the following: (1) Witnessing domestic violence has a devastating impact on children, placing the children at high risk for anxiety, depression, and, potentially, suicide. Many children who witness domestic violence exhibit more aggressive, antisocial, fearful, and inhibited behaviors. (2) Children exposed to domestic violence have a high risk of experiencing learning difficulties and school failure. Research finds that children residing in domestic violence shelters exhibit significantly lower verbal and quantitative skills when compared to a national sample of children. (3) Domestic violence is strongly correlated with child abuse. Studies have found that between 50 and 70 percent of men who abuse their female partners also abuse their children. In homes in which domestic violence occurs, children are physically abused and neglected at a rate 15 times higher than the national average. (4) Men who witnessed parental abuse during their childhood have a higher risk of becoming physically aggressive in dating and marital relationships. (5) Exposure to domestic violence is a strong predictor of violent delinquent behavior among adolescents. It is estimated that between 20 percent and 40 percent of chronically violent adolescents have witnessed extreme parental conflict. (6) Women have an increased risk of experiencing battering after separation from an abusive partner. Children also have an increased risk of suffering harm during separation. (7) Child visitation disputes are more frequent when families have histories of domestic violence, and the need for supervised visitation centers far exceeds the number of available programs providing those centers, because courts therefore-- (A) order unsupervised visitation and endanger parents and children; or (B) prohibit visitation altogether. (8) Recent studies have demonstrated that up to 50 percent of children who appear before juvenile courts in matters involving allegations of abuse and neglect have been exposed to domestic violence in their homes. Sec. 803. Definitions. In this title: (1) Domestic violence.--The term ``domestic violence'' includes an act or threat of violence, not including an act of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction of the victim, or by any other person against a victim who is protected from that person's act under the domestic or family violence laws of the jurisdiction. (2) Indian tribal government.--The term ``Indian tribal government'' has the meaning given the term ``tribal organization'' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) Witness domestic violence.-- (A) In general.--The term ``witness domestic violence'' means to witness-- (i) an act of domestic violence that constitutes actual or attempted physical assault; or (ii) a threat or other action that places the victim in fear of domestic violence. (B) Witness.--In subparagraph (A), the term ``witness'' means to-- (i) directly observe an act, threat, or action described in subparagraph (A), or the aftermath of that act, threat, or action; or (ii) be within earshot of an act, threat, or action described in subparagraph (A), or the aftermath of that act, threat, or action. Sec. 804. Grants to Address the Needs of Children Who Witness Domestic Violence. (a) In General.--The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following: ``SEC. 319. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO WITNESS DOMESTIC VIOLENCE. ``(a) Grants Authorized.-- ``(1) Authority.--The Secretary, acting through the Director of Community Services, in the Administration for Children and Families, is authorized to award grants to eligible entities to conduct programs to encourage the use of domestic violence intervention models using multisystem partnerships to address the needs of children who witness domestic violence. ``(2) Term and amount.--Each grant awarded under this section shall be awarded for a term of 3 years and in an amount of not more than $500,000 for each such year. ``(3) Eligible entities.--To be eligible to receive a grant under this section, an entity shall-- ``(A) be a nonprofit private organization; ``(B)(i) demonstrate recognized expertise in the area of domestic violence and the impact of domestic violence on children; or ``(ii) enter into a memorandum of understanding regarding the intervention program that-- ``(I) is entered into with the State or tribal domestic violence coalition and entities carrying out domestic violence programs that provide shelter or related assistance in the locality in which the intervention program will be operated; and ``(II) demonstrates collaboration on the intervention program with the coalition and entities and the support of the coalition and entities for the intervention program; and ``(C) demonstrate a history of providing advocacy, health care, mental health, or other crisis-related services to children. ``(b) Use of Funds.--An entity that receives a grant under this section shall use amounts provided through the grant to conduct a program to design or replicate, and implement, domestic violence intervention models that use multisystem partners to respond to the needs of children who witness domestic violence. Such a program shall-- ``(1)(A) involve collaborative partnerships with-- ``(i) local entities carrying out domestic violence programs that provide shelter or related assistance; and ``(ii) partners that are courts, schools, social service providers, health care providers, police, early childhood agencies, entities carrying out Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.), or entities carrying out child protection, welfare, job training, housing, battered women's service, or children's mental health programs; and ``(B) be carried out to design and implement protocols and systems to identify, refer, and appropriately respond to the needs of, children who witness domestic violence and who participate in programs administered by the partners; ``(2) include guidelines to evaluate the needs of a child and make appropriate intervention recommendations; ``(3) include institutionalized procedures to enhance or ensure the safety and security of a battered parent, and as a result, the child of the parent; ``(4) provide direct counseling and advocacy for adult victims of domestic violence and their children who witness domestic violence; ``(5) include the development or replication of a mental health treatment model to meet the needs of children for whom such treatment has been identified as appropriate; ``(6) include policies and protocols for maintaining the confidentiality of the battered parent and child; ``(7) provide community outreach and training to enhance the capacity of professionals who work with children to appropriately identify and respond to the needs of children who witness domestic violence; ``(8) include procedures for documenting interventions used for each child and family; and ``(9) include plans to perform a systematic outcome evaluation to evaluate the effectiveness of the interventions. ``(c) Application.--To be eligible to receive a grant under this section, an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Technical Assistance.--Not later than 90 days after the date of enactment of this section, the Secretary shall identify successful programs providing multisystem and mental health interventions to address the needs of children who witness domestic violence. Not later than 60 days before the Secretary solicits applications for grants under this section, the Secretary shall enter into an agreement with 1 or more entities carrying out the identified programs to provide technical assistance to the applicants and recipients of the grants. The Secretary may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (e) to provide the technical assistance. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2000 through 2002. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended. ``(f) Definitions.--In this section, the terms `domestic violence' and `witness domestic violence' have the meanings given the terms in section 803 of the Children Who Witness Domestic Violence Protection Act.''. (b) Administration.--Section 305(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended-- (1) by striking ``an employee'' and inserting ``1 or more employees''; and (2) by striking ``The individual'' and inserting ``Each individual''. Sec. 805. Combatting the Impact of Experiencing or Witnessing Domestic Violence on Elementary and Secondary School Children. (a) Amendment.--Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: ``SEC. 4124. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL CHILDREN. ``(a) Grants Authorized.-- ``(1) Authority.--The Secretary is authorized to award grants to and enter into contracts with elementary schools and secondary schools that work with experts described in paragraph (2), to enable the schools-- ``(A) to provide training to school administrators, faculty, and staff, with respect to issues concerning children experiencing domestic violence in dating relationships and witnessing domestic violence, and the impact of the violence described in this subparagraph on children; ``(B) to provide educational programing to students regarding domestic violence and the impact of experiencing or witnessing domestic violence on children; ``(C) to provide support services for students and school personnel for the purpose of developing and strengthening effective prevention and intervention strategies with respect to issues concerning children experiencing domestic violence in dating relationships and witnessing domestic violence, and the impact of the violence described in this subparagraph on children; and ``(D) to develop and implement school system policies regarding identification and referral procedures for students who are experiencing or witnessing domestic violence. ``(2) Experts.--The experts referred to in paragraph (1) are experts on domestic violence from the educational, legal, youth, mental health, substance abuse, and victim advocacy fields, and State and local domestic violence coalitions and community-based youth organizations. ``(3) Award basis.--The Secretary shall award grants and contracts under this section on a competitive basis. ``(4) Policy dissemination.--The Secretary shall disseminate to elementary schools and secondary schools any Department of Education policy guidance regarding preventing domestic violence and the impact of experiencing or witnessing domestic violence on children. ``(b) Uses of Funds.--Funds provided under this section may be used for the following purposes: ``(1) To provide training for school administrators, faculty, and staff that addresses issues concerning children experiencing domestic violence in dating relationships and witnessing domestic violence, and the impact of the violence described in this paragraph on children. ``(2) To provide education programs for students that are developmentally appropriate for the students' grade levels and are designed to meet any unique cultural and language needs of the particular student populations. ``(3) To develop and implement school system policies regarding identification and referral procedures for students who are experiencing or witnessing domestic violence. ``(4) To provide the necessary human resources to respond to the needs of students and school personnel when faced with the issue of domestic violence, such as a resource person who is either on-site or on-call, and who is an expert in domestic violence as described in subsection (a)(2). ``(5) To provide media center materials and educational materials to schools that address issues concerning children experiencing domestic violence in dating relationships and witnessing domestic violence, and the impact of the violence described in this paragraph on children. ``(6) To conduct evaluations to assess the impact of programs assisted under this section in order to enhance the development of the programs. ``(c) Confidentiality.--Policies, programs, training materials, and evaluations developed and implemented under subsection (b) shall address issues of victim safety and confidentiality that are consistent with applicable Federal and State laws. ``(d) Application.-- ``(1) In general.--To be eligible to be awarded a grant or contract under this section for any fiscal year, an elementary school or secondary school, in consultation with an expert described in subsection (a)(2), shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe. ``(2) Contents.--Each application submitted under paragraph (1) shall-- ``(A) describe the need for funds provided under the grant or contract and the plan for implementation of any of the uses described in subsection (b); ``(B) describe how the domestic violence experts described in subsection (a)(2) shall work in consultation and collaboration with the elementary school or secondary school; and ``(C) provide measurable goals and expected results from the use of the funds provided under the grant or contract. ``(e) Definitions.--In this section, the terms `domestic violence' and `witness domestic violence' have the meanings given the terms in section 803 of the Children Who Witness Domestic Violence Protection Act. ``(f) Applicability.--The provisions of this part (other than this section) shall not apply to this section.''. (b) Authorization of Appropriations.--Section 4004 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7104) is amended-- (1) in paragraph (1), by striking ``and'' after the semicolon; (2) in paragraph (2) by striking the period and inserting ``; and ''; and (3) by adding at the end the following: ``(3) $5,000,000 for each of the fiscal years 2000 through 2002 to carry out section 4124.''. Sec. 806. Child Welfare Worker Training on Domestic Violence. (a) Definitions.--In this section: (1) Grantee.--The term ``grantee'' means a recipient of a grant under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Grants Authorized.-- (1) Authority.--The Attorney General and the Secretary are authorized to jointly award grants to eligible States, Indian tribal governments, and units of local government, in order to encourage agencies and entities within the jurisdiction of the States, organizations, and units to recognize and treat, as part of their ongoing child welfare responsibilities, domestic violence as a serious problem threatening the safety and well- being of both children and adults. (2) Term and amount.--Each grant awarded under this section shall be awarded for a term of 3 years and in an amount of not less than $250,000. (c) Use of Funds.--Funds provided under this section may be used to support child welfare service agencies in carrying out, with the assistance of entities carrying out community-based domestic violence programs, activities to achieve the following purposes: (1) To provide training to the staff of child welfare service agencies and domestic violence programs with respect to the issue of domestic violence and the impact of the violence on children and their nonabusive parents, which training shall-- (A) include training for staff, supervisors, and administrators, including staff responsible for screening, intake, assessment, and investigation of reports of child abuse and neglect; and (B) be conducted in collaboration with child welfare experts, domestic violence experts, entities carrying out community-based domestic violence programs, relevant law enforcement agencies, probation officers, prosecutors, and judges. (2) To provide assistance in the modification of policies, procedures, programs, and practices of child welfare service agencies and domestic violence programs in order to ensure that the agencies-- (A) recognize the overlap between child abuse and domestic violence in families, the dangers posed to both child and adult victims of domestic violence, and the physical, emotional, and developmental impact of domestic violence on children; (B) develop relevant protocols for screening, intake, assessment, and investigation of and followup to reports of child abuse and neglect, that-- (i) address the dynamics of domestic violence and the relationship between child abuse and domestic violence; and (ii) enable the agencies to assess the danger to child and adult victims of domestic violence; (C) identify and assess the presence of domestic violence in child protection cases, in a manner that ensures the safety of all individuals involved and the protection of confidential information; (D) increase the safety and well-being of children who witness domestic violence, including increasing the safety of nonabusive parents of the children; (E) develop appropriate responses in cases of domestic violence, including safety plans and appropriate services for both the child and adult victims of domestic violence; (F) establish and enforce procedures to ensure the confidentiality of information relating to families that is shared between child welfare service agencies and community-based domestic violence programs, consistent with law (including regulations) and guidelines; (G) provide appropriate supervision to agency staffs who work with families in which there has been domestic violence, including supervision concerning issues regarding-- (i) promoting staff safety; and (ii) protecting the confidentiality of child and adult victims of domestic violence; and (H) develop protocols with law enforcement, probation, and other justice agencies in order to ensure that justice system interventions and protections are readily available for victims of domestic violence served by the social service agency. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a State, Indian tribal government, or unit of local government shall submit an application to the Attorney General and the Secretary at such time and in such manner as the Attorney General and the Secretary shall prescribe. (2) Contents.--Each application submitted under paragraph (1) shall contain information that-- (A) describes the specific activities that will be undertaken to achieve 1 or more of the purposes described in subsection (c); (B) lists the child welfare service agencies and domestic violence service agencies in the jurisdiction of the applicant that will be responsible for carrying out the activities; and (C) provides documentation from 1 or more community-based domestic violence programs that the entities carrying out such programs-- (i) have been involved in the development of the application; and (ii) will assist in carrying out the specific activities described in subparagraph (A), which may include assisting as subcontractors. (e) Priority.--In awarding grants under this section, the Attorney General and the Secretary shall give priority to applicants who demonstrate that entities that carry out domestic violence programs will be substantially involved in carrying out the specific activities described in subsection (d)(2)(A), and to applicants who demonstrate a commitment to educate the staff of child welfare service agencies about-- (1) the impact of domestic violence on children; (2) the special risks of child abuse and neglect; and (3) appropriate services and interventions for protecting both the child and adult victims of domestic violence. (f) Evaluation, Reporting, and Dissemination.-- (1) Evaluation and reporting.--Each grantee shall annually submit to the Attorney General and the Secretary a report, which shall include-- (A) an evaluation of the effectiveness of activities funded with a grant awarded under this section; and (B) such additional information as the Attorney General and the Secretary may require. (2) Dissemination.--Not later than 6 months after the expiration of the 3-year period beginning on the initial date on which grants are awarded under this section, the Attorney General and the Secretary shall distribute to each State child welfare service agency and each State domestic violence coalition, and to Congress, a summary of information on-- (A) the activities funded with grants under this section; and (B) any related initiatives undertaken by the Attorney General or the Secretary to promote attention by the staff of child welfare service agencies and community-based domestic violence programs to domestic violence and the impact of domestic violence on child and adult victims of domestic violence. (g) Technical Assistance.-- (1) Identification of successful programs.--Not later than 90 days after the date of enactment of this section, the Secretary shall identify successful programs providing training to child welfare and domestic violence programs to address the needs of children who witness domestic violence. (2) Agreement.--Not later than 60 days before the Secretary solicits applications for grants under this section, the Secretary shall enter into an agreement with 1 or more entities carrying out the training programs identified under paragraph (1) to provide technical assistance to the applicants and recipients of the grants. (3) Funding.--The Secretary may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (h) to provide technical assistance pursuant to the agreement under paragraph (2). (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2000 through 2002. (2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended. Sec. 807. Safe Havens for Children. (a) Grants Authorized.--The Attorney General may award grants to States (including State courts) and Indian tribal governments in order to enable them to enter into contracts and cooperative agreements with public or private nonprofit entities (including tribal organizations and nonprofit organizations operating within the boundaries of an Indian reservation) to assist those entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Not less than 50 percent of the total amount awarded to a State or Indian tribal government under this subsection for any fiscal year shall be used to enter into contracts and cooperative agreements with private nonprofit entities. (b) Considerations.--In awarding grants under subsection (a), the Attorney General shall consider-- (1) the number of families to be served by the proposed visitation center; (2) the extent to which the proposed supervised visitation center will serve underserved populations (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2)); (3) with respect to an applicant for a contract or cooperative agreement, the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community served, including the State or tribal domestic violence coalition, State or tribal sexual assault coalition, local shelters, and programs for domestic violence and sexual assault victims; (4) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral; and (5) the extent to which the applicant demonstrates implementation of domestic violence and sexual assault training for all staff members. (c) Use of Funds.--Amounts provided under a grant, contract, or cooperative agreement awarded under this section may be used only to establish and operate supervised visitation centers. (d) Application.-- (1) In general.--The Attorney General shall award grants for contracts and cooperative agreements under this section in accordance with such regulations as the Attorney General may establish by regulation, which regulations shall establish a multiyear grant process. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) demonstrate recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence or sexual assault; (B) demonstrate collaboration with and support of the State or tribal domestic violence coalition, State or tribal sexual assault coalition, or local domestic violence shelter, program, or rape crisis center in the locality in which the supervised visitation center will be operated; (C) provide supervised visitation and visitation exchange services over the duration of a court order to promote continuity and stability; (D) ensure that any fees charged to individuals for use of services are based on an individual's income; (E) demonstrate that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, are in place for the operation of supervised visitation; and (F) describe standards by which the supervised visitation center will operate. (3) Priority.--In awarding grants for contracts and cooperative agreements under this section, the Attorney General shall give priority to States that, in making a custody determination-- (A) consider domestic violence; and (B) require findings on the record. (e) Annual Report.--Not later than 120 days after the last day of each fiscal year, the Attorney General shall submit to Congress a report that includes information concerning-- (1) the total number of individuals served and the total number of individuals turned away from services (categorized by State), the number of individuals from underserved populations served and the number turned away from services, and the factors that necessitate the supervised visitation or visitation exchange, such as domestic violence, child abuse, sexual assault, and emotional or other physical abuse, or any combination of such factors; (2) the number of supervised visitations or visitation exchanges ordered during custody determinations under a separation or divorce decree or protection order, through child protection services or other social services agencies, or by any other order of a civil, criminal, juvenile, or family court; (3) the process by which children or abused partners are protected during visitations, temporary custody transfers, and other activities for which the supervised visitation centers are established under this section; (4) safety and security problems occurring during the reporting period during supervised visitations or at visitation centers including the number of parental abduction cases; (5) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecutions and in custody violations; and (6) program standards for operating supervised visitation centers established throughout the United States. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated from the Violent Crime Reduction Trust Fund established under section 310001 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this section $20,000,000 for each of fiscal years 2000 through 2002. (2) Availability.--Amounts made available under paragraph (1) shall remain available until expended. (3) Distribution.--Not less than 95 percent of the total amount made available to carry out this section for each fiscal year shall be used to award grants, contracts, or cooperative agreements. (4) Allotment for indian tribes.-- (A) In general.--Subject to subparagraph (B), not less than 5 percent of the total amount made available to carry out this section for each fiscal year shall be available for grants to, or contracts or cooperative agreements with, tribal organizations and nonprofit organizations operating within the boundaries of an Indian reservation. (B) Reallotment of funds.--If, beginning 9 months after the first day of any fiscal year for which amounts are made available under this paragraph, any amount made available under this paragraph remains unobligated, the unobligated amount may be allocated without regard to subparagraph (A). Sec. 808. Law Enforcement Officer Training. (a) Grants Authorized.--The Attorney General shall award grants to nonprofit domestic violence programs, shelters, or organizations in collaboration with local police departments, for purposes of training local police officers regarding appropriate treatment of children who have witnessed domestic violence. (b) Use of Funds.--A domestic violence agency working in collaboration with a local police department may use amounts provided under a grant under this section-- (1) to train police officers in child development and issues related to witnessing domestic violence so they may appropriately-- (A) apply child development principles to their work in domestic violence cases; (B) recognize the needs of children who witness domestic violence; (C) meet children's immediate needs at the scene of domestic violence; (D) call for immediate therapeutic attention to be provided to the child by an advocate from the collaborating domestic violence program, shelter, or organization; and (E) refer children for followup services; and (2) to establish a collaborative working relationship between police officers and local domestic violence programs, shelters, and organizations. (c) Application.-- (1) In general.--To be eligible to be awarded a grant under this section for any fiscal year, a local domestic violence program, shelter, or organization, in collaboration with a local police department, shall submit an application to the Attorney General at such time and in such manner as the Attorney General shall prescribe. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) describe the need for amounts provided under the grant and the plan for implementation of the uses described in subsection (c); (B) describe the manner in which the local domestic violence program, shelter, or organization shall work in collaboration with the local police department; and (C) provide measurable goals and expected results from the use of amounts provided under the grant. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated from the Violent Crime Reduction Trust Fund established under section 310001 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this section $3,000,000 for each of fiscal years 2000 through 2002. (2) Availability.--Amounts made available under paragraph (1) shall remain available until expended. Sec. 809. Reauthorization of Crisis Nurseries. (a) Authority To Establish Demonstration Grant Programs.--The Secretary of Health and Human Services may establish demonstration programs under which grants are awarded to States to assist private and public agencies and organizations in providing crisis nurseries for children who are abused and neglected, are at risk of abuse or neglect, are witnessing domestic violence, or are in families receiving child protective services. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2000 through 2002. TITLE IX--HATE CRIMES PREVENTION Sec. 901. Short Title. This title may be cited as the ``Hate Crimes Prevention Act of 1999''. Sec. 902. Findings. Congress finds that-- (1) the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim poses a serious national problem; (2) such violence disrupts the tranquility and safety of communities and is deeply divisive; (3) existing Federal law is inadequate to address this problem; (4) such violence affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment or participating in other commercial activity; (5) perpetrators cross State lines to commit such violence; (6) instrumentalities of interstate commerce are used to facilitate the commission of such violence; (7) such violence is committed using articles that have traveled in interstate commerce; (8) violence motivated by bias that is a relic of slavery can constitute badges and incidents of slavery; (9) although many State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias, Federal jurisdiction over certain violent crimes motivated by bias is necessary to supplement State and local jurisdiction and ensure that justice is achieved in each case; (10) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes; (11) the problem of hate crime is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions; and (12) freedom of speech and association are fundamental values protected by the first amendment to the Constitution of the United States, and it is the purpose of this title to criminalize acts of violence, and threats of violence, carried out because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim, not to criminalize beliefs in the abstract. Sec. 903. Definition of Hate Crime. In this title, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). Sec. 904. Prohibition of Certain Acts of Violence. Section 245 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if-- ``(i) death results from the acts committed in violation of this paragraph; or ``(ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2)(A) Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived religion, gender, sexual orientation, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both, if-- ``(I) death results from the acts committed in violation of this paragraph; or ``(II) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce; or ``(ii) the offense is in or affects interstate or foreign commerce. ``(3) No prosecution of any offense described in this subsection may be undertaken by the United States, except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that-- ``(A) he or she has reasonable cause to believe that the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and ``(B) that he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that-- ``(i) the State does not have jurisdiction or refuses to assume jurisdiction; ``(ii) the State has requested that the Federal Government assume jurisdiction; or ``(iii) actions by State and local law enforcement officials have or are likely to leave demonstratively unvindicated the Federal interest in eradicating bias- motivated violence.''. Sec. 905. Duties of Federal Sentencing Commission. (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency With Other Guidelines.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. Sec. 906. Grant Program. (a) Authority to Make Grants.--The Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Sec. 907. Authorization for Additional Personnel to Assist State and Local Law Enforcement. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2000, 2001, and 2002 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 245 of title 18, United States Code (as amended by this title). Sec. 908. Severability. If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Sec. 909. Hate Crimes. (a) Declarations.--Congress declares that-- (1) further efforts must be taken at all levels of government to respond to the staggering brutality of hate crimes that have riveted public attention and shocked the Nation; (2) hate crimes are prompted by bias and are committed to send a message of hate to targeted communities, usually defined on the basis of immutable traits; (3) the prominent characteristic of a hate crime is that it devastates not just the actual victim and the victim's family and friends, but frequently savages the community sharing the traits that caused the victim to be selected; (4) any efforts undertaken by the Federal Government to combat hate crimes must respect the primacy that States and local officials have traditionally been accorded in the criminal prosecution of acts constituting hate crimes; and (5) an overly broad reaction by the Federal Government to this serious problem might ultimately diminish the accountability of State and local officials in responding to hate crimes and transgress the constitutional limitations on the powers vested in Congress under the Constitution. (b) Studies.-- (1) Collection of data.-- (A) Definition of hate crime.--In this paragraph, the term ``hate crime'' means-- (i) a crime described in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); and (ii) a crime that manifests evidence of prejudice based on gender or age. (B) Collection from cross-section of states.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the National Governors' Association, shall select 10 jurisdictions with laws classifying certain types of crimes as hate crimes and 10 jurisdictions without such laws from which to collect data described in subparagraph (C) over a 12-month period. (C) Data to be collected.--The data to be collected are-- (i) the number of hate crimes that are reported and investigated; (ii) the percentage of hate crimes that are prosecuted and the percentage that result in conviction; (iii) the length of the sentences imposed for crimes classified as hate crimes within a jurisdiction, compared with the length of sentences imposed for similar crimes committed in jurisdictions with no hate crime laws; and (iv) references to and descriptions of the laws under which the offenders were punished. (D) Costs.--Participating jurisdictions shall be reimbursed for the reasonable and necessary costs of compiling data under this paragraph. (2) Study of trends.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States and the General Accounting Office shall complete a study that analyzes the data collected under paragraph (1) and under the Hate Crime Statistics Act of 1990 to determine the extent of hate crime activity throughout the country and the success of State and local officials in combating that activity. (B) Identification of trends.--In the study conducted under subparagraph (A), the Comptroller General of the United States and the General Accounting Office shall identify any trends in the commission of hate crimes specifically by-- (i) geographic region; (ii) type of crime committed; and (iii) the number of hate crimes that are prosecuted and the number for which convictions are obtained. (c) Model Statute.-- (1) In general.--To encourage the identification and prosecution of hate crimes throughout the country, the Attorney General shall, through the National Conference of Commissioners on Uniform State Laws of the American Law Institute or another appropriate forum, and in consultation with the States, develop a model statute to carry out the goals described in subsection (a) and criminalize acts classified as hate crimes. (2) Requirements.--In developing the model statute, the Attorney General shall-- (A) include in the model statute crimes that manifest evidence of prejudice; and (B) prepare an analysis of all reasons why any crime motivated by prejudice based on any traits of a victim should or should not be included. (d) Support for Criminal Investigations and Prosecutions by State and Local Law Enforcement Officials.-- (1) Assistance other than financial assistance.-- (A) In general.--At the request of a law enforcement official of a State or a political subdivision of a State, the Attorney General, acting through the Director of the Federal Bureau of Investigation, shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (i) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (ii) constitutes a felony under the laws of the State; and (iii) is motivated by prejudice based on the victim's race, ethnicity, or religion or is a violation of the State's hate crime law. (B) Priority.--In providing assistance under subparagraph (A), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State. (2) Grants.-- (A) In general.--There is established a grant program within the Department of Justice to assist State and local officials in the investigation and prosecution of hate crimes. (B) Eligibility.--A State or political subdivision of a State applying for assistance under this paragraph shall-- (i) describe the purposes for which the grant is needed; and (ii) certify that the State or political subdivision lacks the resources necessary to investigate or prosecute the hate crime. (C) Deadline.--An application for a grant under this paragraph shall be approved or disapproved by the Attorney General not later than 24 hours after the application is submitted. (D) Grant amount.--A grant under this paragraph shall not exceed $100,000 for any single case. (E) Report.--Not later than December 31, 2001, the Attorney General, in consultation with the National Governors' Association, shall submit to Congress a report describing the applications made for grants under this paragraph, the award of such grants, and the effectiveness of the grant funds awarded. (F) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2000 and 2001. (e) Interstate Travel To Commit Hate Crime.-- (1) In general.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Interstate travel to commit hate crime ``(a) In General.--A person, whether or not acting under color of law, who-- ``(1) travels across a State line or enters or leaves Indian country in order, by force or threat of force, to willfully injure, intimidate, or interfere with, or by force or threat of force to attempt to injure, intimidate, or interfere with, any person because of the person's race, color, religion, or national origin; and ``(2) by force or threat of force, willfully injures, intimidates, or interferes with, or by force or threat of force attempts to willfully injure, intimidate, or interfere with any person because of the person's race, color, religion, or national origin, shall be subject to a penalty under subsection (b). ``(b) Penalties.--A person described in subsection (a) who is subject to a penalty under this subsection-- ``(1) shall be fined under this title, imprisoned not more than 1 year, or both; ``(2) if bodily injury results or if the violation includes the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title, imprisoned not more than 10 years, or both; or ``(3) if death results or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill-- ``(A) shall be fined under this title, imprisoned for any term of years or for life, or both; or ``(B) may be sentenced to death.''. (2) Technical amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``249. Interstate travel to commit hate crime.''. This Act may be cited as the ``Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000''. Attest: Secretary. 106th CONGRESS 1st Session H. R. 2670 _______________________________________________________________________ AMENDMENT HR 2670 EAS----2 HR 2670 EAS----3 HR 2670 EAS----4 HR 2670 EAS----5 HR 2670 EAS----6 HR 2670 EAS----7 HR 2670 EAS----8 HR 2670 EAS----9 HR 2670 EAS----10 HR 2670 EAS----11 HR 2670 EAS----12 HR 2670 EAS----13 HR 2670 EAS----14 HR 2670 EAS----15

usgpo

2024-06-24T03:05:54.463987

BILLS-106hr510eh

An act to direct the Secretary of the Interior to transfer to John R. and Margaret J. Lowe of Big Horn County, Wyoming, certain land so as to correct an error in the patent issued to their predecessors in interest.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 510 Engrossed in House (EH)] 1st Session H. R. 510 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to transfer to John R. and Margaret J. Lowe of Big Horn County, Wyoming, certain land so as to correct an error in the patent issued to their predecessors in interest. 106th CONGRESS 1st Session H. R. 510 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to transfer to John R. and Margaret J. Lowe of Big Horn County, Wyoming, certain land so as to correct an error in the patent issued to their predecessors in interest. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRANSFER OF LOWE FAMILY PROPERTY. (a) Conveyance.--Subject to valid existing rights, the Secretary of the Interior is directed to issue, without consideration, a quitclaim deed to John R. and Margaret J. Lowe of Big Horn County, Wyoming, to the land described in subsection (b): Provided, That all minerals underlying such land are hereby reserved to the United States. (b) Land Description.--The land referred to in subsection (a) is the approximately 40-acre parcel located in the SW\1/4\SE\1/4\ of Section 11, Township 51 North, Range 96 West, 6th Principal Meridian, Wyoming. Passed the House of Representatives May 4, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:54.656182

BILLS-106hr509eh

An act to direct the Secretary of the Interior to transfer to the personal representative of the estate of Fred Steffens of Big Horn County, Wyoming, certain land comprising the Steffens family property.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 509 Engrossed in House (EH)] 1st Session H. R. 509 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to transfer to the personal representative of the estate of Fred Steffens of Big Horn County, Wyoming, certain land comprising the Steffens family property. 106th CONGRESS 1st Session H. R. 509 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to transfer to the personal representative of the estate of Fred Steffens of Big Horn County, Wyoming, certain land comprising the Steffens family property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRANSFER OF STEFFENS FAMILY PROPERTY. (a) Conveyance.--Subject to valid existing rights, the Secretary of the Interior is directed to issue, without consideration, a quitclaim deed to Marie Wambeke of Big Horn County, Wyoming, the personal representative of the estate of Fred Steffens, to the land described in subsection (b): Provided, That all minerals underlying such land are hereby reserved to the United States. (b) Land Description.--The land referred to in subsection (a) is the approximately 80-acre parcel known as ``Farm Unit C'' in the E\1/ 2\NW\1/4\ of Section 27 in Township 57 North, Range 97 West, 6th Principal Meridian, Wyoming. (c) Revocation of Withdrawal.--The Bureau of Reclamation withdrawal for the Shoshone Reclamation Project under Secretarial Order dated October 21, 1913, is hereby revoked with respect to the lands described in subsection (b). Passed the House of Representatives May 4, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:54.737432

BILLS-106hr669enr

An act to amend the Peace Corps Act to authorize appropriations for fiscal years 2000 through 2003 to carry out that Act, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 669 Enrolled Bill (ENR)] H.R.669 One Hundred Sixth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Wednesday, the sixth day of January, one thousand nine hundred and ninety-nine An Act To amend the Peace Corps Act to authorize appropriations for fiscal years 2000 through 2003 to carry out that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 THROUGH 2003 TO CARRY OUT THE PEACE CORPS ACT. Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended to read as follows: ``(b)(1) There are authorized to be appropriated to carry out the purposes of this Act $270,000,000 for fiscal year 2000, $298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002, and $365,000,000 for fiscal year 2003. ``(2) Amounts authorized to be appropriated under paragraph (1) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.''. SEC. 2. MISCELLANEOUS AMENDMENTS TO THE PEACE CORPS ACT. (a) International Travel.--Section 15(d) of such Act (22 U.S.C. 2514(d)) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(13) the transportation of Peace Corps employees, Peace Corps volunteers, dependents of such employees and volunteers, and accompanying baggage, by a foreign air carrier when the transportation is between two places outside the United States without regard to section 40118 of title 49, United States Code.''. (b) Technical Amendments.--(1) Section 5(f)(1)(B) of such Act (22 U.S.C. 2504(f)(1)(B)) is amended by striking ``Civil Service Commission'' and inserting ``Office of Personnel Management''. (2) Section 5(h) of such Act (22 U.S.C. 2504(h)) is amended by striking ``the Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et seq.)'' and all that follows through ``(31 U.S.C. 492a),'' and inserting ``section 3342 of title 31, United States Code, section 5732 and''. (3) Section 5(j) of such Act (22 U.S.C. 2504(j)) is amended by striking ``section 1757 of the Revised Statutes of the United States'' and all that follows and inserting ``section 3331 of title 5, United States Code.''. (4) Section 10(a)(4) of such Act (22 U.S.C. 2509(a)(4)) is amended by striking ``31 U.S.C. 665(b)'' and inserting ``section 1342 of title 31, United States Code''. (5) Section 15(c) of such Act (22 U.S.C. 2514(c)) is amended by striking ``Public Law 84-918 (7 U.S.C. 1881 et seq.)'' and inserting ``subchapter VI of chapter 33 of title 5, United States Code''. (6) Section 15(d)(2) of such Act (22 U.S.C. 2514(d)(2)) is amended by striking ``section 9 of Public Law 60-328 (31 U.S.C. 673)'' and inserting ``section 1346 of title 31, United States Code''. (7) Section 15(d)(6) of such Act (22 U.S.C. 2514(d)(6)) is amended by striking ``without regard to section 3561 of the Revised Statutes (31 U.S.C. 543)''. (8) Section 15(d)(11) of such Act (22 U.S.C. 2514(d)(11)), as amended by this section, is further amended by striking ``Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)'' and inserting ``Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

usgpo

2024-06-24T03:05:54.747791

BILLS-106hr658rh

Thomas Cole National Historic Site Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 658 Reported in House (RH)] Union Calendar No. 77 106th CONGRESS 1st Session H. R. 658 [Report No. 106-138] To establish the Thomas Cole National Historic Site in the State of New York as an affiliated area of the National Park System. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 9, 1999 Mr. Sweeney introduced the following bill; which was referred to the Committee on Resources May 13, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 9, 1999] _______________________________________________________________________ A BILL To establish the Thomas Cole National Historic Site in the State of New York as an affiliated area of the National Park System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Thomas Cole National Historic Site Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings and purposes. Sec. 4. Establishment of Thomas Cole National Historic Site. Sec. 5. Retention of ownership and management of historic site by Greene County Historical Society. Sec. 6. Administration of historic site. Sec. 7. Authorization of appropriations. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Thomas Cole National Historic Site established by section 4 of this Act. (2) The term ``Hudson River artists'' means artists who were associated with the Hudson River school of landscape painting. (3) The term ``plan'' means the general management plan developed pursuant to section 6(d). (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``Society'' means the Greene County Historical Society of Greene County, New York, which owns the Thomas Cole home, studio, and other property comprising the historic site. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Hudson River school of landscape painting was inspired by Thomas Cole and was characterized by a group of 19th century landscape artists who recorded and celebrated the landscape and wilderness of America, particularly in the Hudson River Valley region in the State of New York. (2) Thomas Cole is recognized as America's most prominent landscape and allegorical painter of the mid-19th century. (3) Located in Greene County, New York, the Thomas Cole House, also known as Thomas Cole's Cedar Grove, is listed on the National Register of Historic Places and has been designated as a National Historic Landmark. (4) Within a 15 mile radius of the Thomas Cole House, an area that forms a key part of the rich cultural and natural heritage of the Hudson River Valley region, significant landscapes and scenes painted by Thomas Cole and other Hudson River artists, such as Frederic Church, survive intact. (5) The State of New York has established the Hudson River Valley Greenway to promote the preservation, public use, and enjoyment of the natural and cultural resources of the Hudson River Valley region. (6) Establishment of the Thomas Cole National Historic Site will provide opportunities for the illustration and interpretation of cultural themes of the heritage of the United States and unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the home and studio of Thomas Cole for the benefit, inspiration, and education of the people of the United States; (2) to help maintain the integrity of the setting in the Hudson River Valley region that inspired artistic expression; (3) to coordinate the interpretive, preservation, and recreational efforts of Federal, State, and other entities in the Hudson Valley region in order to enhance opportunities for education, public use, and enjoyment; and (4) to broaden understanding of the Hudson River Valley region and its role in American history and culture. SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE. (a) Establishment.--There is established, as an affiliated area of the National Park System, the Thomas Cole National Historic Site in the State of New York. (b) Description.--The historic site shall consist of the home and studio of Thomas Cole, comprising approximately 3.4 acres, located at 218 Spring Street, in the village of Catskill, New York, as generally depicted on the boundary map numbered TCH/80002, and dated March 1992. SEC. 5. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC SITE BY GREENE COUNTY HISTORICAL SOCIETY. The Greene County Historical Society of Greene County, New York, shall continue to own, administer, manage, and operate the historic site. SEC. 6. ADMINISTRATION OF HISTORIC SITE. (a) Applicability of National Park System Laws.--The historic site shall be administered in a manner consistent with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.-- (1) Assistance to society.--The Secretary may enter into cooperative agreements with the Society to preserve the Thomas Cole House and other structures in the historic site and to assist with education programs and research and interpretation of the Thomas Cole House and associated landscapes. (2) Other assistance.--To further the purposes of this Act, the Secretary may enter into cooperative agreements with the State of New York, the Society, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through the provision of assistance to develop, present, and fund art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, and use of the historic site. (c) Artifacts and Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site. (d) General Management Plan.--Within two complete fiscal years after the date of the enactment of this Act, the Secretary shall develop a general management plan for the historic site with the cooperation of the Society. Upon the completion of the plan, the Secretary shall provide a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The plan shall include recommendations for regional wayside exhibits, to be carried out through cooperative agreements with the State of New York and other public and private entities. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Union Calendar No. 77 106th CONGRESS 1st Session H. R. 658 [Report No. 106-138] _______________________________________________________________________ A BILL To establish the Thomas Cole National Historic Site in the State of New York as an affiliated area of the National Park System. _______________________________________________________________________ May 13, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

usgpo

2024-06-24T03:05:54.753375

BILLS-106hr669rs

An act to amend the Peace Corps Act to authorize appropriations for fiscal years 2000 through 2003 to carry out that Act, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 669 Reported in Senate (RS)] Calendar No. 107 106th CONGRESS 1st Session H. R. 669 [Report No. 106-46] _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 3, 1999 Received; read twice and referred to the Committee on Foreign Relations May 11, 1999 Reported by Mr. Helms, without amendment _______________________________________________________________________ AN ACT To amend the Peace Corps Act to authorize appropriations for fiscal years 2000 through 2003 to carry out that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 THROUGH 2003 TO CARRY OUT THE PEACE CORPS ACT. Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended to read as follows: ``(b)(1) There are authorized to be appropriated to carry out the purposes of this Act $270,000,000 for fiscal year 2000, $298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002, and $365,000,000 for fiscal year 2003. ``(2) Amounts authorized to be appropriated under paragraph (1) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.''. SEC. 2. MISCELLANEOUS AMENDMENTS TO THE PEACE CORPS ACT. (a) International Travel.--Section 15(d) of such Act (22 U.S.C. 2514(d)) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(13) the transportation of Peace Corps employees, Peace Corps volunteers, dependents of such employees and volunteers, and accompanying baggage, by a foreign air carrier when the transportation is between two places outside the United States without regard to section 40118 of title 49, United States Code.''. (b) Technical Amendments.--(1) Section 5(f)(1)(B) of such Act (22 U.S.C. 2504(f)(1)(B)) is amended by striking ``Civil Service Commission'' and inserting ``Office of Personnel Management''. (2) Section 5(h) of such Act (22 U.S.C. 2504(h)) is amended by striking ``the Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et seq.)'' and all that follows through ``(31 U.S.C. 492a),'' and inserting ``section 3342 of title 31, United States Code, section 5732 and''. (3) Section 5(j) of such Act (22 U.S.C. 2504(j)) is amended by striking ``section 1757 of the Revised Statutes of the United States'' and all that follows and inserting ``section 3331 of title 5, United States Code.''. (4) Section 10(a)(4) of such Act (22 U.S.C. 2509(a)(4)) is amended by striking ``31 U.S.C. 665(b)'' and inserting ``section 1342 of title 31, United States Code''. (5) Section 15(c) of such Act (22 U.S.C. 2514(c)) is amended by striking ``Public Law 84-918 (7 U.S.C. 1881 et seq.)'' and inserting ``subchapter VI of chapter 33 of title 5, United States Code''. (6) Section 15(d)(2) of such Act (22 U.S.C. 2514(d)(2)) is amended by striking ``section 9 of Public Law 60-328 (31 U.S.C. 673)'' and inserting ``section 1346 of title 31, United States Code''. (7) Section 15(d)(6) of such Act (22 U.S.C. 2514(d)(6)) is amended by striking ``without regard to section 3561 of the Revised Statutes (31 U.S.C. 543)''. (8) Section 15(d)(11) of such Act (22 U.S.C. 2514(d)(11)), as amended by this section, is further amended by striking ``Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)'' and inserting ``Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)''. Passed the House of Representatives March 3, 1999. Attest: JEFF TRANDAHL, Clerk. Calendar No. 107 106th CONGRESS 1st Session H. R. 669 [Report No. 106-46] _______________________________________________________________________ A BILL To amend the Peace Corps Act to authorize appropriations for fiscal years 2000 through 2003 to carry out that Act, and for other purposes. _______________________________________________________________________ May 11, 1999 Reported without amendment

usgpo

2024-06-24T03:05:54.843252

BILLS-106hr659rh

Protect America's Treasures of the Revolution for Independence for Our Tomorrow Act; PATRIOT Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 659 Reported in House (RH)] Union Calendar No. 78 106th CONGRESS 1st Session H. R. 659 [Report No. 106-139] To authorize appropriations for the protection of Paoli and Brandywine Battlefields in Pennsylvania, to direct the National Park Service to conduct a special resource study of Paoli and Brandywine Battlefields, to authorize the Valley Forge Museum of the American Revolution at Valley Forge National Historical Park, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 9, 1999 Mr. Weldon of Pennsylvania (for himself, Mr. Pitts, Mr. English, Mr. Hoeffel, Mr. Mascara, Mr. Gekas, Mr. Greenwood, Mr. Holden, Mr. Shuster, Mr. Brady of Pennsylvania, Mr. Doyle, Mr. Sherwood, Mr. Coyne, Mr. Peterson of Pennsylvania, Mr. Fattah, Mr. Toomey, Mr. Klink, Mr. Andrews, Mr. Kanjorski, Mr. Borski, Mr. Murtha, Mr. Castle, and Mr. Goodling) introduced the following bill; which was referred to the Committee on Resources May 13, 1999 Additional sponsors: Mr. Frost, Mr. Neal of Massachusetts, Mr. Abercrombie, and Mr. Ehrlich May 13, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 9, 1999] _______________________________________________________________________ A BILL To authorize appropriations for the protection of Paoli and Brandywine Battlefields in Pennsylvania, to direct the National Park Service to conduct a special resource study of Paoli and Brandywine Battlefields, to authorize the Valley Forge Museum of the American Revolution at Valley Forge National Historical Park, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America's Treasures of the Revolution for Independence for Our Tomorrow Act'' or the ``PATRIOT Act''. TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS SEC. 101. PAOLI BATTLEFIELD PROTECTION. (a) Paoli Battlefield.--The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to provide funds to the borough of Malvern, Pennsylvania, for the acquisition of the area known as the ``Paoli Battlefield'', located in the borough of Malvern, Pennsylvania, as generally depicted on the map entitled ``Paoli Battlefield'' numbered 80,000 and dated April 1999 (referred to in this title as the ``Paoli Battlefield''). The map shall be on file in the appropriate offices of the National Park Service. (b) Cooperative Agreement and Technical Assistance.--The Secretary shall enter into a cooperative agreement with the borough of Malvern, Pennsylvania, for the management by the borough of the Paoli Battlefield. The Secretary may provide technical assistance to the borough of Malvern to assure the preservation and interpretation of the battlefield's resources. (c) Authorization of Appropriations.--There are authorized to be appropriated $1,250,000 to carry out this section. Such funds shall be expended in the ratio of $1 of Federal funds for each dollar of funds contributed by non-Federal sources. Any funds provided by the Secretary shall be subject to an agreement that provides for the protection of the land's resources. SEC. 102. BRANDYWINE BATTLEFIELD PROTECTION. (a) Brandywine Battlefield.-- (1) In general.--The Secretary is authorized to provide funds to the Commonwealth of Pennsylvania, a political subdivision of the Commonwealth, or the Brandywine Conservancy, for the acquisition, protection, and preservation of land in an area generally known as the Meetinghouse Road Corridor, located in Chester County, Pennsylvania, as depicted on a map entitled ``Brandywine Battlefield--Meetinghouse Road Corridor'', numbered 80,000 and dated April 1999 (referred to in this title as the ``Brandywine Battlefield''). The map shall be on file in the appropriate offices of the National Park Service. (2) Willing sellers or donors.--Interests in land shall be acquired pursuant to this section only from willing sellers or donors. (b) Cooperative Agreement and Technical Assistance.--The Secretary shall enter into a cooperative agreement with the same entity that is provided funds under subsection (a) for the management by the entity of the Brandywine Battlefield. The Secretary may also provide technical assistance to the entity to assure the preservation and interpretation of the battlefield's resources. (c) Authorization of Appropriations.--There are authorized to be appropriated $3,000,000 to carry out this section. Such funds shall be expended in the ratio of $1 of Federal funds for each dollar of funds contributed by non-Federal sources. Any funds provided by the Secretary shall be subject to an agreement that provides for the protection of the land's resources. SEC. 103. STUDY OF BATTLEFIELDS. (a) In General.--Not later than 18 months after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a resource study of the property described in sections 101 and 102. (b) Contents.--The study shall-- (1) identify the full range of resources and historic themes associated with the Paoli Battlefield and the Brandywine Battlefield, including their relationship to the American Revolutionary War and the Valley Forge National Historical Park; and (2) identify alternatives for National Park Service involvement at the sites and include cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives identified. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK SEC. 201. SHORT TITLE. This title may be cited as the ``Valley Forge Museum of the American Revolution Act of 1999''. SEC. 202. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Valley Forge National Historical Park, formerly a State park, was established as a unit of the National Park System in 1976. The National Park Service acquired various lands and structures associated with the park, including a visitor center, from the Commonwealth of Pennsylvania. (2) Valley Forge National Historical Park maintains an extensive collection of artifacts, books, and other documents associated with the Continental Army's winter encampment of 1777-1778 at Valley Forge, Revolutionary War-era artifacts of military life, important archaeological resources, and numerous structures and associated artifacts. (3) Between 1982 and 1997 the National Park Service completed a general management plan, long-range interpretive plan, and strategic business plan for Valley Forge National Historical Park that establish goals and priorities for management of the park. (4) These plans identify inadequacies in the park's current visitor center and interpretive programs. The plans call for the development of a new or significantly renovated visitor center that would make the collection accessible to the public through exhibits and research facilities. Plans also call for improving the interpretation of the landscape and improving the circulation into and through the park. (5) The Valley Forge Historical Society was established in 1918 as a nonprofit organization to preserve and interpret for future generations the significant history and artifacts of the American Revolution in their historic setting at Valley Forge. The Valley Forge Historical Society has amassed valuable holdings of artifacts, art, books, and other documents relating to the 1777-1778 encampment of Washington's Continental Army at Valley Forge, the American Revolution, and the American colonial era. The Society continues to pursue additional important collections through bequests, exchanges, and acquisitions. (6) The Society's collection is currently housed in a facility inadequate to properly maintain, preserve, and display their ever-growing collection. The Society is interested in developing an up-to-date museum and education facility. (7) The Society and the National Park Service have discussed the idea of a joint museum and education and visitor facility. Such a collaborative project would directly support the historical, educational, and interpretive activities and needs of Valley Forge National Historical Park and those of the Valley Forge Historical Society. A joint facility would combine 2 outstanding museum collections and provide an enhanced experience at Valley Forge for visitors, scholars, and researchers. (8) The Society has proposed to raise funds to construct a new museum and education and visitor center on park property at Valley Forge National Historical Park that would be planned, developed, and operated jointly with Valley Forge National Historical Park. (b) Purpose.--The purpose of this title is to authorize the Secretary of the Interior to enter into an agreement with the Valley Forge Historical Society to construct and operate a museum within the boundary of Valley Forge National Historical Park in cooperation with the Secretary. SEC. 203. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION. (a) Agreement Authorized.--The Secretary of the Interior, in administering the Valley Forge National Historical Park, is authorized to enter into an agreement under appropriate terms and conditions with the Valley Forge Historical Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of Valley Forge National Historical Park. (b) Contents and Implementation of Agreement.--An agreement entered into under subsection (a) shall-- (1) authorize the Society to develop and operate the museum pursuant to plans developed by the Secretary and to provide at the museum appropriate and necessary programs and services to visitors to Valley Forge National Historical Park, related to the story of Valley Forge and the American Revolution; (2) only be carried out in a manner consistent with the General Management Plan and other plans for the preservation and interpretation of the resources and values of Valley Forge National Historical Park; (3) authorize the Secretary to undertake at the museum activities related to the management of Valley Forge National Historical Park, including, but not limited to, provision of appropriate visitor information and interpretive facilities and programs related to Valley Forge National Historical Park; (4) authorize the Society, acting as a private nonprofit organization, to engage in activities appropriate for operation of a museum that may include, but are not limited to, charging appropriate fees, conducting events, and selling merchandise, tickets, and food to visitors to the museum; (5) provide that the Society's revenues from the museum's facilities and services shall be used to offset the expenses of the museum's operation; and (6) authorize the Society to occupy the structure(s) so constructed for the term specified in the Agreement and subject to the following terms and conditions: (A) The conveyance by the Society to the United States of America of all right, title, and interest in the structure(s) to be constructed at Valley Forge National Historical Park. (B) The Society's right to occupy and use the structure(s) shall be for the exhibition, preservation, and interpretation of artifacts associated with the Valley Forge story and the American Revolution, to enhance the visitor experience of Valley Forge National Historical Park, and to conduct appropriately related activities of the Society consistent with its mission and with the purposes for which the Valley Forge National Historical Park was established. Such right shall not be transferred or conveyed without the express consent of the Secretary. (C) Any other terms and conditions as may be determined by the Secretary. SEC. 204. PRESERVATION AND PROTECTION. Nothing in this Act shall authorize the Secretary or the Society to take any actions in derogation of the preservation and protection of the values and resources of Valley Forge National Historical Park. An agreement entered into under section 203 shall be construed and implemented in light of the high public value and integrity of the Valley Forge National Historical Park and the National Park System. Union Calendar No. 78 106th CONGRESS 1st Session H. R. 659 [Report No. 106-136] _______________________________________________________________________ A BILL To authorize appropriations for the protection of Paoli and Brandywine Battlefields in Pennsylvania, to direct the National Park Service to conduct a special resource study of Paoli and Brandywine Battlefields, to authorize the Valley Forge Museum of the American Revolution at Valley Forge National Historical Park, and for other purposes. _______________________________________________________________________ May 13, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

usgpo

2024-06-24T03:05:54.959081

BILLS-106hr686eh

An act to designate a United States courthouse in Brownsville, Texas, as the ``Garza-Vela United States Courthouse''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 686 Engrossed in House (EH)] 1st Session H. R. 686 _______________________________________________________________________ AN ACT To designate a United States courthouse in Brownsville, Texas, as the ``Garza-Vela United States Courthouse''. 106th CONGRESS 1st Session H. R. 686 _______________________________________________________________________ AN ACT To designate a United States courthouse in Brownsville, Texas, as the ``Garza-Vela United States Courthouse''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION. The United States courthouse located at the corner of Seventh Street and East Jackson Street in Brownsville, Texas, shall be designated and known as the ``Garza-Vela United States Courthouse''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the ``Garza-Vela United States Courthouse''. Passed the House of Representatives May 4, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:55.065119

BILLS-106hr686rfs

An act to designate a United States courthouse in Brownsville, Texas, as the ``Garza-Vela United States Courthouse''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 686 Referred in Senate (RFS)] 1st Session H. R. 686 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 5, 1999 Received; read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ AN ACT To designate a United States courthouse in Brownsville, Texas, as the ``Garza-Vela United States Courthouse''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION. The United States courthouse located at the corner of Seventh Street and East Jackson Street in Brownsville, Texas, shall be designated and known as the ``Garza-Vela United States Courthouse''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the ``Garza-Vela United States Courthouse''. Passed the House of Representatives May 4, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:55.181799

BILLS-106hr747rh

Arizona Statehood and Enabling Act Amendments of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 747 Reported in House (RH)] Union Calendar No. 79 106th CONGRESS 1st Session H. R. 747 [Report No. 106-140] To protect the permanent trust funds of the State of Arizona from erosion due to inflation and modify the basis on which distributions are made from those funds. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 11, 1999 Mr. Stump (for himself, Mr. Kolbe, Mr. Pastor, Mr. Hayworth, Mr. Salmon, and Mr. Shadegg) introduced the following bill; which was referred to the Committee on Resources May 13, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To protect the permanent trust funds of the State of Arizona from erosion due to inflation and modify the basis on which distributions are made from those funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona Statehood and Enabling Act Amendments of 1999''. SEC. 2. PROTECTION OF TRUST FUNDS OF STATE OF ARIZONA. (a) In General.--Section 28 of the Act of June 20, 1910 (36 Stat. 574, chapter 310) is amended in the first paragraph by adding at the end the following: ``The trust funds (including all interest, dividends, other income, and appreciation in the market value of assets of the funds) shall be prudently invested on a total rate of return basis. Distributions from the trust funds shall be made as provided in Article 10, Section 7 of the Constitution of the State of Arizona.''. (b) Conforming Amendments.-- (1) Section 25 of the Act of June 20, 1910 (36 Stat. 573, chapter 310), is amended in the proviso of the second paragraph by striking ``the income therefrom only to be used'' and inserting ``distributions from which shall be made in accordance with the first paragraph of section 28 and shall be used''. (2) Section 27 of the Act of June 20, 1910 (36 Stat. 574, chapter 310), is amended by striking ``the interest of which only shall be expended'' and inserting ``distributions from which shall be made in accordance with the first paragraph of section 28 and shall be expended''. SEC. 3. USE OF MINERS' HOSPITAL ENDOWMENT FUND FOR ARIZONA PIONEERS' HOME. (a) In General.--Section 28 of the Act of June 20, 1910 (36 Stat. 574, chapter 310) is amended in the second paragraph by inserting before the period at the end the following: ``, except that amounts in the Miners' Hospital Endowment Fund may be used for the benefit of the Arizona Pioneers' Home''. (b) Effective Date.--The amendment made by subsection (a) shall be deemed to have taken effect on June 20, 1910. SEC. 4. CONSENT OF CONGRESS TO AMENDMENTS TO CONSTITUTION OF STATE OF ARIZONA. Congress consents to the amendments to the Constitution of the State of Arizona proposed by Senate Concurrent Resolution 1007 of the 43rd Legislature of the State of Arizona, Second Regulator Session, 1998, entitled ``Senate Concurrent Resolution requesting the Secretary of State to return Senate Concurrent Resolution 1018, Forty-Third Legislature, First Regular Session, to the Legislature and submit the Proposition contained in Sections 3, 4, and 5 of this Resolution of the proposed amendments to Article IX, Section 7, Article X, Section 7, and Article XI, Section 8, Constitution of Arizona, to the voters; relating to investment of State monies'', approved by the voters of the State of Arizona on November 3, 1998. Union Calendar No. 79 106th CONGRESS 1st Session H. R. 747 [Report No. 106-140] _______________________________________________________________________ A BILL To protect the permanent trust funds of the State of Arizona from erosion due to inflation and modify the basis on which distributions are made from those funds. _______________________________________________________________________ May 13, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

usgpo

2024-06-24T03:05:55.190298

BILLS-106hr775eh

Year 2000 Readiness and Responsibility Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 775 Engrossed in House (EH)] 1st Session H. R. 775 _______________________________________________________________________ AN ACT To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. 106th CONGRESS 1st Session H. R. 775 _______________________________________________________________________ AN ACT To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Readiness and Responsibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Congress seeks to encourage businesses to concentrate their attention and resources in the short time remaining before January 1, 2000, on addressing, assessing, remediating, and testing their year 2000 problems, and to minimize any possible business disruptions associated with year 2000 issues. (2) It is appropriate for the Congress to enact legislation to assure that year 2000 problems do not unnecessarily disrupt interstate commerce or create unnecessary case loads in Federal and State courts and to provide initiatives to help businesses prepare and be in a position to withstand the potentially devastating economic impact of the year 2000 problem. (3) Year 2000 issues will affect practically all business enterprises to some degree, giving rise to a large number of disputes. (4) Resorting to the legal system for resolution of year 2000 problems is not feasible for many businesses, particularly small businesses, because of its complexity and expense. (5) The delays, expense, uncertainties, loss of control, adverse publicity and animosities that frequently accompany litigation of business disputes can only exacerbate the difficulties associated with the year 2000 date change, and work against the successful resolution of those difficulties. (6) The Congress recognizes that every business in the United States should be concerned that widespread and protracted year 2000 litigation may threaten the network of valued and trusted business relationships that are so important to the effective functioning of the world economy, and which may put unbearable strains on an overburdened judicial system. (7) A proliferation of frivolous year 2000 actions by opportunistic parties may further limit access to courts by straining the resources of the legal system and depriving deserving parties of their legitimate rights to relief. (8) The Congress encourages businesses to approach their year 2000 disputes responsibly, and to avoid unnecessary, time- consuming and costly litigation based on year 2000 failures. Congress supports good faith negotiations between parties when there is a dispute over a year 2000 problem, and, if necessary, urges the parties to enter into voluntary, non-binding mediation rather than litigation. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means a contract, tariff, license, or warranty. (2) Damages.--The term ``damages'' means punitive, compensatory, and restitutionary relief. (3) Defendant.--The term ``defendant'' means any person against whom a year 2000 claim has been asserted. (4) Economic loss.--The term ``economic loss''-- (A) means any damages other than damages arising out of personal injury or damage to tangible property; and (B) includes, but is not limited to, damages for lost profits or sales, for business interruption, for losses indirectly suffered as a result of the defendant's wrongful act or omission, for losses that arise because of the claims of third parties, for losses that must be pleaded as special damages, and consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law). (5) Governmental entity.--The term ``governmental entity'' means an agency, instrumentality, other entity, or official of Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities). (6) Material defect.--The term ``material defect'' means a defect in any item, whether tangible or intangible, or in the provision of a service, that substantially prevents the item or service from operating or functioning as designed or intended. The term ``material defect'' does not include a defect that has an insignificant or de minimis effect on the operation or functioning of an item, that affects only a component of an item that, as a whole, substantially operates or functions as designed, or that has an insignificant or de minimis effect on the efficacy of the service provided. (7) Person.--The term ``person'' means any natural person and any entity, organization, or enterprise, including but not limited to corporations, companies, joint stock companies, associations, partnerships, trusts, and governmental entities. (8) Personal injury.--The term ``personal injury'' means any physical injury to a natural person, including death of the person, and mental suffering, emotional distress, or like elements of injury suffered by a natural person in connection with a physical injury. (9) Plaintiff.--The term ``plaintiff'' means any person who asserts a year 2000 claim. (10) Punitive damages.--The term ``punitive damages'' means damages that are awarded against any person to punish such person or to deter such person, or others, from engaging in similar behavior in the future. (11) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, and any political subdivision thereof. (12) Year 2000 action.--The term ``year 2000 action'' means any civil action of any kind brought in any court under Federal or State law, or an agency board of contract appeal proceeding, in which a year 2000 claim is asserted. (13) Year 2000 claim.--The term ``year 2000 claim''-- (A) means any claim or cause of action of any kind, other than a claim based on personal injury, whether asserted by way of claim, counterclaim, cross-claim, third-party claim, defense, or otherwise, in which the plaintiff's alleged loss or harm resulted, directly or indirectly, from a year 2000 failure; (B) includes a claim brought in any Federal or State court by a governmental entity when acting in a commercial or contracting capacity; and (C) does not include a claim brought by such a governmental entity acting in a regulatory, supervisory, or enforcement capacity. (14) Year 2000 failure.--The term ``year 2000 failure'' means any failure by any device or system (including, without limitation, any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions, however constructed, in processing, calculating, comparing, sequencing, displaying, storing, transmitting, or receiving year 2000 date-related data. SEC. 4. APPLICATION OF ACT. (a) General Rule.--This Act applies to any year 2000 claim brought after January 1, 1999, including any appeal, remand, stay, or other judicial, administrative, or alternative dispute resolution proceeding with respect to such claim. (b) No New Cause of Action Created.--Nothing in this Act creates a new cause of action, and, except as otherwise explicitly provided in this Act, nothing in this Act expands any liability otherwise imposed or limits any defense otherwise available under Federal or State law. (c) Exclusion of Personal Injury Claims.--None of the provisions of this Act shall apply to any claim based on personal injury, including any claim asserted by way of claim, counterclaim, cross-claim, third- party claim, or otherwise, that arises out of an underlying action for personal injury. (d) Preemption of State Law.--Except as otherwise provided in this Act, this Act supersedes State law to the extent that it establishes a rule of law applicable to a year 2000 claim that is inconsistent with State law. (e) Certain Other Actions.--A person who is liable for damages, whether by settlement or judgment, in a claim or civil action to which this Act does not apply by reason of subsection (c) and whose liability, in whole or in part, is the result of a year 2000 failure may pursue any remedy otherwise available under Federal or State law against the person responsible for that year 2000 failure to the extent of recovering the amount of those damages. Any such remedy shall not be subject to this Act. TITLE I--UNIFORM PRE- LITIGATION PROCEDURES FOR YEAR 2000 ACTIONS SEC. 101. NOTICE PROCEDURES TO AVOID UNNECESSARY YEAR 2000 ACTIONS. (a) Notification Period.--Before filing a year 2000 action, except an action that seeks only injunctive relief, a prospective plaintiff shall send by certified mail to each prospective defendant a written notice that identifies, with particularity as to any year 2000 claim-- (1) any symptoms of any material defect alleged to have caused harm or loss; (2) the harm or loss allegedly suffered by the prospective plaintiff; (3) the facts that lead the prospective plaintiff to hold such person responsible for both the defect and the injury; (4) the relief or action sought by the prospective plaintiff; and (5) the name, title, address, and telephone numbers of any individual who has authority to negotiate a resolution of the dispute on behalf of the prospective plaintiff. The notice under this subsection does not require descriptions of technical specifications or other technical details with respect to the material defect at issue. Except as provided in subsection (c), the prospective plaintiff shall not commence an action in Federal or State court until the expiration of 90 days after the date on which such notice is received. Such 90-day period shall be excluded in the computation of any applicable statute of limitations. (b) Response to Notice.-- (1) In general.--Not later than 30 days after receipt of the notice specified in subsection (a), each prospective defendant shall send by certified mail with return receipt requested to each prospective plaintiff a written statement acknowledging receipt of the notice and describing any actions it has taken or will take by not later than 60 days after the end of that 30-day period, to remedy the problem identified by the prospective plaintiff. (2) Inadmissibility.--A written statement required by this subsection is not admissible in evidence, under Rule 408 of the Federal Rules of Evidence or any analogous rule of evidence in any State, in any proceeding to prove liability for, or the invalidity of, a claim or its amount, or otherwise as evidence of conduct or statements made in compromise negotiations. (3) Presumptive time of receipt.--For purposes of paragraph (1), a notice under subsection (a) is presumed to be received 7 days after it was sent. (c) Failure To Respond.--If a prospective defendant fails to respond to a notice provided pursuant to subsection (a) within the 30- day period specified in subsection (b) or does not describe the action, if any, that the prospective defendant has taken or will take to remedy the problem identified by the prospective plaintiff within the subsequent 60 days, the 90-day period specified in subsection (a) shall terminate at the end of that 30-day period as to that prospective defendant and the prospective plaintiff may thereafter commence its action against that prospective defendant. (d) Failure To Provide Notice.--If a defendant determines that a plaintiff has filed a year 2000 action without providing the notice specified in subsection (a) and without awaiting the expiration of the 90-day period specified in subsection (a), the defendant may treat the plaintiff's complaint as such a notice by so informing the court and the plaintiff in its initial response to the complaint. If any defendant elects to treat the complaint as such a notice-- (1) the court shall stay all discovery in the action involving that defendant for the applicable time period provided in subsection (a) or (c), as the case may be, after filing of the complaint; and (2) the time for filing answers and all other pleadings shall be tolled during such applicable period. (e) Effect of Contractual Waiting Periods.--In cases in which a contract or a statute enacted before January 1, 1999, requires notice of nonperformance and provides for a period of delay prior to the initiation of suit for breach or repudiation of contract, the period of delay provided in the contract or the statute is controlling over the waiting period specified in subsections (a) and (d). (f) Sanction for Frivolous Invocation of the Stay Provision.--In any action in which a defendant acts pursuant to subsection (d) to stay the action, and the court subsequently finds that the defendant's assertion that the suit is a year 2000 action was frivolous and made for the purpose of causing unnecessary delay, the court may award sanctions to opposing parties in accordance with the provisions of Rule 11 of the Federal Rules of Civil Procedure or the equivalent applicable State rule. (g) Computation of Time.--For purposes of this section, the rules regarding computation of time shall be governed by the applicable Federal or State rules of civil procedure. (h) Special Rule for Class Actions.--For the purpose of applying this section to a year 2000 action that is maintained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to named plaintiffs in the class action. SEC. 102. ALTERNATIVE DISPUTE RESOLUTION TO AVOID UNNECESSARY YEAR 2000 ACTIONS. (a) In General.--(1) At any time during the 90-day period specified in section 101(a), either party may request the other to use alternative dispute resolution. If, based upon that request, the parties enter into an agreement to use alternative dispute resolution, they may also agree to an extension of the 90-day period. (2) At any time after expiration of the 90-day period specified in section 101(a), whether before or after the filing of a complaint, either party may request the other to use alternative dispute resolution. (b) Payment of Moneys Due.--If the parties resolve their dispute through alternative dispute resolution as provided in subsection (a), the defendant shall pay all moneys due within 30 days, unless another period of time is agreed to by the parties or established by contract between the parties. (c) Foreclosure of Further Proceedings on Resolved Issues.-- Resolution of the issues by the parties prior to litigation through negotiation or alternative dispute resolution shall foreclose any further proceedings with respect to those issues. SEC. 103. PLEADING REQUIREMENTS. (a) Application With Rules of Civil Procedure.--This section applies exclusively to year 2000 claims and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure. (b) Nature and Amount of Damages.--With respect to any year 2000 claim that seeks the award of money damages, the complaint shall state with particularity the nature and amount of each element of damages, and the factual basis for the damages calculation. (c) Material Defects.--With respect to any year 2000 claim in which the plaintiff alleges that a product or service was defective, the complaint shall identify with particularity the symptoms of the material defects and shall state with particularity the facts supporting the conclusion that the defects are material. (d) Required State of Mind.--With respect to any year 2000 claim as to which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, the complaint shall, with respect to each element of the year 2000 claim, state with particularity the facts giving rise to a strong inference that the defendant acted with the required state of mind. (e) Motion To Dismiss; Stay of Discovery.-- (1) Dismissal for failure to meet pleading requirements.-- In any year 2000 action, the court shall, on the motion of any defendant, dismiss the complaint without prejudice if the requirements of subsection (a), (b), or (c) are not met with respect to any year 2000 claim asserted therein. (2) Stay of discovery.--In any year 2000 action, all discovery shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or prevent undue prejudice to that party. (3) Preservation of evidence.-- (A) In general.--During the pendency of any stay of discovery entered pursuant to this subsection, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations (including electronically stored or recorded data), and tangible objects that are in the custody or control of such person and that are relevant to the allegations, as if they were a subject of a continuing request for production of documents from an opposing party under applicable Federal or State rules of civil procedure. (B) Sanction for willful violation.--A party aggrieved by the willful failure of an opposing party to comply with subparagraph (A) may apply to the court for an order awarding appropriate sanctions. SEC. 104. DUTY OF ALL PERSONS TO MITIGATE YEAR 2000 COMPUTER FAILURES AND RESULTING DAMAGES. Damages awarded for any year 2000 claim shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant's product or services concerning means of remedying or avoiding the year 2000 failure. TITLE II--YEAR 2000 ACTIONS INVOLVING CONTRACTS SEC. 201. CERTAINTY OF CONTRACT TERMS FOR PREVENTION OF YEAR 2000 DAMAGES. (a) In General.--Subject to subsection (b), in resolving any year 2000 claim, any written contractual term, including a limitation or an exclusion of liability, or a disclaimer of warranty, shall be fully enforced unless the enforcement of that term would manifestly and directly contravene applicable State law embodied in any statute in effect on January 1, 1999, specifically addressing that term. (b) Interpretation of Contract.--In resolving any year 2000 claim as to which a contract to which subsection (a) applies is silent with respect to a particular issue, the interpretation of the contract with respect to that issue shall be determined by applicable law in effect at the time the contract was executed. SEC. 202. APPLICATION OF EXISTING IMPOSSIBILITY OR COMMERCIAL IMPRACTICABILITY DOCTRINES. (a) Doctrine of Impossibility and Commercial Impracticability.-- With respect to any year 2000 claim for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this Act shall be construed as limiting or impairing a party's right to assert defenses based upon such doctrines. (b) Reasonable Efforts.--To the extent that impossibility or commercial impracticability is raised as a defense against a claim for breach or repudiation of contract, the party asserting the defense shall be allowed to offer evidence that its implementation of the contract, or its efforts to implement the contract, were reasonable in light of the circumstances. SEC. 203. PROTECTION OF PERSONS FROM LIABILITY NOT ANTICIPATED IN YEAR 2000 CONTRACTS. With respect to any year 2000 claim involving a breach of contract or a claim related to the contract, no party may claim or be awarded any category of damages unless such damages are allowed by the express terms of the contract or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into. TITLE III--YEAR 2000 ACTIONS INVOLVING TORT AND OTHER NONCONTRACTUAL CLAIMS SEC. 301. PROPORTIONATE LIABILITY. (a) In General.--A person against whom a final judgment is entered with respect to a year 2000 claim, other than a claim for breach or repudiation of contract, shall be liable solely for the portion of the judgment that corresponds to the percentage of responsibility of that person, as determined under subsection (b). (b) Determination of Responsibility.-- (1) In general.--With respect to any year 2000 claim, the court shall instruct the jury to answer special interrogatories, or if there is no jury, shall make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, including (but not limited to) persons who have entered into settlements with the plaintiff or plaintiffs, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (2) Contents of special interrogatories or findings.--The responses to interrogatories, or findings, as appropriate, under paragraph (1) shall specify the total amount of damages that the plaintiff is entitled to recover and the percentage of responsibility of each person found to have caused or contributed to the loss incurred by the plaintiff or plaintiffs. (3) Factors for consideration.--In determining the percentage of responsibility under this subsection, the trier of fact shall consider-- (A) the nature of the conduct of each person alleged to have caused or contributed to the loss incurred by the plaintiff; and (B) the nature and extent of the causal relationship between the conduct of each such person and the damages incurred by the plaintiff or plaintiffs. (4) Nondisclosure to jury.--The standard for allocation of damages under paragraph (1) shall not be disclosed to members of the jury. SEC. 302. LIMITATION ON BYSTANDER LIABILITY FOR YEAR 2000 FAILURES. (a) In General.--With respect to any year 2000 claim for money damages in which-- (1) the defendant is not the manufacturer, seller, or distributor of a product, or the provider of a service, that suffers or causes the year 2000 failure at issue; (2) the plaintiff is not in substantial privity with the defendant; and (3) the defendant's actual or constructive awareness of an actual or potential year 2000 failure is an element of the claim under applicable law, the defendant shall not be liable unless the plaintiff, in addition to establishing all other requisite elements of the claim, proves by clear and convincing evidence that the defendant actually knew, or recklessly disregarded a known and substantial risk, that such failure would occur. (b) Substantial Privity.--For purposes of subsection (a)(2), a plaintiff and a defendant are in substantial privity when, in a year 2000 claim arising out of the performance of professional services, the plaintiff and the defendant either have contractual relations with one another or the plaintiff is a person who, prior to the defendant's performance of such services, was specifically identified to and acknowledged by the defendant as a person for whose special benefit the services were being performed. (c) Certain Claims Excluded.--For purposes of subsection (a)(3), claims in which the defendant's actual or constructive awareness of an actual or potential year 2000 failure is an element of the claim under applicable law do not include claims for negligence but do include claims such as fraud, constructive fraud, breach of fiduciary duty, negligent misrepresentation, and interference with contract or economic advantage. SEC. 303. REASONABLE EFFORTS DEFENSE. With respect to any year 2000 claim seeking money damages, except with respect to claims asserting breach or repudiation of contract-- (1) the fact that a year 2000 failure occurred in an entity, facility, system, product, or component that was sold by, leased by, rented by, or otherwise within the control of the party against whom the claim is asserted shall not constitute the sole basis for recovery; and (2) the party against whom the claim is asserted shall be entitled to establish, as a complete defense to the claim, that it took measures that were reasonable under the circumstances to prevent the year 2000 failure from occurring or from causing the damages upon which the claim is based. SEC. 304. DAMAGES LIMITATION. (a) Standard for Awards.--With respect to any year 2000 claim for which punitive damages may be awarded under applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that conduct carried out by the defendant showed a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm or loss that is the subject of the year 2000 claim. This requirement is in addition to any other requirement in applicable law for the award of such damages. (b) Caps on Punitive Damages.-- (1) In general.--With respect to any year 2000 claim, if a defendant is found liable for punitive damages, the amount of punitive damages that may be awarded to a plaintiff shall not exceed the greater of-- (A) three times the amount awarded to the plaintiff for compensatory damages; or (B) $250,000. (2) Special rule.-- (A) In general.--Notwithstanding paragraph (1), with respect to any year 2000 claim, if the defendant is found liable for punitive damages and the defendant-- (i) is an individual whose net worth does not exceed $500,000; (ii) is an owner of an unincorporated business that has fewer than 25 full-time employees; or (iii) is-- (I) a partnership; (II) corporation; (III) association; (IV) unit of local government; or (V) organization, that has fewer than 25 full-time employees, the amount of punitive damages shall not exceed the lesser of three times the amount awarded to the plaintiff for compensatory damages, or $250,000. (B) Applicability.--For purposes of determining the applicability of this paragraph to a corporation, the number of employees of a subsidiary of a wholly owned corporation shall include all employees of a parent corporation or any subsidiary of that parent corporation. (3) Application of limitations by the court.--The limitations contained in paragraphs (1) and (2) shall be applied by the court and shall not be disclosed to the jury. SEC. 305. RECOVERY OF ECONOMIC DAMAGES FOR YEAR 2000 CLAIMS. (a) Limitation on Recovery of Economic Losses.--Subject to subsection (b), a plaintiff making a year 2000 claim alleging a nonintentional tort may recover economic losses only upon establishing, in addition to all other elements of the claim under applicable law, that any one of the following circumstances exists: (1) The recovery of such losses is provided for in a contract to which the plaintiff is a party. (2) Such losses are incidental to a year 2000 claim based on damage to tangible personal or real property caused by a year 2000 failure (other than damage to property that is the subject of a contract between the parties involved in the year 2000 claim). (b) Recovery Must Be Permitted Under Applicable Law.--Economic losses shall be recoverable under this section only if applicable Federal law, or applicable State law embodied in statute or controlling judicial precedent as of January 1, 1999, permits the recovery of such losses. SEC. 306. LIABILITY OF OFFICERS AND DIRECTORS. (a) In General.--A director, officer, or trustee of a business or other organization (including a corporation, unincorporated association, partnership, or nonprofit organization) shall not be personally liable with respect to any year 2000 claim in his or her capacity as a director or officer of the business or organization for an aggregate amount that exceeds the greater of-- (1) $100,000; or (2) the amount of cash compensation received by the director or officer from the business or organization during the 12-month period immediately preceding the act or omission for which liability was imposed. (b) Rule of Construction.--Nothing in this section shall be deemed to impose, or to permit the imposition of, personal liability on any director, officer, or trustee in excess of the aggregate amount of liability to which such director, officer, or trustee would be subject under applicable State law in existence on January 1, 1999 (including any charter or bylaw authorized by such State law). TITLE IV--YEAR 2000 CLASS ACTIONS SEC. 401. MINIMUM INJURY REQUIREMENT. (a) In General.--In any year 2000 action involving a year 2000 claim that a product or service is defective, the action may be maintained as a class action in Federal or State court as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (b) Determination by Court.--As soon as practicable after the commencement of a year 2000 action involving a year 2000 claim that a product or service is defective and that is brought as a class action, the court shall determine by order whether the requirement set forth in subsection (a) is satisfied. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. SEC. 402. NOTIFICATION. (a) Notice by Mail.--In any year 2000 action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class by United States mail, return receipt requested. Persons whose actual receipt of the notice is not verified by the court or by counsel for one of the parties shall be excluded from the class unless those persons inform the court in writing, on a date no later than the commencement of trial or entry of judgment, that they wish to join the class. (b) Contents of Notice.--In addition to any information required by applicable Federal or State law, the notice described in this subsection shall-- (1) concisely and clearly describe the nature of the action; (2) identify the jurisdiction whose law will govern the action and where the action is pending; (3) identify any potential claims that class counsel chose not to pursue so that the action would satisfy class certification requirements; (4) describe the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted; and (5) describe the procedure for opting out of the class. (c) Settlement.--The parties to a year 2000 action that is brought as a class action may not enter into, nor request court approval of, any settlement or compromise before the class has been certified. SEC. 403. DISMISSAL PRIOR TO CERTIFICATION. Before determining whether to certify a class in a year 2000 action, the court may decide a motion to dismiss or for summary judgment made by any party if the court concludes that decision will promote the fair and efficient adjudication of the controversy and will not cause undue delay. SEC. 404. FEDERAL JURISDICTION IN YEAR 2000 CLASS ACTIONS. (a) Jurisdiction.--Except as provided in subsection (b), a year 2000 action may be brought as a class action in the United States district court or removed to the appropriate United States district court if the amount in controversy is greater than the sum or value of $1,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action. (b) Exception.--A year 2000 action shall not be brought or removed as a class action under this section if-- (1)(A) the substantial majority of the members of the proposed plaintiff class are citizens of a single State of which the primary defendants are also citizens; and (B) the claims asserted will be governed primarily by the laws of that State; or (2) the primary defendants are States, State officials, or other governmental entities against whom the United States district court may be foreclosed from ordering relief. TITLE V--CLIENT PROTECTION IN CONNECTION WITH YEAR 2000 ACTIONS SEC. 501. SCOPE. This title applies to any year 2000 action asserted or brought in Federal or State court. SEC. 502. DEFINITIONS. In this title: (1) Attorney.--the term ``attorney'' means any natural person, professional law association, corporation, or partnership authorized under applicable State law to practice law. (2) Attorney's services.--The term ``attorney's services'' means the professional advice or counseling of or representation by an attorney, but such term shall not include other assistance incurred, directly or indirectly, in connection with an attorney's services, such as administrative or secretarial assistance, overhead, travel expenses, witness fees, or preparation by a person other than the attorney of any study, analysis, report, or test. (3) Contingent fee.--The term ``contingent fee'' means the cost or price of an attorney's services determined by applying a specified percentage, which may be a firm fixed percentage, a graduated or sliding percentage, or any combination thereof, to the amount of the settlement or judgment obtained. (4) Hourly fee.--The term ``hourly fee'' means the cost or price per hour of an attorney's services. (5) Retain.--The term ``retain'' means the act of a client in engaging an attorney's services, whether by express or implied agreement, by seeking and obtaining the attorney's services. SEC. 503. CONSUMER'S RIGHT TO UP-FRONT DISCLOSURE OF INFORMATION REGARDING FEES AND SETTLEMENT PROPOSALS. Before being retained by a client with respect to a year 2000 claim or a year 2000 action, an attorney shall disclose to the client the client's rights under this title and the client's right to receive a written statement of the information described under sections 504 and 505. SEC. 504. INFORMATION AFTER INITIAL MEETING. (a) Written Disclosure of Fees.--Within 30 days after the disclosure described under section 503, an attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall provide a written statement to the client setting forth-- (1) in the case of an attorney retained on an hourly basis, the attorney's hourly fee for services in pursuing the year 2000 claim or year 2000 action and any conditions, limitations, restrictions, or other qualifications on the fee, including likely expenses and the client's obligation for those expenses; and (2) in the case of an attorney retained on a contingent fee basis, the attorney's contingent fee for services in pursuing the year 2000 claim or year 2000 action and any conditions, limitations, restrictions, or other qualifications on the fee, including likely expenses and the client's obligation for those expenses. (b) Consumer's Right to Timely Updated Information About Fees.--In addition to the requirements contained in subsection (a), in the case of an attorney retained on an hourly basis, the attorney shall also render regular statements (at least once each 90 days) to the client containing a description of hourly charges and expenses incurred in the pursuit of the client's year 2000 claim or year 2000 action by each attorney assigned to the client's matter. SEC. 505. CONSUMER'S RIGHT TO TIMELY UPDATED INFORMATION ABOUT SETTLEMENT PROPOSALS AND DETAILED STATEMENT OF HOURS AND FEES. An attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall advise the client of all written settlement offers to the client and of the attorney's estimate of the likelihood of achieving a more or less favorable resolution to the year 2000 claim or year 2000 action, the likely timing of such resolution, and the likely attorney's fees and expenses required to obtain such a resolution. An attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall, within a reasonable time not later than 60 days after the date on which the year 2000 claim or year 2000 action is finally settled or adjudicated, provide a written statement to the client containing-- (1) in the case of an attorney retained on an hourly basis, the actual number of hours expended by each attorney on behalf of the client in connection with the year 2000 claim or year 2000 action, the attorney's hourly rate, and the total amount of hourly fees; and (2) in the case of an attorney retained on a contingent fee basis, the total contingent fee for the attorney's services in connection with the year 2000 claim or year 2000 action. SEC. 506. CLASS ACTIONS. An attorney representing a class or a defendant in a year 2000 action maintained as a class action shall make the disclosures required under this title to the presiding judge, in addition to making such disclosures to each named representative of the class. The presiding judge shall, at the outset of the year 2000 action, determine a reasonable attorney's fee by determining the appropriate hourly rate and the maximum percentage of the recovery to be paid in attorney's fees. Notwithstanding any other provision of law or agreement to the contrary, the presiding judge shall award attorney's fees only pursuant to this title. SEC. 507. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES AFTER AN OFFER OF SETTLEMENT. (a) Offer of Settlement.--With respect to any year 2000 claim, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle the year 2000 claim for money or property, including a motion to dismiss the claim, and to enter into a stipulation dismissing the claim or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. (b) Acceptance of Offer.--If the party receiving an offer under subsection (a) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. (c) Further Offers Not Precluded.--The fact that an offer under subsection (a) is made but not accepted does not preclude a subsequent offer under subsection (a). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this section. (d) Exemption of Claims.--At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this section any year 2000 claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this section, all offers made by any party under subsection (a) with respect to that claim shall be void and have no effect. (e) Petition for Payment of Costs, Etc.--If all offers made by a party under subsection (a) with respect to a year 2000 claim, including any motion to dismiss the claim, are not accepted and the dollar amount of the judgment, verdict, or order that is finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) with respect to the year 2000 claim is not more favorable to the offeree with respect to the year 2000 claim than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the year 2000 claim from the date the last such offer was made or, if the offeree made an offer under this section, from the date the last such offer by the offeree was made. (f) Order To Pay Costs, Etc.--If the court finds, pursuant to a petition filed under subsection (e) with respect to a year 2000 claim, that the dollar amount of the judgment, verdict, or order that is finally issued is not more favorable to the offeree with respect to the year 2000 claim than the last such offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the year 2000 claim from the date the last offer was made or, if the offeree made an offer under this section, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. (g) Amount of Attorney's Fees.--Attorney's fees under subsection (f) shall be a reasonable attorney's fee attributable to the year 2000 claim involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under subsection (f) may not exceed-- (A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the year 2000 claim; or (B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the year 2000 claim. (h) Inapplicability to Equitable Remedies.--This section does not apply to any claim seeking an equitable remedy. (i) Inapplicability to Class Actions.--This section does not apply with respect to a year 2000 action brought as a class action. SEC. 508. ENFORCEMENT OF CONSUMER PROTECTION RULES IN YEAR 2000 CLAIMS AND ACTIONS. A client whose attorney fails to comply with this title may file a civil action for damages in the court in which the year 2000 claim or year 2000 action was filed or could have been filed or other court of competent jurisdiction. The remedy provided by this section is in addition to any other available remedy or penalty. Passed the House of Representatives May 12, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:55.449260

BILLS-106hr883rfs

American Land Sovereignty Protection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 883 Referred in Senate (RFS)] 1st Session H. R. 883 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 20, 1999 Received; read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ AN ACT To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of the enactment and before December 31, 2003; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the designation does not adversly affect State or local government revenue, including revenue for public education programs, and that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''. SEC. 7. INTERNATIONAL AGREEMENTS CONCERNING THE DISPOSAL, MANAGEMENT, AND USE OF LANDS BELONGING TO THE UNITED STATES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 405. No Federal official may enter into an agreement with any international or foreign entity (including any subsidiary thereof) providing for the disposal, management, and use of any lands owned by the United States and located within the United States unless such agreement is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such agreements.''. Passed the House of Representatives May 20, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:55.608937

BILLS-106hr775pcs

Year 2000 Readiness and Responsibility Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 775 Placed on Calendar Senate (PCS)] Calendar No. 113 106th CONGRESS 1st Session H. R. 775 _______________________________________________________________________ AN ACT To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. May 13, 1999 Received; read twice and placed on the calendar Calendar No. 113 106th CONGRESS 1st Session H. R. 775 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Received; read twice and placed on the calendar _______________________________________________________________________ AN ACT To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Readiness and Responsibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Congress seeks to encourage businesses to concentrate their attention and resources in the short time remaining before January 1, 2000, on addressing, assessing, remediating, and testing their year 2000 problems, and to minimize any possible business disruptions associated with year 2000 issues. (2) It is appropriate for the Congress to enact legislation to assure that year 2000 problems do not unnecessarily disrupt interstate commerce or create unnecessary case loads in Federal and State courts and to provide initiatives to help businesses prepare and be in a position to withstand the potentially devastating economic impact of the year 2000 problem. (3) Year 2000 issues will affect practically all business enterprises to some degree, giving rise to a large number of disputes. (4) Resorting to the legal system for resolution of year 2000 problems is not feasible for many businesses, particularly small businesses, because of its complexity and expense. (5) The delays, expense, uncertainties, loss of control, adverse publicity and animosities that frequently accompany litigation of business disputes can only exacerbate the difficulties associated with the year 2000 date change, and work against the successful resolution of those difficulties. (6) The Congress recognizes that every business in the United States should be concerned that widespread and protracted year 2000 litigation may threaten the network of valued and trusted business relationships that are so important to the effective functioning of the world economy, and which may put unbearable strains on an overburdened judicial system. (7) A proliferation of frivolous year 2000 actions by opportunistic parties may further limit access to courts by straining the resources of the legal system and depriving deserving parties of their legitimate rights to relief. (8) The Congress encourages businesses to approach their year 2000 disputes responsibly, and to avoid unnecessary, time- consuming and costly litigation based on year 2000 failures. Congress supports good faith negotiations between parties when there is a dispute over a year 2000 problem, and, if necessary, urges the parties to enter into voluntary, non-binding mediation rather than litigation. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means a contract, tariff, license, or warranty. (2) Damages.--The term ``damages'' means punitive, compensatory, and restitutionary relief. (3) Defendant.--The term ``defendant'' means any person against whom a year 2000 claim has been asserted. (4) Economic loss.--The term ``economic loss''-- (A) means any damages other than damages arising out of personal injury or damage to tangible property; and (B) includes, but is not limited to, damages for lost profits or sales, for business interruption, for losses indirectly suffered as a result of the defendant's wrongful act or omission, for losses that arise because of the claims of third parties, for losses that must be pleaded as special damages, and consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law). (5) Governmental entity.--The term ``governmental entity'' means an agency, instrumentality, other entity, or official of Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities). (6) Material defect.--The term ``material defect'' means a defect in any item, whether tangible or intangible, or in the provision of a service, that substantially prevents the item or service from operating or functioning as designed or intended. The term ``material defect'' does not include a defect that has an insignificant or de minimis effect on the operation or functioning of an item, that affects only a component of an item that, as a whole, substantially operates or functions as designed, or that has an insignificant or de minimis effect on the efficacy of the service provided. (7) Person.--The term ``person'' means any natural person and any entity, organization, or enterprise, including but not limited to corporations, companies, joint stock companies, associations, partnerships, trusts, and governmental entities. (8) Personal injury.--The term ``personal injury'' means any physical injury to a natural person, including death of the person, and mental suffering, emotional distress, or like elements of injury suffered by a natural person in connection with a physical injury. (9) Plaintiff.--The term ``plaintiff'' means any person who asserts a year 2000 claim. (10) Punitive damages.--The term ``punitive damages'' means damages that are awarded against any person to punish such person or to deter such person, or others, from engaging in similar behavior in the future. (11) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, and any political subdivision thereof. (12) Year 2000 action.--The term ``year 2000 action'' means any civil action of any kind brought in any court under Federal or State law, or an agency board of contract appeal proceeding, in which a year 2000 claim is asserted. (13) Year 2000 claim.--The term ``year 2000 claim''-- (A) means any claim or cause of action of any kind, other than a claim based on personal injury, whether asserted by way of claim, counterclaim, cross-claim, third-party claim, defense, or otherwise, in which the plaintiff's alleged loss or harm resulted, directly or indirectly, from a year 2000 failure; (B) includes a claim brought in any Federal or State court by a governmental entity when acting in a commercial or contracting capacity; and (C) does not include a claim brought by such a governmental entity acting in a regulatory, supervisory, or enforcement capacity. (14) Year 2000 failure.--The term ``year 2000 failure'' means any failure by any device or system (including, without limitation, any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions, however constructed, in processing, calculating, comparing, sequencing, displaying, storing, transmitting, or receiving year 2000 date-related data. SEC. 4. APPLICATION OF ACT. (a) General Rule.--This Act applies to any year 2000 claim brought after January 1, 1999, including any appeal, remand, stay, or other judicial, administrative, or alternative dispute resolution proceeding with respect to such claim. (b) No New Cause of Action Created.--Nothing in this Act creates a new cause of action, and, except as otherwise explicitly provided in this Act, nothing in this Act expands any liability otherwise imposed or limits any defense otherwise available under Federal or State law. (c) Exclusion of Personal Injury Claims.--None of the provisions of this Act shall apply to any claim based on personal injury, including any claim asserted by way of claim, counterclaim, cross-claim, third- party claim, or otherwise, that arises out of an underlying action for personal injury. (d) Preemption of State Law.--Except as otherwise provided in this Act, this Act supersedes State law to the extent that it establishes a rule of law applicable to a year 2000 claim that is inconsistent with State law. (e) Certain Other Actions.--A person who is liable for damages, whether by settlement or judgment, in a claim or civil action to which this Act does not apply by reason of subsection (c) and whose liability, in whole or in part, is the result of a year 2000 failure may pursue any remedy otherwise available under Federal or State law against the person responsible for that year 2000 failure to the extent of recovering the amount of those damages. Any such remedy shall not be subject to this Act. TITLE I--UNIFORM PRE- LITIGATION PROCEDURES FOR YEAR 2000 ACTIONS SEC. 101. NOTICE PROCEDURES TO AVOID UNNECESSARY YEAR 2000 ACTIONS. (a) Notification Period.--Before filing a year 2000 action, except an action that seeks only injunctive relief, a prospective plaintiff shall send by certified mail to each prospective defendant a written notice that identifies, with particularity as to any year 2000 claim-- (1) any symptoms of any material defect alleged to have caused harm or loss; (2) the harm or loss allegedly suffered by the prospective plaintiff; (3) the facts that lead the prospective plaintiff to hold such person responsible for both the defect and the injury; (4) the relief or action sought by the prospective plaintiff; and (5) the name, title, address, and telephone numbers of any individual who has authority to negotiate a resolution of the dispute on behalf of the prospective plaintiff. The notice under this subsection does not require descriptions of technical specifications or other technical details with respect to the material defect at issue. Except as provided in subsection (c), the prospective plaintiff shall not commence an action in Federal or State court until the expiration of 90 days after the date on which such notice is received. Such 90-day period shall be excluded in the computation of any applicable statute of limitations. (b) Response to Notice.-- (1) In general.--Not later than 30 days after receipt of the notice specified in subsection (a), each prospective defendant shall send by certified mail with return receipt requested to each prospective plaintiff a written statement acknowledging receipt of the notice and describing any actions it has taken or will take by not later than 60 days after the end of that 30-day period, to remedy the problem identified by the prospective plaintiff. (2) Inadmissibility.--A written statement required by this subsection is not admissible in evidence, under Rule 408 of the Federal Rules of Evidence or any analogous rule of evidence in any State, in any proceeding to prove liability for, or the invalidity of, a claim or its amount, or otherwise as evidence of conduct or statements made in compromise negotiations. (3) Presumptive time of receipt.--For purposes of paragraph (1), a notice under subsection (a) is presumed to be received 7 days after it was sent. (c) Failure To Respond.--If a prospective defendant fails to respond to a notice provided pursuant to subsection (a) within the 30- day period specified in subsection (b) or does not describe the action, if any, that the prospective defendant has taken or will take to remedy the problem identified by the prospective plaintiff within the subsequent 60 days, the 90-day period specified in subsection (a) shall terminate at the end of that 30-day period as to that prospective defendant and the prospective plaintiff may thereafter commence its action against that prospective defendant. (d) Failure To Provide Notice.--If a defendant determines that a plaintiff has filed a year 2000 action without providing the notice specified in subsection (a) and without awaiting the expiration of the 90-day period specified in subsection (a), the defendant may treat the plaintiff's complaint as such a notice by so informing the court and the plaintiff in its initial response to the complaint. If any defendant elects to treat the complaint as such a notice-- (1) the court shall stay all discovery in the action involving that defendant for the applicable time period provided in subsection (a) or (c), as the case may be, after filing of the complaint; and (2) the time for filing answers and all other pleadings shall be tolled during such applicable period. (e) Effect of Contractual Waiting Periods.--In cases in which a contract or a statute enacted before January 1, 1999, requires notice of nonperformance and provides for a period of delay prior to the initiation of suit for breach or repudiation of contract, the period of delay provided in the contract or the statute is controlling over the waiting period specified in subsections (a) and (d). (f) Sanction for Frivolous Invocation of the Stay Provision.--In any action in which a defendant acts pursuant to subsection (d) to stay the action, and the court subsequently finds that the defendant's assertion that the suit is a year 2000 action was frivolous and made for the purpose of causing unnecessary delay, the court may award sanctions to opposing parties in accordance with the provisions of Rule 11 of the Federal Rules of Civil Procedure or the equivalent applicable State rule. (g) Computation of Time.--For purposes of this section, the rules regarding computation of time shall be governed by the applicable Federal or State rules of civil procedure. (h) Special Rule for Class Actions.--For the purpose of applying this section to a year 2000 action that is maintained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to named plaintiffs in the class action. SEC. 102. ALTERNATIVE DISPUTE RESOLUTION TO AVOID UNNECESSARY YEAR 2000 ACTIONS. (a) In General.--(1) At any time during the 90-day period specified in section 101(a), either party may request the other to use alternative dispute resolution. If, based upon that request, the parties enter into an agreement to use alternative dispute resolution, they may also agree to an extension of the 90-day period. (2) At any time after expiration of the 90-day period specified in section 101(a), whether before or after the filing of a complaint, either party may request the other to use alternative dispute resolution. (b) Payment of Moneys Due.--If the parties resolve their dispute through alternative dispute resolution as provided in subsection (a), the defendant shall pay all moneys due within 30 days, unless another period of time is agreed to by the parties or established by contract between the parties. (c) Foreclosure of Further Proceedings on Resolved Issues.-- Resolution of the issues by the parties prior to litigation through negotiation or alternative dispute resolution shall foreclose any further proceedings with respect to those issues. SEC. 103. PLEADING REQUIREMENTS. (a) Application With Rules of Civil Procedure.--This section applies exclusively to year 2000 claims and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure. (b) Nature and Amount of Damages.--With respect to any year 2000 claim that seeks the award of money damages, the complaint shall state with particularity the nature and amount of each element of damages, and the factual basis for the damages calculation. (c) Material Defects.--With respect to any year 2000 claim in which the plaintiff alleges that a product or service was defective, the complaint shall identify with particularity the symptoms of the material defects and shall state with particularity the facts supporting the conclusion that the defects are material. (d) Required State of Mind.--With respect to any year 2000 claim as to which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, the complaint shall, with respect to each element of the year 2000 claim, state with particularity the facts giving rise to a strong inference that the defendant acted with the required state of mind. (e) Motion To Dismiss; Stay of Discovery.-- (1) Dismissal for failure to meet pleading requirements.-- In any year 2000 action, the court shall, on the motion of any defendant, dismiss the complaint without prejudice if the requirements of subsection (a), (b), or (c) are not met with respect to any year 2000 claim asserted therein. (2) Stay of discovery.--In any year 2000 action, all discovery shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or prevent undue prejudice to that party. (3) Preservation of evidence.-- (A) In general.--During the pendency of any stay of discovery entered pursuant to this subsection, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations (including electronically stored or recorded data), and tangible objects that are in the custody or control of such person and that are relevant to the allegations, as if they were a subject of a continuing request for production of documents from an opposing party under applicable Federal or State rules of civil procedure. (B) Sanction for willful violation.--A party aggrieved by the willful failure of an opposing party to comply with subparagraph (A) may apply to the court for an order awarding appropriate sanctions. SEC. 104. DUTY OF ALL PERSONS TO MITIGATE YEAR 2000 COMPUTER FAILURES AND RESULTING DAMAGES. Damages awarded for any year 2000 claim shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant's product or services concerning means of remedying or avoiding the year 2000 failure. TITLE II--YEAR 2000 ACTIONS INVOLVING CONTRACTS SEC. 201. CERTAINTY OF CONTRACT TERMS FOR PREVENTION OF YEAR 2000 DAMAGES. (a) In General.--Subject to subsection (b), in resolving any year 2000 claim, any written contractual term, including a limitation or an exclusion of liability, or a disclaimer of warranty, shall be fully enforced unless the enforcement of that term would manifestly and directly contravene applicable State law embodied in any statute in effect on January 1, 1999, specifically addressing that term. (b) Interpretation of Contract.--In resolving any year 2000 claim as to which a contract to which subsection (a) applies is silent with respect to a particular issue, the interpretation of the contract with respect to that issue shall be determined by applicable law in effect at the time the contract was executed. SEC. 202. APPLICATION OF EXISTING IMPOSSIBILITY OR COMMERCIAL IMPRACTICABILITY DOCTRINES. (a) Doctrine of Impossibility and Commercial Impracticability.-- With respect to any year 2000 claim for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this Act shall be construed as limiting or impairing a party's right to assert defenses based upon such doctrines. (b) Reasonable Efforts.--To the extent that impossibility or commercial impracticability is raised as a defense against a claim for breach or repudiation of contract, the party asserting the defense shall be allowed to offer evidence that its implementation of the contract, or its efforts to implement the contract, were reasonable in light of the circumstances. SEC. 203. PROTECTION OF PERSONS FROM LIABILITY NOT ANTICIPATED IN YEAR 2000 CONTRACTS. With respect to any year 2000 claim involving a breach of contract or a claim related to the contract, no party may claim or be awarded any category of damages unless such damages are allowed by the express terms of the contract or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into. TITLE III--YEAR 2000 ACTIONS INVOLVING TORT AND OTHER NONCONTRACTUAL CLAIMS SEC. 301. PROPORTIONATE LIABILITY. (a) In General.--A person against whom a final judgment is entered with respect to a year 2000 claim, other than a claim for breach or repudiation of contract, shall be liable solely for the portion of the judgment that corresponds to the percentage of responsibility of that person, as determined under subsection (b). (b) Determination of Responsibility.-- (1) In general.--With respect to any year 2000 claim, the court shall instruct the jury to answer special interrogatories, or if there is no jury, shall make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, including (but not limited to) persons who have entered into settlements with the plaintiff or plaintiffs, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (2) Contents of special interrogatories or findings.--The responses to interrogatories, or findings, as appropriate, under paragraph (1) shall specify the total amount of damages that the plaintiff is entitled to recover and the percentage of responsibility of each person found to have caused or contributed to the loss incurred by the plaintiff or plaintiffs. (3) Factors for consideration.--In determining the percentage of responsibility under this subsection, the trier of fact shall consider-- (A) the nature of the conduct of each person alleged to have caused or contributed to the loss incurred by the plaintiff; and (B) the nature and extent of the causal relationship between the conduct of each such person and the damages incurred by the plaintiff or plaintiffs. (4) Nondisclosure to jury.--The standard for allocation of damages under paragraph (1) shall not be disclosed to members of the jury. SEC. 302. LIMITATION ON BYSTANDER LIABILITY FOR YEAR 2000 FAILURES. (a) In General.--With respect to any year 2000 claim for money damages in which-- (1) the defendant is not the manufacturer, seller, or distributor of a product, or the provider of a service, that suffers or causes the year 2000 failure at issue; (2) the plaintiff is not in substantial privity with the defendant; and (3) the defendant's actual or constructive awareness of an actual or potential year 2000 failure is an element of the claim under applicable law, the defendant shall not be liable unless the plaintiff, in addition to establishing all other requisite elements of the claim, proves by clear and convincing evidence that the defendant actually knew, or recklessly disregarded a known and substantial risk, that such failure would occur. (b) Substantial Privity.--For purposes of subsection (a)(2), a plaintiff and a defendant are in substantial privity when, in a year 2000 claim arising out of the performance of professional services, the plaintiff and the defendant either have contractual relations with one another or the plaintiff is a person who, prior to the defendant's performance of such services, was specifically identified to and acknowledged by the defendant as a person for whose special benefit the services were being performed. (c) Certain Claims Excluded.--For purposes of subsection (a)(3), claims in which the defendant's actual or constructive awareness of an actual or potential year 2000 failure is an element of the claim under applicable law do not include claims for negligence but do include claims such as fraud, constructive fraud, breach of fiduciary duty, negligent misrepresentation, and interference with contract or economic advantage. SEC. 303. REASONABLE EFFORTS DEFENSE. With respect to any year 2000 claim seeking money damages, except with respect to claims asserting breach or repudiation of contract-- (1) the fact that a year 2000 failure occurred in an entity, facility, system, product, or component that was sold by, leased by, rented by, or otherwise within the control of the party against whom the claim is asserted shall not constitute the sole basis for recovery; and (2) the party against whom the claim is asserted shall be entitled to establish, as a complete defense to the claim, that it took measures that were reasonable under the circumstances to prevent the year 2000 failure from occurring or from causing the damages upon which the claim is based. SEC. 304. DAMAGES LIMITATION. (a) Standard for Awards.--With respect to any year 2000 claim for which punitive damages may be awarded under applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that conduct carried out by the defendant showed a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm or loss that is the subject of the year 2000 claim. This requirement is in addition to any other requirement in applicable law for the award of such damages. (b) Caps on Punitive Damages.-- (1) In general.--With respect to any year 2000 claim, if a defendant is found liable for punitive damages, the amount of punitive damages that may be awarded to a plaintiff shall not exceed the greater of-- (A) three times the amount awarded to the plaintiff for compensatory damages; or (B) $250,000. (2) Special rule.-- (A) In general.--Notwithstanding paragraph (1), with respect to any year 2000 claim, if the defendant is found liable for punitive damages and the defendant-- (i) is an individual whose net worth does not exceed $500,000; (ii) is an owner of an unincorporated business that has fewer than 25 full-time employees; or (iii) is-- (I) a partnership; (II) corporation; (III) association; (IV) unit of local government; or (V) organization, that has fewer than 25 full-time employees, the amount of punitive damages shall not exceed the lesser of three times the amount awarded to the plaintiff for compensatory damages, or $250,000. (B) Applicability.--For purposes of determining the applicability of this paragraph to a corporation, the number of employees of a subsidiary of a wholly owned corporation shall include all employees of a parent corporation or any subsidiary of that parent corporation. (3) Application of limitations by the court.--The limitations contained in paragraphs (1) and (2) shall be applied by the court and shall not be disclosed to the jury. SEC. 305. RECOVERY OF ECONOMIC DAMAGES FOR YEAR 2000 CLAIMS. (a) Limitation on Recovery of Economic Losses.--Subject to subsection (b), a plaintiff making a year 2000 claim alleging a nonintentional tort may recover economic losses only upon establishing, in addition to all other elements of the claim under applicable law, that any one of the following circumstances exists: (1) The recovery of such losses is provided for in a contract to which the plaintiff is a party. (2) Such losses are incidental to a year 2000 claim based on damage to tangible personal or real property caused by a year 2000 failure (other than damage to property that is the subject of a contract between the parties involved in the year 2000 claim). (b) Recovery Must Be Permitted Under Applicable Law.--Economic losses shall be recoverable under this section only if applicable Federal law, or applicable State law embodied in statute or controlling judicial precedent as of January 1, 1999, permits the recovery of such losses. SEC. 306. LIABILITY OF OFFICERS AND DIRECTORS. (a) In General.--A director, officer, or trustee of a business or other organization (including a corporation, unincorporated association, partnership, or nonprofit organization) shall not be personally liable with respect to any year 2000 claim in his or her capacity as a director or officer of the business or organization for an aggregate amount that exceeds the greater of-- (1) $100,000; or (2) the amount of cash compensation received by the director or officer from the business or organization during the 12-month period immediately preceding the act or omission for which liability was imposed. (b) Rule of Construction.--Nothing in this section shall be deemed to impose, or to permit the imposition of, personal liability on any director, officer, or trustee in excess of the aggregate amount of liability to which such director, officer, or trustee would be subject under applicable State law in existence on January 1, 1999 (including any charter or bylaw authorized by such State law). TITLE IV--YEAR 2000 CLASS ACTIONS SEC. 401. MINIMUM INJURY REQUIREMENT. (a) In General.--In any year 2000 action involving a year 2000 claim that a product or service is defective, the action may be maintained as a class action in Federal or State court as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (b) Determination by Court.--As soon as practicable after the commencement of a year 2000 action involving a year 2000 claim that a product or service is defective and that is brought as a class action, the court shall determine by order whether the requirement set forth in subsection (a) is satisfied. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. SEC. 402. NOTIFICATION. (a) Notice by Mail.--In any year 2000 action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class by United States mail, return receipt requested. Persons whose actual receipt of the notice is not verified by the court or by counsel for one of the parties shall be excluded from the class unless those persons inform the court in writing, on a date no later than the commencement of trial or entry of judgment, that they wish to join the class. (b) Contents of Notice.--In addition to any information required by applicable Federal or State law, the notice described in this subsection shall-- (1) concisely and clearly describe the nature of the action; (2) identify the jurisdiction whose law will govern the action and where the action is pending; (3) identify any potential claims that class counsel chose not to pursue so that the action would satisfy class certification requirements; (4) describe the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted; and (5) describe the procedure for opting out of the class. (c) Settlement.--The parties to a year 2000 action that is brought as a class action may not enter into, nor request court approval of, any settlement or compromise before the class has been certified. SEC. 403. DISMISSAL PRIOR TO CERTIFICATION. Before determining whether to certify a class in a year 2000 action, the court may decide a motion to dismiss or for summary judgment made by any party if the court concludes that decision will promote the fair and efficient adjudication of the controversy and will not cause undue delay. SEC. 404. FEDERAL JURISDICTION IN YEAR 2000 CLASS ACTIONS. (a) Jurisdiction.--Except as provided in subsection (b), a year 2000 action may be brought as a class action in the United States district court or removed to the appropriate United States district court if the amount in controversy is greater than the sum or value of $1,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action. (b) Exception.--A year 2000 action shall not be brought or removed as a class action under this section if-- (1)(A) the substantial majority of the members of the proposed plaintiff class are citizens of a single State of which the primary defendants are also citizens; and (B) the claims asserted will be governed primarily by the laws of that State; or (2) the primary defendants are States, State officials, or other governmental entities against whom the United States district court may be foreclosed from ordering relief. TITLE V--CLIENT PROTECTION IN CONNECTION WITH YEAR 2000 ACTIONS SEC. 501. SCOPE. This title applies to any year 2000 action asserted or brought in Federal or State court. SEC. 502. DEFINITIONS. In this title: (1) Attorney.--the term ``attorney'' means any natural person, professional law association, corporation, or partnership authorized under applicable State law to practice law. (2) Attorney's services.--The term ``attorney's services'' means the professional advice or counseling of or representation by an attorney, but such term shall not include other assistance incurred, directly or indirectly, in connection with an attorney's services, such as administrative or secretarial assistance, overhead, travel expenses, witness fees, or preparation by a person other than the attorney of any study, analysis, report, or test. (3) Contingent fee.--The term ``contingent fee'' means the cost or price of an attorney's services determined by applying a specified percentage, which may be a firm fixed percentage, a graduated or sliding percentage, or any combination thereof, to the amount of the settlement or judgment obtained. (4) Hourly fee.--The term ``hourly fee'' means the cost or price per hour of an attorney's services. (5) Retain.--The term ``retain'' means the act of a client in engaging an attorney's services, whether by express or implied agreement, by seeking and obtaining the attorney's services. SEC. 503. CONSUMER'S RIGHT TO UP-FRONT DISCLOSURE OF INFORMATION REGARDING FEES AND SETTLEMENT PROPOSALS. Before being retained by a client with respect to a year 2000 claim or a year 2000 action, an attorney shall disclose to the client the client's rights under this title and the client's right to receive a written statement of the information described under sections 504 and 505. SEC. 504. INFORMATION AFTER INITIAL MEETING. (a) Written Disclosure of Fees.--Within 30 days after the disclosure described under section 503, an attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall provide a written statement to the client setting forth-- (1) in the case of an attorney retained on an hourly basis, the attorney's hourly fee for services in pursuing the year 2000 claim or year 2000 action and any conditions, limitations, restrictions, or other qualifications on the fee, including likely expenses and the client's obligation for those expenses; and (2) in the case of an attorney retained on a contingent fee basis, the attorney's contingent fee for services in pursuing the year 2000 claim or year 2000 action and any conditions, limitations, restrictions, or other qualifications on the fee, including likely expenses and the client's obligation for those expenses. (b) Consumer's Right to Timely Updated Information About Fees.--In addition to the requirements contained in subsection (a), in the case of an attorney retained on an hourly basis, the attorney shall also render regular statements (at least once each 90 days) to the client containing a description of hourly charges and expenses incurred in the pursuit of the client's year 2000 claim or year 2000 action by each attorney assigned to the client's matter. SEC. 505. CONSUMER'S RIGHT TO TIMELY UPDATED INFORMATION ABOUT SETTLEMENT PROPOSALS AND DETAILED STATEMENT OF HOURS AND FEES. An attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall advise the client of all written settlement offers to the client and of the attorney's estimate of the likelihood of achieving a more or less favorable resolution to the year 2000 claim or year 2000 action, the likely timing of such resolution, and the likely attorney's fees and expenses required to obtain such a resolution. An attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall, within a reasonable time not later than 60 days after the date on which the year 2000 claim or year 2000 action is finally settled or adjudicated, provide a written statement to the client containing-- (1) in the case of an attorney retained on an hourly basis, the actual number of hours expended by each attorney on behalf of the client in connection with the year 2000 claim or year 2000 action, the attorney's hourly rate, and the total amount of hourly fees; and (2) in the case of an attorney retained on a contingent fee basis, the total contingent fee for the attorney's services in connection with the year 2000 claim or year 2000 action. SEC. 506. CLASS ACTIONS. An attorney representing a class or a defendant in a year 2000 action maintained as a class action shall make the disclosures required under this title to the presiding judge, in addition to making such disclosures to each named representative of the class. The presiding judge shall, at the outset of the year 2000 action, determine a reasonable attorney's fee by determining the appropriate hourly rate and the maximum percentage of the recovery to be paid in attorney's fees. Notwithstanding any other provision of law or agreement to the contrary, the presiding judge shall award attorney's fees only pursuant to this title. SEC. 507. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES AFTER AN OFFER OF SETTLEMENT. (a) Offer of Settlement.--With respect to any year 2000 claim, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle the year 2000 claim for money or property, including a motion to dismiss the claim, and to enter into a stipulation dismissing the claim or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. (b) Acceptance of Offer.--If the party receiving an offer under subsection (a) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. (c) Further Offers Not Precluded.--The fact that an offer under subsection (a) is made but not accepted does not preclude a subsequent offer under subsection (a). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this section. (d) Exemption of Claims.--At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this section any year 2000 claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this section, all offers made by any party under subsection (a) with respect to that claim shall be void and have no effect. (e) Petition for Payment of Costs, Etc.--If all offers made by a party under subsection (a) with respect to a year 2000 claim, including any motion to dismiss the claim, are not accepted and the dollar amount of the judgment, verdict, or order that is finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) with respect to the year 2000 claim is not more favorable to the offeree with respect to the year 2000 claim than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the year 2000 claim from the date the last such offer was made or, if the offeree made an offer under this section, from the date the last such offer by the offeree was made. (f) Order To Pay Costs, Etc.--If the court finds, pursuant to a petition filed under subsection (e) with respect to a year 2000 claim, that the dollar amount of the judgment, verdict, or order that is finally issued is not more favorable to the offeree with respect to the year 2000 claim than the last such offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the year 2000 claim from the date the last offer was made or, if the offeree made an offer under this section, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. (g) Amount of Attorney's Fees.--Attorney's fees under subsection (f) shall be a reasonable attorney's fee attributable to the year 2000 claim involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under subsection (f) may not exceed-- (A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the year 2000 claim; or (B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the year 2000 claim. (h) Inapplicability to Equitable Remedies.--This section does not apply to any claim seeking an equitable remedy. (i) Inapplicability to Class Actions.--This section does not apply with respect to a year 2000 action brought as a class action. SEC. 508. ENFORCEMENT OF CONSUMER PROTECTION RULES IN YEAR 2000 CLAIMS AND ACTIONS. A client whose attorney fails to comply with this title may file a civil action for damages in the court in which the year 2000 claim or year 2000 action was filed or could have been filed or other court of competent jurisdiction. The remedy provided by this section is in addition to any other available remedy or penalty. Passed the House of Representatives May 12, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:55.617437

BILLS-106hr775rh

Year 2000 Readiness and Responsibility Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 775 Reported in House (RH)] 106th CONGRESS 1st Session H. R. 775 [Report No. 106-131, Part I] To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 23, 1999 Mr. Davis of Virginia (for himself, Mr. Dreier, Mr. Cox, Mr. Moran of Virginia, Mr. Cramer, and Mr. Dooley of California) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned May 7, 1999 Additional sponsors: Mrs. Morella, Mr. Sununu, Mr. Cunningham, Mr. Goode, Mrs. Tauscher, Mr. Goodlatte, Ms. Dunn, Mr. Riley, Mr. Hall of Texas, Mr. Gallegly, Mr. Cook, Mr. John, Mr. Campbell, Mr. Hayes, Mr. Royce, Mr. Rogan, Mrs. Biggert, Mr. Burton of Indiana, Mrs. Fowler, Mr. Cannon, Mrs. Myrick, Mr. Ney, Mr. Ryun of Kansas, Mr. Hobson, Mr. Whitfield, Mrs. Bono, Mr. Sensenbrenner, Mr. Blunt, Mr. Chabot, Mr. Stenholm, Mr. Roemer, Mr. Foley, Mr. Knollenberg, Mr. Gillmor, Mr. Ose, Mr. Barcia, Mr. Shays, Mr. Sessions, Mr. Bryant, Mr. McIntosh, Mr. Hayworth, Mr. Stump, Mr. Shimkus, Mr. Oxley, Mr. Goss, Mr. Armey, Mr. Shadegg, Mrs. Cubin, Mr. Wamp, Mr. Latham, Mr. Boehner, Mr. Kasich, Mr. Pickering, Mr. Cooksey, Mr. Ramstad, Mr. English, Mr. Tancredo, Mr. Metcalf, Mr. Kingston, Mr. Sam Johnson of Texas, Mr. Baker, Mr. Bachus, Mr. Ford, Mr. Green of Wisconsin, Mr. Holden, Mr. Moran of Kansas, Mr. LaHood, Mr. Thornberry, Mr. Wolf, Mr. Bereuter, Mrs. Northup, Mr. Ballenger, Mr. Hill of Montana, Mr. Largent, Mr. Rohrabacher, Mr. Gary Miller of California, Mr. Watts of Oklahoma, Mrs. Wilson, Mrs. Johnson of Connecticut, Mr. McCrery, Mr. Simpson, Mr. Forbes, Mr. Lewis of Kentucky, Mr. Ewing, Mr. Calvert, Mr. Reynolds, and Mr. Weller May 7, 1999 Reported from the Committee on the Judiciary with an amendment [Strike out all after the enacting clause and insert the part printed in italic] May 7, 1999 Referral to the Committee on Small Business extended for a period ending not later than May 7, 1999 May 7, 1999 Committee on Small Business discharged May 7, 1999 Referred to the Committee on Commerce for a period ending not later than May 11, 1999, for consideration of such provisions of the introduced bill as fall within the jurisdiction of that committee pursuant to clause 1(f), rule X [For text of introduced bill, see copy of bill as introduced on February 23, 1999] _______________________________________________________________________ A BILL To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Readiness and Responsibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Congress seeks to encourage businesses to concentrate their attention and resources in the short time remaining before January 1, 2000, on addressing, assessing, remediating, and testing their year 2000 problems, and to minimize any possible business disruptions associated with year 2000 issues. (2) It is appropriate for the Congress to enact legislation to assure that year 2000 problems do not unnecessarily disrupt interstate commerce or create unnecessary case loads in Federal and State courts and to provide initiatives to help businesses prepare and be in a position to withstand the potentially devastating economic impact of the year 2000 problem. (3) Year 2000 issues will affect practically all business enterprises to some degree, giving rise to a large number of disputes. (4) Resorting to the legal system for resolution of year 2000 problems is not feasible for many businesses, particularly small businesses, because of its complexity and expense. (5) The delays, expense, uncertainties, loss of control, adverse publicity and animosities that frequently accompany litigation of business disputes can only exacerbate the difficulties associated with the year 2000 date change, and work against the successful resolution of those difficulties. (6) The Congress recognizes that every business in the United States should be concerned that widespread and protracted year 2000 litigation may threaten the network of valued and trusted business relationships that are so important to the effective functioning of the world economy, and which may put unbearable strains on an overburdened judicial system. (7) A proliferation of frivolous year 2000 actions by opportunistic parties may further limit access to courts by straining the resources of the legal system and depriving deserving parties of their legitimate rights to relief. (8) The Congress encourages businesses to approach their year 2000 disputes responsibly, and to avoid unnecessary, time- consuming and costly litigation based on year 2000 failures. Congress supports good faith negotiations between parties when there is a dispute over a year 2000 problem, and, if necessary, urges the parties to enter into voluntary, non-binding mediation rather than litigation. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means a contract, tariff, license, or warranty. (2) Defendant.--The term ``defendant'' means any person against whom a year 2000 claim has been asserted. (3) Economic loss.--The term ``economic loss''-- (A) means any damages other than damages arising out of personal injury or damage to tangible property; and (B) includes, but is not limited to, damages for lost profits or sales, for business interruption, for losses indirectly suffered as a result of the defendant's wrongful act or omission, for losses that arise because of the claims of third parties, for losses that must be pleaded as special damages, and consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law). (4) Governmental entity.--The term ``governmental entity'' means an agency, instrumentality, other entity, or official of Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities). (5) Material defect.--The term ``material defect'' means a defect in any item, whether tangible or intangible, or in the provision of a service, that substantially prevents the item or service from operating or functioning as designed or intended. The term ``material defect'' does not include a defect that has an insignificant or de minimis effect on the operation or functioning of an item, that affects only a component of an item that, as a whole, substantially operates or functions as designed, or that has an insignificant or de minimis effect on the efficacy of the service provided. (6) Person.--The term ``person'' means any natural person and any entity, organization, or enterprise, including but not limited to corporations, companies, joint stock companies, associations, partnerships, trusts, and governmental entities. (7) Personal injury.--The term ``personal injury'' means any physical injury to a natural person, including death of the person, and mental suffering, emotional distress, or like elements of injury suffered by a natural person in connection with a physical injury. (8) Plaintiff.--The term ``plaintiff'' means any person who asserts a year 2000 claim. (9) Punitive damages.--The term ``punitive damages'' means damages that are awarded against any person to punish such person or to deter such person, or others, from engaging in similar behavior in the future. (10) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, and any political subdivision thereof. (11) Year 2000 action.--The term ``year 2000 action'' means any civil action of any kind brought in any court under Federal or State law, or an agency board of contract appeal proceeding, in which a year 2000 claim is asserted. (12) Year 2000 claim.--The term ``year 2000 claim''-- (A) means any claim or cause of action of any kind, other than a claim based on personal injury, whether asserted by way of claim, counterclaim, cross-claim, third-party claim, defense, or otherwise, in which the plaintiff's alleged loss or harm resulted, directly or indirectly, from a year 2000 failure; (B) includes a claim brought in any Federal or State court by a governmental entity when acting in a commercial or contracting capacity; and (C) does not include a claim brought by such a governmental entity acting in a regulatory, supervisory, or enforcement capacity. (13) Year 2000 failure.--The term ``year 2000 failure'' means any failure by any device or system (including, without limitation, any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions, however constructed, in processing, calculating, comparing, sequencing, displaying, storing, transmitting, or receiving year 2000 date-related data. SEC. 4. APPLICATION OF ACT. (a) General Rule.--This Act applies to any year 2000 claim brought after February 22, 1999, including any appeal, remand, stay, or other judicial, administrative, or alternative dispute resolution proceeding with respect to such claim. (b) No New Cause of Action Created.--Nothing in this Act creates a new cause of action, and, except as otherwise explicitly provided in this Act, nothing in this Act expands any liability otherwise imposed or limits any defense otherwise available under Federal or State law. (c) Exclusion of Personal Injury Claims.--None of the provisions of this Act shall apply to any claim based on personal injury. (d) Preemption of State Law.--Except as otherwise provided in this Act, this Act supersedes State law to the extent that it establishes a rule of law applicable to a year 2000 claim that is inconsistent with State law. TITLE I--UNIFORM PRE- LITIGATION PROCEDURES FOR YEAR 2000 ACTIONS SEC. 101. NOTICE PROCEDURES TO AVOID UNNECESSARY YEAR 2000 ACTIONS. (a) Notification Period.--Before filing a year 2000 action, except an action that seeks only injunctive relief, a prospective plaintiff shall send by certified mail to each prospective defendant a written notice that identifies, with particularity as to any year 2000 claim-- (1) any symptoms of any material defect alleged to have caused harm or loss; (2) the harm or loss allegedly suffered by the prospective plaintiff; (3) the facts that lead the prospective plaintiff to hold such person responsible for both the defect and the injury; (4) the relief or action sought by the prospective plaintiff; and (5) the name, title, address, and telephone numbers of any individual who has authority to negotiate a resolution of the dispute on behalf of the prospective plaintiff. Except as provided in subsection (c), the prospective plaintiff shall not commence an action in Federal or State court until the expiration of 90 days after the date on which such notice is received. Such 90-day period shall be excluded in the computation of any applicable statute of limitations. (b) Response to Notice.-- (1) In general.--Not later than 30 days after receipt of the notice specified in subsection (a), each prospective defendant shall send by certified mail with return receipt requested to each prospective plaintiff a written statement acknowledging receipt of the notice and describing any actions it has taken or will take by not later than 60 days after the end of that 30-day period, to remedy the problem identified by the prospective plaintiff. (2) Inadmissibility.--A written statement required by this subsection is not admissible in evidence, under Rule 408 of the Federal Rules of Evidence or any analogous rule of evidence in any State, in any proceeding to prove liability for, or the invalidity of, a claim or its amount, or otherwise as evidence of conduct or statements made in compromise negotiations. (3) Presumptive time of receipt.--For purposes of paragraph (1), a notice under subsection (a) is presumed to be received 7 days after it was sent. (c) Failure To Respond.--If a prospective defendant fails to respond to a notice provided pursuant to subsection (a) within the 30- day period specified in subsection (b) or does not describe the action, if any, that the prospective defendant has taken or will take to remedy the problem identified by the prospective plaintiff within the subsequent 60 days, the 90-day period specified in subsection (a) shall terminate at the end of that 30-day period as to that prospective defendant and the prospective plaintiff may thereafter commence its action against that prospective defendant. (d) Failure To Provide Notice.--If a defendant determines that a plaintiff has filed a year 2000 action without providing the notice specified in subsection (a) and without awaiting the expiration of the 90-day period specified in subsection (a), the defendant may treat the plaintiff's complaint as such a notice by so informing the court and the plaintiff in its initial response to the complaint. If any defendant elects to treat the complaint as such a notice-- (1) the court shall stay all discovery in the action involving that defendant for the applicable time period provided in subsection (a) or (c), as the case may be, after filing of the complaint; and (2) the time for filing answers and all other pleadings shall be tolled during such applicable period. (e) Effect of Contractual Waiting Periods.--In cases in which a contract or a statute enacted before January 1, 1999, requires notice of nonperformance and provides for a period of delay prior to the initiation of suit for breach or repudiation of contract, the period of delay provided in the contract or the statute is controlling over the waiting period specified in subsections (a) and (d). (f) Sanction for Frivolous Invocation of the Stay Provision.--In any action in which a defendant acts pursuant to subsection (d) to stay the action, and the court subsequently finds that the defendant's assertion that the suit is a year 2000 action was frivolous and made for the purpose of causing unnecessary delay, the court may award sanctions to opposing parties in accordance with the provisions of Rule 11 of the Federal Rules of Civil Procedure or the equivalent applicable State rule. (g) Computation of Time.--For purposes of this section, the rules regarding computation of time shall be governed by the applicable Federal or State rules of civil procedure. (h) Special Rule for Class Actions.--For the purpose of applying this section to a year 2000 action that is maintained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to named plaintiffs in the class action. SEC. 102. ALTERNATIVE DISPUTE RESOLUTION TO AVOID UNNECESSARY YEAR 2000 ACTIONS. (a) In General.--(1) At any time during the 90-day period specified in section 101(a), either party may request the other to use alternative dispute resolution. If, based upon that request, the parties enter into an agreement to use alternative dispute resolution, they may also agree to an extension of the 90-day period. (2) At any time after expiration of the 90-day period specified in section 101(a), whether before or after the filing of a complaint, either party may request the other to use alternative dispute resolution. (b) Payment of Moneys Due.--If the parties resolve their dispute through alternative dispute resolution as provided in subsection (a), the defendant shall pay all moneys due within 30 days, unless another period of time is agreed to by the parties or established by contract between the parties. (c) Foreclosure of Further Proceedings on Resolved Issues.-- Resolution of the issues by the parties prior to litigation through negotiation or alternative dispute resolution shall foreclose any further proceedings with respect to those issues. SEC. 103. PLEADING REQUIREMENTS. (a) Application With Rules of Civil Procedure.--This section applies exclusively to year 2000 claims and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure. (b) Nature and Amount of Damages.--With respect to any year 2000 claim that seeks the award of money damages, the complaint shall state with particularity the nature and amount of each element of damages, and the factual basis for the damages calculation. (c) Material Defects.--With respect to any year 2000 claim in which the plaintiff alleges that a product or service was defective, the complaint shall identify with particularity the symptoms of the material defects and shall state with particularity the facts supporting the conclusion that the defects are material. (d) Required State of Mind.--With respect to any year 2000 claim as to which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, the complaint shall, with respect to each element of the year 2000 claim, state with particularity the facts giving rise to a strong inference that the defendant acted with the required state of mind. (e) Motion To Dismiss; Stay of Discovery.-- (1) Dismissal for failure to meet pleading requirements.-- In any year 2000 action, the court shall, on the motion of any defendant, dismiss the complaint without prejudice if the requirements of subsection (a), (b), or (c) are not met with respect to any year 2000 claim asserted therein. (2) Stay of discovery.--In any year 2000 action, all discovery shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or prevent undue prejudice to that party. (3) Preservation of evidence.-- (A) In general.--During the pendency of any stay of discovery entered pursuant to this subsection, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations (including electronically stored or recorded data), and tangible objects that are in the custody or control of such person and that are relevant to the allegations, as if they were a subject of a continuing request for production of documents from an opposing party under applicable Federal or State rules of civil procedure. (B) Sanction for willful violation.--A party aggrieved by the willful failure of an opposing party to comply with subparagraph (A) may apply to the court for an order awarding appropriate sanctions. SEC. 104. DUTY OF ALL PERSONS TO MITIGATE YEAR 2000 COMPUTER FAILURES AND RESULTING DAMAGES. Damages awarded for any year 2000 claim shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant's product or services concerning means of remedying or avoiding the year 2000 failure. TITLE II--YEAR 2000 ACTIONS INVOLVING CONTRACTS SEC. 201. CERTAINTY OF CONTRACT TERMS FOR PREVENTION OF YEAR 2000 DAMAGES. (a) In General.--Subject to subsection (b), in resolving any year 2000 claim, any written contractual term, including a limitation or an exclusion of liability, or a disclaimer of warranty, shall be fully enforced unless the enforcement of that term would manifestly and directly contravene applicable State law embodied in any statute in effect on January 1, 1999, specifically addressing that term. (b) Interpretation of Contract.--In resolving any year 2000 claim as to which a contract to which subsection (a) applies is silent with respect to a particular issue, the interpretation of the contract with respect to that issue shall be determined by applicable law in effect at the time the contract was executed. SEC. 202. APPLICATION OF EXISTING IMPOSSIBILITY OR COMMERCIAL IMPRACTICABILITY DOCTRINES. (a) Doctrine of Impossibility and Commercial Impracticability.-- With respect to any year 2000 claim for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this Act shall be construed as limiting or impairing a party's right to assert defenses based upon such doctrines. (b) Reasonable Efforts.--To the extent that impossibility or commercial impracticability is raised as a defense against a claim for breach or repudiation of contract, the party asserting the defense shall be allowed to offer evidence that its implementation of the contract, or its efforts to implement the contract, were reasonable in light of the circumstances. SEC. 203. PROTECTION OF PERSONS FROM LIABILITY NOT ANTICIPATED IN YEAR 2000 CONTRACTS. With respect to any year 2000 claim involving a breach of contract or a claim related to the contract, no party may claim or be awarded any category of damages unless such damages are allowed by the express terms of the contract or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into. TITLE III--YEAR 2000 ACTIONS INVOLVING TORT AND OTHER NONCONTRACTUAL CLAIMS SEC. 301. PROPORTIONATE LIABILITY. (a) In General.--A person against whom a final judgment is entered with respect to a year 2000 claim, other than a claim for breach or repudiation of contract, shall be liable solely for the portion of the judgment that corresponds to the percentage of responsibility of that person, as determined under subsection (b). (b) Determination of Responsibility.-- (1) In general.--With respect to any year 2000 claim, the court shall instruct the jury to answer special interrogatories, or if there is no jury, shall make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, including (but not limited to) persons who have entered into settlements with the plaintiff or plaintiffs, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (2) Contents of special interrogatories or findings.--The responses to interrogatories, or findings, as appropriate, under paragraph (1) shall specify the total amount of damages that the plaintiff is entitled to recover and the percentage of responsibility of each person found to have caused or contributed to the loss incurred by the plaintiff or plaintiffs. (3) Factors for consideration.--In determining the percentage of responsibility under this subsection, the trier of fact shall consider-- (A) the nature of the conduct of each person alleged to have caused or contributed to the loss incurred by the plaintiff; and (B) the nature and extent of the causal relationship between the conduct of each such person and the damages incurred by the plaintiff or plaintiffs. (4) Nondisclosure to jury.--The standard for allocation of damages under paragraph (1) shall not be disclosed to members of the jury. SEC. 302. LIMITATION ON BYSTANDER LIABILITY FOR YEAR 2000 FAILURES. (a) In General.--With respect to any year 2000 claim for money damages in which-- (1) the defendant is not the manufacturer, seller, or distributor of a product, or the provider of a service, that suffers or causes the year 2000 failure at issue, (2) the plaintiff is not in substantial privity with the defendant, and (3) the defendant's actual or constructive awareness of an actual or potential year 2000 failure is an element of the claim under applicable law, the defendant shall not be liable unless the plaintiff, in addition to establishing all other requisite elements of the claim, proves by clear and convincing evidence that the defendant actually knew, or recklessly disregarded a known and substantial risk, that such failure would occur. (b) Substantial Privity.--For purposes of subsection (a)(2), a plaintiff and a defendant are in substantial privity when, in a year 2000 claim arising out of the performance of professional services, the plaintiff and the defendant either have contractual relations with one another or the plaintiff is a person who, prior to the defendant's performance of such services, was specifically identified to and acknowledged by the defendant as a person for whose special benefit the services were being performed. (c) Certain Claims Excluded.--For purposes of subsection (a)(3), claims in which the defendant's actual or constructive awareness of an actual or potential year 2000 failure is an element of the claim under applicable law do not include claims for negligence but do include claims such as fraud, constructive fraud, breach of fiduciary duty, negligent misrepresentation, and interference with contract or economic advantage. SEC. 303. REASONABLE EFFORTS DEFENSE. With respect to any year 2000 claim seeking money damages, except with respect to claims asserting breach or repudiation of contract-- (1) the fact that a year 2000 failure occurred in an entity, facility, system, product, or component that was within the control of the party against whom the claim is asserted shall not constitute the sole basis for recovery; and (2) the party against whom the claim is asserted shall be entitled to establish, as a complete defense to the claim, that it took measures that were reasonable under the circumstances to prevent the year 2000 failure from occurring or from causing the damages upon which the claim is based. SEC. 304. DAMAGES LIMITATION. (a) Year 2000 Recovery Fund.--There is established in the Treasury a Year 2000 Recovery Fund. In any year 2000 action in which punitive damages are awarded under applicable law, including this Act, the entire amount of such damages shall be paid into the Year 2000 Recovery Fund. Amounts in the Fund shall be used for the assistance of small businesses, State and local governments, and nonprofit organizations, that are affected by year 2000 failures. (b) Standard for Awards.--With respect to any year 2000 claim for which punitive damages may be awarded under applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that conduct carried out by the defendant showed a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm or loss that is the subject of the year 2000 claim. This requirement is in addition to any other requirement in applicable law for the award of such damages. (c) Caps on Punitive Damages.-- (1) In general.--With respect to any year 2000 claim, if a defendant is found liable for punitive damages, the amount of punitive damages that may be awarded to a plaintiff shall not exceed the greater of-- (A) 3 times the amount awarded to the plaintiff for compensatory damages; or (B) $250,000. (2) Special rule.-- (A) In general.--Notwithstanding paragraph (1), with respect to any year 2000 claim, if the defendant is found liable for punitive damages and the defendant-- (i) is an individual whose net worth does not exceed $500,000, (ii) is an owner of an unincorporated business that has fewer than 25 full-time employees, or (iii) is-- (I) a partnership, (II) corporation, (III) association, (IV) unit of local government, or (V) organization, that has fewer than 25 full-time employees, the amount of punitive damages shall not exceed the lesser of 3 times the amount awarded to the plaintiff for compensatory damages, or $250,000. (B) Applicability.--For purposes of determining the applicability of this paragraph to a corporation, the number of employees of a subsidiary of a wholly owned corporation shall include all employees of a parent corporation or any subsidiary of that parent corporation. (3) Application of limitations by the court.--The limitations contained in paragraphs (1) and (2) shall be applied by the court and shall not be disclosed to the jury. SEC. 305. RECOVERY OF ECONOMIC DAMAGES FOR YEAR 2000 CLAIMS. (a) Limitation on Recovery of Economic Losses.--Subject to subsection (b), a plaintiff making a year 2000 claim alleging a nonintentional tort may recover economic losses only upon establishing, in addition to all other elements of the claim under applicable law, that any one of the following circumstances exists: (1) The recovery of such losses is provided for in a contract to which the plaintiff is a party. (2) Such losses are incidental to a year 2000 claim based on damage to tangible personal or real property caused by a year 2000 failure (other than damage to property that is the subject of a contract between the parties involved in the year 2000 claim). (b) Recovery Must Be Permitted Under Applicable Law.--Economic losses shall be recoverable under this section only if applicable Federal law, or applicable State law embodied in statute or controlling judicial precedent as of January 1, 1999, permits the recovery of such losses. SEC. 306. LIABILITY OF OFFICERS AND DIRECTORS. (a) In General.--A director, officer, or trustee of a business or other organization (including a corporation, unincorporated association, partnership, or nonprofit organization) shall not be personally liable with respect to any year 2000 claim in his or her capacity as a director or officer of the business or organization for an aggregate amount that exceeds the greater of-- (1) $100,000; or (2) the amount of cash compensation received by the director or officer from the business or organization during the 12-month period immediately preceding the act or omission for which liability was imposed. (b) Rule of Construction.--Nothing in this section shall be deemed to impose, or to permit the imposition of, personal liability on any director, officer, or trustee in excess of the aggregate amount of liability to which such director, officer, or trustee would be subject under applicable State law in existence on January 1, 1999 (including any charter or bylaw authorized by such State law). TITLE IV--YEAR 2000 CLASS ACTIONS SEC. 401. MINIMUM INJURY REQUIREMENT. (a) In General.--In any year 2000 action involving a year 2000 claim that a product or service is defective, the action may be maintained as a class action in Federal or State court as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (b) Determination by Court.--As soon as practicable after the commencement of a year 2000 action involving a year 2000 claim that a product or service is defective and that is brought as a class action, the court shall determine by order whether the requirement set forth in subsection (a) is satisfied. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. SEC. 402. NOTIFICATION. (a) Notice by Mail.--In any year 2000 action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class by United States mail, return receipt requested. Persons whose actual receipt of the notice is not verified by the court or by counsel for one of the parties shall be excluded from the class unless those persons inform the court in writing, on a date no later than the commencement of trial or entry of judgment, that they wish to join the class. (b) Contents of Notice.--In addition to any information required by applicable Federal or State law, the notice described in this subsection shall-- (1) concisely and clearly describe the nature of the action; (2) identify the jurisdiction whose law will govern the action and where the action is pending; (3) identify any potential claims that class counsel chose not to pursue so that the action would satisfy class certification requirements; (4) describe the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted; and (5) describe the procedure for opting out of the class. (c) Settlement.--The parties to a year 2000 action that is brought as a class action may not enter into, nor request court approval of, any settlement or compromise before the class has been certified. SEC. 403. DISMISSAL PRIOR TO CERTIFICATION. Before determining whether to certify a class in a year 2000 action, the court may decide a motion to dismiss or for summary judgment made by any party if the court concludes that decision will promote the fair and efficient adjudication of the controversy and will not cause undue delay. SEC. 404. FEDERAL JURISDICTION IN YEAR 2000 CLASS ACTIONS. (a) Jurisdiction.--Except as provided in subsection (b), a year 2000 action may be brought as a class action in the United States district court or removed to the appropriate United States district court if the amount in controversy is greater than the sum or value of $1,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action. (b) Exception.--A year 2000 action shall not be brought or removed as a class action under this section if-- (1)(A) the substantial majority of the members of the proposed plaintiff class are citizens of a single State of which the primary defendants are also citizens; and (B) the claims asserted will be governed primarily by the laws of that State; or (2) the primary defendants are States, State officials, or other governmental entities against whom the United States district court may be foreclosed from ordering relief. TITLE V--CLIENT PROTECTION IN CONNECTION WITH YEAR 2000 ACTIONS SEC. 501. SCOPE. This title applies to any year 2000 action asserted or brought in Federal or State court. SEC. 502. DEFINITIONS. In this title: (1) Attorney.--the term ``attorney'' means any natural person, professional law association, corporation, or partnership authorized under applicable State law to practice law. (2) Attorney's services.--The term ``attorney's services'' means the professional advice or counseling of or representation by an attorney, but such term shall not include other assistance incurred, directly or indirectly, in connection with an attorney's services, such as administrative or secretarial assistance, overhead, travel expenses, witness fees, or preparation by a person other than the attorney of any study, analysis, report, or test. (3) Contingent fee.--The term ``contingent fee'' means the cost or price of an attorney's services determined by applying a specified percentage, which may be a firm fixed percentage, a graduated or sliding percentage, or any combination thereof, to the amount of the settlement or judgment obtained. (4) Hourly fee.--The term ``hourly fee'' means the cost or price per hour of an attorney's services. (5) Retain.--The term ``retain'' means the act of a client in engaging an attorney's services, whether by express or implied agreement, by seeking and obtaining the attorney's services. SEC. 503. CONSUMER'S RIGHT TO UP-FRONT DISCLOSURE OF INFORMATION REGARDING FEES AND SETTLEMENT PROPOSALS. Before being retained by a client with respect to a year 2000 claim or a year 2000 action, an attorney shall disclose to the client the client's rights under this title and the client's right to receive a written statement of the information described under sections 504 and 505. SEC. 504. INFORMATION AFTER INITIAL MEETING. (a) Written Disclosure of Fees.--Within 30 days after the disclosure described under section 503, an attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall provide a written statement to the client setting forth-- (1) in the case of an attorney retained on an hourly basis, the attorney's hourly fee for services in pursuing the year 2000 claim or year 2000 action and any conditions, limitations, restrictions, or other qualifications on the fee, including likely expenses and the client's obligation for those expenses; and (2) in the case of an attorney retained on a contingent fee basis, the attorney's contingent fee for services in pursuing the year 2000 claim or year 2000 action and any conditions, limitations, restrictions, or other qualifications on the fee, including likely expenses and the client's obligation for those expenses. (b) Consumer's Right to Timely Updated Information About Fees.--In addition to the requirements contained in subsection (a), in the case of an attorney retained on an hourly basis, the attorney shall also render regular statements (at least once each 90 days) to the client containing a description of hourly charges and expenses incurred in the pursuit of the client's year 2000 claim or year 2000 action by each attorney assigned to the client's matter. SEC. 505. CONSUMER'S RIGHT TO TIMELY UPDATED INFORMATION ABOUT SETTLEMENT PROPOSALS AND DETAILED STATEMENT OF HOURS AND FEES. An attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall advise the client of all written settlement offers to the client and of the attorney's estimate of the likelihood of achieving a more or less favorable resolution to the year 2000 claim or year 2000 action, the likely timing of such resolution, and the likely attorney's fees and expenses required to obtain such a resolution. An attorney retained by a client with respect to a year 2000 claim or a year 2000 action shall, within a reasonable time not later than 60 days after the date on which the year 2000 claim or year 2000 action is finally settled or adjudicated, provide a written statement to the client containing-- (1) in the case of an attorney retained on an hourly basis, the actual number of hours expended by each attorney on behalf of the client in connection with the year 2000 claim or year 2000 action, the attorney's hourly rate, and the total amount of hourly fees; and (2) in the case of an attorney retained on a contingent fee basis, the total contingent fee for the attorney's services in connection with the year 2000 claim or year 2000 action. SEC. 506. CLASS ACTIONS. An attorney representing a class or a defendant in a year 2000 action maintained as a class action shall make the disclosures required under this title to the presiding judge, in addition to making such disclosures to each named representative of the class. The presiding judge shall, at the outset of the year 2000 action, determine a reasonable attorney's fee by determining the appropriate hourly rate and the maximum percentage of the recovery to be paid in attorney's fees. Notwithstanding any other provision of law or agreement to the contrary, the presiding judge shall award attorney's fees only pursuant to this title. SEC. 507. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES AFTER AN OFFER OF SETTLEMENT. (a) Offer of Settlement.--With respect to any year 2000 claim, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle the year 2000 claim for money or property, including a motion to dismiss the claim, and to enter into a stipulation dismissing the claim or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. (b) Acceptance of Offer.--If the party receiving an offer under subsection (a) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. (c) Further Offers Not Precluded.--The fact that an offer under subsection (a) is made but not accepted does not preclude a subsequent offer under subsection (a). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this section. (d) Exemption of Claims.--At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this section any year 2000 claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this section, all offers made by any party under subsection (a) with respect to that claim shall be void and have no effect. (e) Petition for Payment of Costs, Etc.--If all offers made by a party under subsection (a) with respect to a year 2000 claim, including any motion to dismiss the claim, are not accepted and the dollar amount of the judgment, verdict, or order that is finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) with respect to the year 2000 claim is not more favorable to the offeree with respect to the year 2000 claim than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the year 2000 claim from the date the last such offer was made or, if the offeree made an offer under this section, from the date the last such offer by the offeree was made. (f) Order To Pay Costs, Etc.--If the court finds, pursuant to a petition filed under subsection (e) with respect to a year 2000 claim, that the dollar amount of the judgment, verdict, or order that is finally issued is not more favorable to the offeree with respect to the year 2000 claim than the last such offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the year 2000 claim from the date the last offer was made or, if the offeree made an offer under this section, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. (g) Amount of Attorney's Fees.--Attorney's fees under subsection (f) shall be a reasonable attorney's fee attributable to the year 2000 claim involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under subsection (f) may not exceed-- (A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the year 2000 claim; or (B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the year 2000 claim. (h) Inapplicability to Equitable Remedies.--This section does not apply to any claim seeking an equitable remedy. (i) Inapplicability to Class Actions.--This section does not apply with respect to a year 2000 action brought as a class action. SEC. 508. ENFORCEMENT OF CONSUMER PROTECTION RULES IN YEAR 2000 CLAIMS AND ACTIONS. A client whose attorney fails to comply with this title may file a civil action for damages in the court in which the year 2000 claim or year 2000 action was filed or could have been filed or other court of competent jurisdiction. The remedy provided by this section is in addition to any other available remedy or penalty. <all>

usgpo

2024-06-24T03:05:55.725177

BILLS-106hr883eh

American Land Sovereignty Protection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 883 Engrossed in House (EH)] 1st Session H. R. 883 _______________________________________________________________________ AN ACT To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. 106th CONGRESS 1st Session H. R. 883 _______________________________________________________________________ AN ACT To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of the enactment and before December 31, 2003; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the designation does not adversly affect State or local government revenue, including revenue for public education programs, and that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''. SEC. 7. INTERNATIONAL AGREEMENTS CONCERNING THE DISPOSAL, MANAGEMENT, AND USE OF LANDS BELONGING TO THE UNITED STATES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 405. No Federal official may enter into an agreement with any international or foreign entity (including any subsidiary thereof) providing for the disposal, management, and use of any lands owned by the United States and located within the United States unless such agreement is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such agreements.''. Passed the House of Representatives May 20, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:55.734217

BILLS-106hr883rh

American Land Sovereignty Protection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 883 Reported in House (RH)] Union Calendar No. 81 106th CONGRESS 1st Session H. R. 883 [Report No. 106-142] _______________________________________________________________________ A BILL To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. _______________________________________________________________________ May 13, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Union Calendar No. 81 106th CONGRESS 1st Session H. R. 883 [Report No. 106-142] To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 1, 1999 Mr. Young of Alaska (for himself, Ms. Danner, Mr. DeLay, Mr. Pickett, Mrs. Emerson, Mr. Traficant, Mr. Coburn, Mr. Goode, Mr. Pombo, Mr. Barcia, Mrs. Chenoweth, Mr. Hall of Texas, Mrs. Cubin, Mr. Shows, Mr. Hastings of Washington, Mr. Bishop, Ms. Dunn, Mr. Sisisky, Mr. Herger, Mr. Cramer, Mrs. Bono, Mr. McIntyre, Mr. Taylor of North Carolina, Mr. Green of Texas, Mr. Hilleary, Mr. Duncan, Mr. Norwood, Mr. Kasich, Mr. McIntosh, Mr. Cunningham, Mr. Thomas, Mr. Skeen, Mr. Weldon of Florida, Mr. Nethercutt, Mr. Combest, Mr. Sensenbrenner, Mr. Bachus, Mr. Lewis of California, Mr. McKeon, Mr. Hostettler, Mr. Stump, Mr. Doolittle, Mr. Stearns, Mr. Largent, Mr. Gary Miller of California, Mr. Hutchinson, Mr. Weldon of Pennsylvania, Mr. Calvert, Mr. Knollenberg, Mr. Gillmor, Mr. Metcalf, Mr. LoBiondo, Mr. Walden of Oregon, Mr. Crane, Mr. Bryant, Mr. Archer, Mr. Tancredo, Mr. Bliley, Mr. Hill of Montana, Mr. Everett, Mr. Radanovich, Mr. Goodlatte, Mr. Gibbons, Mr. Manzullo, Mr. Spence, Mr. Bartlett of Maryland, Mr. Istook, Mr. Hunter, Mr. Bonilla, Mr. Burton of Indiana, Mr. Rohrabacher, Mr. Paul, Mr. Bilbray, Mr. Peterson of Pennsylvania, Mr. Foley, Mr. Latham, Mr. Blunt, Mr. Linder, Mrs. Myrick, Mr. Shadegg, Mr. Hoekstra, Mr. Pickering, Mr. Ney, Mr. McInnis, Mr. Royce, Mr. Baker, Mr. Callahan, Mr. Watkins, Mr. Deal of Georgia, Mr. Packard, Mr. Rogers, Mr. Brady of Texas, Mr. Smith of Texas, Mr. Schaffer, Mr. Lewis of Kentucky, Mr. Wicker, Mr. Burr of North Carolina, Mr. Tiahrt, Mr. Cooksey, Mr. Dickey, Mr. Jones of North Carolina, Mr. Souder, Mr. Graham, Mr. DeMint, Mr. Hayworth, Mr. Rogan, Mr. Oxley, Mr. Pitts, Mr. Weller, Mr. Barr of Georgia, Mr. Goss, Ms. Granger, Mr. Cannon, Mr. Sam Johnson of Texas, Mr. Thornberry, Mr. Lucas of Oklahoma, Mr. Bass, Mr. Moran of Kansas, Mr. Wamp, Mrs. Fowler, Mr. Smith of Michigan, Mr. Sweeney, Mr. Aderholt, Mr. Riley, Mr. Goodling, Mr. Simpson, Mr. Barton of Texas, and Mr. Fletcher) introduced the following bill; which was referred to the Committee on Resources May 13, 1999 Additional sponsors: Mr. Forbes, Mr. Peterson of Minnesota, Mr. Cook, Mr. Stenholm, Mr. Sessions, Mr. Smith of New Jersey, Mr. Collins, Mr. Gutknecht, Mr. Hobson, Mr. Watts of Oklahoma, Mr. Talent, Mr. McCrery, Mr. Salmon, Mr. Chabot, Mr. Hayes, Mr. Dreier, Mr. Sherwood, Mrs. Northup, Mr. Upton, Mr. Buyer, Mr. Bateman, Mr. Nussle, Mr. Miller of Florida, Mr. Hyde, Mr. LaHood, Mr. Berry, Mr. Shimkus, Mr. Hulshof, Mr. Canady of Florida, Mr. Gallegly, Mr. Ortiz, Mr. Whitfield, Mr. Green of Wisconsin, Mr. Ballenger, Mr. Coble, Mr. Cox, Mr. Terry, Mr. Ryun of Kansas, Mr. Lucas of Kentucky, Mr. Scarborough, Mr. Reynolds, Mr. Tauzin, Mr. Pease, Mr. Thune, Mr. Holden, Mr. Chambliss, Mr. Hansen, Mr. McCollum, Mr. Gekas, Mr. Skelton, Mr. Turner, Mr. Jenkins, Mr. Isakson, Mr. Sununu, Mr. Ehrlich, and Mr. Camp May 13, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of enactment and before December 31, 2000; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''.

usgpo

2024-06-24T03:05:55.958143

BILLS-106hr974eh

District of Columbia College Access Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 974 Engrossed in House (EH)] 1st Session H. R. 974 _______________________________________________________________________ AN ACT To establish a program to afford high school graduates from the District of Columbia the benefits of in-State tuition at State colleges and universities outside the District of Columbia, and for other purposes. 106th CONGRESS 1st Session H. R. 974 _______________________________________________________________________ AN ACT To establish a program to afford high school graduates from the District of Columbia the benefits of in-State tuition at State colleges and universities outside the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Act''. SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM. There is hereby established the District of Columbia College Access Scholarship Program (hereafter in this Act referred to as the ``Program'') under which the Mayor of the District of Columbia shall award scholarships in accordance with section 4 using amounts in the District of Columbia College Access Fund established under section 3. SEC. 3. DISTRICT OF COLUMBIA COLLEGE ACCESS FUND. (a) Establishment.--There is hereby established on the books of the government of the District of Columbia the District of Columbia College Access Fund (hereafter in this Act referred to as the ``Fund''), which shall consist of the following amounts: (1) Amounts appropriated to the Fund under law. (2) Gifts and bequests. (3) Refunds paid under section 4(b)(4). (4) Interest earned on the balance of the Fund. (b) Administration.--The Mayor of the District of Columbia shall administer the Fund, in consultation with the Secretary of Education. (c) Use of Fund.-- (1) In general.--Amounts in the Fund shall be used solely to award scholarships in accordance with section 4, except that not more than 10 percent of the balance of the Fund with respect to a fiscal year may be used for the administration of the Fund during such year. (2) Determination of amount available for scholarships.-- With respect to each academic year for which scholarships may be awarded under this Act, the Mayor shall determine the amount available from the Fund for awarding scholarships. (d) Investment.--The Mayor shall invest such portion of the Fund as is not in the judgment of the Mayor required to make current payments for scholarships. Such investments shall be in such form as the Mayor considers appropriate. SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM. (a) Applications.--Any qualified graduate seeking a scholarship under the Program shall submit an application to the Mayor in such form and containing such information as the Mayor may prescribe by regulation. The Mayor shall make applications for scholarships under the Program available not later than October 1 of the academic year preceding the academic year for which the scholarships will be awarded, and shall announce the recipients of scholarships under this section not later than a date determined by the Mayor in consultation with the Secretary of Education. (b) Awards Authorized.-- (1) Awards to each qualified graduate.-- (A) In general.--From the amount available from the Fund under section 3(c)(2) for any academic year, the Mayor shall award scholarships to each qualified graduate submitting an application that is approved pursuant to subsection (a). (B) Awards to students at eligible public institutions based on in-state tuition.--Subject to subparagraph (D) and paragraph (2), such scholarship shall provide, for attendance at an eligible public institution located outside the District of Columbia, an amount equal to the difference between-- (i) the amount of the tuition normally charged by that institution to a student who is not a resident of the State in which that institution is located for the program of instruction in which the qualified graduate is enrolled or accepted for enrollment; and (ii) the amount of the tuition normally charged by that institution to a student who is a resident of such State for such program of instruction, or the amount of the tuition normally charged by that institution to a student who is a resident of the county in which the institution is located for such program of instruction, whichever is less. (C) Tuition assistance grants to students at eligible private institutions.--Subject to paragraph (2), such scholarship shall provide, for attendance at an eligible private institution, a tuition assistance grant in a uniform amount determined by the Mayor, not to exceed $3,000 for the academic year. (D) Cap on amount provided.--The amount of a scholarship provided to an individual under subparagraph (B) for an academic year may not exceed $10,000. (2) Ratable reduction if funds insufficient.--If the amount available from the Fund under section 3(c)(2) for any academic year is not sufficient to pay the scholarship amount determined under paragraph (1) for each qualified graduate submitting an application that is approved pursuant to subsection (a), the amount of such scholarships shall be ratably reduced. If additional sums become available for such academic year, such reduced scholarships shall be increased on the same basis as they were reduced (until the amount allotted equals the amount determined under paragraph (1)). (3) Disbursement.--The scholarships awarded under this section shall be disbursed to the eligible institution at which the qualified graduate is enrolled or accepted for enrollment by check or other means that is payable to and requires the endorsement or other certification by such graduate. (4) Refunds.--The Mayor may prescribe such regulations as may be necessary to provide for the refund to the Fund of a portion of the amount awarded under this section in the event a recipient of a scholarship under this section withdraws from an institution during a period of enrollment in which the recipient began attendance. (c) Rule of Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner in order for a qualified graduate to receive a scholarship to attend such institution under this Act. (d) Definitions.--As used in this section: (1) Qualified graduate.--The term ``qualified graduate'' means an individual who-- (A) has been a resident of the District of Columbia for not less than the 12 consecutive months preceding the academic year for which the scholarship is sought; (B) begins his or her undergraduate course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces of the United States, in the Peace Corps or Americorps) of graduating from a secondary school, or receiving the recognized equivalent of a secondary school diploma; (C) is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (D) if the student is presently enrolled at an institution, is maintaining satisfactory progress in the course of study the student is pursuing, as determined under section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); (E) is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; (F) does not owe a refund on grants previously received under title IV of the Higher Education Act of 1965, and is not in default on any loan made, insured, or guaranteed under such title; (G) has not completed his or her first undergraduate baccalaureate course of study; and (H) is not incarcerated. (2) Eligible institution.--The term ``eligible institution'' means eligible public institution or an eligible private institution. (3) Eligible public institution.--The term ``eligible public institution'' means an institution of higher education that-- (A) is established as a State-supported institution of higher education by the State in which such institution is located; (B) is eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (C) has entered into an agreement with the Mayor containing such requirements for the management of funds provided under this Act as the Mayor may specify, including a requirement that the institution use the funds to supplement and not supplant assistance that otherwise would be provided to students from the District of Columbia. (4) Eligible private institution.--The term ``eligible private institution'' means an institution of higher education that-- (A) is located in the District of Columbia, the State of Maryland, or the Commonwealth of Virginia; (B) is not established as a State-supported institution of higher education by the State in which such institution is located; (C) is eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (D) has entered into an agreement with the Mayor containing such requirements for the management of funds provided under this Act as the Mayor may specify, including a requirement that the institution use the funds to supplement and not supplant assistance that otherwise would be provided to students from the District of Columbia. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 5. ADMINISTRATION OF PROGRAM AND FUND. In carrying out the Program and administering the Fund, the Mayor of the District of Columbia-- (1) shall consult with the Secretary of Education; and (2) may enter into a contract with a nongovernmental agency to administer the Program and the Fund if the Mayor determines that it is cost-effective and appropriate to do so. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for payment to the Fund such sums as may be necessary for fiscal year 2000 and for each of the 5 succeeding fiscal years. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNIVERSITY OF THE DISTRICT OF COLUMBIA. There is authorized to be appropriated to the University of the District of Columbia for fiscal year 2000 and each of the 5 succeeding fiscal years such sums as may be necessary to enhance educational opportunities for the University. Passed the House of Representatives May 24, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:56.113582

BILLS-106hr974rfs

District of Columbia College Access Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 974 Referred in Senate (RFS)] 1st Session H. R. 974 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 27, 1999 Received; read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ AN ACT To establish a program to afford high school graduates from the District of Columbia the benefits of in-State tuition at State colleges and universities outside the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Act''. SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM. There is hereby established the District of Columbia College Access Scholarship Program (hereafter in this Act referred to as the ``Program'') under which the Mayor of the District of Columbia shall award scholarships in accordance with section 4 using amounts in the District of Columbia College Access Fund established under section 3. SEC. 3. DISTRICT OF COLUMBIA COLLEGE ACCESS FUND. (a) Establishment.--There is hereby established on the books of the government of the District of Columbia the District of Columbia College Access Fund (hereafter in this Act referred to as the ``Fund''), which shall consist of the following amounts: (1) Amounts appropriated to the Fund under law. (2) Gifts and bequests. (3) Refunds paid under section 4(b)(4). (4) Interest earned on the balance of the Fund. (b) Administration.--The Mayor of the District of Columbia shall administer the Fund, in consultation with the Secretary of Education. (c) Use of Fund.-- (1) In general.--Amounts in the Fund shall be used solely to award scholarships in accordance with section 4, except that not more than 10 percent of the balance of the Fund with respect to a fiscal year may be used for the administration of the Fund during such year. (2) Determination of amount available for scholarships.-- With respect to each academic year for which scholarships may be awarded under this Act, the Mayor shall determine the amount available from the Fund for awarding scholarships. (d) Investment.--The Mayor shall invest such portion of the Fund as is not in the judgment of the Mayor required to make current payments for scholarships. Such investments shall be in such form as the Mayor considers appropriate. SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM. (a) Applications.--Any qualified graduate seeking a scholarship under the Program shall submit an application to the Mayor in such form and containing such information as the Mayor may prescribe by regulation. The Mayor shall make applications for scholarships under the Program available not later than October 1 of the academic year preceding the academic year for which the scholarships will be awarded, and shall announce the recipients of scholarships under this section not later than a date determined by the Mayor in consultation with the Secretary of Education. (b) Awards Authorized.-- (1) Awards to each qualified graduate.-- (A) In general.--From the amount available from the Fund under section 3(c)(2) for any academic year, the Mayor shall award scholarships to each qualified graduate submitting an application that is approved pursuant to subsection (a). (B) Awards to students at eligible public institutions based on in-state tuition.--Subject to subparagraph (D) and paragraph (2), such scholarship shall provide, for attendance at an eligible public institution located outside the District of Columbia, an amount equal to the difference between-- (i) the amount of the tuition normally charged by that institution to a student who is not a resident of the State in which that institution is located for the program of instruction in which the qualified graduate is enrolled or accepted for enrollment; and (ii) the amount of the tuition normally charged by that institution to a student who is a resident of such State for such program of instruction, or the amount of the tuition normally charged by that institution to a student who is a resident of the county in which the institution is located for such program of instruction, whichever is less. (C) Tuition assistance grants to students at eligible private institutions.--Subject to paragraph (2), such scholarship shall provide, for attendance at an eligible private institution, a tuition assistance grant in a uniform amount determined by the Mayor, not to exceed $3,000 for the academic year. (D) Cap on amount provided.--The amount of a scholarship provided to an individual under subparagraph (B) for an academic year may not exceed $10,000. (2) Ratable reduction if funds insufficient.--If the amount available from the Fund under section 3(c)(2) for any academic year is not sufficient to pay the scholarship amount determined under paragraph (1) for each qualified graduate submitting an application that is approved pursuant to subsection (a), the amount of such scholarships shall be ratably reduced. If additional sums become available for such academic year, such reduced scholarships shall be increased on the same basis as they were reduced (until the amount allotted equals the amount determined under paragraph (1)). (3) Disbursement.--The scholarships awarded under this section shall be disbursed to the eligible institution at which the qualified graduate is enrolled or accepted for enrollment by check or other means that is payable to and requires the endorsement or other certification by such graduate. (4) Refunds.--The Mayor may prescribe such regulations as may be necessary to provide for the refund to the Fund of a portion of the amount awarded under this section in the event a recipient of a scholarship under this section withdraws from an institution during a period of enrollment in which the recipient began attendance. (c) Rule of Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner in order for a qualified graduate to receive a scholarship to attend such institution under this Act. (d) Definitions.--As used in this section: (1) Qualified graduate.--The term ``qualified graduate'' means an individual who-- (A) has been a resident of the District of Columbia for not less than the 12 consecutive months preceding the academic year for which the scholarship is sought; (B) begins his or her undergraduate course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces of the United States, in the Peace Corps or Americorps) of graduating from a secondary school, or receiving the recognized equivalent of a secondary school diploma; (C) is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (D) if the student is presently enrolled at an institution, is maintaining satisfactory progress in the course of study the student is pursuing, as determined under section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); (E) is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; (F) does not owe a refund on grants previously received under title IV of the Higher Education Act of 1965, and is not in default on any loan made, insured, or guaranteed under such title; (G) has not completed his or her first undergraduate baccalaureate course of study; and (H) is not incarcerated. (2) Eligible institution.--The term ``eligible institution'' means eligible public institution or an eligible private institution. (3) Eligible public institution.--The term ``eligible public institution'' means an institution of higher education that-- (A) is established as a State-supported institution of higher education by the State in which such institution is located; (B) is eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (C) has entered into an agreement with the Mayor containing such requirements for the management of funds provided under this Act as the Mayor may specify, including a requirement that the institution use the funds to supplement and not supplant assistance that otherwise would be provided to students from the District of Columbia. (4) Eligible private institution.--The term ``eligible private institution'' means an institution of higher education that-- (A) is located in the District of Columbia, the State of Maryland, or the Commonwealth of Virginia; (B) is not established as a State-supported institution of higher education by the State in which such institution is located; (C) is eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (D) has entered into an agreement with the Mayor containing such requirements for the management of funds provided under this Act as the Mayor may specify, including a requirement that the institution use the funds to supplement and not supplant assistance that otherwise would be provided to students from the District of Columbia. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 5. ADMINISTRATION OF PROGRAM AND FUND. In carrying out the Program and administering the Fund, the Mayor of the District of Columbia-- (1) shall consult with the Secretary of Education; and (2) may enter into a contract with a nongovernmental agency to administer the Program and the Fund if the Mayor determines that it is cost-effective and appropriate to do so. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for payment to the Fund such sums as may be necessary for fiscal year 2000 and for each of the 5 succeeding fiscal years. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNIVERSITY OF THE DISTRICT OF COLUMBIA. There is authorized to be appropriated to the University of the District of Columbia for fiscal year 2000 and each of the 5 succeeding fiscal years such sums as may be necessary to enhance educational opportunities for the University. Passed the House of Representatives May 24, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:56.134309

BILLS-106hres156ih

Commending the Reverend Jesse L. Jackson, Sr. on securing the release of Specialist Steven Gonzales of Huntsville, Texas, Staff Sergeant Andrew Ramirez of Los Angeles, California, and Staff Sergeant Christopher Stone of Smiths Creek, Michigan, from captivity in Belgrade, Yugoslavia.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 156 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 156 Commending the Reverend Jesse L. Jackson, Sr. on securing the release of Specialist Steven Gonzales of Huntsville, Texas, Staff Sergeant Andrew Ramirez of Los Angeles, California, and Staff Sergeant Christopher Stone of Smiths Creek, Michigan, from captivity in Belgrade, Yugoslavia. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 3, 1999 Mrs. Meek of Florida submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Commending the Reverend Jesse L. Jackson, Sr. on securing the release of Specialist Steven Gonzales of Huntsville, Texas, Staff Sergeant Andrew Ramirez of Los Angeles, California, and Staff Sergeant Christopher Stone of Smiths Creek, Michigan, from captivity in Belgrade, Yugoslavia. Whereas, on March 31, 1999, Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone were captured while on patrol along the border of Kosovo and Macedonia; Whereas all diplomatic efforts to secure their release were unsuccessful; Whereas Reverend Jesse L. Jackson, Sr., on April 29, 1999, led a delegation of religious and civic leaders from the United States, including Representative Rod R. Blagojevich, in a faith-based effort to secure the release of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone; Whereas against great odds and in the face of grave personal risks, Rev. Jesse L. Jackson, Sr. and his party entered a war zone and successfully secured the release of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone; Whereas Rev. Jesse L. Jackson, Sr. has successfully secured the release of prisoners in other countries on several previous occasions--in 1984 he secured the release of United States Navy flyer, Lieutenant Robert O. Goodman, Jr. from Syria, in June 1984, he secured the release of 22 United States citizens and 26 Cubans from Cuba, and in 1990 he secured the release of 700 women and children who were being detained in Iraq; Whereas Rev. Jesse L. Jackson, Sr. is recognized around the world as a humanitarian, an advocate for civil and human rights, and an ambassador of freedom; and Whereas, as a highly respected world leader, Rev. Jesse L. Jackson, Sr. has acted many times as an international diplomat in sensitive situations and in October 1997, he was appointed by President Clinton and Secretary of State Albright as Special Envoy of the President and Secretary of State for the Promotion of Democracy in Africa: Now, therefore, be it Resolved, That the House of Representatives-- (1) commends Reverend Jesse L. Jackson, Sr. for securing the release of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone from captivity in Belgrade, Yugoslavia; (2) expresses its gratitude to Rev. Jesse L. Jackson, Sr. and his delegation for securing the release and safe return of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone; and (3) joins with the people of the United States in celebrating the return to freedom of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone. <all>

usgpo

2024-06-24T03:05:56.148057

BILLS-106hr833pcs

Bankruptcy Reform Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 833 Placed on Calendar Senate (PCS)] Calendar No. 110 106th CONGRESS 1st Session H. R. 833 _______________________________________________________________________ AN ACT To amend title 11 of the United States Code, and for other purposes. _______________________________________________________________________ May 12, 1999 Read twice and placed on the calendar Calendar No. 110 106th CONGRESS 1st Session H. R. 833 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 6, 1999 Received May 12, 1999 Read twice and placed on the calendar _______________________________________________________________________ AN ACT To amend title 11 of the United States Code, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Bankruptcy Reform Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CONSUMER BANKRUPTCY PROVISIONS Subtitle A--Needs based bankruptcy Sec. 101. Conversion. Sec. 102. Dismissal or conversion. Sec. 103. Notice of alternatives. Sec. 104. Debtor financial management training test program. Subtitle B--Consumer Bankruptcy Protections Sec. 105. Definitions. Sec. 106. Enforcement. Sec. 107. Sense of the Congress. Sec. 108. Discouraging abusive reaffirmation practices. Sec. 109. Promotion of alternative dispute resolution. Sec. 110. Enhanced disclosure for credit extensions secured by a dwelling. Sec. 111. Dual use debit card. Sec. 112. Enhanced disclosures under an open-end credit plan. Sec. 113. Protection of savings earmarked for the postsecondary education of children. Sec. 114. Effect of discharge. Sec. 115. Limiting trustee liability. Sec. 116. Reinforce the fresh start. Sec. 117. Discouraging bad faith repeat filings. Sec. 118. Curbing abusive filings. Sec. 119. Debtor retention of personal property security. Sec. 120. Relief from the automatic stay when the debtor does not complete intended surrender of consumer debt collateral. Sec. 121. Giving secured creditors fair treatment in chapter 13. Sec. 122. Restraining abusive purchases on secured credit. Sec. 123. Fair valuation of collateral. Sec. 124. Domiciliary requirements for exemptions. Sec. 125. Restrictions on certain exempt property obtained through fraud. Sec. 126. Rolling stock equipment. Sec. 127. Discharge under chapter 13. Sec. 128. Bankruptcy judgeships. Sec. 129. Additional amendments to title 11, United States Code. Sec. 130. Amendment to section 1325 of title 11, United States Code. Sec. 131. Application of the codebtor stay only when the stay protects the debtor. Sec. 132. Adequate protection for investors. Sec. 133. Limitation on luxury goods. Sec. 134. Allowing a debtor to retain leased personal property by assumption. Sec. 135. Adequate protection of lessors and purchase money secured creditors. Sec. 136. Automatic stay. Sec. 137. Extend period between bankruptcy discharges. Sec. 138. Definition of domestic support obligation. Sec. 139. Priorities for claims for domestic support obligations. Sec. 140. Requirements to obtain confirmation and discharge in cases involving domestic support obligations. Sec. 141. Exceptions to automatic stay in domestic support obligation proceedings. Sec. 142. Nondischargeability of certain debts for alimony, maintenance, and support. Sec. 143. Continued liability of property. Sec. 144. Protection of domestic support claims against preferential transfer motions. Sec. 145. Clarification of meaning of household goods. Sec. 146. Nondischargeable debts. Sec. 147. Monetary limitation on certain exempt property. Sec. 148. Bankruptcy fees. Sec. 149. Collection of child support. Sec. 150. Excluding employee benefit plan participant contributions and other property from the estate. Sec. 151. Clarification of postpetition wages and benefits. Sec. 152. Exceptions to automatic stay in domestic support obligation proceedings. Sec. 153. Automatic stay inapplicable to certain proceedings against the debtor. Sec. 154. Disclosures. Sec. 155. Debtor's bill of rights. TITLE II--DISCOURAGING BANKRUPTCY ABUSE Sec. 201. Reenactment of chapter 12. Sec. 202. Meetings of creditors and equity security holders. Sec. 203. Protection of retirement savings in bankruptcy. Sec. 204. Protection of refinance of security interest. Sec. 205. Executory contracts and unexpired leases. Sec. 206. Creditors and equity security holders committees. Sec. 207. Amendment to section 546 of title 11, United States Code. Sec. 208. Limitation. Sec. 209. Amendment to section 330(a) of title 11, United States Code. Sec. 210. Postpetition disclosure and solicitation. Sec. 211. Preferences. Sec. 212. Venue of certain proceedings. Sec. 213. Period for filing plan under chapter 11. Sec. 214. Fees arising from certain ownership interests. Sec. 215. Defaults based on nonmonetary obligations. Sec. 216. Sharing of compensation. Sec. 217. Priority for administrative expenses. Sec. 218. Nondischargeability of certain educational benefits and loans. TITLE III--GENERAL BUSINESS BANKRUPTCY PROVISIONS Sec. 301. Definition of disinterested person. Sec. 302. Miscellaneous improvements. Sec. 303. Extensions. Sec. 304. Local filing of bankruptcy cases. Sec. 305. Permitting assumption of contracts. TITLE IV SMALL BUSINESS BANKRUPTCY PROVISIONS Sec. 401. Flexible rules for disclosure Statement and plan. Sec. 402. Definitions. Sec. 403. Standard form disclosure Statement and plan. Sec. 404. Uniform national reporting requirements. Sec. 405. Uniform reporting rules and forms for small business cases. Sec. 406. Duties in small business cases. Sec. 407. Plan filing and confirmation deadlines. Sec. 408. Plan confirmation deadline. Sec. 409. Prohibition against extension of time. Sec. 410. Duties of the United States trustee. Sec. 411. Scheduling conferences. Sec. 412. Serial filer provisions. Sec. 413. Expanded grounds for dismissal or conversion and appointment of trustee or examiner. Sec. 414. Study of operation of title 11, United States Code, with respect to small businesses. Sec. 415. Payment of interest. TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS Sec. 501. Petition and proceedings related to petition. Sec. 502. Applicability of other sections to chapter 9. TITLE VI--STREAMLINING THE BANKRUPTCY SYSTEM Sec. 601. Creditor representation at first meeting of creditors. Sec. 602. Audit procedures. Sec. 603. Giving creditors fair notice in chapter 7 and 13 cases. Sec. 604. Dismissal for failure to timely file schedules or provide required information. Sec. 605. Adequate time to prepare for hearing on confirmation of the plan. Sec. 606. Chapter 13 plans to have a 5-year duration in certain cases. Sec. 607. Sense of the Congress regarding expansion of rule 9011 of the Federal Rules of Bankruptcy Procedure. Sec. 608. Elimination of certain fees payable in chapter 11 bankruptcy cases. Sec. 609. Study of bankruptcy impact of credit extended to dependent students. Sec. 610. Prompt relief from stay in individual cases. Sec. 611. Stopping abusive conversions from chapter 13. Sec. 612. Bankruptcy appeals. Sec. 613. GAO study. Sec. 614. Compensating trustees. TITLE VII--BANKRUPTCY DATA Sec. 701. Improved bankruptcy statistics. Sec. 702. Uniform rules for the collection of bankruptcy data. Sec. 703. Sense of the Congress regarding availability of bankruptcy data. TITLE VIII--BANKRUPTCY TAX PROVISIONS Sec. 801. Treatment of certain liens. Sec. 802. Effective notice to government. Sec. 803. Notice of request for a determination of taxes. Sec. 804. Rate of interest on tax claims. Sec. 805. Tolling of priority of tax claim time periods. Sec. 806. Priority property taxes incurred. Sec. 807. Chapter 13 discharge of fraudulent and other taxes. Sec. 808. Chapter 11 discharge of fraudulent taxes. Sec. 809. Stay of tax proceedings. Sec. 810. Periodic payment of taxes in chapter 11 cases. Sec. 811. Avoidance of statutory tax liens prohibited. Sec. 812. Payment of taxes in the conduct of business. Sec. 813. Tardily filed priority tax claims. Sec. 814. Income tax returns prepared by tax authorities. Sec. 815. Discharge of the estate's liability for unpaid taxes. Sec. 816. Requirement to file tax returns to confirm chapter 13 plans. Sec. 817. Standards for tax disclosure. Sec. 818. Setoff of tax refunds. TITLE IX--ANCILLARY AND OTHER CROSS-BORDER CASES Sec. 901. Amendment to add chapter 15 to title 11, United States Code. Sec. 902. Other amendments to titles 11 and 28, United States Code. TITLE X--FINANCIAL CONTRACT PROVISIONS Sec. 1001. Treatment of certain agreements by conservators or receivers of insured depository institutions. Sec. 1002. Authority of the corporation with respect to failed and failing institutions. Sec. 1003. Amendments relating to transfers of qualified financial contracts. Sec. 1004. Amendments relating to disaffirmance or repudiation of qualified financial contracts. Sec. 1005. Clarifying amendment relating to master agreements. Sec. 1006. Federal Deposit Insurance Corporation Improvement Act of 1991. Sec. 1007. Bankruptcy Code amendments. Sec. 1008. Recordkeeping requirements. Sec. 1009. Exemptions from contemporaneous execution requirement. Sec. 1010. Damage measure. Sec. 1011. Sipc stay. Sec. 1012. Asset-backed securitizations. Sec. 1013. Federal Reserve collateral requirements. Sec. 1014. Effective date; application of amendments. TITLE XI--TECHNICAL CORRECTIONS Sec. 1101. Definitions. Sec. 1102. Adjustment of dollar amounts. Sec. 1103. Extension of time. Sec. 1104. Technical amendments. Sec. 1105. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions. Sec. 1106. Limitation on compensation of professional persons. Sec. 1107. Special tax provisions. Sec. 1108. Effect of conversion. Sec. 1109. Allowance of administrative expenses. Sec. 1110. Priorities. Sec. 1111. Exemptions. Sec. 1112. Exceptions to discharge. Sec. 1113. Effect of discharge. Sec. 1114. Protection against discriminatory treatment. Sec. 1115. Property of the estate. Sec. 1116. Preferences. Sec. 1117. Postpetition transactions. Sec. 1118. Disposition of property of the estate. Sec. 1119. General provisions. Sec. 1120. Appointment of elected trustee. Sec. 1121. Abandonment of railroad line. Sec. 1122. Contents of plan. Sec. 1123. Discharge under chapter 12. Sec. 1124. Bankruptcy cases and proceedings. Sec. 1125. Knowing disregard of bankruptcy law or rule. Sec. 1126. Transfers made by nonprofit charitable corporations. Sec. 1127. Prohibition on certain actions for failure to incur finance charges. Sec. 1128. Protection of valid purchase money security interests. Sec. 1129. Trustees. TITLE XII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS Sec. 1201. Effective date; application of amendments. TITLE I--CONSUMER BANKRUPTCY PROVISIONS Subtitle A--Needs based bankruptcy SEC. 101. CONVERSION. Section 706(c) of title 11, United States Code, is amended by inserting ``or consents to'' after ``requests''. SEC. 102. DISMISSAL OR CONVERSION. (a) In General.--Section 707 of title 11, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 707. Dismissal of a case or conversion to a case under chapter 13''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) in paragraph (1), as redesignated by subparagraph (A) of this paragraph-- (i) in the first sentence-- (I) by striking ``but not at the request or suggestion of'' and inserting ``the trustee, or''; (II) by inserting ``, or, with the debtor's consent, convert such a case to a case under chapter 13 of this title,'' after ``consumer debts''; and (III) by striking ``substantial abuse'' and inserting ``abuse''; and (ii) by striking the second and third sentences and inserting the following: ``(2)(A)(i) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter, the court shall presume abuse exists if the debtor's current monthly income less estimated administrative expenses and reasonable attorneys' fees, and amounts set forth in clauses (ii) for monthly expenses (which shall include, if applicable, the continuation of actual expenses of a dependent child under the age of 18 for tuition, books, and required fees at a private elementary or secondary school, not exceeding $10,000 per year, which amount shall be adjusted pursuant to section 104(b)), (iii) for monthly payments on account of secured debts, and (iv) for monthly unsecured priority debt payments, and multiplied by 60 months is not less than $6,000. ``(ii) The debtor's monthly expenses shall be the debtor's applicable monthly expense amounts specified under the National Standards and Local Standards, and the debtor's actual monthly expenses for the categories specified as Other Necessary Expenses issued by the Internal Revenue Service for the area in which the debtor resides, as in effect on the date of the entry of the order for relief, for the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case, if the spouse is not otherwise a dependent. In addition, if it is demonstrated that it is reasonable and necessary, the debtor may also subtract an allowance of up to 5% of the food and clothing categories as specified by the National Standards issued by the Internal Revenue Service. Notwithstanding any other provision of this clause, the debtor's monthly expenses shall not include any payments for debts. ``(iii) The debtor's average monthly payments on account of secured debts shall be calculated as the total of all amounts scheduled as contractually due to secured creditors in each month of the 60 months following the date of the petition, and dividing that total by 60 months. ``(iv) The debtor's monthly unsecured priority debt payments (including payments for priority child support and alimony claims) shall be calculated as the total amount of unsecured debts entitled to priority, and dividing the total by 60 months. ``(v) For the purposes of this subsection, a family or household shall consist of the debtor, the debtor's spouse, and the debtor's dependents, but not a legally separated spouse unless the spouse files a joint case with the debtor. ``(B) In any motion filed under this subsection, the presumption of abuse may be rebutted only by demonstrating extraordinary circumstances that require additional expenses or adjustment of current monthly income. In order to establish extraordinary circumstances, the debtor must itemize each additional expense or adjustment of income and provide documentation for such expenses or adjustment of income and a detailed explanation of the extraordinary circumstances which make such expenses or adjustment of income necessary and reasonable. The debtor shall attest under oath to the accuracy of any information provided to demonstrate that additional expenses or adjustment to income are required. The presumption of abuse may be rebutted only if such additional expenses or adjustments to income cause the debtor's current monthly income less estimated administrative expenses and reasonable attorneys' fees, and the amounts set forth in clauses (ii), (iii), and (iv) of subparagraph (A) when multiplied by 60 to be less than $6,000. ``(C) No judge, United States trustee, panel trustee, bankruptcy administrator or other party in interest shall bring a motion under this paragraph if the debtor and the debtor's spouse combined, as of the date of the order for relief, have current monthly total income equal to or less than the regional median household monthly income calculated on a semiannual basis for a household of equal size. However, for a household of more than four individuals, the median income shall be that of a household of four individuals plus $583 for each additional member of that household. ``(3) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter in a case in which the presumption in paragraph (2)(A)(i) does not apply or has been rebutted, the court shall consider-- ``(A) whether the debtor filed the petition in bad faith; or ``(B) the totality of the circumstances (including whether the debtor seeks to reject a personal services contract and the financial need for such rejection as sought by the debtor) of the debtor's financial situation demonstrates abuse. ``(4)(A) If a panel trustee appointed under section 586(a)(1) of title 28 or bankruptcy administrator brings a motion for dismissal or conversion under this subsection and the court grants that motion and finds that the action of the counsel for the debtor in filing under this chapter violated Rule 9011, the court shall assess damages which may include ordering: ``(i) the counsel for the debtor to reimburse the trustee for all reasonable costs, including reasonable attorneys' fees. ``(ii) the assessment of an appropriate civil penalty against the counsel for the debtor; and ``(iii) the payment of the civil penalty to the panel trustee, bankruptcy administrator or the United States trustee. ``(B) In the case of a petition filed under sections 301, 302, or 303 of this title and supporting lists, schedules and documents filed under section 521(a)(1) of this title, the signature of an attorney on the petition shall constitute a certificate that the attorney has-- ``(i) performed a reasonable investigation into the circumstances that gave rise to the petition; and ``(ii) determined that the petition, lists, schedules, and documents-- ``(I) are well grounded in fact; and ``(II) are warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law and do not constitute an abuse under paragraph (1) of this subsection. ``(5) The court may award a debtor all reasonable costs in contesting a motion filed by a party in interest (not including a trustee or the United States trustee) under this subsection (including reasonable attorneys' fees) if-- ``(A) the court does not grant the motion; and ``(B) the court finds that-- ``(i) the position of the party that brought the motion was not substantially justified; or ``(ii) the party brought the motion solely for the purpose of coercing a debtor into waiving a right guaranteed to the debtor under this title. ``(6) However, only the court, the United States trustee, or the trustee may file a motion to dismiss or convert a case under this subsection if the current monthly income of the debtor and the debtor's spouse combined, as of the date of the order for relief, when multiplied by 12, is less than the highest national median family income last reported by the Bureau of the Census for a family of equal or lesser size, or in the case of a household of one person, the national median household income for one earner. Notwithstanding the foregoing, the national median family income for a family of more than four individuals shall be the national median family income last reported by the Bureau of the Census for a family of four individuals plus $583 for each additional member of the family. ``(7) In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of `charitable contribution' under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)). ``(8) Not later than 3 years after the date of the enactment of the Bankruptcy Reform Act of 1999, the Director of the Executive Office for United States Trustees shall submit a report, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, containing its findings regarding the utilization of the Internal Revenue Service standards for determining the current monthly expenses under section 707(b)(1)(A)(ii) of title 11, United States Code, of debtors and the impact that the application of such standards has had on debtors and on the bankruptcy courts. Such report may include recommendations for amendments to such title, consistent with the Director's findings.''. (b) Definitions.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (10) the following: ``(10A) `current monthly income' means the average monthly income from all sources derived which the debtor, or in a joint case, the debtor and the debtor's spouse, receive without regard to whether it is taxable income, in the 180 days preceding the date of determination, and includes any amount paid by anyone other than the debtor or, in a joint case, the debtor and the debtor's spouse, on a regular basis to the household expenses of the debtor or the debtor's dependents and, in a joint case, the debtor's spouse if not otherwise a dependent, but excludes payments to victims of war crimes or crimes against humanity and benefits received under the Social Security Act;''; and (2) by inserting after paragraph (17) the following: ``(17A) `estimated administrative expenses and reasonable attorneys' fees' means 10 percent of projected payments under a chapter 13 plan;''. (c) Administrative Provisions.--Section 704 of title 11, United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end; (2) in paragraph (9) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10)(A) With respect to an individual debtor, the trustee shall review all materials filed by the debtor, consider all information presented at the first meeting of creditors, and within 10 days after the first meeting of creditors file with the court a statement as to whether or not the debtor's case should be presumed to be an abuse under section 707(b) of this title. The court shall provide a copy of such statement to all creditors within 5 days after such statement is filed. If, based on the filing of such statement with the court, the trustee determines that the debtor's case should be presumed to be an abuse under section 707(b) of this title and if the current monthly income of the debtor and the debtor's spouse combined, as of the date of the order for relief, when multiplied by 12, is not less than the highest national median family income reported for a family of equal or lesser size, or in the case of a household of one person, the national median household income for one earner, then the trustee shall within 30 days of the filing of such statement, either-- ``(i) file a motion to dismiss or convert under section 707(b) of this title; or ``(ii) file a statement setting forth the reasons the trustee or bankruptcy administrator does not believe that such a motion would be appropriate. ``(B) Notwithstanding subparagraph (A), for purposes of this paragraph the national family income for a family of more than four individuals shall be the national median family income last reported by the Bureau of the Census for a family of four individuals plus $583 for each additional member of the family.''. (d) Debtor's Duties.--Section 521(a)(1)(B) of title 11, United States Code, as amended by section 603, is amended-- (1) in clause (v) by striking ``and'' at the end; (2) in clause (vi) by adding ``and'' at the end; and (3) by inserting the following after clause (vi): ``(vii) a statement of the debtor's current monthly income, and the calculations which determine whether a presumption arises under section 707(b)(2)(A)(i), showing how each amount is calculated.''. (e) Bankruptcy Forms.--Section 2075 of title 28, United States Code, is amended by adding the following at the end of the first paragraph: ``The bankruptcy rules promulgated under this section shall prescribe a form for the statement referred to in section 521(a)(1)(B)(vii) of title 11, United States Code, and may provide general rules on the content of such statement.''. (f) Chapter 13.--Section 1325(a) of title 11, United States Code, is amended-- (1) in paragraph (5) by striking ``and'' at the end; (2) in paragraph (6) by striking the period and inserting ``; and''; and (3) by inserting the following after paragraph (6): ``(7) the action of the debtor in filing the petition under this chapter was in good faith.''. (g) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 11, United States Code, is amended by striking the item relating to section 707 and inserting the following: ``707. Dismissal of a case or conversion to a case under chapter 13.''. SEC. 103. NOTICE OF ALTERNATIVES. Section 342(b) of title 11, United States Code, is amended to read as follows: ``(b) Before the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give to such individual written notice containing-- ``(1) a brief description of-- ``(A) chapters 7, 11, 12, and 13 and the general purpose, benefits, and costs of proceeding under each of those chapters; and ``(B) the types of services available from credit counseling agencies; and ``(2) statements specifying that-- ``(A) a person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both; and ``(B) all information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General.''. SEC. 104. DEBTOR FINANCIAL MANAGEMENT TRAINING TEST PROGRAM. (a) Development of Financial Management and Training Curriculum and Materials.--The Director of the Executive Office for United States Trustees (in this section referred to as the ``Director'') shall consult with a wide range of individuals who are experts in the field of debtor education, including trustees who are appointed under chapter 13 of title 11, United States Code, and who operate financial management education programs for debtors, and shall develop a financial management training curriculum and materials that can be used to educate individual debtors on how to better manage their finances. (b) Test--(1) The Director shall select 6 judicial districts of the United States in which to test the effectiveness of the financial management training curriculum and materials developed under subsection (a). (2) For a 18-month period beginning not later than 270 days after the date of the enactment of this Act, such curriculum and materials shall be, for the 6 judicial districts selected under paragraph (1), used as the instructional course concerning personal financial management for purposes of section 111 of title 11, United States Code. (c) Evaluation.--(1) During the 1-year period referred to in subsection (b), the Director shall evaluate the effectiveness of-- (A) the financial management training curriculum and materials developed under subsection (a); and (B) a sample of existing consumer education programs such as those described in the Report of the National Bankruptcy Review Commission (October 20, 1997) that are representative of consumer education programs carried out by the credit industry, by trustees serving under chapter 13 of title 11, United States Code, and by consumer counselling groups. (2) Not later than 3 months after concluding such evaluation, the Director shall submit a report to the Speaker of the House of Representatives and the President pro tempore of the Senate, for referral to the appropriate committees of the Congress, containing the findings of the Director regarding the effectiveness of such curriculum, such materials, and such programs and their costs. Subtitle B--Consumer Bankruptcy Protections SEC. 105. DEFINITIONS. (a) Definitions.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (2) the following: ``(3) `assisted person' means any person whose debts consist primarily of consumer debts and whose non-exempt assets are less than $150,000;''; (2) by inserting after paragraph (4) the following: ``(4A) `bankruptcy assistance' means any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation or filing, or attendance at a creditors' meeting or appearing in a proceeding on behalf of another or providing legal representation with respect to a proceeding under this title;''; and (3) by inserting after paragraph (12A) the following: ``(12B) `debt relief agency' means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer pursuant to section 110 of this title, but does not include any person that is any of the following or an officer, director, employee or agent thereof-- ``(A) any nonprofit organization which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) any creditor of the person to the extent the creditor is assisting the person to restructure any debt owed by the person to the creditor; or ``(C) any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such a depository institution or credit union;''. (b) Conforming Amendment.--In section 104(b)(1) by inserting ``101(3),'' after ``sections''. SEC. 106. ENFORCEMENT. (a) Enforcement.--Subchapter II of chapter 5 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 526. Debt relief agency enforcement ``(a) A debt relief agency shall not-- ``(1) fail to perform any service which the debt relief agency has told the assisted person or prospective assisted person the agency would provide that person in connection with the preparation for or activities during a case or proceeding under this title; ``(2) make any statement, or counsel or advise any assisted person to make any statement in any document filed in a case or proceeding under this title, which is untrue and misleading or which upon the exercise of reasonable care, should be known by the debt relief agency to be untrue or misleading; ``(3) misrepresent to any assisted person or prospective assisted person, directly or indirectly, affirmatively or by material omission, what services the debt relief agency can reasonably expect to provide that person, or the benefits an assisted person may obtain or the difficulties the person may experience if the person seeks relief in a proceeding pursuant to this title; or ``(4) advise an assisted person or prospective assisted person to incur more debt in contemplation of that person filing a case under this title or in order to pay an attorney or bankruptcy petition preparer fee or charge for services performed as part of preparing for or representing a debtor in a case under this title.''. ``(b) Assisted Person Waivers Invalid.--Any waiver by any assisted person of any protection or right provided by or under this section shall not be enforceable against the debtor by any Federal or State court or any other person, but may be enforced against a debt relief agency. ``(c) Noncompliance.-- ``(1) Any contract between a debt relief agency and an assisted person for bankruptcy assistance which does not comply with the material requirements of this section shall be treated as void and may not be enforced by any Federal or State court or by any other person. ``(2) Any debt relief agency shall be liable to an assisted person in the amount of any fees or charges in connection with providing bankruptcy assistance to such person which the debt relief agency has received, for actual damages, and for reasonable attorneys' fees and costs if the debt relief agency is found, after notice and hearing, to have-- ``(A) intentionally or negligently failed to comply with any provision of this section with respect to a bankruptcy case or related proceeding of the assisted person; ``(B) provided bankruptcy assistance to an assisted person in a case or related proceeding which is dismissed or converted because of the debt relief agency's intentional or negligent failure to file bankruptcy papers, including papers specified in section 521 of this title; or ``(C) intentionally or negligently disregarded the material requirements of this title or the Federal Rules of Bankruptcy Procedure applicable to such debt relief agency. ``(3) In addition to such other remedies as are provided under State law, whenever the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this section, the State-- ``(A) may bring an action to enjoin such violation; ``(B) may bring an action on behalf of its residents to recover the actual damages of assisted persons arising from such violation, including any liability under paragraph (2); and ``(C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court. ``(4) The United States District Court for any district located in the State shall have concurrent jurisdiction of any action under subparagraph (A) or (B) of paragraph (3). ``(5) Notwithstanding any other provision of Federal law and in addition to any other remedy provided under Federal or State law, if the court, on its own motion or on the motion of the United States trustee or the debtor, finds that a person intentionally violated this section, or engaged in a clear and consistent pattern or practice of violating this section, the court may-- ``(A) enjoin the violation of such section; or ``(B) impose an appropriate civil penalty against such person. ``(c) Relation to State Law.--This section shall not annul, alter, affect or exempt any person subject to those sections from complying with any law of any State except to the extent that such law is inconsistent with those sections, and then only to the extent of the inconsistency.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 11, United States Code, is amended by inserting after the item relating to section 527, the following: ``526. Debt relief agency enforcement.''. SEC. 107. SENSE OF THE CONGRESS. It is 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. 108. DISCOURAGING ABUSIVE REAFFIRMATION PRACTICES. Section 524 of title 11, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (2)-- (i) in subparagraph (A) by striking ``and'' at the end; (ii) in subparagraph (B) by adding ``and'' at the end; and (iii) by adding at the end the following: ``(C) if the consideration for such agreement is based on a wholly unsecured consumer debt (except for debts owed to creditors defined in section 461(b)(1)(A)(iv) of title 12, United States Code), such agreement contains a clear and conspicuous statement which advises the debtor-- ``(i) that the debtor is entitled to a hearing before the court at which the debtor shall appear in person and at which the court will decide whether the agreement is an undue hardship, not in the debtor's best interest, and not the result of a threat by the creditor to take any action that cannot be legally taken or that is not intended to be taken; and ``(ii) that if the debtor is represented by counsel, the debtor may waive the debtor's right to such a hearing by signing a statement waiving the hearing, stating that the debtor is represented by counsel, and identifying such counsel;''; and (B) in paragraph (6)(A)-- (i) by striking ``and'' at the end of clause (i); (ii) by striking the period at the end of clause (ii) and inserting ``; and''; and (iii) by adding at the end thereof the following: ``(iii) not entered into by the debtor as the result of a threat by the creditor to take any action that cannot be legally taken or that is not intended to be taken.''; and (2) in the third sentence of subsection (d)-- (A) by striking ``of this section'' and inserting a comma; and (B) by inserting after ``such agreement'' the following: ``or if the consideration for such agreement is based on a wholly unsecured consumer debt (except for debts owed to creditors defined in section 461(b)(1)(A)(iv) of title 12, United States Code) and the debtor has not waived the debtor's right to a hearing on the agreement in accordance with subsection (c)(2)(C) of this section''. SEC. 109. PROMOTION OF ALTERNATIVE DISPUTE RESOLUTION. (a) Reduction of Claim.--Section 502 of title 11, United States Code, is amended by adding at the end the following: ``(k)(1) The court, on the motion of the debtor and after a hearing, may reduce a claim filed under this section based wholly on unsecured consumer debts by not more than 20 percent, if the debtor can prove 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 behalf of the debtor, and if-- ``(A) such offer was made within the period beginning 60 days before the filing of the petition; ``(B) such offer provided for payment of at least 60 percent of the amount of the debt over a period not to exceed the repayment period of the loan, or a reasonable extension thereof; and ``(C) no part of the debt under the alternative repayment schedule is nondischargeable, is entitled to priority under section 507 of this title, or would be paid a greater percentage in a chapter 13 proceeding than offered by the debtor. ``(2) The debtor shall have the burden of proving that the proposed alternative repayment schedule was made in the 60-day period specified in subparagraph (A) and that the creditor unreasonably refused to consider the debtor's proposal.''. (b) Limitation on Avoidability.--Section 547 of title 11, United States Code, is amended by adding at the end the following: ``(h) The trustee may not avoid a transfer if such transfer was made as a part of an alternative repayment plan between the debtor and any creditor of the debtor created by an approved credit counseling agency.''. SEC. 110. ENHANCED DISCLOSURE FOR CREDIT EXTENSIONS SECURED BY A DWELLING. (a) Study Required.--During the period beginning 180 days after the date of the enactment of this Act and ending 18 months after the date of the enactment, the Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') shall conduct a study and submit to Congress a report (including recommendations for any appropriate legislation) regarding-- (1) whether a consumer engaging in an open-end credit transaction (as defined pursuant to section 103 of the Truth in lending Act) secured by the consumer's principal dwelling is provided adequate information under Federal law, including under section 127A of the Truth in Lending Act, regarding the tax deductibility of interest paid on such transaction; and (2) whether a consumer engaging in a closed-end credit transaction (as defined pursuant to section 103 of the Truth in Lending Act) secured by the consumer's principal dwelling is provided adequate information regarding the tax deductibility of interest paid on such transaction. In conducting such study, the Board shall specifically consider whether additional disclosures are necessary with respect to such open-end or closed-end credit transactions in which the amount of the credit extended exceeds the fair market value of the dwelling. (b) Regulations.--If the Board determines that additional disclosures are necessary in connection with transactions described in subsection (a), the Board, pursuant to its authority under the Truth in Lending Act, may promulgate regulations that would require such additional disclosures. Any such regulations promulgated by the Board under this section shall not take effect before the end of the 36-month period after the date of the enactment of this Act. SEC. 111. DUAL USE DEBIT CARD. (a) Study Required.--The Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') shall conduct a study of existing protections provided to consumers to limit their liability for unauthorized use of a debit card or similar access device. (b) Specific Considerations.--In conducting the study required by subsection (a), the Board shall specifically consider the following-- (1) the extent to which existing provisions of section 909 of the Electronic Fund Transfer Act and the Board's implementing regulations provide adequate unauthorized use liability protection for consumers; (2) the extent to which any voluntary industry rules have enhanced the level of protection afforded consumers in connection with such unauthorized use liability; and (3) whether amendments to the Electronic Funds Transfer Act or the Board's implementing regulations thereto are necessary to provide adequate protection for consumers in this area. (c) Report and Regulations.--Not later than 2 years after the date of the enactment of this Act, the Board shall make public a report on its findings with respect to the adequacy of existing protections afforded consumers with respect to unauthorized-use liability for debit cards and similar access devices. If the Board determines that such protections are inadequate, the Board, pursuant to its authority under the Electronic Funds Transfer Act, may issue regulations to address such inadequacy. Any regulations issued by the Board shall not be effective before 36 months after the date of the enactment of this Act. SEC. 112. ENHANCED DISCLOSURES UNDER AN OPEN-END CREDIT PLAN. (a) Initial and Annual Minimum Payment Disclosure.--Section 127(a) of the Truth in Lending Act (15 U.S.C. 1637(a)) is amended by adding at the end the following: ``(9) In the case of any credit or charge card account under an open-end consumer credit plan on which a minimum monthly or periodic payment will be required, other than an account described in paragraph (8)-- ``(A) the following statement: `The minimum payment amount shown on your billing statement is the smallest payment which you can make in order to keep the account in good standing. This payment option is offered as a convenience and you may make larger payments at any time. Making only the minimum payment each month will increase the amount of interest you pay and the length of time it takes to repay your outstanding balance.'; ``(B) if the plan provides that the consumer will be permitted to forgo making a minimum payment during a specified billing cycle, a statement, if applicable, that if the consumer chooses to forgo making the minimum payment, finance charges will continue to accrue; and ``(C) the following examples: ``(i) if the average account balance under a creditor's open-end consumer credit plan, taken as an average of the account balances for all consumer accounts under that open-end consumer credit plan, is $1,000 or less, two examples, based on an annual percentage rate and method for determining minimum periodic payments recently in effect for that creditor, and based on outstanding balances of $250 and $500, showing the estimated minimum periodic payments, and the estimated period of time it would take to repay those outstanding balances of $250 and $500, if the consumer paid only the minimum periodic payment on each monthly or periodic statement and obtained no additional extensions of credit; or ``(ii) if the average account balance under a creditor's open-end consumer credit plan, taken as an average of the account balances for all consumer accounts under that open-end consumer credit plan, is more than $1,000, three examples, based on an annual percentage rate and method for determining minimum periodic payments recently in effect for that creditor, and outstanding balances of $1,000, $1,500 and $2,000, showing the estimated minimum periodic payments, and the estimated period of time it would take to repay those outstanding balances of $1,000, $1,500 and $2,000 if the consumer paid only the minimum periodic payment on each monthly or periodic statement and obtained no additional extensions of credit. ``(10) With respect to one billing cycle per calendar year, the creditor shall transmit to each consumer to whom the creditor is required to transmit a statement pursuant to subsection (b) for such billing cycle the following information: ``(A) the following statement: `The minimum payment amount shown on your billing statement is the smallest payment which you can make in order to keep the account in good standing. This payment option is offered as a convenience and you may make larger payments at any time. Making only the minimum payment each month will increase the amount of interest you pay and the length of time it takes to repay your outstanding balance.'; ``(B) if the plan provides that the consumer will be permitted to forgo making a minimum payment during a specified billing cycle, a statement, if applicable, that if the consumer chooses to forgo making the minimum payment, finance charges will continue to accrue; ``(C) an example, based on an annual percentage rate and method for determining minimum periodic payments recently in effect for that creditor, and a $500 outstanding balance, showing the estimated minimum periodic payment, and the estimated period of time it would take to repay the $500 outstanding balance if the consumer paid only the minimum periodic payment on each monthly or periodic statement and obtained no additional extensions of credit; and ``(D) a worksheet prescribed by the Board to assist the consumer in determining the consumer's household income and debt obligations.''. (b) Periodic Minimum Payment Disclosures.--Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following: ``(11) The following statement: `The minimum payment amount shown on your billing statement is the smallest payment which you can make in order to keep the account in good standing. This payment option is offered as a convenience and you may make larger payments at any time. Making only the minimum payment each month will increase the amount of interest you pay and the length of time it takes to repay your outstanding balance.'. ``(12) the required minimum payment amount represented as a dollar figure. ``(13) the date by which or the period within which the required minimum payment must be made.''. (c) Disclosures Related to Introductory Rates.--Section 127(c)(1)(A)(i) of the Truth in Lending Act (15 U.S.C. 1637(c)(1)(A)(i)) is amended by inserting the following at the end of subclause (III): ``(IV) Where the initial rate is temporary and will expire within a period of less than 1 year, and is lower than the rate that will apply after the temporary rate expires-- ``(A) the time period during which the initial rate will remain in effect; and ``(B) the annual percentage rate that will apply to the account after the temporary rate expires, or if that rate is a variable rate, the fact that the rate is variable, the rate at the time of mailing, and how the rate is determined. ``(V)(A) Subject to subclauses (C) and (D), where the initial rate may increase upon the occurrence of one or more specific events, the following information: ``(i) the initial rate and the increased rate that may apply; ``(ii) if the increased rate is a variable rate, the fact that the increased rate is variable, the rate at the time of mailing, and how the rate is determined; and ``(iii) the specific event or events that may result in imposing the increased rate. ``(B) At the creditor's option, the creditor may disclose the period for which the increased rate will remain in effect. ``(C) If the increased rate cannot be determined at the time disclosures are given, an explanation of the specific event or events that may result in an increased rate must be disclosed. ``(D) A creditor is not required to disclose an increased rate that is imposed when credit privileges are permanently terminated.''. (d) Internet-Based Credit Card Solicitations.--(1)--Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by inserting after paragraph (5) the following: ``(6)(A) Any application to open a credit card account for any person under an open-end consumer credit plan, and any solicitation to open such an account without requiring an application, that is made available through the Internet or an interactive computer service, shall disclose the following: ``(i) the information.-- ``(I) described in paragraph (1)(A) in the form required under section 122(c) of this chapter, subject to subsection (e); and ``(II) described in paragraph (1)(B) in a clear and conspicuous form, subject to subsections (e) and (f); ``(ii) a statement, in a conspicuous and prominent location on or with the application or solicitation, that-- ``(I) the information is accurate as of the date the application or solicitation was posted; ``(II) the information contained in the application or solicitation is subject to change after such date; ``(III) the applicant should contact the creditor for information on any change in the information presented on or with the application or solicitation since it was posted; ``(iii) a clear and conspicuous disclosure of the date the application or solicitation was posted and how frequently the information described in subclause (i) is updated; and ``(iv) a disclosure, in a conspicuous and prominent location on or with the application or solicitation, of a toll-free telephone number or e-mail address at which the applicant may contact the creditor to obtain any change in the information provided on or with the application or solicitation since it was posted. ``(B) The disclosures required under subparagraph (A) may be contained either: ``(i) on the webpage which contains the application or solicitation; or ``(ii) on a separate webpage which can be directly accessed using a hypertext link which is contained on the webpage which contains the application or solicitation. ``(C) Upon receipt of a request for any of the information referred to in subparagraph (A), the creditor or its agent shall promptly disclose any change in the information required to be disclosed under subparagraph (A). ``(D) For purposes of this paragraph (6)-- ``(i) the term `Internet' means the international computer network of both Federal and non-Federal interoperable packets switched data networks; and ``(ii) the term `interactive computer service' means any information service system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.''. (2) Section 122(c)(1) of the Truth in Lending Act (15 U.S.C. 1632(c)(1)) is amended by striking ``and (4)(C)(i)(I)'' and inserting ``, (4)(C)(i)(I) and (6)(A)(i)(I)''. (e) Enforcement.--Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(h) In promulgating regulations to implement the disclosure of an example required under subsection (a)(9)(C) and (a)(10), the Board shall set forth a model disclosure to accompany the example stating that the credit features shown are only an example which does not obligate the creditor, but is intended to illustrate the approximate length of time it could take to repay using the assumptions set forth in subsection (a)(9)(C) without regard to any other factors that could impact an approximate repayment period, including other credit features or the consumer's payment or other behavior with respect to the account. Compliance with the disclosures required under subsection (a)(9)(C) and (a)(10) shall be enforced exclusively by the Federal agencies set forth in section 108.''. (f) Regulatory Implementation.--The Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') shall promulgate regulations implementing the amendments made by subsections (a) and (b). Such regulations shall take effect no earlier than the end of the 36-month period beginning on the date of the enactment of this Act. (g) Study Required.--The Board shall conduct a study to determine whether consumers have adequate information about borrowing activities which may result in financial problems. In studying this issue, the Board shall consider the extent to which-- (1) consumers, in establishing new credit arrangements, are aware of their existing payment obligations, the need to consider those obligations in deciding to take on new credit, and how taking on excessive credit can result in financial difficulty; (2) minimum periodic payment features offered in connection with open-end credit plans impact consumer default rates; (3) consumers always make only the minimum payment throughout the life of the plan; (4) consumers are aware that making only minimum payments will increase the cost and repayment period of an open-end loan; and (5) the availability of low minimum payment options is a cause of consumers experiencing financial difficulty. (h) Report to Congress.--Before the end of the 2-year period beginning on the date of the enactment of this Act, the Board shall submit to Congress a report containing the findings of the Board in connection with the study required under subsection (g). (i) Regulations.--The Board shall, by regulation promulgated pursuant to its authority under the Truth in Lending Act, require additional disclosures to consumers regarding minimum payment features, including periodic statement disclosures, if the Board determines that such disclosures are necessary based on its findings. Any such regulations promulgated by the Board shall not take effect earlier than January 1, 2002. SEC. 113. PROTECTION OF SAVINGS EARMARKED FOR THE POSTSECONDARY EDUCATION OF CHILDREN. Section 522 of title 11, United States Code, is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (A) by striking ``and'' at the end; (B) in subparagraph (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) except as provided in paragraph (n), funds placed in an education individual retirement account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) not less than 365 days before the date of entry of the order of relief but only to the extent such funds-- ``(i) are not pledged or promised to any entity in connection with any extension of credit; and ``(ii) are not excess contributions (as described in section 4973(e) of the Internal Revenue Code of 1986).''; and (2) by adding at the end the following: ``(n) For purposes of subsection (b)(3)(C), funds placed in an education individual retirement account shall not be exempt under this subsection-- ``(1) unless the designated beneficiary of such account was a dependent child of the debtor for the taxable year for which the funds were placed in such account; and ``(2) to the extent such funds exceed-- ``(A) $50,000 in the aggregate in all such accounts having the same designated beneficiary; or ``(B) $100,000 in the aggregate in all such accounts attributable to all such dependent children of the debtor.''. SEC. 114. EFFECT OF DISCHARGE. Section 524 of title 11, United States Code, is amended by adding at the end the following: ``(i) The willful failure of a creditor to credit payments received under a plan confirmed under this title (including a plan of reorganization confirmed under chapter 11 of this title) in the manner required by the plan (including crediting the amounts required under the plan) shall constitute a violation of any injunction under subsection (a)(2) which has arisen at the time of the failure. ``(j)(1) An individual who is injured by the willful failure of a creditor to comply with the requirements for a reaffirmation agreement under subsections (c) and (d), or by any willful violation of the injunction under subsection (a)(2), shall be entitled to recover-- ``(A) the greater of-- ``(i) the amount of actual damages; or ``(ii) $1,000; and ``(B) costs and attorneys' fees. ``(2) An action to recover for a violation specified in paragraph (1) may not be brought as a class action.''. SEC. 115. LIMITING TRUSTEE LIABILITY. (a) Qualification of Trustee.--Section 322 of title 11, United States Code, is amended-- (1) in subsection (a) by adding at the end the following: ``The trustee in a case under this title is not liable personally or on such trustee's bond for acts taken within the scope of the trustee's duties or authority as delineated by other sections of this title or by order of the court, except to the extent that the trustee acted with gross negligence. Gross negligence shall be defined as reckless indifference or deliberate disregard of the trustee's fiduciary duty.''; and (2) in subsection (c) by inserting ``for any acts within the scope of the trustee's authority defined in subsection (a)'' before the period at the end. (b) Role and Capacity of Trustee.--Section 323 of title 11, United States Code, is amended-- (1) in subsection (b) by inserting at the end the following: ``in the trustee's official capacity as representative of the estate'' before the period at the end; and (2) by adding at the end the following: ``(c) The trustee in a case under this title may not be sued, either personally, in a representative capacity, or against the trustee's bond in favor of the United States-- ``(1) for acts taken in furtherance of the trustee's duties or authority in a case in which the debtor is subsequently determined to be ineligible for relief under the chapter in which the trustee was appointed; or ``(2) for the dissemination of statistics and other information regarding a case or cases, unless the trustee has actual knowledge that the information is false. ``(d) The trustee in a case under this title may not be sued in a personal capacity without leave of the bankruptcy court in which the case is pending.''. SEC. 116. REINFORCE THE FRESH START. (a) Restoration of an Effective Discharge.--Section 523(a)(17) of title 11, United States Code, is amended-- (1) by striking ``by a court'' and inserting ``by any court''; (2) by striking ``section 1915(b) or (f)'' and inserting ``subsection (b) or (f)(2) of section 1915''; and (3) by inserting ``(or a similar non-Federal law)'' after ``title 28'' each place it appears. SEC. 117. DISCOURAGING BAD FAITH REPEAT FILINGS. Section 362(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end; (2) in paragraph (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(3) If a single or joint case is filed by or against an individual debtor under chapter 7, 11, or 13 (other than a case refiled under a chapter other than chapter 7 after dismisssal under section 707(b) of this title), and if a single or joint case of the debtor was pending within the previous 1-year period but was dismissed, the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease will terminate with respect to the debtor on the 30th day after the filing of the later case. Upon motion by a party in interest for continuation of the automatic stay and upon notice and a hearing, the court may extend the stay in particular cases as to any or all creditors (subject to such conditions or limitations as the court may then impose) after notice and a hearing completed before the expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. A case is presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)-- ``(A) as to all creditors if-- ``(i) more than one previous case under any of chapter 7, 11, or 13 in which the individual was a debtor was pending within such 1-year period; ``(ii) a previous case under any of chapters 7, 11, or 13 in which the individual was a debtor was dismissed within such 1-year period, after the debtor failed to file or amend the petition or other documents as required by this title or the court without substantial excuse (but mere inadvertence or negligence shall not be substantial excuse unless the dismissal was caused by the negligence of the debtor's attorney), failed to provide adequate protection as ordered by the court, or failed to perform the terms of a plan confirmed by the court; or ``(iii) there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under any of chapters 7, 11, or 13 of this title, or there is not any other reason to conclude that the later case will be concluded, if a case under chapter 7 of this title, with a discharge, and if a chapter 11 or 13 case, a confirmed plan which will be fully performed; ``(B) as to any creditor that commenced an action under subsection (d) in a previous case in which the individual was a debtor if, as of the date of dismissal of such case, that action was still pending or had been resolved by terminating, conditioning, or limiting the stay as to actions of such creditor. ``(4) If a single or joint case is filed by or against an individual debtor under this title (other than a case refiled under a chapter other than chapter 7 after a dismissal under section 707(b) of this title), and if two or more single or joint cases of the debtor were pending within the previous year but were dismissed, the stay under subsection (a) will not go into effect upon the filing of the later case. On request of a party in interest, the court shall promptly enter an order confirming that no stay is in effect. If a party in interest requests within 30 days of the filing of the later case, the court may order the stay to take effect in the case as to any or all creditors (subject to such conditions or limitations as the court may impose), after notice and hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. A stay imposed pursuant to the preceding sentence will be effective on the date of entry of the order allowing the stay to go into effect. A case is presumptively not filed in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)-- ``(A) as to all creditors if-- ``(i) two or more previous cases under this title in which the individual was a debtor were pending within the 1-year period; ``(ii) a previous case under this title in which the individual was a debtor was dismissed within the time period stated in this paragraph after the debtor failed to file or amend the petition or other documents as required by this title or the court without substantial excuse (but mere inadvertence or negligence shall not be substantial excuse unless the dismissal was caused by the negligence of the debtor's attorney), failed to provide adequate protection as ordered by the court, or failed to perform the terms of a plan confirmed by the court; or ``(iii) there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under this title, or there is not any other reason to conclude that the later case will be concluded, if a case under chapter 7, with a discharge, and if a case under chapter 11 or 13, with a confirmed plan that will be fully performed; or ``(B) as to any creditor that commenced an action under subsection (d) in a previous case in which the individual was a debtor if, as of the date of dismissal of such case, such action was still pending or had been resolved by terminating, conditioning, or limiting the stay as to action of such creditor.''. SEC. 118. CURBING ABUSIVE FILINGS. (a) In General.--Section 362(d) of title 11, United States Code, is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4) with respect to a stay of an act against real property under subsection (a), by a creditor whose claim is secured by an interest in such real estate, if the court finds that the filing of the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors that involved either-- ``(A) transfer of all or part ownership of, or other interest in, the real property without the consent of the secured creditor or court approval; or ``(B) multiple bankruptcy filings affecting the real property. If recorded in compliance with applicable State laws governing notices of interests or liens in real property, an order entered pursuant to this subsection shall be binding in any other case under this title purporting to affect the real property filed not later than 2 years after that recording, except that a debtor in a subsequent case may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. Any Federal, State, or local governmental unit which accepts notices of interests or liens in real property shall accept any certified copy of an order described in this subsection for indexing and recording.''. (b) Automatic Stay.--Section 362(b) of title 11, United States Code, is amended-- (1) in paragraph (17), by striking ``or'' at the end; (2) in paragraph (18) by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (18) the following: ``(19) under subsection (a), of any act to enforce any lien against or security interest in real property following the entry of an order under section 362(d)(4) of this title as to that property in any prior bankruptcy case for a period of 2 years after entry of such an order. The debtor in a subsequent case, however, may move the court for relief from such order based upon changed circumstances or for other good cause shown (consistent with the standards for good faith in subsection (c)), after notice and a hearing; or ``(20) under subsection (a), of any act to enforce any lien against or security interest in real property-- ``(A) if the debtor is ineligible under section 109(g) of this title to be a debtor in a bankruptcy case; or ``(B) if the bankruptcy case was filed in violation of a bankruptcy court order in a prior bankruptcy case prohibiting the debtor from being a debtor in another bankruptcy case.''. SEC. 119. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY. Title 11, United States Code, is amended-- (1) in section 521-- (A) in paragraph (4) by striking ``, and'' at the end and inserting a semicolon; (B) in paragraph (5) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) in an individual case under chapter 7 of this title, not retain possession of personal property as to which a creditor has an allowed claim for the purchase price secured in whole or in part by an interest in that personal property unless, in the case of an individual debtor, the debtor takes one of the following actions within 45 days after the first meeting of creditors under section 341(a)-- ``(A) enters into an agreement with the creditor pursuant to section 524(c) of this title with respect to the claim secured by such property; or ``(B) redeems such property from the security interest pursuant to section 722 of this title. ``If the debtor fails to so act within the 45-day period, the stay under section 362(a) of this title is terminated with respect to the personal property of the estate or of the debtor which is affected, such property shall no longer be property of the estate, and the creditor may take whatever action as to such property as is permitted by applicable nonbankruptcy law, unless the court determines on the motion of the trustee brought before the expiration of such 45-day period, and after notice and a hearing, that such property is of consequential value or benefit to the estate, orders appropriate adequate protection of the creditor's interest, and orders the debtor to deliver any collateral in the debtor's possession to the trustee.''; and (2) in section 722 by inserting ``in full at the time of redemption'' before the period at the end. SEC. 120. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES NOT COMPLETE INTENDED SURRENDER OF CONSUMER DEBT COLLATERAL. Title 11, United States Code, is amended as follows-- (1) in section 362-- (A) by striking ``(e), and (f)'' in subsection (c) and inserting in lieu thereof ``(e), (f), and (h)''; and (B) by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following: ``(h) In an individual case pursuant to chapter 7, 11, or 13 the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2) of this title-- ``(1) to file timely any statement of intention required under section 521(a)(2) of this title with respect to that property or to indicate therein that the debtor will either surrender the property or retain it and, if retaining it, either redeem the property pursuant to section 722 of this title, reaffirm the debt it secures pursuant to section 524(c) of this title, or assume the unexpired lease pursuant to section 365(p) of this title if the trustee does not do so, as applicable; or ``(2) to take timely the action specified in that statement of intention, as it may be amended before expiration of the period for taking action, unless the statement of intention specifies reaffirmation and the creditor refuses to reaffirm on the original contract terms; unless the court determines on the motion of the trustee filed before the expiration of the applicable time set by section 521(a)(2), and after notice and a hearing, that such property is of consequential value or benefit to the estate, orders appropriate adequate protection of the creditor's interest, and orders the debtor to deliver any collateral in the debtor's possession to the trustee. If the court does not so determine an order, the stay shall terminate upon the conclusion of the proceeding on the motion.''; and (2) in section 521, as amended by sections 603 and 604-- (A) in paragraph (2) by striking ``consumer''; (B) in paragraph (2)(B)-- (i) by striking ``forty-five days after the filing of a notice of intent under this section'' and inserting ``30 days after the first date set for the meeting of creditors under section 341(a) of this title''; and (ii) by striking ``forty-five day'' the second place it appears and inserting ``30- day''; (C) in paragraph (2)(C) by inserting ``except as provided in section 362(h) of this title'' before the semicolon; and (D) by inserting after subsection (b) the following: ``(c) If the debtor fails timely to take the action specified in subsection (a)(6) of this section, or in paragraphs (1) and (2) of section 362(h) of this title, with respect to property which a lessor or bailor owns and has leased, rented, or bailed to the debtor or as to which a creditor holds a security interest not otherwise voidable under section 522(f), 544, 545, 547, 548, or 549 of this title, nothing in this title shall prevent or limit the operation of a provision in the underlying lease or agreement which has the effect of placing the debtor in default under such lease or agreement by reason of the occurrence, pendency, or existence of a proceeding under this title or the insolvency of the debtor. Nothing in this subsection shall be deemed to justify limiting such a provision in any other circumstance.''. SEC. 121. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 13. Section 1325(a)(5)(B)(i) of title 11, United States Code, is amended to read as follows: ``(i) the plan provides that the holder of such claim retain the lien securing such claim until the earlier of payment of the underlying debt determined under nonbankruptcy law or discharge under section 1328 of this title, and that if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the extent recognized by applicable nonbankruptcy law; and''. SEC. 122. RESTRAINING ABUSIVE PURCHASES ON SECURED CREDIT. Section 506 of title 11, United States Code, is amended by adding at the end the following: ``(e) In an individual case under chapter 7, 11, 12, or 13-- ``(1) subsection (a) shall not apply to an allowed claim to the extent attributable in whole or in part to the purchase price of personal property acquired by the debtor within 5 years of the filing of the petition, except for the purpose of applying paragraph (3) of this subsection; ``(2) if such allowed claim attributable to the purchase price is secured only by the personal property so acquired, the value of the personal property and the amount of the allowed secured claim shall be the sum of the unpaid principal balance of the purchase price and accrued and unpaid interest and charges at the contract rate; ``(3) if such allowed claim attributable to the purchase price is secured by the personal property so acquired and other property, the value of the security may be determined under subsection (a), but the value of the security and the amount of the allowed secured claim shall be not less than the unpaid principal balance of the purchase price of the personal property acquired and unpaid interest and charges at the contract rate; and ``(4) in any subsequent case under this title that is filed by or against the debtor in the 2-year period beginning on the date the petition is filed in the original case, the value of the personal property and the amount of the allowed secured claim shall be deemed to be not less than the amount provided under paragraphs (2) and (3) less any payments actually received.''. SEC. 123. FAIR VALUATION OF COLLATERAL. Section 506(a) of title 11, United States Code, is amended by adding at the end the following: ``In the case of an individual debtor under chapters 7 and 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of filing the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purpose, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined.''. SEC. 124. DOMICILIARY REQUIREMENTS FOR EXEMPTIONS. Section 522(b)(2)(A) of title 11, United States Code, is amended-- (1) by striking ``180'' and inserting ``730''; and (2) by striking ``, or for a longer portion of such 180-day period than in any other place'' and inserting ``or if the debtor's domicile has not been located at a single State for such 730-day period, the place in which the debtor's domicile was located for 180 days immediately preceding the 730-day period or for a longer portion of such 180-day period than in any other place''. SEC. 125. RESTRICTIONS ON CERTAIN EXEMPT PROPERTY OBTAINED THROUGH FRAUD. Section 522 of title 11, United States Code, as amended by section 113, is amended-- (1) in subsection (b)(2)(A) by inserting ``subject to subsection (o),'' before ``any property''; and (2) by adding at the end the following: ``(o) For purposes of subsection (b)(3)(A) and notwithstanding subsection (a), the value of an interest in-- ``(1) real or personal property that the debtor or a dependent of the debtor uses as a residence; ``(2) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or ``(3) a burial plot for the debtor or a dependent of the debtor, shall be reduced to the extent such value is attributable to any portion of any property that the debtor disposed of in the 730-day period ending of the date of the filing of the petition, with the intent to hinder, delay, or defraud a creditor and that the debtor could not exempt, or that portion that the debtor could not exempt, under subsection (b) if on such date the debtor had held the property so disposed of.''. SEC. 126. ROLLING STOCK EQUIPMENT. (a) In General.--Section 1168 of title 11, United States Code, is amended to read as follows: ``Sec. 1168. Rolling stock equipment ``(a)(1) The right of a secured party with a security interest in or of a lessor or conditional vendor of equipment described in paragraph (2) to take possession of such equipment in compliance with an equipment security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court, except that the right to take possession and enforce those other rights and remedies shall be subject to section 362 of this title, if-- ``(A) before the date that is 60 days after the date of commencement of a case under this chapter, the trustee, subject to the court's approval, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and ``(B) any default, other than a default of a kind described in section 365(b)(2) of this title, under such security agreement, lease, or conditional sale contract-- ``(i) that occurs before the date of commencement of the case and is an event of default therewith is cured before the expiration of such 60-day period; ``(ii) that occurs or becomes an event of default after the date of commencement of the case and before the expiration of such 60-day period is cured before the later of-- ``(I) the date that is 30 days after the date of the default or event of the default; or ``(II) the expiration of such 60-day period; and ``(iii) that occurs on or after the expiration of such 60-day period is cured in accordance with the terms of such security agreement, lease, or conditional sale contract, if cure is permitted under that agreement, lease, or conditional sale contract. ``(2) The equipment described in this paragraph-- ``(A) is rolling stock equipment or accessories used on rolling stock equipment, including superstructures or racks, that is subject to a security interest granted by, leased to, or conditionally sold to a debtor; and ``(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, that is to be surrendered or returned by the debtor in connection with the surrender or return of such equipment. ``(3) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party. ``(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the court's approval, to extend the 60-day period specified in subsection (a)(1). ``(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(2), if at any time after the date of commencement of the case under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession of the trustee. ``(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(2), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected. ``(d) With respect to equipment first placed in service on or prior to October 22, 1994, for purposes of this section-- ``(1) the term `lease' includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and ``(2) the term `security interest' means a purchase-money equipment security interest. ``(e) With respect to equipment first placed in service after October 22, 1994, for purposes of this section, the term `rolling stock equipment' includes rolling stock equipment that is substantially rebuilt and accessories used on such equipment.''. (b) Aircraft Equipment and Vessels.--Section 1110 of title 11, United States Code, is amended to read as follows: ``Sec. 1110. Aircraft equipment and vessels ``(a)(1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in equipment described in paragraph (3), or of a lessor or conditional vendor of such equipment, to take possession of such equipment in compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court. ``(2) The right to take possession and to enforce the other rights and remedies described in paragraph (1) shall be subject to section 362 of this title if-- ``(A) before the date that is 60 days after the date of the order for relief under this chapter, the trustee, subject to the approval of the court, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and ``(B) any default, other than a default of a kind specified in section 365(b)(2) of this title, under such security agreement, lease, or conditional sale contract-- ``(i) that occurs before the date of the order is cured before the expiration of such 60-day period; ``(ii) that occurs after the date of the order and before the expiration of such 60-day period is cured before the later of-- ``(I) the date that is 30 days after the date of the default; or ``(II) the expiration of such 60-day period; and ``(iii) that occurs on or after the expiration of such 60-day period is cured in compliance with the terms of such security agreement, lease, or conditional sale contract, if a cure is permitted under that agreement, lease, or contract. ``(3) The equipment described in this paragraph-- ``(A) is-- ``(i) an aircraft, aircraft engine, propeller, appliance, or spare part (as defined in section 40102 of title 49) that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that, at the time such transaction is entered into, holds an air carrier operating certificate issued pursuant to chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 pounds or more of cargo; or ``(ii) a documented vessel (as defined in section 30101(1) of title 46) that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that is a water carrier that, at the time such transaction is entered into, holds a certificate of public convenience and necessity or permit issued by the Department of Transportation; and ``(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, to be surrendered or returned by the debtor in connection with the surrender or return of such equipment. ``(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party. ``(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the approval of the court, to extend the 60-day period specified in subsection (a)(1). ``(c)(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(3), if at any time after the date of the order for relief under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession to the trustee. ``(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(3), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected. ``(d) With respect to equipment first placed in service on or before October 22, 1994, for purposes of this section-- ``(1) the term `lease' includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and ``(2) the term `security interest' means a purchase-money equipment security interest.''. SEC. 127. DISCHARGE UNDER CHAPTER 13. Section 1328(a) of title 11, United States Code, is amended by striking paragraphs (1) through (3) and inserting the following: ``(1) provided for under section 1322(b)(5) of this title; ``(2) of the kind specified in paragraph (2), (4), (3)(B), (5), (8), or (9) of section 523(a) of this title; ``(3) for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime; or ``(4) for restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.''. SEC. 128. BANKRUPTCY JUDGESHIPS. (a) Short Title.--This section may be cited as the ``Bankruptcy Judgeship Act of 1999''. (b) Temporary Judgeships.-- (1) Appointments.--The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judgeship for the eastern district of California. (B) Four additional bankruptcy judgeships for the central district of California. (C) One additional bankruptcy judgeship for the southern district of Florida. (D) Two additional bankruptcy judgeships for the district of Maryland. (E) One additional bankruptcy judgeship for the eastern district of Michigan. (F) One additional bankruptcy judgeship for the southern district of Mississippi. (G) One additional bankruptcy judgeship for the district of New Jersey. (H) One additional bankruptcy judgeship for the eastern district of New York. (I) One additional bankruptcy judgeship for the northern district of New York. (J) One additional bankruptcy judgeship for the southern district of New York. (K) One additional bankruptcy judgeship for the eastern district of Pennsylvania. (L) One additional bankruptcy judgeship for the middle district of Pennsylvania. (M) One additional bankruptcy judgeship for the western district of Tennessee. (N) One additional bankruptcy judgeship for the eastern district of Virginia. (2) Vacancies.--The first vacancy occurring in the office of a bankruptcy judge in each of the judicial districts set forth in paragraph (1) that-- (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; and (B) occurs 5 years or more after the appointment date of a bankruptcy judge appointed under paragraph (1), shall not be filled. (c) Extensions.-- (1) In general.--The temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, the district of South Carolina, and the eastern district of Tennessee under section 3(a)(1), (3), (7), (8), and (9) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring-- (A) 8 years or more after November 8, 1993, with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with respect to the district of South Carolina; and (E) 8 years or more after November 23, 1993, with respect to the eastern district of Tennessee. (2) Applicability of other provisions.--All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 remain applicable to such temporary judgeship position. (d) Technical Amendment.--The first sentence of section 152(a)(1) of title 28, United States Code, is amended to read as follows: ``Each bankruptcy judge to be appointed for a judicial district as provided in paragraph (2) shall be appointed by the United States court of appeals for the circuit in which such district is located.''. (e) Travel Expenses of Bankruptcy Judges.--Section 156 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(g)(1) In this subsection, the term `travel expenses'-- ``(A) means the expenses incurred by a bankruptcy judge for travel that is not directly related to any case assigned to such bankruptcy judge; and ``(B) shall not include the travel expenses of a bankruptcy judge if-- ``(i) the payment for the travel expenses is paid by such bankruptcy judge from the personal funds of such bankruptcy judge; and ``(ii) such bankruptcy judge does not receive funds (including reimbursement) from the United States or any other person or entity for the payment of such travel expenses. ``(2) Each bankruptcy judge shall annually submit the information required under paragraph (3) to the chief bankruptcy judge for the district in which the bankruptcy judge is assigned. ``(3)(A) Each chief bankruptcy judge shall submit an annual report to the Director of the Administrative Office of the United States Courts on the travel expenses of each bankruptcy judge assigned to the applicable district (including the travel expenses of the chief bankruptcy judge of such district). ``(B) The annual report under this paragraph shall include-- ``(i) the travel expenses of each bankruptcy judge, with the name of the bankruptcy judge to whom the travel expenses apply; ``(ii) a description of the subject matter and purpose of the travel relating to each travel expense identified under clause (i), with the name of the bankruptcy judge to whom the travel applies; and ``(iii) the number of days of each travel described under clause (ii), with the name of the bankruptcy judge to whom the travel applies. ``(4)(A) The Director of the Administrative Office of the United States Courts shall-- ``(i) consolidate the reports submitted under paragraph (3) into a single report; and ``(ii) annually submit such consolidated report to Congress. ``(B) The consolidated report submitted under this paragraph shall include the specific information required under paragraph (3)(B), including the name of each bankruptcy judge with respect to clauses (i), (ii), and (iii) of paragraph (3)(B).''. SEC. 129. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED STATES CODE. Section 507(a) of title 11, United States Code, is amended by inserting after paragraph (9) the following: ``(10) Tenth, allowed claims for death or personal injuries resulting from the operation of a motor vehicle or vessel if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug or another substance.''. SEC. 130. AMENDMENT TO SECTION 1325 OF TITLE 11, UNITED STATES CODE. Section 1325(b) of title 11, United States Code, is amended-- (1) in paragraph (1), by inserting ``to unsecured creditors'' after ``to make payments''; (2) in paragraph (2)-- (A) by inserting ``current monthly'' before ``income''; (B) by striking ``and which is not'' and inserting ``less amounts''; (C) by inserting after ``received by the debtor'', ``(other than child support payments, foster care payments, or disability payments for a dependent child made in accordance with applicable nonbankruptcy law and which is reasonably necessary to be expended)''; and (D) in subparagraph (A) by inserting after ``dependent of the debtor'' the following: ``, as determined in accordance with section 707(b)(2)(A) and if applicable 707(b)(2)(B)''. SEC. 131. APPLICATION OF THE CODEBTOR STAY ONLY WHEN THE STAY PROTECTS THE DEBTOR. Section 1301(b) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following: ``(2)(A) Notwithstanding subsection (c) and except as provided in subparagraph (B), in any case in which the debtor did not receive the consideration for the claim held by a creditor, the stay provided by subsection (a) shall apply to that creditor for a period not to exceed 30 days beginning on the date of the order for relief, to the extent the creditor proceeds against-- ``(i) the individual that received that consideration; or ``(ii) property not in the possession of the debtor that secures that claim. ``(B) Notwithstanding subparagraph (A), the stay provided by subsection (a) shall apply in any case in which the debtor is primarily obligated to pay the creditor in whole or in part with respect to a claim described in subparagraph (A) under a legally binding separation or property settlement agreement or divorce or dissolution decree with respect to-- ``(i) an individual described in subparagraph (A)(i); or ``(ii) property described in subparagraph (A)(ii). ``(3) Notwithstanding subsection (c), the stay provided by subsection (a) shall terminate as of the date of confirmation of the plan, in any case in which the plan of the debtor provides that the debtor's interest in personal property subject to a lease with respect to which the debtor is the lessee will be surrendered or abandoned or no payments will be made under the plan on account of the debtor's obligations under the lease.''. SEC. 132. ADEQUATE PROTECTION FOR INVESTORS. (a) Definition.--Section 101 of title 11, United States Code, is amended by inserting after paragraph (48) the following: ``(48A) `securities self regulatory organization' means either a securities association registered with the Securities and Exchange Commission pursuant to section 15A of the Securities Exchange Act of 1934 or a national securities exchange registered with the Securities and Exchange Commission pursuant to section 6 of the Securities Exchange Act of 1934;''. (b) Automatic Stay.--Section 362(b) of title 11, United States Code, as amended by section 118, is amended-- (1) in paragraph (19) by striking ``or'' at the end; (2) in paragraph (20) by striking the period at the end and a inserting ``; or''; and (3) by inserting after paragraph (20) the following: ``(21) under subsection (a), of the commencement or continuation of an investigation or action by a securities self regulatory organization to enforce such organization's regulatory power; of the enforcement of an order or decision, other than for monetary sanctions, obtained in an action by the securities self regulatory organization to enforce such organization's regulatory power; or of any act taken by the securities self regulatory organization to delist, delete, or refuse to permit quotation of any stock that does not meet applicable regulatory requirements.''. SEC. 133. LIMITATION ON LUXURY GOODS. Section 523(a)(2)(C) of title 11, United States Code, is amended to read as follows: ``(C)(i) for purposes of subparagraph (A), consumer debts owed to a single creditor and aggregating more than $250 for `luxury goods or services' incurred by an individual debtor on or within 90 days before the order for relief under this title, or cash advances aggregating more than $250 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 90 days before the order for relief under this title, are presumed to be nondischargeable; and ``(ii) for purposes of this subparagraph-- ``(I) the term `luxury goods or services' does not include goods or services reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor; and ``(II) the term `an extension of consumer credit under an open end credit plan' has the same meaning such term has for purposes of the Consumer Credit Protection Act;''. SEC. 134. ALLOWING THE DEBTOR TO RETAIN LEASED PERSONAL PROPERTY BY ASSUMPTION. Section 365 of title 11, United States Code, is amended by adding at the end the following: ``(p)(1) If a lease of personal property is rejected or not timely assumed by the trustee under subsection (d), the leased property is no longer property of the estate and the stay under section 362(a) of this title is automatically terminated. ``(2) In the case of an individual under chapter 7, the debtor may notify the creditor in writing that the debtor desires to assume the lease. Upon being so notified, the creditor may, at its option, notify the debtor that it is willing to have the lease assumed by the debtor and may, at its option, condition such assumption on cure of any outstanding default on terms set by the contract. If within 30 days of the notice from the creditor the debtor notifies the lessor in writing that the lease is assumed, the liability under the lease will be assumed by the debtor and not by the estate. The stay under section 362 of this title and the injunction under section 524(a) of this title shall not be violated by notification of the debtor and negotiation of cure under this subsection. Nothing in this paragraph shall require a debtor to assume a lease, or a creditor to permit assumption. ``(3) In a case under chapter 11 of this title in which the debtor is an individual and in a case under chapter 13 of this title, if the debtor is the lessee with respect to personal property and the lease is not assumed in the plan confirmed by the court, the lease is deemed rejected as of the conclusion of the hearing on confirmation. If the lease is rejected, the stay under section 362 of this title and any stay under section 1301 is automatically terminated with respect to the property subject to the lease.''. SEC. 135. ADEQUATE PROTECTION OF LESSORS AND PURCHASE MONEY SECURED CREDITORS. (a) In General.--Chapter 13 of title 11, United States Code, is amended by adding after section 1307 the following: ``Sec. 1307A. Adequate protection in chapter 13 cases ``(a)(1)(A) On or before the date that is 30 days after the filing of a case under this chapter, the debtor shall make cash payments in an amount determined under paragraph (2), to-- ``(i) any lessor of personal property; and ``(ii) any creditor holding a claim secured by personal property to the extent that the claim is attributable to the purchase of that property by the debtor. ``(B) The debtor or the plan shall continue making the adequate protection payments required under subparagraph (A) until the earlier of the date on which-- ``(i) the creditor begins to receive actual payments under the plan; or ``(ii) the debtor relinquishes possession of the property referred to in subparagraph (A) to-- ``(I) the lessor or creditor; or ``(II) any third party acting under claim of right, as applicable. ``(2) The payments referred to in paragraph (1)(A) shall be the contract amount and shall reduce any amount payable under section 1326(a) of the title. ``(b)(1) Subject to the limitations under paragraph (2), the court may, after notice and hearing, change the amount and timing of the dates of payment of payments made under subsection (a). ``(2)(A) The payments referred to in paragraph (1) shall be payable not less frequently than monthly. ``(B) The amount of payments referred to in paragraph (1) shall not be less than the amount of any weekly, biweekly, monthly, or other periodic payment scheduled as payable under the contract between the debtor and creditor. ``(c) Notwithstanding section 1326(b), the payments referred to in subsection (a)(1)(A) shall be continued in addition to plan payments under a confirmed plan until actual payments to the creditor begin under that plan, if the confirmed plan provides-- ``(1) for payments to a creditor or lessor described in subsection (a)(1); and ``(2) for the deferral of payments to such creditor or lessor under the plan until the payment of amounts described in section 1326(b). ``(d) Notwithstanding sections 362, 542, and 543, a lessor or creditor described in subsection (a) may retain possession of property described in that subsection that was obtained in accordance with applicable law before the date of filing of the petition until the first payment under subsection (a)(1)(A) is received by the lessor or creditor. ``(e) On or before 60 days after the filling of a case under this chapter, a debtor retaining possession of personal property subject to a lease or securing a claim attributable in whole or in part to the purchase price of such property shall provide each creditor or lessor reasonable evidence of the maintenance of any required insurance coverage with respect to the use or ownership of such property and continue to do so for so long as the debtor retains possession of such property.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 11, United States Code, is amended by inserting after the item relating to section 1307 the following: ``1307A. Adequate protection in chapter 13 cases.''. SEC. 136. AUTOMATIC STAY. Section 362(b) of title 11, United States Code, as amended by sections 118 and 132, is amended-- (1) in paragraph (20), by striking ``or'' at the end; (2) in paragraph (21), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (21) the following: ``(22) under subsection (a) of any transfer that is not avoidable under section 544 of this title and that is not avoidable under section 549 of this title; ``(23) under subsection (a)(3), of the continuation of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which the debtor resides as a tenant under a rental agreement and the debtor has not paid rent to the lessor pursuant to the terms of the lease agreement or applicable State law after the commencement and during the course of the case; ``(24) under subsection (a)(3), of the commencement or continuation of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which the debtor resides as a tenant under a rental agreement that has terminated pursuant to the lease agreement or applicable State law; ``(25) under subsection (a)(3), of any eviction, unlawful detainer action, or similar proceeding, if the debtor has previously filed within the last year and failed to pay post- petition rent during the course of that case; or ``(26) under subsection (a)(3), of eviction actions based on endangerment to property or person or the use of illegal drugs.''. SEC. 137. EXTEND PERIOD BETWEEN BANKRUPTCY DISCHARGES. Title 11, United States Code, is amended-- (1) in section 727(a)(8) by striking ``six'' and inserting ``8''; and (2) in section 1328 by adding at the end the following: ``(f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for by the plan or disallowed under section 502 of this title if the debtor has received a discharge in any case filed under this title within 5 years of the order for relief under this chapter.''. SEC. 138. DEFINITION OF DOMESTIC SUPPORT OBLIGATION. Section 101 of title 11, United States Code, is amended-- (1) by striking paragraph (12A); and (2) by inserting after paragraph (14) the following: ``(14A) `domestic support obligation' means a debt that accrues before or after the entry of an order for relief under this title that is-- ``(A) owed to or recoverable by-- ``(i) a spouse, former spouse, or child of the debtor or that child's legal guardian; or ``(ii) a governmental unit; ``(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child, without regard to whether such debt is expressly so designated; ``(C) established or subject to establishment before or after entry of an order for relief under this title, by reason of applicable provisions of-- ``(i) a separation agreement, divorce decree, or property settlement agreement; ``(ii) an order of a court of record; or ``(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and ``(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child, or parent solely for the purpose of collecting the debt.''. SEC. 139. PRIORITIES FOR CLAIMS FOR DOMESTIC SUPPORT OBLIGATIONS. Section 507(a) of title 11, United States Code, is amended-- (1) by striking paragraph (7); (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (3) in paragraph (2), as redesignated, by striking ``First'' and inserting ``Second''; (4) in paragraph (3), as redesignated, by striking ``Second'' and inserting ``Third''; (5) in paragraph (4), as redesignated, by striking ``Third'' and inserting ``Fourth''; (6) in paragraph (5), as redesignated, by striking ``Fourth'' and inserting ``Fifth''; (7) in paragraph (6), as redesignated, by striking ``Fifth'' and inserting ``Sixth''; (8) in paragraph (7), as redesignated, by striking ``Sixth'' and inserting ``Seventh''; and (9) by inserting before paragraph (2), as redesignated, the following: ``(1) First, allowed claims for domestic support obligations to be paid in the following order on the condition that funds received under this paragraph by a governmental unit in a case under this title be applied: ``(A) Claims that, as of the date of entry of the order for relief, are owed directly to a spouse, former spouse, or child of the debtor, or the parent of such child, without regard to whether the claim is filed by the spouse, former spouse, child, or parent, or is filed by a governmental unit on behalf of that person. ``(B) Claims that, as of the date of entry of the order for relief, are assigned by a spouse, former spouse, child of the debtor, or the parent of that child to a governmental unit or are owed directly to a governmental unit under applicable nonbankruptcy law.''. SEC. 140. REQUIREMENTS TO OBTAIN CONFIRMATION AND DISCHARGE IN CASES INVOLVING DOMESTIC SUPPORT OBLIGATIONS. Title 11, United States Code, is amended-- (1) in section 1129(a), by adding at the end the following: ``(14) If the debtor is required by a judicial or administrative order or statute to pay a domestic support obligation, the debtor has paid all amounts payable under such order or statute for such obligation that become payable after the date on which the petition is filed.''; (2) in section 1325(a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) if the debtor is required by a judicial or administrative order or statute to pay a domestic support obligation, the debtor has paid all amounts payable under such order for such obligation that become payable after the date on which the petition is filed.''; and (3) in section 1328(a), as amended by section 127, in the matter preceding paragraph (1), by inserting ``, and with respect to a debtor who is required by a judicial or administrative order to pay a domestic support obligation, certifies that all amounts payable under such order or statute that are due on or before the date of the certification (including amounts due before or after the petition was filed) have been paid'' after ``completion by the debtor of all payments under the plan''. SEC. 141. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC SUPPORT OBLIGATION PROCEEDINGS. Section 362(b) of title 11, United States Code, as amended by sections 118, 132, and 136, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) under subsection (a)-- ``(A) of the commencement or continuation of an action or proceeding for-- ``(i) the establishment of paternity; or ``(ii) the establishment or modification of an order for domestic support obligations; or ``(B) the collection of a domestic support obligation from property that is not property of the estate;''; (2) in paragraph (25), by striking ``or'' at the end; (3) in paragraph (26), by striking the period at the end and inserting a semicolon; and (4) by inserting after paragraph (26) the following: ``(27) under subsection (a) with respect to the withholding of income pursuant to an order as specified in section 466(b) of the Social Security Act (42 U.S.C. 666(b)); or ``(28) under subsection (a) with respect to-- ``(A) the withholding, suspension, or restriction of drivers' licenses, professional and occupational licenses, and recreational licenses pursuant to State law, as specified in section 466(a)(16) of the Social Security Act (42 U.S.C. 666(a)(16)) or with respect to the reporting of overdue support owed by an absent parent to any consumer reporting agency as specified in section 466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7)); ``(B) the interception of tax refunds, as specified in sections 464 and 466(a)(3) of the Social Security Act (42 U.S.C. 664 and 666(a)(3)); or ``(C) the enforcement of medical obligations as specified under title IV of the Social Security Act (42 U.S.C. 601 et seq.).''. SEC. 142. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR ALIMONY, MAINTENANCE, AND SUPPORT. Section 523 of title 11, United States Code, is amended-- (1) in subsection (a), by striking paragraph (5) and inserting the following: ``(5) for a domestic support obligation;''; (2) in subsection (a)(15)-- (A) by inserting ``or'' after ``court of record,''; and (B) by striking ``unless--'' and all that follows through ``debtor'' the last place it appears; and (3) in subsection (c), by striking ``(6), or (15)'' each place it appears and inserting ``or (6)''. SEC. 143. CONTINUED LIABILITY OF PROPERTY. Section 522 of title 11, United States Code, is amended-- (1) in subsection (c), by striking paragraph (1) and inserting the following: ``(1) a debt of a kind specified in paragraph (1) or (5) of section 523(a) (in which case, notwithstanding any provision of applicable nonbankruptcy law to the contrary, such property shall be liable for a debt of a kind specified in section 523(a)(5);''; and (2) in subsection (f)(1)(A), by striking the dash and all that follows through the end of the subparagraph and inserting ``of a kind that is specified in section 523(a)(5); or''. SEC. 144. PROTECTION OF DOMESTIC SUPPORT CLAIMS AGAINST PREFERENTIAL TRANSFER MOTIONS. Section 547(c)(7) of title 11, United States Code, is amended to read as follows: ``(7) to the extent such transfer was a bona fide payment of a debt for a domestic support obligation; or''. SEC. 145. CLARIFICATION OF MEANING OF HOUSEHOLD GOODS. Section 101 of title 11, United States Code, is amended by inserting after paragraph (27) the following: ``(27A) `household goods' includes tangible personal property normally found in or around a residence, but does not include motorized vehicles used for transportation purposes;''. SEC. 146. NONDISCHARGEABLE DEBTS. Section 523(a) of title 11, United States Code, is amended by inserting after paragraph (14) the following: ``(14A) incurred to pay a debt that is nondischargeable by reason of section 727, 1141, 1228(a), 1228(b), or 1328(c), or any other provision of this subsection, if the debtor incurred the debt to pay such a nondischargeable debt with the intent to discharge in bankruptcy the newly-created debt, except that all debts incurred to pay nondischargeable debts, without regard to intent, are nondischargeable if incurred within 90 days of the filing of the petition;''. SEC. 147. MONETARY LIMITATION ON CERTAIN EXEMPT PROPERTY. (a) Amendment.--Section 522 of title 11, United States Code, as amended by section 125, is amended-- (1) in subsection (b)(2)(A) by striking ``subsection (o)'' and inserting ``subsections (o) and (p)'' before ``any property''; and (2) by adding at the end the following: ``(p)(1) Except as provided in paragraphs (2) and (3), as a result of electing under subsection (b)(3)(A) to exempt property under State or local law, a debtor may not exempt any interest that exceeds $250,000 in value, in the aggregate, in-- ``(A) real or personal property that the debtor or a dependent of the debtor uses as a residence; ``(B) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or ``(C) a burial plot for the debtor or a dependent of the debtor. ``(2) The limitation under paragraph (1) shall not apply to an exemption claimed under subsection (b)(3)(A) by a family farmer for the principal residence of that farmer. ``(3) Paragraph (1) shall not apply to debtors if applicable State law provides by statute that such paragraph shall not apply to debtors.''. (b) Application of Amendment to Individual States.--(1) Section 522(p) of title 11, United States Code, as added by subsection (a), shall not apply with respect to a State before the end of the first regular session of the State legislature following the date of the enactment of this Act. (2) For purposes of paragraph (1), the term ``State'' has the meaning given such term in section 101 of title 11, United States Code. SEC. 148. BANKRUPTCY FEES. Section 1930 of title 28, United States Code, is amended-- (1) in subsection (a) by striking ``Notwithstanding section 1915 of this title, the'' and inserting ``The''; and (2) by adding at the end the following: ``(f)(1) Pursuant to procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual debtor who is unable to pay such fee in installments. For purposes of this paragraph, the term `filing fee' means the filing fee required by subsection (a), or any other fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk upon the commencement of a case under chapter 7 of title 11, United States Code. ``(2) The district court or the bankruptcy court may also waive for such debtors other fees prescribed pursuant to subsections (b) and (c). ``(3) This subsection does not restrict the district court or the bankruptcy court from waiving, in accordance with Judicial Conference policy, fees prescribed pursuant to such subsections for other debtors and creditors.''. SEC. 149. COLLECTION OF CHILD SUPPORT. (a) Duties of Trustee Under Chapter 7.--Section 704 of title 11, United States Code, as amended by section 102, is amended-- (1) by inserting ``(a)'' before ``The trustee''; (2) in paragraph (9) by striking ``and'' at the end; (3) in paragraph (10) by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(11) if, with respect to an individual debtor, there is a claim for support of a child of the debtor or a custodial parent of such child entitled to receive priority under section 507(a)(1) of this title, provide the applicable notification specified in subsection (b). ``(b)(1) In any case described in subsection (a)(11), the trustee shall-- ``(A)(i) notify in writing the holder of the claim of the right of such holder to use the services of a State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which the holder resides; and ``(ii) include in the notice under this paragraph the address and telephone number of the child support enforcement agency; and ``(B)(i) notify in writing the State child support agency of the State in which the holder of the claim resides of the claim; ``(ii) include in the notice under this paragraph the name, address, and telephone number of the holder of the claim; and ``(iii) at such time as the debtor is granted a discharge under section 727 of this title, notify the holder of such claim and the State child support agency of the State in which such holder resides of-- ``(I) the granting of the discharge; ``(II) the last recent known address of the debtor; and ``(III) with respect to the debtor's case, the name of each creditor that holds a claim that is not discharged under paragraph (2), (4), or (14A) of section 523(a) of this title or that was reaffirmed by the debtor under section 524(c) of this title. ``(2)(A) If, after receiving a notice under paragraph (1)(B)(iii), a holder of a claim or a State child support agency is unable to locate the debtor that is the subject of the notice, such holder or such agency may request from a creditor described in paragraph (1)(B)(iii)(III) the last known address of the debtor. ``(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable to the debtor or any other person by reason of making such disclosure.''. (b) Duties of Trustee Under Chapter 13.--Section 1302 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) if, with respect to an individual debtor, there is a claim for support of a child of the debtor or a custodial parent of such child entitled to receive priority under section 507(a)(1) of this title, provide the applicable notification specified in subsection (d).''; and (2) by adding at the end the following: ``(d)(1) In any case described in subsection (b)(6), the trustee shall-- ``(A)(i) notify in writing the holder of the claim of the right of such holder to use the services of a State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which the holder resides; and ``(ii) include in the notice under this paragraph the address and telephone number of the child support enforcement agency; and ``(B)(i) notify in writing the State child support agency of the State in which the holder of the claim resides of the claim; and ``(ii) include in the notice under this paragraph the name, address, and telephone number of the holder of the claim; ``(iii) at such time as the debtor is granted a discharge under section 1328 of this title, notify the holder of the claim and the State child support agency of the State in which such holder resides of-- ``(I) the granting of the discharge; ``(II) the last recent known address of the debtor; and ``(III) with respect to the debtor's case, the name of each creditor that holds a claim that is not discharged under paragraph (2), (4), or (14A) of section 523(a) of this title or that was reaffirmed by the debtor under section 524(c) of this title. ``(2)(A) If, after receiving a notice under paragraph (1)(B)(iii), a holder of a claim or a State child support agency is unable to locate the debtor that is the subject of the notice, such holder or such agency may request from a creditor described in paragraph (1)(B)(iii) the last known address of the debtor. ``(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable to the debtor or any other person by reason of making such disclosure.''. SEC. 150. EXCLUDING EMPLOYEE BENEFIT PLAN PARTICIPANT CONTRIBUTIONS AND OTHER PROPERTY FROM THE ESTATE. (a) In General.--Section 541(b) of title 11, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (4)(B)(ii); (2) by striking the period at the end of paragraph (5) and inserting ``; or''; and (3) by inserting after paragraph (5) the following: ``(7) any amount or interest in property to the extent that an employer has withheld amounts from the wages of employees for contribution to an employee benefit plan subject to title I of the Employee Retirement Income Security Act of 1974, or to the extent that the employer has received amounts as a result of payments by participants or beneficiaries to an employer for contribution to an employee benefit plan subject to title I of the Employee Retirement Income Security Act of 1974.''. (b) Application of Amendment.--The amendment made by this section shall not apply to cases commenced under title 11, United States Code, before the expiration of the 180-day period beginning on the date of the enactment of this Act. SEC. 151. CLARIFICATION OF POSTPETITION WAGES AND BENEFITS. Section 503(b)(1)(A) of title 11, United States Code, is amended to read as follows: ``(A) the actual, necessary costs and expenses of preserving the estate, including wages, salaries, or commissions for services rendered after the commencement of the case, and wages and benefits attributable to any period of time after commencement of the case as a result of the debtor's violation of Federal law, without regard to when the original unlawful act occurred or to whether any services were rendered;''. SEC. 152. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC SUPPORT OBLIGATION PROCEEDINGS. Section 362(b)(2) of title 11, United States Code, is amended-- (1) in subparagraph (A) by striking ``or'' at the end; (2) in subparagraph (B) by adding ``or'' at the end; and (3) by adding at the end the following: ``(C) under subsection (a) of-- ``(i) the withholding of income for payment of a domestic support obligation pursuant to a judicial or administrative order or statute for such obligation that first becomes payable after the date on which the petition is filed; or ``(ii) the withholding of income for payment of a domestic support obligation owed directly to the spouse, former spouse or child of the debtor or the parent of such child, pursuant to a judicial or administrative order or statute for such obligation that becomes payable before the date on which the petition is filed unless the court finds, after notice and hearing, that such withholding would render the plan infeasible;''. SEC. 153. AUTOMATIC STAY INAPPLICABLE TO CERTAIN PROCEEDINGS AGAINST THE DEBTOR. Section 362(b)(2) of title 11, United States Code, as amended by section 153, is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) by inserting after subparagraph (C) the following: ``(D) the commencement or continuation of a proceeding concerning a child custody or visitation; ``(E) the commencement or continuation of a proceeding alleging domestic violence; or ``(F) the commencement or continuation of a proceeding seeking a dissolution of marriage, except to the extent the proceeding concerns property of the estate;''. SEC. 154. DISCLOSURES. (a) Disclosures.--Subchapter II of chapter 5 of title 11, United States Code, as amended by section 106, is amended by adding at the end the following: ``Sec. 527. Disclosures ``(a) A debt relief agency providing bankruptcy assistance to an assisted person shall provide the following notices to the assisted person: ``(1) the written notice required under section 342(b)(1) of this title; and ``(2) to the extent not covered in the written notice described in paragraph (1) of this section and no later than three business days after the first date on which a debt relief agency first offers to provide any bankruptcy assistance services to an assisted person, a clear and conspicuous written notice advising assisted persons of the following-- ``(A) all information the assisted person is required to provide with a petition and thereafter during a case under this title must be complete, accurate and truthful; ``(B) all assets and all liabilities must be completely and accurately disclosed in the documents filed to commence the case, and the replacement value of each asset as defined in section 506 of this title must be stated in those documents where requested after reasonable inquiry to establish such value; ``(C) current monthly income, the amounts specified in section 707(b)(2) and, in a chapter 13 case, disposable income (determined in accordance with section 707(b)(2)) must be stated after reasonable inquiry; and ``(D) that information an assisted person provides during their case may be audited pursuant to this title and that failure to provide such information may result in dismissal of the proceeding under this title or other sanction including, in some instances, criminal sanctions. ``(b) A debt relief agency providing bankruptcy assistance to an assisted person shall provide each assisted person at the same time as the notices required under subsection (a)(1) with the following statement, to the extent applicable, or one substantially similar. The statement shall be clear and conspicuous and shall be in a single document separate from other documents or notices provided to the assisted person: ```IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. ```If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone. ```The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine. ```Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief made available by the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a ``trustee'' and by creditors. ```If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so and a creditor is not permitted to coerce you into reaffirming your debts. ```If you choose to file a chapter 13 case in which you repay your creditors what you can afford over three to five years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge. ```If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what needs to be done from someone familiar with that type of relief. ```Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.'. ``(c) Except to the extent the debt relief agency provides the required information itself after reasonably diligent inquiry of the assisted person or others so as to obtain such information reasonably accurately for inclusion on the petition, schedules or statement of financial affairs, a debt relief agency providing bankruptcy assistance to an assisted person, to the extent permitted by nonbankruptcy law, shall provide each assisted person at the time required for the notice required under subsection (a)(1) reasonably sufficient information (which shall be provided in a clear and conspicuous writing) to the assisted person on how to provide all the information the assisted person is required to provide under this title pursuant to section 521, including-- ``(1) how to value assets at replacement value, determine current monthly income, the amounts specified in section 707(b)(2)) and, in a chapter 13 case, how to determine disposable income in accordance with section 707(b)(2) and related calculations; ``(2) how to complete the list of creditors, including how to determine what amount is owed and what address for the creditor should be shown; and ``(3) how to determine what property is exempt and how to value exempt property at replacement value as defined in section 506 of this title. ``(d) A debt relief agency shall maintain a copy of the notices required under subsection (a) of this section for two years after the date on which the notice is given the assisted person.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 11, United States Code, as amended by section 106, is amended by inserting after the item relating to section 526 the following: ``527. Disclosures.''. SEC. 155. DEBTOR'S BILL OF RIGHTS. Subchapter II of chapter 5 of title 11, United States Code, as amended by sections 106 and 154, is amended by adding at the end the following: ``Sec. 528. Debtor's bill of rights ``(a) A debt relief agency shall-- ``(1) no later than five business days after the first date on which a debt relief agency provides any bankruptcy assistance services to an assisted person, but prior to such assisted person's petition under this title being filed, execute a written contract with the assisted person specifying clearly and conspicuously the services the agency will provide the assisted person and the basis on which fees or charges will be made for such services and the terms of payment, and give the assisted person a copy of the fully executed and completed contract in a form the person can keep; ``(2) disclose in any advertisement of bankruptcy assistance services or of the benefits of bankruptcy directed to the general public (whether in general media, seminars or specific mailings, telephonic or electronic messages or otherwise) that the services or benefits are with respect to proceedings under this title, clearly and conspicuously using the following statement: `We are a debt relief agency. We help people file Bankruptcy petitions to obtain relief under the Bankruptcy Code.' or a substantially similar statement. An advertisement shall be of bankruptcy assistance services if it describes or offers bankruptcy assistance with a chapter 13 plan, regardless of whether chapter 13 is specifically mentioned, including such statements as `federally supervised repayment plan' or `Federal debt restructuring help' or other similar statements which would lead a reasonable consumer to believe that help with debts was being offered when in fact in most cases the help available is bankruptcy assistance with a chapter 13 plan; and ``(3) if an advertisement directed to the general public indicates that the debt relief agency provides assistance with respect to credit defaults, mortgage foreclosures, lease eviction proceedings, excessive debt, debt collection pressure, or inability to pay any consumer debt, disclose conspicuously in that advertisement that the assistance is with respect to or may involve proceedings under this title, using the following statement: `We are a debt relief agency. We help people file Bankruptcy petitions to obtain relief under the Bankruptcy Code.' or a substantially similar statement.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 11, United States Code, as amended by sections 106 and 154, is amended by inserting after the item relating to section 527, the following: ``528. Debtor's bill of rights.''. TITLE II--DISCOURAGING BANKRUPTCY ABUSE SEC. 201. REENACTMENT OF CHAPTER 12. (a) Reenactment.--Chapter 12 of title 11, United States Code, as in effect on March 31, 1999, is hereby reenacted. (b) Effective Date.--The amendment made by subsection (a) shall take effect on March 31, 1999. SEC. 202. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS. Section 341 of title 11, United States Code, is amended by adding at the end the following: ``(e) Notwithstanding subsections (a) and (b), the court, on the request of a party in interest and after notice and a hearing, for cause may order that the United States trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicited acceptances prior to the commencement of the case.''. SEC. 203. PROTECTION OF RETIREMENT SAVINGS IN BANKRUPTCY. (a) In General.--Section 522 of title 11, United States Code, as amended by sections 113, 125, and 147 is amended-- (1) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``(2)(A)'' and inserting: ``(3) Property listed in this paragraph is-- ``(A) subject to subsections (o) and (p),''; (ii) in subparagraph (B), by striking ``and'' at the end; (iii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.''; (B) by striking paragraph (1) and inserting: ``(2) Property listed in this paragraph is property that is specified under subsection (d), unless the State law that is applicable to the debtor under paragraph (3)(A) specifically does not so authorize.''; (C) in the matter preceding paragraph (2)-- (i) by striking ``(b)'' and inserting ``(b)(1)''; (ii) by striking ``paragraph (2)'' both places it appears and inserting ``paragraph (3)''; (iii) by striking ``paragraph (1)'' each place it appears and inserting ``paragraph (2)''; and (iv) by striking ``Such property is--''; and (D) by adding at the end of the subsection the following: ``(4) For purposes of paragraph (3)(D) and subsection (d)(12), the following shall apply: ``(A) If the retirement funds are in a retirement fund that has received a favorable determination pursuant to section 7805 of the Internal Revenue Code of 1986, and that determination is in effect as of the date of the commencement of the case under section 301, 302, or 303 of this title, those funds shall be presumed to be exempt from the estate. ``(B) If the retirement funds are in a retirement fund that has not received a favorable determination pursuant to such section 7805, those funds are exempt from the estate if the debtor demonstrates that-- ``(i) no prior determination to the contrary has been made by a court or the Internal Revenue Service; and ``(ii) the retirement fund is in substantial compliance with the applicable requirements of the Internal Revenue Code of 1986. ``(C) A direct transfer of retirement funds from one fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986, pursuant to section 401(a)(31) of the Internal Revenue Code of 1986, or otherwise, shall not cease to qualify for exemption under paragraph (3)(D) or subsection (d)(12) by reason of that direct transfer. ``(D)(i) Any distribution that qualifies as an eligible rollover distribution within the meaning of section 402(c) of the Internal Revenue Code of 1986 or that is described in clause (ii) shall not cease to qualify for exemption under paragraph (3)(D) or subsection (d)(12) by reason of that distribution. ``(ii) A distribution described in this clause is an amount that-- ``(I) has been distributed from a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986; and ``(II) to the extent allowed by law, is deposited in such a fund or account not later than 60 days after the distribution of that amount.''; and (2) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``subsection (b)(1)'' and inserting ``subsection (b)(2)''; and (B) by adding at the end the following: ``(12) Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.''. (b) Automatic Stay.--Section 362(b) of title 11, United States Code, as amended by sections 118, 132, 136, and 141 is amended-- (1) in paragraph (27), by striking ``or'' at the end; (2) in paragraph (28), by striking the period and inserting ``; or''; (3) by inserting after paragraph (28) the following: ``(29) under subsection (a), of withholding of income from a debtor's wages and collection of amounts withheld, pursuant to the debtor's agreement authorizing that withholding and collection for the benefit of a pension, profit-sharing, stock bonus, or other plan established under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986 that is sponsored by the employer of the debtor, or an affiliate, successor, or predecessor of such employer-- ``(A) to the extent that the amounts withheld and collected are used solely for payments relating to a loan from a plan that satisfies the requirements of section 408(b)(1) of the Employee Retirement Income Security Act of 1974 or is subject to section 72(p) of the Internal Revenue Code of 1986; or ``(B) in the case of a loan from a thrift savings plan described in subchapter III of title 5, that satisfies the requirements of section 8433(g) of such title.''; and (4) by adding at the end of the flush material following paragraph (29) the following: ``Paragraph (29) does not apply to any amount owed to a plan referred to in that paragraph that is incurred under a loan made during the 1-year period preceding the filing of a petition. Nothing in paragraph (29) may be construed to provide that any loan made under a governmental plan under section 414(d), or a contract or account under section 403(b), of the Internal Revenue Code of 1986 constitutes a claim or a debt under this title.''. (c) Exceptions to Discharge.--Section 523(a) of title 11, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ``; or''; and (3) by adding at the end the following: ``(19) owed to a pension, profit-sharing, stock bonus, or other plan established under section 401, 403, 408, 408A, 414, 457, or 501(c) of the Internal Revenue Code of 1986, pursuant to-- ``(A) a loan permitted under section 408(b)(1) of the Employee Retirement Income Security Act of 1974) or subject to section 72(p) of the Internal Revenue Code of 1986; or ``(B) a loan from the thrift savings plan described in subchapter III of title 5, that satisfies the requirements of section 8433(g) of such title. Paragraph (19) does not apply to any amount owed to a plan referred to in that paragraph that is incurred under a loan made during the 1-year period preceding the filing of a petition. Nothing in paragraph (19) may be construed to provide that any loan made under a governmental plan under section 414(d), or a contract or account under section 403(b), of the Internal Revenue Code of 1986 constitutes a claim or a debt under this title.''. (d) Plan Contents.--Section 1322 of title 11, United States Code, is amended by adding at the end the following: ``(f) A plan may not materially alter the terms of a loan described in section 362(b)(29) of this title.''. SEC. 204. PROTECTION OF REFINANCE OF SECURITY INTEREST. Subparagraphs (A), (B), and (C) of section 547(e)(2) of title 11, United States Code, are amended by striking ``10'' each place it appears and inserting ``30''. SEC. 205. EXECUTORY CONTRACTS AND UNEXPIRED LEASES. Section 365(d)(4) of title 11, United States Code, is amended to read as follows: ``(4)(A) Subject to subparagraph (B), in any case under any chapter in this title, an unexpired lease of nonresidential real property under which the debtor is the lessee shall be deemed rejected, and the trustee shall immediately surrender such property to the lessor, if the trustee does not assume or reject the unexpired lease by the earlier of-- ``(i) the date that is 120 days after the date of the order for relief; or ``(ii) the date of the entry of an order confirming a plan. ``(B)(i) The court may extend the period determined under subparagraph (A) for 120 days upon motion of the trustee or the lessor for cause. ``(ii) If the court grants an extension under clause (i), the court may grant a subsequent extension only upon prior written consent of the lessor.''. SEC. 206. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES. (a) Appointment.--Section 1102(a)(2) of title 11, United States Code, is amended by inserting before the first sentence the following: ``On its own motion or on request of a party in interest, and after notice and hearing, the court may order a change in the membership of a committee appointed under this subsection, if the court determines that the change is necessary to ensure adequate representation of creditors or equity security holders. The court may expand the membership of a committee to include a creditor that is small business if the court determines that such creditor holds claims of the kind represented by such committee that are, in the aggregate, disproportionately large when compared to the annual gross revenue of such creditor.''. (b) Information.--Section 1102(b) of title 11, United States Code, is amended by adding at the end the following: ``(3) A committee appointed under subsection (a) shall provide access to information for creditors who hold claims of the kind represented by such committee and who are not appointed such committee, shall to be open for comment from such creditors, and shall be subject to a court order compelling additional reports or disclosure to be made to such creditors.''. SEC. 207. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES CODE. Section 546 of title 11, United States Code, is amended by inserting at the end thereof: ``(i) Notwithstanding section 545 (2) and (3) of this title, the trustee may not avoid a warehouseman's lien for storage, transportation or other costs incidental to the storage and handling of goods, as provided by section 7-209 of the Uniform Commercial Code.''. SEC. 208. LIMITATION. Section 546(c)(1)(B) of title 11, United States Code, is amended by striking ``20'' and inserting ``45''. SEC. 209. AMENDMENT TO SECTION 330(A) OF TITLE 11, UNITED STATES CODE. Section 330(a) of title 11, United States Code, is amended-- (1) in paragraph (3)-- (A) in subparagraph (A) after ``awarded'', by inserting ``to an examiner, chapter 11 trustee, or professional person''; and (B) by redesignating subdivisions (A) through (E) as clauses (i) through (iv), respectively; and (2) by adding at the the following: ``(B) In determining the amount of reasonable compensation to be awarded a trustee, the court shall treat such compensation as a commission based on the results achieved.''. SEC. 210. POSTPETITION DISCLOSURE AND SOLICITATION. Section 1125 of title 11, United States Code, is amended by adding at the end the following: ``(g) Notwithstanding subsection (b), an acceptance or rejection of the plan may be solicited from a holder of a claim or interest if such solicitation complies with applicable nonbankruptcy law and if such holder was solicited before the commencement of the case in a manner complying with applicable nonbankruptcy law.''. SEC. 211. PREFERENCES. Section 547(c) of title 11, United States Code, is amended-- (1) by amending paragraph (2) to read as follows: ``(2) to the extent that such transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the transferee, and such transfer was-- ``(A) made in the ordinary course of business or financial affairs of the debtor and the transferee; or ``(B) made according to ordinary business terms;''; (2) in paragraph (7) by striking ``or'' at the end; (3) in paragraph (8) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(9) 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. 212. VENUE OF CERTAIN PROCEEDINGS. Section 1409(b) of title 28, United States Code, is amended by inserting ``, or a nonconsumer debt against a noninsider of less than $10,000,'' after ``$5,000''. SEC. 213. PERIOD FOR FILING PLAN UNDER CHAPTER 11. Section 1121(d) of title 11, United States Code, is amended-- (1) by striking ``On'' and inserting ``(1) Subject to paragraph (1), on''; and (2) by adding at the end the following: ``(2)(A) Such 120-day period may not be extended beyond a date that is 18 months after the date of the order for relief under this chapter. ``(B) Such 180-day period may not be extended beyond a date that is 20 months after the date of the order for relief under this chapter.''. SEC. 214. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS. Section 523(a)(16) of title 11, United States Code, is amended-- (1) by striking ``dwelling'' the first place it appears; (2) by striking ``ownership or'' and inserting ``ownership,''; (3) by striking ``housing'' the first place it appears; and (4) by striking ``but only'' and all that follows through ``such period,'', and inserting ``or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot,''. SEC. 215. DEFAULTS BASED ON NONMONETARY OBLIGATIONS. (a) Executory Contracts and Unexpired Leases.--Section 365 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A) by striking the semicolon at the end and inserting the following: ``other than a default that is a breach of a provision relating to-- ``(i) the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetary obligations under an unexpired lease of real property, if it is impossible for the trustee to cure such default by performing nonmonetary acts at and after the time of assumption; or ``(ii) the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetary obligations under an executory contract (excluding executory contracts that transfer a right or interest under a filed or issued patent, copyright, trademark, trade dress, or trade secret), if it is impossible for the trustee to cure such default by performing nonmonetary acts at and after the time of assumption and if the court determines, based on the equities of the case, that this subparagraph should not apply with respect to such default;''; and (B) by amending paragraph (2)(D) to read as follows: ``(D) the satisfaction of any penalty rate or penalty provision relating to a default arising from a failure to perform nonmonetary obligations under an executory contract (excluding executory contracts that transfer a right or interest under a filed or issued patent, copyright, trademark, trade dress, or trade secret) or under an unexpired lease of real or personal property.''; (2) in subsection (c)-- (A) in paragraph (2) by adding ``or'' at the end; (B) in paragraph (3) by striking ``; or'' at the end and inserting a period; and (C) by striking paragraph (4); (3) in subsection (d)-- (A) by striking paragraphs (5) through (9); and (B) by redesignating paragraph (10) as paragraph (5); and (4) in subsection (f)(1) by striking ``; except that'' and all that follows through the end of the paragraph and inserting a period. (b) Impairment of Claims or Interests.--Section 1124(2) of title 11, United States Code, is amended-- (1) in subparagraph (A) by inserting ``or of a kind that section 365(b)(2) of this title expressly does not require to be cured'' before the semicolon at the end; (2) in subparagraph (C) by striking ``and'' at the end; (3) by redesignating subparagraph (D) as subparagraph (E); and (4) by inserting after subparagraph (C) the following: ``(D) if such claim or such interest arises from any failure to perform a nonmonetary obligation, compensates the holder of such claim or such interest (other than the debtor or an insider) for any actual pecuniary loss incurred by such holder as a result of such failure; and''. SEC. 216. SHARING OF COMPENSATION. Section 504 of title 11, United States Code, is amended by adding at the end the following: ``(c) This section shall not apply with respect to sharing, or agreeing to share, compensation with a bona fide public service attorney referral program that operates in accordance with non-Federal law regulating attorney referral services and with rules of professional responsibility applicable to attorney acceptance of referrals.''. SEC. 217. PRIORITY FOR ADMINISTRATIVE EXPENSES. Section 503(b) of title 11, United States Code, is amended-- (1) by deleting ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by inserting the following after paragraph (6): ``(7) with respect to a nonresidential real property lease previously assumed under section 365, and subsequently rejected, a sum equal to all monetary obligations due, excluding those arising from or relating to a failure to operate or penalty provisions, for the period of one year following the later of the rejection date or date of actual turnover of the premises, without reduction or setoff for any reason whatsoever except for sums actually received or to be received from a nondebtor; and the claim for remaining sums due for the balance of the term of the lease shall be a claim under section 502(b)(6).''. SEC. 218. NONDISCHARGEABILITY OF CERTAIN EDUCATIONAL BENEFITS AND LOANS. Section 523(a)(8) of title 11, United States Code, is amended to read as follows: ``(8) for-- ``(A) an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend; or ``(B) any other education loan incurred by an individual debtor that meets the definition of `Qualified Education Loan' under section 221(e)(1) of the Internal Revenue Code, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and a debtor's dependents;''. TITLE III--GENERAL BUSINESS BANKRUPTCY PROVISIONS SEC. 301. DEFINITION OF DISINTERESTED PERSON. Section 101(14) of title 11, United States Code, is amended to read as follows: ``(14) `disinterested person' means a person that-- ``(A) is not a creditor, an equity security holder, or an insider; ``(B) is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor; and ``(C) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason;''. SEC. 302. MISCELLANEOUS IMPROVEMENTS. (a) Who May Be a Debtor.--Section 109 of title 11, United States Code, is amended by adding at the end the following: ``(h)(1) Subject to paragraphs (2) and (3) and notwithstanding any other provision of this section, an individual may not be a debtor under this title unless that individual has, during the 90-day period preceding the date of filing of the petition of that individual, received credit counseling, including, at a minimum, participation in an individual or group briefing that outlined the opportunities for available credit counseling and assisted that individual in performing an initial budget analysis, through a credit counseling program (offered through an approved credit counseling service described in section 111(a)). ``(2)(A) Paragraph (1) shall not apply with respect to a debtor who resides in a district for which the United States trustee or bankruptcy administrator of the bankruptcy court of that district determines that the approved credit counseling services for that district are not reasonably able to provide adequate services to the additional individuals who would otherwise seek credit counseling from those programs by reason of the requirements of paragraph (1). ``(B) Each United States trustee or bankruptcy administrator that makes a determination described in subparagraph (A) shall review that determination not later than one year after the date of that determination, and not less frequently than every year thereafter. ``(3)(A) Subject to subparagraph (B), the requirements of paragraph (1) shall not apply with respect to a debtor who submits to the court a certification that-- ``(i) describes exigent circumstances that merit a waiver of the requirements of paragraph (1); ``(ii) states that the debtor requested credit counseling services from an approved credit counseling service, but was unable to obtain the services referred to in paragraph (1) during the 5-day period beginning on the date on which the debtor made that request or that the exigent circumstances require filing before such 5-day period expires; and ``(iii) is satisfactory to the court. ``(B) With respect to a debtor, an exemption under subparagraph (A) shall cease to apply to that debtor on the date on which the debtor meets the requirements of paragraph (1), but in no case may the exemption apply to that debtor after the date that is 30 days after the debtor files a petition.''. (b) Chapter 7 Discharge.--Section 727(a) of title 11, United States Code, is amended-- (1) in paragraph (9), by striking ``or'' at the end; (2) in paragraph (10), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(11) after the filing of the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111 unless the debtor resides in a district for which the United States trustee or bankruptcy administrator of the bankruptcy court of that district determines that the approved instructional courses are not adequate to provide service to the additional individuals who would be required to compete the instructional course by reason of the requirements of this section. Each United States trustee or bankruptcy administrator that makes such a determination shall review that determination not later than 1 year after the date of that determination, and not less frequently than every year thereafter.''. (c) Chapter 13 Discharge.--Section 1328 of title 11, United States Code, as amended by section 137, is amended by adding at the end the following: ``(g) The court shall not grant a discharge under this section to a debtor, unless after filing a petition the debtor has completed an instructional course concerning personal financial management described in section 111. ``(h) Subsection (g) shall not apply with respect to a debtor who resides in a district for which the United States trustee or bankruptcy administrator of the bankruptcy court of that district determines that the approved instructional courses are not adequate to provide service to the additional individuals who would be required to complete the instructional course by reason of the requirements of this section. ``(i) Each United States trustee or bankruptcy administrator that makes a determination described in subsection (h) shall review that determination not later than 1 year after the date of that determination, and not less frequently than every year thereafter.''. (d) Debtor's Duties.--Section 521 of title 11, United States Code, as amended by sections 604 and 120, is amended by adding at the end the following: ``(d) In addition to the requirements under subsection (a), an individual debtor shall file with the court-- ``(1) a certificate from the credit counseling service that provided the debtor services under section 109(h); and ``(2) a copy of the debt repayment plan, if any, developed under section 109(h) through the credit counseling service referred to in paragraph (1).''. (e) General Provisions.-- (1) In general.--Chapter 1 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 111. Credit counseling services; financial management instructional courses ``(a) The clerk of each district shall maintain a publicly available list of credit counseling agencies and of programs described in section 109(h) and instructional courses offered by such agencies currently approved by-- ``(1) the United States Trustee; or ``(2) the bankruptcy administrator for the district. ``(b) The United States Trustee or bankruptcy administrator shall only approve credit counseling agencies which satisfy standards set in regulations promulgated by the Federal Trade Commission and which are accredited by the Council on Accreditation or an equivalent third party nonprofit accrediting organization. ``(c) The United States Trustee or bankruptcy administrator shall only approve programs or courses under subsection (a) if they satisfy standards set in regulations promulgated by the Executive Office of the United States Trustees. The Executive Office of the United States Trustee is authorized to promulgate regulations setting such standards. ``(d) The Federal Trade Commission shall have authority to promulgate regulations setting standards for credit counseling agencies for the purposes of subsection (b). Such standards shall establish minimum requirements for such agencies with respect to providing qualified counselors, safekeeping and payment of client funds, disclosure to clients, adequate counseling with respect to client credit problems, and such other matters as relate to the quality and financial security of such programs. Nothing in this provision shall limit the authority of the Federal Trade Commission pursuant to the Federal Trade Commission Act (15 U.S.C. 45 et seq.). ``(e) The United States Trustee or bankruptcy administrator may notify the clerk that a credit counseling agency, or a program or course, is no longer approved, in which case the clerk shall remove it from the list maintained under subsection (a).''. (2) Regulations.--The Federal Trade Commission and the Executive Office of United States Trustees shall promulgate regulations pursuant to the power delegated in this section within 180 days of the date of the enactment of this Act. (3) Clerical amendment.--The table of sections at the beginning of chapter 1 of title 11, United States Code, is amended by adding at the end the following: ``111. Credit counseling services; financial management instructional courses.''. (e) Definitions.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (13) the following: ``(13A) `debtor's principal residence' means a residential structure including incidental property when the structure contains 1 to 4 units, whether or not that structure is attached to real property, and includes, without limitation, an individual condominium or cooperative unit or mobile or manufactured home or trailer;''; (2) by inserting after paragraph (27A), as added by section 318 of this Act, the following: ``(27B) `incidental property' means property incidental to such residence including, without limitation, property commonly conveyed with a principal residence where the real estate is located, window treatments, carpets, appliances and equipment located in the residence, and easements, appurtenances, fixtures, rents, royalties, mineral rights, oil and gas rights, escrow funds and insurance proceeds;''; (3) in section 362(b), as amended by sections 117, 118, 132, 136, 141, 203, 818, and 1007-- (A) in paragraph (28) by striking ``or'' at the end thereof; (B) in paragraph (29) by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (29) the following: ``(30) under subsection (a), until a prepetition default is cured fully in a case under chapter 13 of this title by actual payment of all arrears as required by the plan, of the postponement, continuation or other similar delay of a prepetition foreclosure proceeding or sale in accordance with applicable nonbankruptcy law, but nothing herein shall imply that such postponement, continuation or other similar delay is a violation of the stay under subsection (a).''; and (4) by amending section 1322(b)(2) to read as follows: ``(2) modify the rights of holders of secured claims, other than a claim secured primarily by a security interest in property used as the debtor's principal residence at any time during 180 days prior to the filing of the petition, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims;''. (f) Limitation.--Section 362 of title 11, United States Code, is amended by adding at the end the following: ``(j) If one case commenced under chapter 7, 11, or 13 of this title is dismissed due to the creation of a debt repayment plan administered by a credit counseling agency approved pursuant to section 111 of this title, then for purposes of section 362(c)(3) of this title the subsequent case commenced under any such chapter shall not be presumed to be filed not in good faith.''. (g) Return of Goods Shipped.--Section 546(g) of title 11, United States Code, as added by section 222(a) of Public Law 103-394, is amended to read as follows: ``(h) Notwithstanding the rights and powers of a trustee under sections 544(a), 545, 547, 549, and 553 of this title, if the court determines on a motion by the trustee made not later than 120 days after the date of the order for relief in a case under chapter 11 of this title and after notice and hearing, that a return is in the best interests of the estate, the debtor, with the consent of the creditor, and subject to the prior rights, if any, of third parties in such goods, may return goods shipped to the debtor by the creditor before the commencement of the case, and the creditor may offset the purchase price of such goods against any claim of the creditor against the debtor that arose before the commencement of the case.''. SEC. 303. EXTENSIONS. Section 302(d)(3) of the Bankruptcy, Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is amended-- (1) in subparagraph (A), in the matter following clause (ii), by striking ``or October 1, 2002, whichever occurs first''; and (2) in subparagraph (F)-- (A) in clause (i)-- (i) in subclause (II), by striking ``or October 1, 2002, whichever occurs first''; and (ii) in the matter following subclause (II), by striking ``October 1, 2003, or''; and (B) in clause (ii), in the matter following subclause (II)-- (i) by striking ``before October 1, 2003, or''; and (ii) by striking ``, whichever occurs first''. SEC. 304. LOCAL FILING OF BANKRUPTCY CASES. Section 1408 of title 28, United States Code, is amended-- (1) by striking ``Except'' and inserting ``(a) Except''; and (2) by adding at the end the following: ``(b) For the purposes of subsection (a), if the debtor is a corporation, the domicile and residence of the debtor are conclusively presumed to be where the debtor's principal place of business in the United States is located.''. SEC. 305. PERMITTING ASSUMPTION OF CONTRACTS. (a) Section 365(c) of title 11, United States Code, is amended to read as follows: ``(c)(1) The trustee may not assume or assign an executory contract or unexpired lease of the debtor, whether or not the contract or lease prohibits or restricts assignment of rights or delegation of duties, if-- ``(A)(i) applicable law excuses a party to the contract or lease from accepting performance from or rendering performance to an assignee of the contract or lease, whether or not the contract or lease prohibits or restricts assignment of rights or delegation of duties; and ``(ii) the party does not consent to the assumption or assignment; or ``(B) the contract is a contract to make a loan, or extend other debt financing or financial accommodations, to or for the benefit of the debtor, or to issue a security of the debtor. ``(2) Notwithstanding paragraph (1)(A) and applicable nonbankruptcy law, in a case under chapter 11 of this title, a trustee in a case in which a debtor is a corporation, or a debtor in possession, may assume an executory contract or unexpired lease of the debtor, whether or not the contract or lease prohibits or restricts assignment of rights or delegation of duties. ``(3) The trustee may not assume or assign an unexpired lease of the debtor of nonresidential real property, whether or not the contract or lease prohibits or restricts assignment of rights or delegation of duties, if the lease has been terminated under applicable nonbankruptcy law before the order for relief.''. (b) Section 365(d) of title 11, United States Code, is amended by striking paragraphs (5), (6), (7), (8), and (9), and redesignating paragraph (10) as paragraph (5). (c) Section 365(e) of title 11, United States Code, is amended to read as follows: ``(e)(1) Notwithstanding a provision in an executory contract or unexpired lease, or in applicable law, an executory contract or unexpired lease of the debtor may not be terminated or modified, and any right or obligation under such contract or lease may not be terminated or modified, at any time after the commencement of the case solely because of a provision in such contract or lease that is conditioned on-- ``(A) the insolvency or financial condition of the debtor at any time before the closing of the case; ``(B) the commencement of a case under this title; or ``(C) the appointment of or taking possession by a trustee in a case under this title or a custodian before such commencement. ``(2) Paragraph (1) does not apply to an executory contract or unexpired lease of the debtor if the trustee may not assume or assign, and the debtor in possession may not assume, the contract or lease by reason of the provisions of subsection (c) of this section.''. (d) Section 365(f)(1) of title 11, United States Code, is amended by striking the semicolon and all that follows through ``event''. TITLE IV SMALL BUSINESS BANKRUPTCY PROVISIONS SEC. 401. FLEXIBLE RULES FOR DISCLOSURE STATEMENT AND PLAN. (a) Section 1125(a)(1) of title 11, United States Code, is amended by inserting before the semicolon following: ``and in determining whether a disclosure statement provides adequate information, the court shall consider the complexity of the case, the benefit of additional information to creditors and other parties in interest, and the cost of providing additional information''. (b) Section 1125(f) of title 11, United States Code, is amended to read as follows: ``(f) Notwithstanding subsection (b)-- ``(1) the court may determine that the plan itself provides adequate information and that a separate disclosure statement is not necessary; ``(2) the court may approve a disclosure statement submitted on standard forms approved by the court or adopted pursuant to section 2075 of title 28, United States Code; and ``(3)(A) the court may conditionally approve a disclosure statement subject to final approval after notice and a hearing; ``(B) acceptances and rejections of a plan may be solicited based on a conditionally approved disclosure statement if the debtor provides adequate information to each holder of a claim or interest that is solicited, but a conditionally approved disclosure statement shall be mailed not less than 20 days before the date of the hearing on confirmation of the plan; and ``(C) the hearing on the disclosure statement may be combined with the hearing on confirmation of a plan.''. SEC. 402. DEFINITIONS. (a) Definitions. Section 101 of title 11, United States Code, is amended by striking paragraph (51C) and inserting the following: ``(51C) `small business case' means a case filed under chapter 11 of this title in which the debtor is a small business debtor; and ``(51D) `small business debtor' means (A) a person (including affiliates of such person that are also debtors under this title) that has aggregate noncontingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief in an amount not more than $4,000,000 (excluding debts owed to one or more affiliates or insiders), except that if a group of affiliated debtors has aggregate noncontingent liquidated secured and unsecured debts greater than $4,000,000 (excluding debt owed to one or more affiliates or insiders), then no member of such group is a small business debtor;''. (b) Conforming Amendment.--Section 1102(a)(3) of title 11, United States Code, is amended by inserting ``debtor'' after ``small business'' . SEC. 403. STANDARD FORM DISCLOSURE STATEMENT AND PLAN. The Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States shall, within a reasonable period of time after the date of the enactment of this Act, propose for adoption standard form disclosure statements and plans of reorganization for small business debtors (as defined in section 101 of title 11, United States Code, as amended by this Act), designed to achieve a practical balance between-- (1) the reasonable needs of the courts, the United States trustee, creditors, and other parties in interest for reasonably complete information; and (2) economy and simplicity for debtors. SEC. 404. UNIFORM NATIONAL REPORTING REQUIREMENTS. (a) Reporting Required.-- (1) Title 11, United States Code, is amended by inserting after section 307 the following: ``Sec. 308. Debtor reporting requirements ``A small business debtor shall file periodic financial and other reports containing information including-- ``(1) the debtor's profitability, that is, approximately how much money the debtor has been earning or losing during current and recent fiscal periods; ``(2) reasonable approximations of the debtor's projected cash receipts and cash disbursements over a reasonable period; ``(3) comparisons of actual cash receipts and disbursements with projections in prior reports; and ``(4) whether the debtor is-- ``(A) in compliance in all material respects with postpetition requirements imposed by this title and the Federal Rules of Bankruptcy Procedure; and ``(B) timely filing tax returns and paying taxes and other administrative claims when due, and, if not, what the failures are and how, at what cost, and when the debtor intends to remedy such failures; and ``(5) such other matters as are in the best interests of the debtor and creditors, and in the public interest in fair and efficient procedures under chapter 11 of this title.''. (2) The table of sections of chapter 3 of title 11, United States Code, is amended by inserting after the item relating to section 307 the following: ``308. Debtor reporting requirements.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 60 days after the date on which rules are prescribed pursuant to section 2075, title 28, United States Code to establish forms to be used to comply with section 308 of title 11, United States Code, as added by subsection (a). SEC. 405. UNIFORM REPORTING RULES AND FORMS FOR SMALL BUSINESS CASES. (a) Proposal of Rules and Forms.--The Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States shall propose for adoption amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms to be used by small business debtors to file periodic financial and other reports containing information, including information relating to-- (1) the debtor's profitability; (2) the debtor's cash receipts and disbursements; and (3) whether the debtor is timely filing tax returns and paying taxes and other administrative claims when due. (b) Purpose.--The rules and forms proposed under subsection (a) shall be designed to achieve a practical balance between-- (1) the reasonable needs of the bankruptcy court, the United States trustee, creditors, and other parties in interest for reasonably complete information; (2) the small business debtor's interest that required reports be easy and inexpensive to complete; and (3) the interest of all parties that the required reports help the small business debtor to understand its financial condition and plan its future. SEC. 406. DUTIES IN SMALL BUSINESS CASES. (a) Duties in Chapter 11 Cases.--Title 11, United States Code, is amended by inserting after section 1114 the following: ``Sec. 1115. Duties of trustee or debtor in possession in small business cases ``(a) In a small business case, a trustee or the debtor in possession, in addition to the duties provided in this title and as otherwise required by law, shall-- ``(1) append to the voluntary petition or, in an involuntary case, file within 3 days after the date of the order for relief-- ``(A) its most recent balance sheet, statement of operations, cash-flow statement, Federal income tax return; or ``(B) a statement made under penalty of perjury that no balance sheet, statement of operations, or cash-flow statement has been prepared and no Federal tax return has been filed; ``(2) attend, through its responsible individual, meetings scheduled by the court or the United States trustee, including initial debtor interviews and meetings of creditors convened under section 341 of this title; ``(3) timely file all schedules and statements of financial affairs, unless the court, after notice and a hearing, grants an extension, which shall not extend such time period to a date later than 30 days after the date of the order for relief, absent extraordinary and compelling circumstances; ``(4) file all postpetition financial and other reports required by the Federal Rules of Bankruptcy Procedure or by local rule of the district court; ``(5) subject to section 363(c)(2) of this title, maintain insurance customary and appropriate to the industry; ``(6)(A) timely file tax returns; ``(B) subject to section 363(c)(2) of this title, timely pay all administrative expense tax claims, except those being contested by appropriate proceedings being diligently prosecuted; and ``(C) subject to section 363(c)(2) of this title, establish one or more separate deposit accounts not later than 10 business days after the date of order for relief (or as soon thereafter as possible if all banks contacted decline the business) and deposit therein, not later than 1 business day after receipt thereof or a responsible time set by the court, all taxes payable for periods beginning after the date the case is commenced that are collected or withheld by the debtor for governmental units unless the court waives this requirement after notice and hearing; and ``(7) allow the United States trustee, or its designated representative, to inspect the debtor's business premises, books, and records at reasonable times, after reasonable prior written notice, unless notice is waived by the debtor.''. (b) Technical Amendment.--The table of sections of chapter 11, United States Code, is amended by inserting after the item relating to section 1114 the following: ``1115. Duties of trustee or debtor in possession in small business cases.''. SEC. 407. PLAN FILING AND CONFIRMATION DEADLINES. Section 1121(e) of title 11, United States Code, is amended to read as follows: ``(e) In a small business case-- ``(1) only the debtor may file a plan until after 90 days after the date of the order for relief, unless a trustee has been appointed under this chapter, or unless the court, on request of a party in interest and after notice and hearing, shortens such time; ``(2) the debtor shall file a plan, and any necessary disclosure statement, not later than 90 days after the date of the order for relief, unless the United States Trustee has appointed under section 1102(a)(1) of this title a committee of unsecured creditors that the court has determined, before the 90 days has expired, is sufficiently active and representative to provide effective oversight of the debtor; and ``(3) the time periods specified in paragraphs (1) and (2) of this subsection and the time fixed in section 1129(e) of this title for confirmation of a plan, may be extended only as follows: ``(A) On request of a party in interest made within the respective periods, and after notice and hearing, the court may for cause grant one or more extensions, cumulatively not to exceed 60 days, if the movant establishes-- ``(i) that no cause exists to dismiss or convert the case or appoint a trustee or examiner under subparagraphs (A) (I) of section 1112(b) of this title; and ``(ii) that there is a reasonable possibility the court will confirm a plan within a reasonable time; ``(B) On request of a party in interest made within the respective periods, and after notice and hearing, the court may for cause grant one or more extensions in excess of those authorized under subparagraph (A) of this paragraph, if the movant establishes: ``(i) that no cause exists to dismiss or convert the case or appoint a trustee or examiner under subparagraphs (A) (I) of section 1112(b)(3) of this title; and ``(ii) that it is more likely than not that the court will confirm a plan within a reasonable time; and ``(C) a new deadline shall be imposed whenever an extension is granted.''. SEC. 408. PLAN CONFIRMATION DEADLINE. Section 1129 of title 11, United States Code, is amended by adding at the end the following: ``(e) In a small business case, the debtor shall confirm a plan not later than 150 days after the date of the order for relief unless-- ``(1) the United States Trustee has appointed, under section 1102(a)(1) of this title, a committee of unsecured creditors that the court has determined, before the 150 days has expired, is sufficiently active and representative to provide effective oversight of the debtor; or ``(2) such 150-day period is extended as provided in section 1121(e)(3) of this title.''. SEC. 409. PROHIBITION AGAINST EXTENSION OF TIME. Section 105(d) of title 11, United States Code, is amended-- (1) in paragraph (2)(B)(vi) by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following: ``(3) in a small business case, not extend the time periods specified in sections 1121(e) and 1129(e) of this title except as provided in section 1121(e)(3) of this title.''. SEC. 410. DUTIES OF THE UNITED STATES TRUSTEE. Section 586(a) of title 28, United States Code, is amended-- (1) in paragraph (3)-- (A) in subparagraph (G) by striking ``and at the end''; (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following: ``(H) in small business cases (as defined in section 101 of title 11), performing the additional duties specified in title 11 pertaining to such cases''; (2) in paragraph (5) by striking ``and at the end''; (3) in paragraph (6) by striking the period at the end and inserting ``; and''; and (4) by inserting after paragraph (7) the following: ``(7) in each of such small business cases-- ``(A) conduct an initial debtor interview as soon as practicable after the entry of order for relief but before the first meeting scheduled under section 341(a) of title 11 at which time the United States trustee shall begin to investigate the debtor's viability, inquire about the debtor's business plan, explain the debtor's obligations to file monthly operating reports and other required reports, attempt to develop an agreed scheduling order, and inform the debtor of other obligations; ``(B) when determined to be appropriate and advisable, visit the appropriate business premises of the debtor and ascertain the state of the debtor's books and records and verify that the debtor has filed its tax returns; and ``(C) review and monitor diligently the debtor's activities, to identify as promptly as possible whether the debtor will be unable to confirm a plan; and ``(8) in cases in which the United States trustee finds material grounds for any relief under section 1112 of title 11, the United States trustee shall apply promptly to the court for relief.''. SEC. 411. SCHEDULING CONFERENCES. Section 105(d) of title 11, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``, may''; (2) by amending paragraph (1) to read as follows: ``(1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and''; and (3) in paragraph (2) by striking ``unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure'', and inserting ``may''. SEC. 412. SERIAL FILER PROVISIONS. Section 362 of title 11, United States Code, as amended by section 302, is amended-- (1) in subsection (i) as so redesignated by section 122-- (A) by striking ``An'' and inserting ``(1) Except as provided in paragraph (2), an''; and (B) by adding at the end the following: ``(2) If such violation is based on an action taken by an entity in the good-faith belief that subsection (h) applies to the debtor, then recovery under paragraph (1) against such entity shall be limited to actual damages.''; and (2) by inserting after subsection (j), as added by section 302, the following: ``(k)(1) Except as provided in paragraph (2) of this subsection, the provisions of subsection (a) of thissection shall not apply in a case in which the debtor-- ``(A) is a debtor in a case under this title pending at the time the petition is filed; ``(B) was a debtor in a case under this title which was dismissed for any reason by an order that became final in the 2-year period ending on the date of the order for relief entered with respect to the petition; ``(C) was a debtor in a case under this title in which a chapter 11, 12, or 13 plan was confirmed in the 2-year period ending on the date of the order for relief entered with respect to the petition; or ``(D) is an entity that has succeeded to substantially all of the assets or business of a debtor described in subparagraph (A), (B), or (C). ``(2) This subsection shall not apply-- ``(A) to a case initiated by an involuntary petition filed by a creditor that is not an insider or affiliate of the debtor; or ``(B) after such time as the debtor, after notice and a hearing, demonstrates by a preponderance of the evidence, that the filing of such petition resulted from circumstances beyond the control of the debtor and not foreseeable at the time the earlier case was filed; and that it is more likely than not that the court will confirm a plan, other than a liquidating plan, within a reasonable time.''. SEC. 413. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND APPOINTMENT OF TRUSTEE OR EXAMINER. (a) Expanded Grounds for Dismissal or Conversion.--Section 1112(b) of title 11, United States Code, is amended to read as follows: ``(b)(1) Except as provided in paragraphs (2) and (4) of this subsection, and in subsection (c) of this section, on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 of this title or dismiss a case under this chapter, or appoint a trustee or examiner under section 1104(e) of this title, whichever is in the best interest of creditors and the estate, if the movant establishes cause. ``(2) The court may decline to grant the relief specified in paragraph (1) of this subsection if the debtor or another party in interest objects and establishes by a preponderance of the evidence that-- ``(A) it is more likely than not that a plan will be confirmed within a time as fixed by this title or by order of the court entered pursuant to section 1121(e)(3), or within a reasonable time if no time has been fixed; and ``(B) if the cause is an act or omission of the debtor that-- ``(i) there exists a reasonable justification for the act or omission; and ``(ii) the act or omission will be cured within a reasonable time fixed by the court not to exceed 30 days after the court decides the motion, unless the movant expressly consents to a continuance for a specific period of time, or compelling circumstances beyond the control of the debtor justify an extension. ``(3) For purposes of this subsection, cause includes-- ``(A) substantial or continuing loss to or diminution of the estate; ``(B) gross mismanagement of the estate; ``(C) failure to maintain insurance that poses a material risk to the estate or the public; ``(D) unauthorized use of cash collateral harmful to one or more creditors; ``(E) failure to comply with an order of the court; ``(F) failure timely to satisfy any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter; ``(G) failure to attend the meeting of creditors convened under section 341(a) of this title; ``(H) failure timely to provide information or attend meetings reasonably requested by the United States trustee or bankruptcy administrator; ``(I) failure timely to pay taxes due after the date of the order for relief or to file tax returns due after the order for relief; ``(J) failure to file a disclosure statement, or to file or confirm a plan, within the time fixed by this title or by order of the court; ``(K) failure to pay any fees or charges required under chapter 123 of title 28, United States Code; ``(L) revocation of an order of confirmation under section 1144 of this title; ``(M) inability to effectuate substantial consummation of a confirmed plan; ``(N) material default by the debtor with respect to a confirmed plan; and ``(O) termination of a plan by reason of the occurrence of a condition specified in the plan. ``(4) The court may grant relief under this subsection for cause as defined in subparagraphs C, F, G, H, or K of paragraph 3 of this subsection only upon motion of the United States trustee or bankruptcy administrator or upon the courts own motion. ``(5) The court shall commence the hearing on any motion under this subsection not later than 30 days after filing of the motion, and shall decide the motion within 15 days after commencement of the hearing, unless the movant expressly consents to a continuance for a specific period of time or compelling circumstances prevent the court from meeting the time limits established by this paragraph.''. (b) Additional Grounds for Appointment of Trustee or Examiner.-- Section 1104 of title 11, United States Code, is amended by adding at the end the following: ``(e) If grounds exist to convert or dismiss the case under section 1112 of this title, the court may instead appoint a trustee or examiner, if it determines that such appointment is in the best interests of creditors and the estate.''. SEC. 414. STUDY OF OPERATION OF TITLE 11, UNITED STATES CODE, WITH RESPECT TO SMALL BUSINESSES. Not later than 2 years after the date of the enactment of this Act, the Administrator of the Small Business Administration, in consultation with the Attorney General, the Director of the Administrative Office of United States Trustees, and the Director of the Administrative Office of the United States Courts, shall-- (1) conduct a study to determine-- (A) the internal and external factors that cause small businesses, especially sole proprietorships, to become debtors in cases under title 11, United States Code, and that cause certain small businesses to successfully complete cases under chapter 11 of such title; and (B) how Federal laws relating to bankruptcy may be made more effective and efficient in assisting small businesses to remain viable; and (2) submit to the President pro tempore of the Senate and the Speaker of the House of Representatives a report summarizing that study. SEC. 415. PAYMENT OF INTEREST. Section 362(d)(3) of title 11, United States Code, is amended-- (1) by inserting ``or 30 days after the court determines that the debtor is subject to this paragraph, whichever is later'' after ``90-day period)''; and (2) by amending subparagraph (B) to read as follows: ``(B) the debtor has commenced monthly payments (which payments may, in the debtor's sole discretion, notwithstanding section 363(c)(2) of this title, be made from rents or other income generated before or after the commencement of the case by or from the property) to each creditor whose claim is secured by such real estate (other than a claim secured by a judgment lien or by an unmatured statutory lien), which payments are in an amount equal to interest at the then-applicable nondefault contract rate of interest on the value of the creditor's interest in the real estate; or''. TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION. (a) Technical Amendment Relating to Municipalities.--Section 921(d) of title 11, United States Code, is amended by inserting ``notwithstanding section 301(b)'' before the period at the end. (b) Conforming Amendment.--Section 301 of title 11, United States Code, is amended-- (1) by inserting ``(a)'' before ``A voluntary''; and (2) by amending the last sentence to read as follows: ``(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.''. SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9. Section 901(a) of title 11, United States Code, is amended-- (1) by inserting ``555, 556,'' after ``553,''; and (2) by inserting ``559, 560, 561, 562'' after ``557,''. TITLE VI--STREAMLINING THE BANKRUPTCY SYSTEM SEC. 601. CREDITOR REPRESENTATION AT FIRST MEETING OF CREDITORS. Section 341(c) of title 11, United States Code, is amended by inserting after the first sentence the following: ``Notwithstanding any local court rule, provision of a State constitution, any other Federal or State law that is not a bankruptcy law, or other requirement that representation at the meeting of creditors under subsection (a) be by an attorney, a creditor holding a consumer debt or any representative of the creditor (which may include an entity or an employee of an entity and may be a representative for more than one creditor) shall be permitted to appear at and participate in the meeting of creditors and activities related thereto in a case under chapter 7 or 13, either alone or in conjunction with an attorney for the creditor. Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors.''. SEC. 602. AUDIT PROCEDURES. (a) Amendments.--Section 586 of title 28, United States Code, is amended-- (1) in subsection (a) by amending striking paragraph (6) to read as follows: ``(6) make such reports as the Attorney General directs, including the results of audits performed under subsection (f); and''; and (2) by adding at the end the following: ``(f)(1)(A) The Attorney General shall establish procedures to determine the accuracy, veracity, and completeness of petitions, schedules, and other information which the debtor is required to provide under sections 521 and 1322 of title 11, and, if applicable, section 111 of title 11, in individual cases filed under chapter 7 or 13 of such title. Such audits shall be in accordance with generally accepted auditing standards and performed by independent certified public accountants or independent licensed public accountants. ``(B) Those procedures shall-- ``(i) establish a method of selecting appropriate qualified persons to contract to perform those audits; ``(ii) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be selected for audit; ``(iii) require audits for schedules of income and expenses which reflect greater than average variances from the statistical norm of the district in which the schedules were filed; and ``(iv) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits including the percentage of cases, by district, in which a material misstatement of income or expenditures is reported. ``(2) The United States trustee for each district is authorized to contract with auditors to perform audits in cases designated by the United States trustee according to the procedures established under paragraph (1). ``(3)(A) The report of each audit conducted under this subsection shall be filed with the court and transmitted to the United States trustee. Each report shall clearly and conspicuously specify any material misstatement of income or expenditures or of assets identified by the person performing the audit. In any case where a material misstatement of income or expenditures or of assets has been reported, the clerk of the bankruptcy court shall give notice of the misstatement to the creditors in the case. ``(B) If a material misstatement of income or expenditures or of assets is reported, the United States trustee shall-- ``(i) report the material misstatement, if appropriate, to the United States Attorney pursuant to section 3057 of title 18, United States Code; and ``(ii) if advisable, take appropriate action, including but not limited to commencing an adversary proceeding to revoke the debtor's discharge pursuant to section 727(d) of title 11, United States Code.''. (b) Amendments to Section 521 of Title 11, U.S.C.--Section 521(a) of title 11, United States Code, as amended by section 603, is amended in paragraphs (3) and (4) by adding ``or an auditor appointed pursuant to section 586 of title 28, United States Code'' after ``serving in the case''. (c) Amendments to Section 727 of Title 11, U.S.C.--Section 727(d) of title 11, United States Code, is amended-- (1) by deleting ``or'' at the end of paragraph (2); (2) by substituting ``; or'' for the period at the end of paragraph (3); and (3) by adding the following at the end the following: ``(4) the debtor has failed to explain satisfactorily-- ``(A) a material misstatement in an audit performed pursuant to section 586(f) of title 28, United States Code; or ``(B) a failure to make available for inspection all necessary accounts, papers, documents, financial records, files, and all other papers, things, or property belonging to the debtor that are requested for an audit conducted pursuant to section 586(f) of title 28, United States Code.''. (d) Effective Date.--The amendments made by this section shall take effect 18 months after the date of the enactment of this Act. SEC. 603. GIVING CREDITORS FAIR NOTICE IN CHAPTER 7 AND 13 CASES. (a) Notice.--Section 342 of title 11, United States Code, is amended-- (1) in subsection (c)-- (A) by striking ``, but the failure of such notice to contain such information shall not invalidate the legal effect of such notice''; and (B) by adding the following at the end: ``If the credit agreement between the debtor and the creditor or the last communication before the filing of the petition in a voluntary case from the creditor to a debtor who is an individual states an account number of the debtor which is the current account number of the debtor with respect to any debt held by the creditor against the debtor, the debtor shall include such account number in any notice to the creditor required to be given under this title. If the creditor has specified to the debtor an address at which the creditor wishes to receive correspondence regarding the debtor's account, any notice to the creditor required to be given by the debtor under this title shall be given at such address. For the purposes of this section, `notice' shall include, but shall not be limited to, any correspondence from the debtor to the creditor after the commencement of the case, any statement of the debtor's intention under section 521(a)(2) of this title, notice of the commencement of any proceeding in the case to which the creditor is a party, and any notice of the hearing under section 1324 of this title.''; (2) by adding at the end the following: ``(d) At any time, a creditor in a case of an individual debtor under chapter 7 or 13 may file with the court and serve on the debtor a notice of the address to be used to notify the creditor in that case. After 5 days following receipt of such notice, any notice the court or the debtor is required to give the creditor shall be given at that address. ``(e) An entity may file with the court a notice stating its address for notice in cases under chapters 7 and 13. After 30 days following the filing of such notice, any notice in any case filed under chapter 7 or 13 given by the court shall be to that address unless specific notice is given under subsection (d) with respect to a particular case. ``(f) Notice given to a creditor other than as provided in this section shall not be effective notice until it has been brought to the attention of the creditor. If the creditor has designated a person or department to be responsible for receiving notices concerning bankruptcy cases and has established reasonable procedures so that bankruptcy notices received by the creditor will be delivered to such department or person, notice will not be brought to the attention of the creditor until received by such person or department. No sanction under section 362(h) of this title or any other sanction which a court may impose on account of violations of the stay under section 362(a) of this title or failure to comply with section 542 or 543 of this title may be imposed on any action of the creditor unless the action takes place after the creditor has received notice of the commencement of the case effective under this section.''. (b) Debtor's Duties.--Section 521 of title 11, United States Code, as amended by sections 604, 120, and 302, is amended-- (1) by inserting ``(a)'' before ``The debtor shall--''; (2) by striking paragraph (1) and inserting the following: ``(1) file-- ``(A) a list of creditors; and ``(B) unless the court orders otherwise-- ``(i) a schedule of assets and liabilities; ``(ii) a schedule of current monthly income and current expenditures prepared in accordance with section 707(b)(2); ``(iii) a statement of the debtor's financial affairs and, if applicable, a certificate-- ``(I) of an attorney whose name is on the petition as the attorney for the debtor or any bankruptcy petition preparer signing the petition pursuant to section 110(b)(1) of this title indicating that such attorney or bankruptcy petition preparer delivered to the debtor any notice required by section 342(b) of this title; or ``(II) if no attorney for the debtor is indicated and no bankruptcy petition preparer signed the petition, of the debtor that such notice was obtained and read by the debtor; ``(iv) copies of any Federal tax returns, including any schedules or attachments, filed by the debtor for the 3-year period preceding the order for relief; ``(v) copies of all payment advices or other evidence of payment, if any, received by the debtor from any employer of the debtor in the period 60 days prior to the filing of the petition; and ``(vi) a statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of filing;''; and (3) by adding at the end the following: ``(e)(1) At any time, a creditor, in the case of an individual under chapter 7 or 13, may file with the court notice that the creditor requests the petition, schedules, and a statement of affairs filed by the debtor in the case and the court shall make those documents available to the creditor who requests those documents at a reasonable cost within 5 business days after such request. ``(2) At any time, a creditor in a case under chapter 13 may file with the court notice that the creditor requests the plan filed by the debtor in the case, and the court shall make such plan available to the creditor who requests such plan at a reasonable cost and not later than 5 days after such request. ``(f) An individual debtor in a case under chapter 7 or 13 shall file with the court-- ``(1) at the time filed with the taxing authority, all tax returns, including any schedules or attachments, with respect to the period from the commencement of the case until such time as the case is closed; ``(2) at the time filed with the taxing authority, all tax returns, including any schedules or attachments, that were not filed with the taxing authority when the schedules under subsection (a)(1) were filed with respect to the period that is 3 years before the order for relief; ``(3) any amendments to any of the tax returns, including schedules or attachments, described in paragraph (1) or (2); and ``(4) in a case under chapter 13, a statement subject to the penalties of perjury by the debtor of the debtor's current monthly income and expenditures in the preceding tax year and current monthly income less expenditures for the month preceding the statement prepared in accordance with section 707(b)(2) that shows how the amounts are calculated-- ``(A) beginning on the date that is the later of 90 days after the close of the debtor's tax year or 1 year after the order for relief, unless a plan has been confirmed; and ``(B) thereafter, on or before the date that is 45 days before each anniversary of the confirmation of the plan until the case is closed. ``(g)(1) A statement referred to in subsection (f)(4) shall disclose-- ``(A) the amount and sources of income of the debtor; ``(B) the identity of any persons responsible with the debtor for the support of any dependents of the debtor; and ``(C) the identity of any persons who contributed, and the amount contributed, to the household in which the debtor resides. ``(2) The tax returns, amendments, and statement of income and expenditures described in paragraph (1) shall be available to the United States trustee, any bankruptcy administrator, any trustee, and any party in interest for inspection and copying, subject to the requirements of subsection (h). ``(h)(1) Not later than 30 days after the date of the enactment of the Consumer Bankruptcy Reform Act of 1999, the Director of the Administrative Office of the United States Courts shall establish procedures for safeguarding the confidentiality of any tax information required to be provided under this section. ``(2) The procedures under paragraph (1) shall include reasonable restrictions on creditor access to tax information that is required to be provided under this section to verify creditor identity and to restrict use of the information except with respect to the case. ``(3) Not later than 1 year after the date of the enactment of the Consumer Bankruptcy Reform Act of 1999, the Director of the Administrative Office of the United States Courts shall prepare, and submit to Congress a report that-- ``(A) assesses the effectiveness of the procedures under paragraph (1) to provide timely and sufficient information to creditors concerning the case; and ``(B) if appropriate, includes proposed legislation-- ``(i) to further protect the confidentiality of tax information or to make it better available to creditors; and ``(ii) to provide penalties for the improper use by any person of the tax information required to be provided under this section. ``(i) If requested by the United States trustee or a trustee serving in the case, the debtor provide a document that establishes the identity of the debtor, including a driver's license, passport, or other document that contains a photograph of the debtor and such other personal identifying information relating to the debtor that establishes the identity of the debtor.''. (c) Section 1324 of title 11, United States Code, is amended-- (1) by inserting ``(a)'' before ``After''; and (2) by inserting at the end thereof-- ``(c) Whenever a party in interest is given notice of a hearing on the confirmation or modification of a plan under this chapter, such notice shall include the information provided by the debtor on the most recent statement filed with the court pursuant to section 521(a)(1)(B)(ii) or (f)(4) of this title.''. SEC. 604. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR PROVIDE REQUIRED INFORMATION. Section 521 of title 11, United States Code, as amended by section 603 is amended by inserting after subsection (a) the following: ``(b)(1) Notwithstanding section 707(a) of this title, and subject to paragraph (2), if an individual debtor in a voluntary case under chapter 7 or 13 fails to file all of the information required under subsection (a)(1) within 45 days after the filing of the petition commencing the case, the case shall be automatically dismissed effective on the 46th day after the filing of the petition. ``(2) With respect to a case described in paragraph (1), any party in interest may request the court to enter an order dismissing the case. The court shall, if so requested, enter an order of dismissal not later than 5 days after such request. ``(3) Upon request of the debtor made within 45 days after the filing of the petition commencing a case described in paragraph (1), the court may allow the debtor an additional period not to exceed 45 days to file the information required under subsection (a)(1) if the court finds justification for extending the period for the filing.''. SEC. 605. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN. (a) Hearing.--Section 1324 of title 11, United States Code, is amended-- (1) by striking ``After'' and inserting the following: ``(a) Except as provided in subsection (b) and after''; and (2) by adding at the end the following: ``(b) The hearing on confirmation of the plan may be held not earlier than 20 days, and not later than 45 days, after the meeting of creditors under section 341(a) of this title.''. SEC. 606. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN CERTAIN CASES. Title 11, United States Code, is amended-- (1) by amending section 1322(d) to read as follows: ``(d) If the current monthly income of the debtor and the debtor's spouse combined, when multiplied by 12, is not less than the highest national median family income last reported by the Bureau of the Census for a family of equal or lesser size or, in the case of a household of one person, not less than the national median household income for one earner, the plan may not provide for payments over a period that is longer than 5 years. If the current monthly income of the debtor and the debtor's spouse combined, when multiplied by 12, is less than the highest national median family income for a family of equal or lesser size, or in the case of a household of one person, the national median household income for one earner, the plan may not provide for payments over a period that is longer than 3 years, unless the court, for cause, approves a longer period, but the court may not approve a period that is longer than 5 years. Notwithstanding the foregoing, the national median family income for a family of more than four individuals shall be the national median family income last reported by the Bureau of the Census for a family of four individuals plus $583 for each additional member of the family.''; (2) in section 1325(b)(1)(B) as amended by section 130-- (A) by striking ``three year period'' and inserting ``applicable commitment period''; and (B) by inserting at the end of subparagraph (B) the following: ``The `applicable commitment period' shall be not less than 5 years if the current monthly income of the debtor and the debtor's spouse combined, when multiplied by 12, is not less than the highest national median family income last reported by the Bureau of the Census for a family of equal or lesser size, or in the case of a household of one person, the national median household income for one earner. Notwithstanding the foregoing, the national median family income for a family of more than four individuals shall be the national median family income last reported by the Bureau of the Census for a family of four individuals plus $583 for each additional member of the family.''; and (3) in section 1329-- (A) by striking in subsection (c) ``three years'' and inserting ``the applicable commitment period under section 1325(b)(1)(B)''; and (B) by inserting at the end of subsection (c) the following: ``The duration period shall be 5 years if the current monthly income of the debtor and the debtor's spouse combined, when multiplied by 12, is not less than the highest national median family income last reported by the Bureau of the Census for a family of equal or lesser size or, in the case of a household of one person, the national median household income for one earner, as of the date of the modification and shall be 3 years if the current monthly total income of the debtor and the debtor's spouse combined, when multiplied by 12, is less than the highest national median family income last reported by the Bureau of the Census for a family of equal or lesser size or, in the case of a household of one person, less than the national median household income for one earner as of the date of the modification. Notwithstanding the foregoing, the national median family income for a family of more than four individuals shall be the national median family income last reported by the Bureau of the Census for a family of four individuals plus $583 for each additional member of the family.''. SEC. 607. SENSE OF THE CONGRESS REGARDING EXPANSION OF RULE 9011 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE. It is the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure (11 U.S.C. App) should be modified to include a requirement that all documents (including schedules), signed and unsigned, submitted to the court or to a trustee by debtors who represent themselves and debtors who are represented by an attorney be submitted only after the debtor or the debtor's attorney has made reasonable inquiry to verify that the information contained in such documents is well grounded in fact, and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law. SEC. 608. ELIMINATION OF CERTAIN FEES PAYABLE IN CHAPTER 11 BANKRUPTCY CASES. (a) Amendments.--Section 1930(a)(6) of title 28, United States Code, is amended-- (1) in the first sentence by striking ``until the case is converted or dismissed, whichever occurs first''; and (2) in the second sentence-- (A) by striking ``The'' and inserting ``Until the plan is confirmed or the case is converted (whichever occurs first) the''; and (B) by striking ``less than $300,000;'' and inserting ``less than $300,000. Until the case is converted, dismissed, or closed (whichever occurs first and without regard to confirmation of the plan) the fee shall be''. (b) Delayed Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 1999. SEC. 609. STUDY OF BANKRUPTCY IMPACT OF CREDIT EXTENDED TO DEPENDENT STUDENTS. Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study regarding the impact that the extension of credit to individuals who are-- (A) claimed as dependents for purposes of the Internal Revenue Code of 1986; and (B) enrolled in post-secondary educational institutions, has on the rate of cases filed under title 11, United States Code; and (2) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report summarizing such study. SEC. 610. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES. Section 362(e) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end the following: ``(2) Notwithstanding paragraph (1), in the case of an individual filing under chapter 7, 11, or 13, the stay under subsection (a) shall terminate on the date that is 60 days after a request is made by a party in interest under subsection (d), unless-- ``(A) a final decision is rendered by the court during the 60-day period beginning on the date of the request; or ``(B) that 60-day period is extended-- ``(i) by agreement of all parties in interest; or ``(ii) by the court for such specific period of time as the court finds is required by for good cause as described in findings made by the court.''. SEC. 611. STOPPING ABUSIVE CONVERSIONS FROM CHAPTER 13. Section 348(f)(1) of title 11, United States Code, is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B)-- (A) by striking ``in the converted case, with allowed secured claims'' and inserting ``only in a case converted to chapter 11 or 12 but not in a case converted to chapter 7, with allowed secured claims in cases under chapters 11 and 12''; and (B) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(C) with respect to cases converted from chapter 13-- ``(i) 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 such claim determined under applicable nonbankruptcy law has been paid in full as of the date of conversion, notwithstanding any valuation or determination of the amount of an allowed secured claim made for the purposes of the chapter 13 proceeding; and ``(ii) unless a prebankruptcy default has been fully cured pursuant to the plan at the time of conversion, in any proceeding under this title or otherwise, the default shall have the effect given under applicable nonbankruptcy law.''. SEC. 612. BANKRUPTCY APPEALS. (a) Appeals.--Title 28, United States Code, is amended by inserting after section 1292 the following: ``Sec. 1293. Bankruptcy appeals ``(a) The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from the following: ``(1) Final orders and judgments entered by bankruptcy courts and district courts in cases under title 11, in proceedings arising under title 11, and in proceedings arising in or related to a case under title 11, including final orders in proceedings regarding the automatic stay of section 362 of title 11, United States Code. ``(2) Interlocutory orders entered by bankruptcy courts and district courts granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions in cases under title 11, in proceedings arising under title 11, and in proceedings arising in or related to a case under title 11, other than interlocutory orders in proceedings regarding the automatic stay of section 362 of title 11, United States Code. ``(3) Interlocutory orders of bankruptcy courts and district courts entered under section 1104(a) or 1121(d) of title 11, or the refusal to enter an order under such section. ``(4) An interlocutory order of a bankruptcy court or district court entered in a case under title 11, in a proceeding arising under title 11, or in a proceeding arising in or related to a case under title 11, if the court of appeals that would have jurisdiction of an appeal of a final order entered in such case or such proceeding permits, in its discretion, appeal to be taken from such interlocutory order. ``(5) Final decisions, judgments, orders, and decrees entered by a bankruptcy appellate panel under subsection (b) of this section. ``(b)(1) The judicial council of a circuit may establish a bankruptcy appellate panel composed of bankruptcy judges in the circuit who are appointed by the judicial council, which panel shall exercise the jurisdiction to review orders and judgments of bankruptcy courts described in paragraphs (1) through (5) of subsection (a) of this section unless-- ``(A) the appellant elects at the time of filing the appeal; or ``(B) any other party elects, not later than 10 days after service of the notice of the appeal, to have such jurisdiction exercised by the court of appeals. ``(2) An appeal to be heard by a bankruptcy appellate panel under paragraph (1) shall be heard by three members of the bankruptcy appellate panel, provided that a member of such panel may not hear an appeal originating in the district for which such member is appointed or designated under section 152 of this title. ``(3) If authorized by the Judicial Conference of the United States, the judicial councils of two or more circuits may establish a joint bankruptcy appellate panel.''. (b) Procedural Rules.--Until rules of practice and procedure are promulgated or amended pursuant to the Rules Enabling Act (28 U.S.C. 2071-77) to govern appeals to a bankruptcy appellate panel or to a court of appeals exercising jurisdiction pursuant to section 1293 of title 28, as added by this Act, the following shall apply: (1) A notice of appeal with respect to an appeal from an order or judgment of a bankruptcy court to a court of appeals or a bankruptcy appellate panel must be filed within the time provided in Rule 8002 of the Federal Rules of Bankruptcy Procedure. (2) An appeal to a bankruptcy appellate panel shall be taken in the manner provided in Part VIII of the Federal Rules of Bankruptcy Procedure and local court rules. (3) An appeal from an order or judgment of a bankruptcy court directly to a court of appeals shall be governed by the rules of practice and procedure that apply to a civil appeal from a judgment of a district court exercising original jurisdiction, as if the bankruptcy court were a district court, except as provided in paragraph (1) regarding the time to appeal or by local court rules. (4) An appeal to a court of appeals from a decision, judgment, order, or decree entered by a bankruptcy appellate panel exercising appellate jurisdiction shall be taken in the manner provided by Rule 6(b) of the Federal Rules of Appellate Procedure. (c) Repealer.--(1) Section 158 of title 28, United States Code, is repealed. (2) The table of sections of chapter 6 of title 28, United States Code, is amended by striking the item relating to section 158. SEC. 613. GAO STUDY. (a) Study.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of the feasibility, effectiveness, and cost of requiring trustees appointed under title 11, United States Code, or the bankruptcy courts, to provide to the Office of Child Support Enforcement promptly after the commencement of cases by individual debtors under such title, the names and social security numbers of such debtors for the purposes of allowing such Office to determine whether such debtors have outstanding obligations for child support (as determined on the basis of information in the Federal Case Registry or other national database). (b) Report.--Not later than 300 days after the date of the enactment of this Act, the Comptroller General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report containing the results of the study required by subsection (a). SEC. 614. COMPENSATING TRUSTEES. Title 11, United States Code, is amended-- (1) in section 104(b)(1) in the material preceding subparagraph (A)-- (A) by striking ``and''; and (B) by inserting ``, 1326(b)(3)'' before ``immediately''; (2) in section 326, by inserting at the end the following: ``(e) Notwithstanding any other provision of this section, the court shall allow reasonable compensation under section 330(a) of this title for the services and expenses of the trustee in taking the actions described in paragraphs (1) and (2) if-- ``(1) a trustee in a chapter 7 case commences a motion to dismiss or convert under section 707(b) and such motion is granted; or ``(2) the trustee demonstrates by a preponderance of the evidence that the case was converted or dismissed because of the trustee's actions.''; and (3) in section 1326(b)-- (A) in paragraph (1), by striking ``and''; (B) in paragraph (2), by striking the period at the end thereof and inserting ``; and''; and (C) by adding at the end the following: ``(3)(A) the amount of the compensation described in subclauses (I) and (II) which is unpaid at the time of each such payment, prorated over the remaining duration of the plan-- ``(i) and which has been allowed in a case-- ``(I) converted to this chapter; or ``(II) dismissed from chapter 7 in which the debtor in this case was a debtor, whether dismissed voluntarily by the debtor or on motion of the trustee under section 707(b); ``(ii) but only to the extent such compensation has been allowed to a chapter 7 trustee under section 326(e); ``(B) the compensation payable to the chapter 7 trustee in the case under this chapter shall not exceed the greater of the trustee fee allowed pursuant to section 330 of this title plus-- ``(i) $25 per month; or ``(ii) the amount payable to unsecured nonpriority creditors as provided by the plan multiplied by 5 percent, and the result divided by the number of months in the plan; and ``(C) notwithstanding any other provision of this title, any such compensation awarded to a chapter 7 trustee in a converted or dismissed case shall be payable and may be collected in a case under this chapter-- ``(i) even if such amount has been discharged in a prior proceeding under this title; and ``(ii) only to the extent permitted by this section.''. TITLE VII--BANKRUPTCY DATA SEC. 701. IMPROVED BANKRUPTCY STATISTICS. (a) Amendment.--Chapter 6 of part I of title 28, United States Code, is amended by adding at the end the following: ``Sec. 159. Bankruptcy statistics ``(a) The clerk of each district shall compile statistics regarding individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13 of title 11. Those statistics shall be in a form prescribed by the Director of the Administrative Office of the United States Courts (referred to in this section as the `Office'). ``(b) The Director shall-- ``(1) compile the statistics referred to in subsection (a); ``(2) make the statistics available to the public; and ``(3) not later than October 31, 2000, and annually thereafter, prepare, and submit to Congress a report concerning the information collected under subsection (a) that contains an analysis of the information. ``(c) The compilation required under subsection (b) shall-- ``(1) be itemized, by chapter, with respect to title 11, United States Code; ``(2) be presented in the aggregate and for each district; and ``(3) include information concerning-- ``(A) the total assets and total liabilities of the debtors described in subsection (a), and in each category of assets and liabilities, as reported in the schedules prescribed pursuant to section 2075 of this title and filed by those debtors; ``(B) the current monthly income, and average income and average expenses of those debtors as reported on the schedules and statements that each such debtor files under sections 521 and 1322 of title 11, United States Code; ``(C) the aggregate amount of debt discharged in the reporting period, determined as the difference between the total amount of debt and obligations of a debtor reported on the schedules and the amount of such debt reported in categories which are predominantly nondischargeable; ``(D) the average period of time between the filing of the petition and the closing of the case; ``(E) for the reporting period-- ``(i) the number of cases in which a reaffirmation was filed; and ``(ii)(I) the total number of reaffirmations filed; ``(II) of those cases in which a reaffirmation was filed, the number in which the debtor was not represented by an attorney; and ``(III) of those cases, the number of cases in which the reaffirmation was approved by the court; ``(F) with respect to cases filed under chapter 13 of title 11, for the reporting period-- ``(i)(I) the number of cases in which a final order was entered determining the value of property securing a claim in an amount less than the amount of the claim; and ``(II) the number of final orders determining the value of property securing a claim issued; ``(ii) the number of cases dismissed, the number of cases dismissed for failure to make payments under the plan, the number of cases refiled after dismissal, and the number of cases in which the plan was completed, separately itemized with respect to the number of modifications made before completion of the plan, if any; and ``(iii) the number of cases in which the debtor filed another case within the 6 years previous to the filing; ``(G) the number of cases in which creditors were fined for misconduct and any amount of punitive damages awarded by the court for creditor misconduct; and ``(H) the number of cases in which sanctions under rule 9011 of the Federal Rules of Bankruptcy Procedure were imposed against debtor's counsel and damages awarded under such Rule.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 6 of title 28, United States Code, is amended by adding at the end the following: ``159. Bankruptcy statistics.''. (c) Effective Date.--The amendments made by this section shall take effect 18 months after the date of the enactment of this Act. SEC. 702. UNIFORM RULES FOR THE COLLECTION OF BANKRUPTCY DATA. (a) Amendment.--Title 28, United States Code, is amended by inserting after section 589a the following: ``Sec. 589b. Bankruptcy data ``(a) Rules.--The Attorney General shall, within a reasonable time after the effective date of this section, issue rules requiring uniform forms for (and from time to time thereafter to appropriately modify and approve)-- ``(1) final reports by trustees in cases under chapters 7, 12, and 13 of title 11, United States Code; and ``(2) periodic reports by debtors in possession or trustees, as the case may be, in cases under chapter 11 of title 11, United States Code. ``(b) Reports.--All reports referred to in subsection (a) shall be designed (and the requirements as to place and manner of filing shall be established) so as to facilitate compilation of data and maximum possible access of the public, both by physical inspection at one or more central filing locations, and by electronic access through the Internet or other appropriate media. ``(c) Required Information.--The information required to be filed in the reports referred to in subsection (b) shall be that which is in the best interests of debtors and creditors, and in the public interest in reasonable and adequate information to evaluate the efficiency and practicality of the Federal bankruptcy system. In issuing rules proposing the forms referred to in subsection (a), the Attorney General shall strike the best achievable practical balance between-- ``(1) the reasonable needs of the public for information about the operational results of the Federal bankruptcy system; and ``(2) economy, simplicity, and lack of undue burden on persons with a duty to file reports. ``(d) Final Reports.--Final reports proposed for adoption by trustees under chapters 7, 12, and 13 of title 11 shall, in addition to such other matters as are required by law or as the Attorney General in the discretion of the Attorney General, shall propose, include with respect to a case under such title-- ``(1) information about the length of time the case was pending; ``(2) assets abandoned; ``(3) assets exempted; ``(4) receipts and disbursements of the estate; ``(5) expenses of administration; ``(6) claims asserted; ``(7) claims allowed; and ``(8) distributions to claimants and claims discharged without payment, in each case by appropriate category and, in cases under chapters 12 and 13 of title 11, date of confirmation of the plan, each modification thereto, and defaults by the debtor in performance under the plan. ``(e) Periodic Reports.--Periodic reports proposed for adoption by trustees or debtors in possession under chapter 11 of title 11 shall, in addition to such other matters as are required by law or as the Attorney General, in the discretion of the Attorney General, shall propose, include-- ``(1) information about the standard industry classification, published by the Department of Commerce, for the businesses conducted by the debtor; ``(2) length of time the case has been pending; ``(3) number of full-time employees as at the date of the order for relief and at end of each reporting period since the case was filed; ``(4) cash receipts, cash disbursements and profitability of the debtor for the most recent period and cumulatively since the date of the order for relief; ``(5) compliance with title 11, whether or not tax returns and tax payments since the date of the order for relief have been timely filed and made; ``(6) all professional fees approved by the court in the case for the most recent period and cumulatively since the date of the order for relief (separately reported, in for the professional fees incurred by or on behalf of the debtor, between those that would have been incurred absent a bankruptcy case and those not); and ``(7) plans of reorganization filed and confirmed and, with respect thereto, by class, the recoveries of the holders, expressed in aggregate dollar values and, in the case of claims, as a percentage of total claims of the class allowed.''. (b) Technical Amendment.--The table of sections of chapter 39 of title 28, United States Code, is amended by adding at the end the following: ``589b. Bankruptcy data.''. SEC. 703. SENSE OF THE CONGRESS REGARDING AVAILABILITY OF BANKRUPTCY DATA. It is the sense of the Congress that-- (1) the national policy of the United States should be that all data held by bankruptcy clerks in electronic form, to the extent such data reflects only public records (as defined in section 107 of title 11, United States Code), should be released in a usable electronic form in bulk to the public subject to such appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; and (2) there should be established a bankruptcy data system in which-- (A) a single set of data definitions and forms are used to collect data nationwide; and (B) data for any particular bankruptcy case are aggregated in the same electronic record. TITLE VIII--BANKRUPTCY TAX PROVISIONS SEC. 801. TREATMENT OF CERTAIN LIENS. (a) Treatment of Certain Liens.--Section 724 of title 11, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by inserting ``(other than to the extent that there is a properly perfected unavoidable tax lien arising in connection with an ad valorem tax on real or personal property of the estate)'' after ``under this title''; (2) in subsection (b)(2), after ``507(a)(1)'', insert ``(except that such expenses, other than claims for wages, salaries, or commissions which arise after the filing of a petition, shall be limited to expenses incurred under chapter 7 of this title and shall not include expenses incurred under chapter 11 of this title)''; and (3) by adding at the end the following: ``(e) Before subordinating a tax lien on real or personal property of the estate, the trustee shall-- ``(1) exhaust the unencumbered assets of the estate; and ``(2) in a manner consistent with section 506(c) of this title, recover from property securing an allowed secured claim the reasonable, necessary costs and expenses of preserving or disposing of that property. ``(f) Notwithstanding the exclusion of ad valorem tax liens set forth in this section and subject to the requirements of subsection (e)-- ``(1) claims for wages, salaries, and commissions that are entitled to priority under section 507(a)(3) of this title; or ``(2) claims for contributions to an employee benefit plan entitled to priority under section 507(a)(4) of this title, may be paid from property of the estate which secures a tax lien, or the proceeds of such property.''. (b) Determination of Tax Liability.--Section 505(a)(2) of title 11, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) the amount or legality of any amount arising in connection with an ad valorem tax on real or personal property of the estate, if the applicable period for contesting or redetermining that amount under any law (other than a bankruptcy law) has expired.''. SEC. 802. EFFECTIVE NOTICE TO GOVERNMENT. (a) Effective Notice to Governmental Units.--Section 342 of title 11, United States Code, as amended by section 603, is amended by adding at the end the following: ``(g) If a debtor lists a governmental unit as a creditor in a list or schedule, any notice required to be given by the debtor under this title, any rule, any applicable law, or any order of the court, shall identify the department, agency, or instrumentality through which the debtor is indebted. The debtor shall identify (with information such as a taxpayer identification number, loan, account or contract number, or real estate parcel number, where applicable), and describe the underlying basis for the governmental unit's claim. If the debtor's liability to a governmental unit arises from a debt or obligation owed or incurred by another individual, entity, or organization, or under a different name, the debtor shall identify such individual, entity, organization, or name. ``(h) The clerk shall keep and update quarterly, in the form and manner as the Director of the Administrative Office of the United States Courts prescribes, and make available to debtors, a register in which a governmental unit may designate a safe harbor mailing address for service of notice in cases pending in the district. A governmental unit may file a statement with the clerk designating a safe harbor address to which notices are to be sent, unless such governmental unit files a notice of change of address.''. (b) Adoption of Rules Providing Notice.--The Advisory Committee on Bankruptcy Rules of the Judicial Conference shall, within a reasonable period of time after the date of the enactment of this Act, propose for adoption enhanced rules for providing notice to State, Federal, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. Such rules shall be reasonably calculated to ensure that notice will reach the representatives of the governmental unit, or subdivision thereof, who will be the proper persons authorized to act upon the notice. At a minimum, the rules should require that the debtor-- (1) identify in the schedules and the notice, the subdivision, agency, or entity in respect of which such notice should be received; (2) provide sufficient information (such as case captions, permit numbers, taxpayer identification numbers, or similar identifying information) to permit the governmental unit or subdivision thereof, entitled to receive such notice, to identify the debtor or the person or entity on behalf of which the debtor is providing notice where the debtor may be a successor in interest or may not be the same as the person or entity which incurred the debt or obligation; and (3) identify, in appropriate schedules, served together with the notice, the property in respect of which the claim or regulatory obligation may have arisen, if any, the nature of such claim or regulatory obligation and the purpose for which notice is being given. (c) Effect of Failure of Notice.--Section 342 of title 11, United States Code, as amended by section 603 and subsection (a), is amended by adding at the end the following: ``(i) A notice that does not comply with subsections (d) and (e) shall not be effective unless the debtor demonstrates, by clear and convincing evidence, that timely notice was given in a manner reasonably calculated to satisfy the requirements of this section was given, and that-- ``(1) either the notice was timely sent to the safe harbor address provided in the register maintained by the clerk of the district in which the case was pending for such purposes; or ``(2) no safe harbor address was provided in such list for the governmental unit and that an officer of the governmental unit who is responsible for the matter or claim had actual knowledge of the case in sufficient time to act.''. SEC. 803. NOTICE OF REQUEST FOR A DETERMINATION OF TAXES. Section 505(b) of title 11, United States Code, is amended by striking ``Unless'' at the beginning of the second sentence thereof and inserting ``If the request is made substantially in the manner designated by the governmental unit and unless''. SEC. 804. RATE OF INTEREST ON TAX CLAIMS. (a) Amendment.--Chapter 5 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 511. Rate of interest on tax claims ``If any provision of this title requires the payment of interest on a tax claim or requires the payment of interest to enable a creditor to receive the present value of the allowed amount of a tax claim, the rate of interest shall be as follows: ``(1) In the case of ad valorem tax claims, whether secured or unsecured, other unsecured tax claims where interest is required to be paid under section 726(a)(5) of this title, secured tax claims, and administrative tax claims paid under section 503(b)(1) of this title, the rate shall be determined under applicable nonbankruptcy law. ``(2) In the case of all other tax claims, the minimum rate of interest shall be the Federal short-term rate rounded to the nearest full percent, determined under section 1274(d) of the Internal Revenue Code of 1986, plus 3 percentage points. ``(A) In the case of claims for Federal income taxes, such rate shall be subject to any adjustment that may be required under section 6621(d) of the Internal Revenue Code of 1986. ``(B) In the case of taxes paid under a confirmed plan or reorganization, such rate shall be determined as of the calendar month in which the plan is confirmed.''. (b) Conforming Amendment.--The table of sections of chapter 5 of title 11, United States Code, is amended by inserting after the item relating to section 510 the following: ``511. Rate of interest on tax claims.''. SEC. 805. TOLLING OF PRIORITY OF TAX CLAIM TIME PERIODS. Section 507(a)(8)(A) of title 11, United States Code, as so redesignated, is amended-- (1) in clause (i) by inserting after ``petition'' and before the semicolon ``, plus any time, plus 6 months, during which the stay of proceedings was in effect in a prior case under this title''; and (2) amend clause (ii) to read as follows: ``(ii) assessed within 240 days before the date of the filing of the petition, exclusive of-- ``(I) any time plus 30 days during which an offer in compromise with respect of such tax, was pending or in effect during such 240-day period; ``(II) any time plus 30 days during which an installment agreement with respect of such tax was pending or in effect during such 240-day period, up to 1 year; and ``(III) any time plus 6 months during which a stay of proceedings against collections was in effect in a prior case under this title during such 240-day period.''. SEC. 806. PRIORITY PROPERTY TAXES INCURRED. Section 507(a)(8)(B) of title 11, United States Code, is amended by striking ``assessed'' and inserting ``incurred''. SEC. 807. CHAPTER 13 DISCHARGE OF FRAUDULENT AND OTHER TAXES. Section 1328(a)(2) of title 11, United States Code, is amended by inserting ``(1),'' after ``paragraph''. SEC. 808. CHAPTER 11 DISCHARGE OF FRAUDULENT TAXES. Section 1141(d) of title 11, United States Code, is amended by adding at the end the following: ``(6) Notwithstanding the provisions of paragraph (1), the confirmation of a plan does not discharge a debtor which is a corporation from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax.''. SEC. 809. STAY OF TAX PROCEEDINGS. (a) Section 362 Stay Limited to Prepetition Taxes.--Section 362(a)(8) of title 11, United States Code, is amended by striking the period at the end and inserting ``, in respect of a tax liability for a taxable period ending before the order for relief.''. (b) Appeal of Tax Court Decisions Permitted.--Section 362(b)(9) of title 11, United States Code, is amended-- (1) in subparagraph (C) by striking ``or'' at the end; (2) in subparagraph (D) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(E) the appeal of a decision by a court or administrative tribunal which determines a tax liability of the debtor without regard to whether such determination was made prepetition or postpetition.''. SEC. 810. PERIODIC PAYMENT OF TAXES IN CHAPTER 11 CASES. Section 1129(a)(9) of title 11, United States Code, is amended-- (1) in subparagraph (B) by striking ``and'' at the end; and (2) in subparagraph (C)-- (A) by striking ``deferred cash payments, over a period not exceeding six years after the date of assessment of such claim,'' and inserting ``regular installment payments in cash, 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,''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) with respect to a secured claim which would be described in section 507(a)(8) of this title but for its secured status, the holder of such claim will receive on account of such claim cash payments of not less than is required in subparagraph (C) and over a period no greater than is required in such subparagraph.''. SEC. 811. AVOIDANCE OF STATUTORY TAX LIENS PROHIBITED. Section 545(2) of title 11, United States Code, is amended by striking the semicolon at the end and inserting ``, except where such purchaser is a purchaser described in section 6323 of the Internal Revenue Code of 1986 or similar provision of State or local law;''. SEC. 812. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS. (a) Payment of Taxes Required.--Section 960 of title 28, United States Code, is amended-- (1) by inserting ``(a)'' before ``Any''; and (2) by adding at the end the following: ``(b) Such taxes shall be paid when due in the conduct of such business unless-- ``(1) the tax is a property tax secured by a lien against property that is abandoned within a reasonable time after the lien attaches, by the trustee of a bankruptcy estate, pursuant to section 554 of title 11, United States Code; or ``(2) payment of the tax is excused under a specific provision of title 11, United States Code. ``(c) In a case pending under chapter 7 of title 11, payment of a tax may be deferred until final distribution is made under section 726 of title 11, United States Code, if-- ``(1) the tax was not incurred by a trustee duly appointed under chapter 7 of title 11, United States Code; or ``(2) before the due date of the tax, the court has made a finding of probable insufficiency of funds of the estate to pay in full the administrative expenses allowed under section 503(b) of title 11 that have the same priority in distribution under section 726(b) of title 11 as such tax.''. (b) Payment of Ad Valorem Taxes Required.--Section 503(b)(1)(B) of title 11, United States Code, is amended in clause (i) by inserting after ``estate,'' and before ``except'' the following: ``whether secured or unsecured, including property taxes for which liability is in rem only, in personam or both,''. (c) Request for Payment of Administrative Expense Taxes Eliminated.--Section 503(b)(1) of title 11, United States Code, is amended by adding at the end the following: ``(D) notwithstanding the requirements of subsection (a) of this section, a governmental unit shall not be required to file a request for the payment of a claim described in subparagraph (B) or (C);''. (d) Payment of Taxes and Fees as Secured Claims.--Section 506 of title 11, United States Code, is amended-- (1) in subsection (b) by inserting ``or State statute'' after ``agreement''; and (2) in subsection (c) by inserting ``, including the payment of all ad valorem property taxes in respect of the property'' before the period at the end. SEC. 813. TARDILY FILED PRIORITY TAX CLAIMS. Section 726(a)(1) of title 11, United States Code, is amended by striking ``before the date on which the trustee commences distribution under this section'' and inserting ``on or before the earlier of 10 days after the mailing to creditors of the summary of the trustee's final report or the date on which the trustee commences final distribution under this section''. SEC. 814. INCOME TAX RETURNS PREPARED BY TAX AUTHORITIES. Section 523(a)(1)(B) of title 11, United States Code, is amended-- (1) by inserting ``or equivalent report or notice,'' after ``a return,''; (2) in clause (i)-- (A) by inserting ``or given'' after ``filed''; and (B) by striking ``or'' at the end; (3) in clause (ii)-- (A) by inserting ``or given'' after ``filed''; and (B) by inserting ``, report, or notice'' after ``return''; and (4) by adding at the end the following: ``(iii) for purposes of this subsection, a return-- ``(I) must satisfy the requirements of applicable nonbankruptcy law, and includes a return prepared pursuant to section 6020(a) of the Internal Revenue Code of 1986, or similar State or local law, or a written stipulation to a judgment entered by a nonbankruptcy tribunal, but does not include a return made pursuant to section 6020(b) of the Internal Revenue Code of 1986, or similar State or local law; and ``(II) must have been filed in a manner permitted by applicable nonbankruptcy law; or''. SEC. 815. DISCHARGE OF THE ESTATE'S LIABILITY FOR UNPAID TAXES. Section 505(b) of title 11, United States Code, is amended in the second sentence by inserting ``the estate,'' after ``misrepresentation,''. SEC. 816. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 13 PLANS. (a) Filing of Prepetition Tax Returns Required for Plan Confirmation.--Section 1325(a) of title 11, United States Code, as amended by section 140, is amended-- (1) in paragraph (6) by striking ``and'' at the end; (2) in paragraph (7) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) if the debtor has filed all Federal, State, and local tax returns as required by section 1308 of this title.''. (b) Additional Time Permitted for Filing Tax Returns.--(1) Chapter 13 of title 11, United States Code, as amended by section 135, is amended by adding at the end the following: ``Sec. 1308. Filing of prepetition tax returns ``(a) On or before the day prior to the day on which the first meeting of the creditors is convened under section 341(a) of this title, the debtor shall have filed with appropriate tax authorities all tax returns for all taxable periods ending in the 3-year period ending on the date of filing of the petition. ``(b) If the tax returns required by subsection (a) have not been filed by the date on which the first meeting of creditors is convened under section 341(a) of this title, the trustee may continue such meeting for a reasonable period of time, to allow the debtor additional time to file any unfiled returns, but such additional time shall be no more than-- ``(1) for returns that are past due as of the date of the filing of the petition, 120 days from such date; ``(2) for returns which are not past due as of the date of the filing of the petition, the later of 120 days from such date or the due date for such returns under the last automatic extension of time for filing such returns to which the debtor is entitled, and for which request has been timely made, according to applicable nonbankruptcy law; and ``(3) upon notice and hearing, and order entered before the lapse of any deadline fixed according to this subsection, where the debtor demonstrates, by clear and convincing evidence, that the failure to file the returns as required is because of circumstances beyond the control of the debtor, the court may extend the deadlines set by the trustee as provided in this subsection for-- ``(A) a period of no more than 30 days for returns described in paragraph (1) of this subsection; and ``(B) for no more than the period of time ending on the applicable extended due date for the returns described in paragraph (2). ``(c) For purposes of this section only, a return includes a return prepared pursuant to section 6020 (a) or (b) of the Internal Revenue Code of 1986 or similar State or local law, or a written stipulation to a judgment entered by a nonbankruptcy tribunal.''. (2) The table of sections of chapter 13 of title 11, United States Code, is amended by inserting after the item relating to section 1307 the following: ``1308. Filing of prepetition tax returns.''. (c) Dismissal or Conversion on Failure To Comply.--Section 1307 of title 11, United States Code, is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: ``(e) Upon the failure of the debtor to file tax returns under section 1308 of this title, on request of a party in interest or the United States trustee and after notice and a hearing, the court shall dismiss a case or convert a case under this chapter to a case under chapter 7 of this title, whichever is in the best interests of creditors and the estate.''. (d) Timely Filed Claims.--Section 502(b)(9) of title 11, United States Code, is amended by striking the period at the end and inserting ``, and except that in a case under chapter 13 of this title, a claim of a governmental unit for a tax in respect of a return filed under section 1308 of this title shall be timely if it is filed on or before 60 days after such return or returns were filed as required.''. (e) Rules for Objections to Claims and to Confirmation.--It is the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should, within a reasonable period of time after the date of the enactment of this Act, propose for adoption amended Federal Rules of Bankruptcy Procedure which provide that-- (1) notwithstanding the provisions of Rule 3015(f), in cases under chapter 13 of title 11, United States Code, a governmental unit may object to the confirmation of a plan on or before 60 days after the debtor files all tax returns required under sections 1308 and 1325(a)(7) of title 11, United States Code; and (2) in addition to the provisions of Rule 3007, in a case under chapter 13 of title 11, United States Code, no objection to a tax in respect of a return required to be filed under such section 1308 shall be filed until such return has been filed as required. SEC. 817. STANDARDS FOR TAX DISCLOSURE. Section 1125(a) of title 11, United States Code, is amended in paragraph (1)-- (1) by inserting after ``records,'' the following: ``including a full discussion of the potential material Federal, State, and local tax consequences of the plan to the debtor, any successor to the debtor, and 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,''; (2) by inserting ``such'' after ``enable''; and (3) by striking ``reasonable'' where it appears after ``hypothetical'' and by striking ``typical of holders of claims or interests'' after ``investor''. SEC. 818. SETOFF OF TAX REFUNDS. Section 362(b) of title 11, United States Code, as amended by sections 118, 132, 136, and 203, is amended-- (1) in paragraph (29) by striking ``or''; (2) in paragraph (30) by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (30) the following: ``(31) under subsection (a) of the setoff of an income tax refund, by a governmental unit, in respect of a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief, unless-- ``(A) prior to such setoff, an action to determine the amount or legality of such tax liability under section 505(a) was commenced; or ``(B) where the setoff of an income tax refund is not permitted because of a pending action to determine the amount or legality of a tax liability, the governmental unit may hold the refund pending the resolution of the action.''. TITLE IX--ANCILLARY AND OTHER CROSS-BORDER CASES SEC. 901. AMENDMENT TO ADD CHAPTER 15 TO TITLE 11, UNITED STATES CODE. (a) In General.--Title 11, United States Code, is amended by inserting after chapter 13 the following: ``CHAPTER 15--ANCILLARY AND OTHER CROSS-BORDER CASES ``Sec. ``1501. Purpose and scope of application. ``SUBCHAPTER I--GENERAL PROVISIONS ``1502. Definitions. ``1503. International obligations of the United States. ``1504. Commencement of ancillary case. ``1505. Authorization to act in a foreign country. ``1506. Public policy exception. ``1507. Additional assistance. ``1508. Interpretation. ``SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT ``1509. Right of direct access. ``1510. Limited jurisdiction. ``1511. Commencement of case under section 301 or 303. ``1512. Participation of a foreign representative in a case under this title. ``1513. Access of foreign creditors to a case under this title. ``1514. Notification to foreign creditors concerning a case under this title. ``SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF ``1515. Application for recognition of a foreign proceeding. ``1516. Presumptions concerning recognition. ``1517. Order recognizing a foreign proceeding. ``1518. Subsequent information. ``1519. Relief that may be granted upon petition for recognition of a foreign proceeding. ``1520. Effects of recognition of a foreign main proceeding. ``1521. Relief that may be granted upon recognition of a foreign proceeding. ``1522. Protection of creditors and other interested persons. ``1523. Actions to avoid acts detrimental to creditors. ``1524. Intervention by a foreign representative. ``SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES ``1525. Cooperation and direct communication between the court and foreign courts or foreign representatives. ``1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives. ``1527. Forms of cooperation. ``SUBCHAPTER V--CONCURRENT PROCEEDINGS ``1528. Commencement of a case under this title after recognition of a foreign main proceeding. ``1529. Coordination of a case under this title and a foreign proceeding. ``1530. Coordination of more than 1 foreign proceeding. ``1531. Presumption of insolvency based on recognition of a foreign main proceeding. ``1532. Rule of payment in concurrent proceedings. ``Sec. 1501. Purpose and scope of application ``(a) The purpose of this chapter is to incorporate the Model Law on Cross-Border Insolvency so as to provide effective mechanisms for dealing with cases of cross-border insolvency with the objectives of-- ``(1) cooperation between-- ``(A) United States courts, United States trustees, trustees, examiners, debtors, and debtors in possession; and ``(B) the courts and other competent authorities of foreign countries involved in cross-border insolvency cases; ``(2) greater legal certainty for trade and investment; ``(3) fair and efficient administration of cross-border insolvencies that protects the interests of all creditors, and other interested entities, including the debtor; ``(4) protection and maximization of the value of the debtor's assets; and ``(5) facilitation of the rescue of financially troubled businesses, thereby protecting investment and preserving employment. ``(b) This chapter applies where-- ``(1) assistance is sought in the United States by a foreign court or a foreign representative in connection with a foreign proceeding; ``(2) assistance is sought in a foreign country in connection with a case under this title; ``(3) a foreign proceeding and a case under this title with respect to the same debtor are taking place concurrently; or ``(4) creditors or other interested persons in a foreign country have an interest in requesting the commencement of, or participating in, a case or proceeding under this title. ``(c) This chapter does not apply to-- ``(1) a proceeding concerning an entity, other than a foreign insurance company, identified by exclusion in subsection 109(b); ``(2) an individual, or to an individual and such individual's spouse, who have debts within the limits specified in section 109(e) and who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; or ``(3) an entity subject to a proceeding under the Securities Investor Protection Act, a stockbroker subject to subchapter III of chapter 7 of this title, or a commodity broker subject to subchapter IV of chapter 7 of this title. ``(d) The court may not grant relief under this chapter with respect to any deposit, escrow, trust fund, or other security required or permitted under any applicable State insurance law or regulation for the benefit of claim holders in the United States. ``SUBCHAPTER I--GENERAL PROVISIONS ``Sec. 1502. Definitions ``For the purposes of this chapter, the term-- ``(1) `debtor' means an entity that is the subject of a foreign proceeding; ``(2) `establishment' means any place of operations where the debtor carries out a nontransitory economic activity; ``(3) `foreign court' means a judicial or other authority competent to control or supervise a foreign proceeding; ``(4) `foreign main proceeding' means a foreign proceeding taking place in the country where the debtor has the center of its main interests; ``(5) `foreign nonmain proceeding' means a foreign proceeding, other than a foreign main proceeding, taking place in a country where the debtor has an establishment; ``(6) `trustee' includes a trustee, a debtor in possession in a case under any chapter of this title, or a debtor under chapter 9 of this title; and ``(7) `within the territorial jurisdiction of the United States' when used with reference to property of a debtor refers to tangible property located within the territory of the United States and intangible property deemed under applicable nonbankruptcy law to be located within that territory, including any property subject to attachment or garnishment that may properly be seized or garnished by an action in a Federal or State court in the United States. ``Sec. 1503. International obligations of the United States ``To the extent that this chapter conflicts with an obligation of the United States arising out of any treaty or other form of agreement to which it is a party with one or more other countries, the requirements of the treaty or agreement prevail. ``Sec. 1504. Commencement of ancillary case ``A case under this chapter is commenced by the filing of a petition for recognition of a foreign proceeding under section 1515. ``Sec. 1505. Authorization to act in a foreign country ``A trustee or another entity (including an examiner) may be authorized by the court to act in a foreign country on behalf of an estate created under section 541. An entity authorized to act under this section may act in any way permitted by the applicable foreign law. ``Sec. 1506. Public policy exception ``Nothing in this chapter prevents the court from refusing to take an action governed by this chapter if the action would be manifestly contrary to the public policy of the United States. ``Sec. 1507. Additional assistance ``(a) Subject to the specific limitations stated elsewhere in this chapter the court, upon recognition of a foreign proceeding, the court may provide additional assistance to a foreign representative under this title or under other laws of the United States. ``(b) In determining whether to provide additional assistance under this title or under other laws of the United States, the court shall consider whether such additional assistance, consistent with the principles of comity, will reasonably assure-- ``(1) just treatment of all holders of claims against or interests in the debtor's property; ``(2) protection of claim holders in the United States against prejudice and inconvenience in the processing of claims in such foreign proceeding; ``(3) prevention of preferential or fraudulent dispositions of property of the debtor; ``(4) distribution of proceeds of the debtor's property substantially in accordance with the order prescribed by this title; and ``(5) if appropriate, the provision of an opportunity for a fresh start for the individual that such foreign proceeding concerns. ``Sec. 1508. Interpretation ``In interpreting this chapter, the court shall consider its international origin, and the need to promote an application of this chapter that is consistent with the application of similar statutes adopted by foreign jurisdictions. ``SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT ``Sec. 1509. Right of direct access ``(a) A foreign representative may commence a case under section 1504 of this title by filing with the court a petition for recognition of a foreign proceeding under section 1515 of this title. ``(b) If the court grants recognition under section 1515 of this title, and subject to any limitations that the court may impose consistent with the policy of this chapter-- ``(1) the foreign representative has the capacity to sue and be sued in a court in the United States; ``(2) the foreign representative may apply directly to a court in the United States for appropriate relief in that court; and ``(3) a court in the United States shall grant comity or cooperation to the foreign representative. ``(c) A request for comity or cooperation by a foreign representative in a court in the United States shall be accompanied by a certified copy of an order granting recognition under section 1517 of this title. ``(d) If the court denies recognition under this chapter, the court may issue any appropriate order necessary to prevent the foreign representative from obtaining comity or cooperation from courts in the United States. ``(e) Whether or not the court grants recognition, and subject to sections 306 and 1510 of this title, a foreign representative is subject to applicable nonbankruptcy law. ``(f) Notwithstanding any other provision of this section, the failure of a foreign representative to commence a case or to obtain recognition under this chapter does not affect any right the foreign representative may have to sue in a court in the United State to collect or recover a claim which is the property of the debtor.''. ``Sec. 1510. Limited jurisdiction ``The sole fact that a foreign representative files a petition under section 1515 does not subject the foreign representative to the jurisdiction of any court in the United States for any other purpose. ``Sec. 1511. Commencement of case under section 301 or 303 ``(a) Upon recognition, a foreign representative may commence-- ``(1) an involuntary case under section 303; or ``(2) a voluntary case under section 301 or 302, if the foreign proceeding is a foreign main proceeding. ``(b) The petition commencing a case under subsection (a) must be accompanied by certified copy of an order granting recognition. The court where the petition for recognition has been filed must be advised of the foreign representative's intent to commence a case under subsection (a) prior to such commencement. ``Sec. 1512. Participation of a foreign representative in a case under this title ``Upon recognition of a foreign proceeding, the foreign representative in that proceeding is entitled to participate as a party in interest in a case regarding the debtor under this title. ``Sec. 1513. Access of foreign creditors to a case under this title ``(a) Foreign creditors have the same rights regarding the commencement of, and participation in, a case under this title as domestic creditors. ``(b)(1) Subsection (a) does not change or codify present law as to the priority of claims under section 507 or 726 of this title, except that the claim of a foreign creditor under those sections shall not be given a lower priority than that of general unsecured claims without priority solely because the holder of such claim is a foreign creditor. ``(2)(A) Subsection (a) and paragraph (1) do not change or codify present law as to the allowability of foreign revenue claims or other foreign public law claims in a proceeding under this title. ``(B) Allowance and priority as to a foreign tax claim or other foreign public law claim shall be governed by any applicable tax treaty of the United States, under the conditions and circumstances specified therein. ``Sec. 1514. Notification to foreign creditors concerning a case under this title ``(a) Whenever in a case under this title notice is to be given to creditors generally or to any class or category of creditors, such notice shall also be given to the known creditors generally, or to creditors in the notified class or category, that do not have addresses in the United States. The court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known. ``(b) Such notification to creditors with foreign addresses described in subsection (a) shall be given individually, unless the court considers that, under the circumstances, some other form of notification would be more appropriate. No letters rogatory or other similar formality is required. ``(c) When a notification of commencement of a case is to be given to foreign creditors, the notification shall-- ``(1) indicate the time period for filing proofs of claim and specify the place for their filing; ``(2) indicate whether secured creditors need to file their proofs of claim; and ``(3) contain any other information required to be included in such a notification to creditors under this title and the orders of the court. ``(d) Any rule of procedure or order of the court as to notice or the filing of a claim shall provide such additional time to creditors with foreign addresses as is reasonable under the circumstances. ``SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF ``Sec. 1515. Application for recognition of a foreign proceeding ``(a) A foreign representative applies to the court for recognition of the foreign proceeding in which the foreign representative has been appointed by filing a petition for recognition. ``(b) A petition for recognition shall be accompanied by-- ``(1) a certified copy of the decision commencing the foreign proceeding and appointing the foreign representative; ``(2) a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative; or ``(3) in the absence of evidence referred to in paragraphs (1) and (2), any other evidence acceptable to the court of the existence of the foreign proceeding and of the appointment of the foreign representative. ``(c) A petition for recognition shall also be accompanied by a statement identifying all foreign proceedings with respect to the debtor that are known to the foreign representative. ``(d) The documents referred to in paragraphs (1) and (2) of subsection (b) must be translated into English. The court may require a translation into English of additional documents. ``Sec. 1516. Presumptions concerning recognition ``(a) If the decision or certificate referred to in section 1515(b) indicates that the foreign proceeding is a foreign proceeding as defined in section 101 and that the person or body is a foreign representative as defined in section 101, the court is entitled to so presume. ``(b) The court is entitled to presume that documents submitted in support of the petition for recognition are authentic, whether or not they have been legalized. ``(c) In the absence of evidence to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the center of the debtor's main interests. ``Sec. 1517. Order recognizing a foreign proceeding ``(a) Subject to section 1506, after notice and a hearing an order recognizing a foreign proceeding shall be entered if-- ``(1) the foreign proceeding is a foreign main proceeding or foreign nonmain proceeding within the meaning of section 1502; ``(2) the foreign representative applying for recognition is a person or body as defined in section 101; and ``(3) the petition meets the requirements of section 1515. ``(b) The foreign proceeding shall be recognized-- ``(1) as a foreign main proceeding if it is taking place in the country where the debtor has the center of its main interests; or ``(2) as a foreign nonmain proceeding if the debtor has an establishment within the meaning of section 1502 in the foreign country where the proceeding is pending. ``(c) A petition for recognition of a foreign proceeding shall be decided upon at the earliest possible time. Entry of an order recognizing a foreign proceeding constitutes recognition under this chapter. ``(d) The provisions of this subchapter do not prevent modification or termination of recognition if it is shown that the grounds for granting it were fully or partially lacking or have ceased to exist, but in considering such action the court shall give due weight to possible prejudice to parties that have relied upon the granting of recognition. The case under this chapter may be closed in the manner prescribed under section 350. ``Sec. 1518. Subsequent information ``From the time of filing the petition for recognition of the foreign proceeding, the foreign representative shall file with the court promptly a notice of change of status concerning-- ``(1) any substantial change in the status of the foreign proceeding or the status of the foreign representative's appointment; and ``(2) any other foreign proceeding regarding the debtor that becomes known to the foreign representative. ``Sec. 1519. Relief that may be granted upon petition for recognition of a foreign proceeding ``(a) From the time of filing a petition for recognition until the court rules on the petition, the court may, at the request of the foreign representative, where relief is urgently needed to protect the assets of the debtor or the interests of the creditors, grant relief of a provisional nature, including-- ``(1) staying execution against the debtor's assets; ``(2) entrusting the administration or realization of all or part of the debtor's assets located in the United States to the foreign representative or another person authorized by the court, including an examiner, in order to protect and preserve the value of assets that, by their nature or because of other circumstances, are perishable, susceptible to devaluation or otherwise in jeopardy; and ``(3) any relief referred to in paragraph (3), (4), or (7) of section 1521(a). ``(b) Unless extended under section 1521(a)(6), the relief granted under this section terminates when the petition for recognition is decided upon. ``(c) It is a ground for denial of relief under this section that such relief would interfere with the administration of a foreign main proceeding. ``(d) The court may not enjoin a police or regulatory act of a governmental unit, including a criminal action or proceeding, under this section. ``(e) The standards, procedures, and limitations applicable to an injunction shall apply to relief under this section. ``Sec. 1520. Effects of recognition of a foreign main proceeding ``(a) Upon recognition of a foreign proceeding that is a foreign main proceeding-- ``(1) sections 361 and 362 with respect to the debtor and that property of the debtor that is within the territorial jurisdiction of the United States; ``(2) sections 363, 549, and 552 of this title apply to a transfer of an interest of the debtor in property that is within the territorial jurisdiction of the United States to the same extent that the sections would apply to property of an estate; ``(3) unless the court orders otherwise, the foreign representative may operate the debtor's business and may exercise the rights and powers of a trustee under and to the extent provided by sections 363 and 552; and ``(4) section 552 applies to property of the debtor that is within the territorial jurisdiction of the United States.''. ``(b) Subsection (a) does not affect the right to commence an individual action or proceeding in a foreign country to the extent necessary to preserve a claim against the debtor. ``(c) Subsection (a) does not affect the right of a foreign representative or an entity to file a petition commencing a case under this title or the right of any party to file claims or take other proper actions in such a case. ``Sec. 1521. Relief that may be granted upon recognition of a foreign proceeding ``(a) Upon recognition of a foreign proceeding, whether main or nonmain, where necessary to effectuate the purpose of this chapter and to protect the assets of the debtor or the interests of the creditors, the court may, at the request of the foreign representative, grant any appropriate relief, including-- ``(1) staying the commencement or continuation of an individual action or proceeding concerning the debtor's assets, rights, obligations or liabilities to the extent they have not been stayed under section 1520(a); ``(2) staying execution against the debtor's assets to the extent it has not been stayed under section 1520(a); ``(3) suspending the right to transfer, encumber or otherwise dispose of any assets of the debtor to the extent this right has not been suspended under section 1520(a); ``(4) providing for the examination of witnesses, the taking of evidence or the delivery of information concerning the debtor's assets, affairs, rights, obligations or liabilities; ``(5) entrusting the administration or realization of all or part of the debtor's assets within the territorial jurisdiction of the United States to the foreign representative or another person, including an examiner, authorized by the court; ``(6) extending relief granted under section 1519(a); and ``(7) granting any additional relief that may be available to a trustee, except for relief available under sections 522, 544, 545, 547, 548, 550, and 724(a). ``(b) Upon recognition of a foreign proceeding, whether main or nonmain, the court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor's assets located in the United States to the foreign representative or another person, including an examiner, authorized by the court, provided that the court is satisfied that the interests of creditors in the United States are sufficiently protected. ``(c) In granting relief under this section to a representative of a foreign nonmain proceeding, the court must be satisfied that the relief relates to assets that, under the law of the United States, should be administered in the foreign nonmain proceeding or concerns information required in that proceeding. ``(d) The court may not enjoin a police or regulatory act of a governmental unit, including a criminal action or proceeding, under this section. ``(e) The standards, procedures, and limitations applicable to an injunction shall apply to relief under paragraphs (1), (2), (3), and (6) of subsection (a). ``Sec. 1522. Protection of creditors and other interested persons ``(a) The court may grant relief under section 1519 or 1521, or may modify or terminate relief under subsection (c), only if the interests of the creditors and other interested entities, including the debtor, are sufficiently protected. ``(b) The court may subject relief granted under section 1519 or 1521, or the operation of the debtor's business under section 1520(a)(3) of this title, to conditions it considers appropriate, including the giving of security or the filing of a bond. ``(c) The court may, at the request of the foreign representative or an entity affected by relief granted under section 1519 or 1521, or at its own motion, modify or terminate such relief. ``(d) Section 1104(d) shall apply to the appointment of an examiner under this chapter. Any examiner shall comply with the qualification requirements imposed on a trustee by section 322. ``Sec. 1523. Actions to avoid acts detrimental to creditors ``(a) Upon recognition of a foreign proceeding, the foreign representative has standing in a case concerning the debtor pending under another chapter of this title to initiate actions under sections 522, 544, 545, 547, 548, 550, and 724(a). ``(b) When the foreign proceeding is a foreign nonmain proceeding, the court must be satisfied that an action under subsection (a) relates to assets that, under United States law, should be administered in the foreign nonmain proceeding. ``Sec. 1524. Intervention by a foreign representative ``Upon recognition of a foreign proceeding, the foreign representative may intervene in any proceedings in a State or Federal court in the United States in which the debtor is a party. ``SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES ``Sec. 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives ``(a) Consistent with section 1501, the court shall cooperate to the maximum extent possible with foreign courts or foreign representatives, either directly or through the trustee. ``(b) The court is entitled to communicate directly with, or to request information or assistance directly from, foreign courts or foreign representatives, subject to the rights of parties in interest to notice and participation. ``Sec. 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives ``(a) Consistent with section 1501, the trustee or other person, including an examiner, authorized by the court, shall, subject to the supervision of the court, cooperate to the maximum extent possible with foreign courts or foreign representatives. ``(b) The trustee or other person, including an examiner, authorized by the court is entitled, subject to the supervision of the court, to communicate directly with foreign courts or foreign representatives. ``Sec. 1527. Forms of cooperation ``Cooperation referred to in sections 1525 and 1526 may be implemented by any appropriate means, including-- ``(1) appointment of a person or body, including an examiner, to act at the direction of the court; ``(2) communication of information by any means considered appropriate by the court; ``(3) coordination of the administration and supervision of the debtor's assets and affairs; ``(4) approval or implementation of agreements concerning the coordination of proceedings; and ``(5) coordination of concurrent proceedings regarding the same debtor. ``SUBCHAPTER V--CONCURRENT PROCEEDINGS ``Sec. 1528. Commencement of a case under this title after recognition of a foreign main proceeding ``After recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States. The effects of such case shall be restricted to the assets of the debtor that are within the territorial jurisdiction of the United States and, to the extent necessary to implement cooperation and coordination under sections 1525, 1526, and 1527, to other assets of the debtor that are within the jurisdiction of the court under sections 541(a) of this title, and 1334(e) of title 28, to the extent that such other assets are not subject to the jurisdiction and control of a foreign proceeding that has been recognized under this chapter. ``Sec. 1529. Coordination of a case under this title and a foreign proceeding ``Where a foreign proceeding and a case under another chapter of this title are taking place concurrently regarding the same debtor, the court shall seek cooperation and coordination under sections 1525, 1526, and 1527, and the following shall apply: ``(1) When the case in the United States is taking place at the time the petition for recognition of the foreign proceeding is filed-- ``(A) any relief granted under sections 1519 or 1521 must be consistent with the relief granted in the case in the United States; and ``(B) even if the foreign proceeding is recognized as a foreign main proceeding, section 1520 does not apply. ``(2) When a case in the United States under this title commences after recognition, or after the filing of the petition for recognition, of the foreign proceeding-- ``(A) any relief in effect under sections 1519 or 1521 shall be reviewed by the court and shall be modified or terminated if inconsistent with the case in the United States; and ``(B) if the foreign proceeding is a foreign main proceeding, the stay and suspension referred to in section 1520(a) shall be modified or terminated if inconsistent with the relief granted in the case in the United States. ``(3) In granting, extending, or modifying relief granted to a representative of a foreign nonmain proceeding, the court must be satisfied that the relief relates to assets that, under the law of the United States, should be administered in the foreign nonmain proceeding or concerns information required in that proceeding. ``(4) In achieving cooperation and coordination under sections 1528 and 1529, the court may grant any of the relief authorized under section 305. ``Sec. 1530. Coordination of more than 1 foreign proceeding ``In matters referred to in section 1501, with respect to more than 1 foreign proceeding regarding the debtor, the court shall seek cooperation and coordination under sections 1525, 1526, and 1527, and the following shall apply: ``(1) Any relief granted under section 1519 or 1521 to a representative of a foreign nonmain proceeding after recognition of a foreign main proceeding must be consistent with the foreign main proceeding. ``(2) If a foreign main proceeding is recognized after recognition, or after the filing of a petition for recognition, of a foreign nonmain proceeding, any relief in effect under section 1519 or 1521 shall be reviewed by the court and shall be modified or terminated if inconsistent with the foreign main proceeding. ``(3) If, after recognition of a foreign nonmain proceeding, another foreign nonmain proceeding is recognized, the court shall grant, modify, or terminate relief for the purpose of facilitating coordination of the proceedings. ``Sec. 1531. Presumption of insolvency based on recognition of a foreign main proceeding ``In the absence of evidence to the contrary, recognition of a foreign main proceeding is for the purpose of commencing a proceeding under section 303, proof that the debtor is generally not paying its debts as such debts become due. ``Sec. 1532. Rule of payment in concurrent proceedings ``Without prejudice to secured claims or rights in rem, a creditor who has received payment with respect to its claim in a foreign proceeding pursuant to a law relating to insolvency may not receive a payment for the same claim in a case under any other chapter of this title regarding the debtor, so long as the payment to other creditors of the same class is proportionately less than the payment the creditor has already received.''. (b) Clerical Amendment.--The table of chapters for title 11, United States Code, is amended by inserting after the item relating to chapter 13 the following: ``15. Ancillary and Other Cross-Border Cases................ 1501''. SEC. 902. OTHER AMENDMENTS TO TITLES 11 AND 28, UNITED STATES CODE. (a) Applicability of Chapters.--Section 103 of title 11, United States Code, is amended-- (1) in subsection (a), by inserting before the period the following: ``, and this chapter, sections 307, 304, 555 through 557, 559, and 560 apply in a case under chapter 15''; and (2) by adding at the end the following: ``(j) Chapter 15 applies only in a case under such chapter, except that-- ``(1) sections 1505, 1513, and 1514 apply in all cases under this title; and ``(2) section 1509 applies whether or not a case under this title is pending.''. (b) Definitions.--Paragraphs (23) and (24) of title 11, United States Code, are amended to read as follows: ``(23) `foreign proceeding' means a collective judicial or administrative proceeding in a foreign country, including an interim proceeding, under a law relating to insolvency or adjustment of debt in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation; ``(24) `foreign representative' means a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding;''. (c) Amendments to Title 28, United States Code.-- (1) Procedures.--Section 157(b)(2) of title 28, United States Code, is amended-- (A) in subparagraph (N), by striking ``and'' at the end; (B) in subparagraph (O), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(P) recognition of foreign proceedings and other matters under chapter 15 of title 11, United States Code.''. (2) Bankruptcy cases and proceedings.--Section 1334(c) of title 28, United States Code, is amended by striking ``Nothing in'' and inserting ``Except with respect to a case under chapter 15 of title 11, nothing in''. (3) Duties of trustees.--Section 586(a)(3) of title 28, United States Code, is amended by striking ``or 13'' and inserting ``13, or 15,'' after ``chapter''. (d) Other Sections of Title 11.--(1) Section 109(b)(3) of title 11, United States Code, is amended to read as follows: ``(3)(A) a foreign insurance company, engaged in such business in the United States; or ``(B) a foreign bank, savings bank, cooperative bank, savings and loan association, building and loan association, or credit union, which has a branch or agency (as defined in section 3101 of title 12, United States Code) in the United States.''. (2) Section 303(k) of title 11, United States Code, is repealed. (3)(A) Section 304 of title 11, United States Code, is repealed. (B) The table of sections of chapter 3 of title 11, United States Code, is amended by striking the item relating to section 304. (C) Section 306 of title 11, United States Code, is amended by striking ``, 304,'' each place it appears. (4) Section 305(a)(2) of title 11, United States Code, is amended to read: ``(2)(A) a petition under section 1515 of this title for recognition of a foreign proceeding has been granted; and ``(B) the purposes of chapter 15 of this title would be best served by such dismissal or suspension.''. (5) Section 508 of title 11, United States Code, is amended by striking subsection (a) and by striking out the letter ``(b)'' at the beginning of the second paragraph. TITLE X--FINANCIAL CONTRACT PROVISIONS SEC. 1001. TREATMENT OF CERTAIN AGREEMENTS BY CONSERVATORS OR RECEIVERS OF INSURED DEPOSITORY INSTITUTIONS. (a) Definition of Qualified Financial Contract.--Section 11(e)(8)(D)(i) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(i)) is amended by inserting ``, resolution or order'' after ``any similar agreement that the Corporation determines by regulation''. (b) Definition of Securities Contract.--Section 11(e)(8)(D)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(ii)) is amended to read as follows: ``(ii) Securities contract.--The term `securities contract'-- ``(I) means a contract for the purchase, sale, or loan of a security, a certificate of deposit, a mortgage loan, or any interest in a mortgage loan, a group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or any option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, loan, interest, group or index, or option; ``(II) does not include any purchase, sale, or repurchase obligation under a participation in a commercial mortgage loan unless the Corporation determines by regulation, resolution, or order to include any such agreement within the meaning of such term; ``(III) means any option entered into on a national securities exchange relating to foreign currencies; ``(IV) means the guarantee by or to any securities clearing agency of any settlement of cash, securities, certificates of deposit, mortgage loans or interests therein, group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, loan, interest, group or index or option; ``(V) means any margin loan; ``(VI) means any other agreement or transaction that is similar to any agreement or transaction referred to in this clause; ``(VII) means any combination of the agreements or transactions referred to in this clause; ``(VIII) means any option to enter into any agreement or transaction referred to in this clause; ``(IX) means a master agreement that provides for an agreement or transaction referred to in subclause (I), (III), (IV), (V), (VI), (VII), or (VIII), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a securities contract under this clause, except that the master agreement shall be considered to be a securities contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (III), (IV), (V), (VI), (VII), or (VIII); and ``(X) means any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in this clause.''. (c) Definition of Commodity Contract.--Section 11(e)(8)(D)(iii) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(iii)) is amended to read as follows: ``(iii) Commodity contract.--The term `commodity contract' means-- ``(I) with respect to a futures commission merchant, a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade; ``(II) with respect to a foreign futures commission merchant, a foreign future; ``(III) with respect to a leverage transaction merchant, a leverage transaction; ``(IV) with respect to a clearing organization, a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization, or commodity option traded on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization; ``(V) with respect to a commodity options dealer, a commodity option; ``(VI) any other agreement or transaction that is similar to any agreement or transaction referred to in this clause; ``(VII) any combination of the agreements or transactions referred to in this clause; ``(VIII) any option to enter into any agreement or transaction referred to in this clause; ``(IX) a master agreement that provides for an agreement or transaction referred to in subclause (I), (II), (III), (IV), (V), (VI), (VII), or (VIII), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a commodity contract under this clause, except that the master agreement shall be considered to be a commodity contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), (III), (IV), (V), (VI), (VII), or (VIII); or ``(X) a security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in this clause.''. (d) Definition of Forward Contract.--Section 11(e)(8)(D)(iv) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(iv)) is amended to read as follows: ``(iv) Forward contract.--The term `forward contract' means-- ``(I) a contract (other than a commodity contract) for the purchase, sale, or transfer of a commodity or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with a maturity date more than 2 days after the date the contract is entered into, including, but not limited to, a repurchase agreement, reverse repurchase agreement, consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any other similar agreement; ``(II) any combination of agreements or transactions referred to in subclauses (I) and (III); ``(III) any option to enter into any agreement or transaction referred to in subclause (I) or (II); ``(IV) a master agreement that provides for an agreement or transaction referred to in subclauses (I), (II), or (III), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a forward contract under this clause, except that the master agreement shall be considered to be a forward contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), or (III); or ``(V) a security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in subclause (I), (II), (III), or (IV).''. (e) Definition of Repurchase Agreement.--Section 11(e)(8)(D)(v) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(v)) is amended to read as follows: ``(v) Repurchase agreement.--The term `repurchase agreement' (which definition also applies to a reverse repurchase agreement)-- ``(I) mean an agreement, including related terms, which provides for the transfer of one or more certificates of deposit, mortgage-related securities (as such term is defined in the Securities Exchange Act of 1934), mortgage loans, interests in mortgage- related securities or mortgage loans, eligible bankers' acceptances, qualified foreign government securities or securities that are direct obligations of, or that are fully guaranteed by, the United States or any agency of the United States against the transfer of funds by the transferee of such certificates of deposit, eligible bankers' acceptances, securities, loans, or interests with a simultaneous agreement by such transferee to transfer to the transferor thereof certificates of deposit, eligible bankers' acceptances, securities, loans, or interests as described above, at a date certain not later than 1 year after such transfers or on demand, against the transfer of funds, or any other similar agreement; ``(II) does not include any repurchase obligation under a participation in a commercial mortgage loan unless the Corporation determines by regulation, resolution, or order to include any such participation within the meaning of such term; ``(III) means any combination of agreements or transactions referred to in subclauses (I) and (IV); ``(IV) means any option to enter into any agreement or transaction referred to in subclause (I) or (III); ``(V) means a master agreement that provides for an agreement or transaction referred to in subclause (I), (III), or (IV), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a repurchase agreement under this clause, except that the master agreement shall be considered to be a repurchase agreement under this subclause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (III), or (IV); and ``(VI) means a security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in subclause (I), (III), (IV), or (V). For purposes of this clause, the term `qualified foreign government security' means a security that is a direct obligation of, or that is fully guaranteed by, the central government of a member of the Organization for Economic Cooperation and Development (as determined by regulation or order adopted by the appropriate Federal banking authority).''. (f) Definition of Swap Agreement.--Section 11(e)(8)(D)(iv) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(vi)) is amended to read as follows: ``(vi) Swap agreement.--The term `swap agreement' means-- ``(I) any agreement, including the terms and conditions incorporated by reference in any such agreement, which is an interest rate swap, option, future, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate swap, and basis swap; a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange or precious metals agreement; a currency swap, option, future, or forward agreement; an equity index or equity swap, option, future, or forward agreement; a debt index or debt swap, option, future, or forward agreement; a credit spread or credit swap, option, future, or forward agreement; a commodity index or commodity swap, option, future, or forward agreement; ``(II) any agreement or transaction similar to any other agreement or transaction referred to in this clause that is presently, or in the future becomes, regularly entered into in the swap market (including terms and conditions incorporated by reference in such agreement) and that is a forward, swap, future, or option on one or more rates, currencies, commodities, equity securities or other equity instruments, debt securities or other debt instruments, or economic indices or measures of economic risk or value; ``(III) any combination of agreements or transactions referred to in this clause; ``(IV) any option to enter into any agreement or transaction referred to in this clause; ``(V) a master agreement that provides for an agreement or transaction referred to in subclause (I), (II), (III), or (IV), together with all supplements to any such master agreement, without regard to whether the master agreement contains an agreement or transaction that is not a swap agreement under this clause, except that the master agreement shall be considered to be a swap agreement under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), (III), or (IV); and ``(VI) any security agreement or arrangement or other credit enhancement related to any agreements or transactions referred to in subparagraph (I), (II), (III), or (IV). Such term is applicable for purposes of this title only and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any swap agreement under any other statute, regulation, or rule, including the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Trust Indenture Act of 1939, the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Investor Protection Act of 1970, the Commodity Exchange Act, and the regulations promulgated by the Securities and Exchange Commission or the Commodity Futures Trading Commission.''. (g) Definition of Transfer.--Section 11(e)(8)(D)(viii) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(viii)) is amended to read as follows: ``(viii) Transfer.--The term `transfer' means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the depository institutions's equity of redemption.''. (h) Treatment of Qualified Financial Contracts.--Section 11(e)(8) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)) is amended-- (1) in subparagraph (A), by striking ``paragraph (10)'' and inserting ``paragraphs (9) and (10)''; (2) in subparagraph (A)(i), by striking ``to cause the termination or liquidation'' and inserting ``such person has to cause the termination, liquidation, or acceleration''; (3) by amending subparagraph (A)(ii) to read as follows: ``(ii) any right under any security agreement or arrangement or other credit enhancement related to one or more qualified financial contracts described in clause (i);''; and (4) by amending subparagraph (E)(ii) to read as follows: ``(ii) any right under any security agreement or arrangement or other credit enhancement related to one or more qualified financial contracts described in clause (i);''. (i) Avoidance of Transfers.--Section 11(e)(8)(C)(i) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(C)(i)) is amended by inserting ``section 5242 of the Revised Statutes of the United States (12 U.S.C. 91) or any other Federal or State law relating to the avoidance of preferential or fraudulent transfers,'' before ``the Corporation''. SEC. 1002. AUTHORITY OF THE CORPORATION WITH RESPECT TO FAILED AND FAILING INSTITUTIONS. (a) In General.--Section 11(e)(8) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)) is amended-- (1) in subparagraph (E), by striking ``other than paragraph (12) of this subsection, subsection (d)(9)'' and inserting ``other than subsections (d)(9) and (e)(10)''; and (2) by adding at the end the following new subparagraphs: ``(F) Clarification.--No provision of law shall be construed as limiting the right or power of the Corporation, or authorizing any court or agency to limit or delay, in any manner, the right or power of the Corporation to transfer any qualified financial contract in accordance with paragraphs (9) and (10) of this subsection or to disaffirm or repudiate any such contract in accordance with subsection (e)(1) of this section. ``(G) Walkaway clauses not effective.-- ``(i) In general.--Notwithstanding the provisions of subparagraphs (A) and (E), and sections 403 and 404 of the Federal Deposit Insurance Corporation Improvement Act of 1991, no walkaway clause shall be enforceable in a qualified financial contract of an insured depository institution in default. ``(ii) Walkaway clause defined.--For purposes of this subparagraph, the term `walkaway clause' means a provision in a qualified financial contract that, after calculation of a value of a party's position or an amount due to or from 1 of the parties in accordance with its terms upon termination, liquidation, or acceleration of the qualified financial contract, either does not create a payment obligation of a party or extinguishes a payment obligation of a party in whole or in part solely because of such party's status as a nondefaulting party.''. (b) Technical and Conforming Amendment.--Section 11(e)(12)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(12)(A)) is amended by inserting ``or the exercise of rights or powers'' after ``the appointment''. SEC. 1003. AMENDMENTS RELATING TO TRANSFERS OF QUALIFIED FINANCIAL CONTRACTS. (a) Transfers of Qualified Financial Contracts to Financial Institutions.--Section 11(e)(9) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(9)) is amended to read as follows: ``(9) Transfer of qualified financial contracts.-- ``(A) In general.--In making any transfer of assets or liabilities of a depository institution in default which includes any qualified financial contract, the conservator or receiver for such depository institution shall either-- ``(i) transfer to one financial institution, other than a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding-- ``(I) all qualified financial contracts between any person or any affiliate of such person and the depository institution in default; ``(II) all claims of such person or any affiliate of such person against such depository institution under any such contract (other than any claim which, under the terms of any such contract, is subordinated to the claims of general unsecured creditors of such institution); ``(III) all claims of such depository institution against such person or any affiliate of such person under any such contract; and ``(IV) all property securing or any other credit enhancement for any contract described in subclause (I) or any claim described in subclause (II) or (III) under any such contract; or ``(ii) transfer none of the qualified financial contracts, claims, property or other credit enhancement referred to in clause (i) (with respect to such person and any affiliate of such person). ``(B) Transfer to foreign bank, foreign financial institution, or branch or agency of a foreign bank or financial institution.--In transferring any qualified financial contracts and related claims and property pursuant to subparagraph (A)(i), the conservator or receiver for such depository institution shall not make such transfer to a foreign bank, financial institution organized under the laws of a foreign country, or a branch or agency of a foreign bank or financial institution unless, under the law applicable to such bank, financial institution, branch or agency, to the qualified financial contracts, and to any netting contract, any security agreement or arrangement or other credit enhancement related to one or more qualified financial contracts, the contractual rights of the parties to such qualified financial contracts, netting contracts, security agreements or arrangements, or other credit enhancements are enforceable substantially to the same extent as permitted under this section. ``(C) Transfer of contracts subject to the rules of a clearing organization.--In the event that a conservator or receiver transfers any qualified financial contract and related claims, property and credit enhancements pursuant to subparagraph (A)(i) and such contract is subject to the rules of a clearing organization, the clearing organization shall not be required to accept the transferee as a member by virtue of the transfer. ``(D) Definition.--For purposes of this section, the term `financial institution' means a broker or dealer, a depository institution, a futures commission merchant, or any other institution as determined by the Corporation by regulation to be a financial institution.''. (b) Notice to Qualified Financial Contract Counterparties.--Section 11(e)(10)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(10)(A)) is amended by amending the flush material following clause (ii) to read as follows: ``the conservator or receiver shall notify any person who is a party to any such contract of such transfer by 5:00 p.m. (eastern time) on the business day following the date of the appointment of the receiver, in the case of a receivership, or the business day following such transfer, in the case of a conservatorship.''. (c) Rights Against Receiver and Treatment of Bridge Banks.--Section 11(e)(10) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(10)) is further amended-- (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Certain rights not enforceable.-- ``(i) Receivership.--A person who is a party to a qualified financial contract with an insured depository institution may not exercise any right such person has to terminate, liquidate, or net such contract under paragraph (8)(A) or section 403 or 404 of the Federal Deposit Insurance Corporation Improvement Act of 1991 solely by reason of or incidental to the appointment of a receiver for the depository institution (or the insolvency or financial condition of the depository institution for which the receiver has been appointed)-- ``(I) until 5:00 p.m. (eastern time) on the business day following the date of the appointment of the receiver; or ``(II) after the person has received notice that the contract has been transferred pursuant to paragraph (9)(A). ``(ii) Conservatorship.--A person who is a party to a qualified financial contract with an insured depository institution may not exercise any right such person has to terminate, liquidate, or net such contract under paragraph (8)(E) or sections 403 or 404 of the Federal Deposit Insurance Corporation Improvement Act of 1991, solely by reason of or incidental to the appointment of a conservator for the depository institution (or the insolvency or financial condition of the depository institution for which the conservator has been appointed). ``(iii) Notice.--For purposes of this subsection, the Corporation as receiver or conservator of an insured depository institution shall be deemed to have notified a person who is a party to a qualified financial contract with such depository institution if the Corporation has taken steps reasonably calculated to provide notice to such person by the time specified in subparagraph (A) of this subsection. ``(C) Treatment of bridge banks.--The following institutions shall not be considered a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding for purposes of subsection (e)(9)-- ``(i) a bridge bank; or ``(ii) a depository institution organized by the Corporation, for which a conservator is appointed either-- ``(I) immediately upon the organization of the institution; or ``(II) at the time of a purchase and assumption transaction between such institution and the Corporation as receiver for a depository institution in default.''. SEC. 1004. AMENDMENTS RELATING TO DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS. Section 11(e) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)) is further amended-- (1) by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and (2) by inserting after paragraph (10) the following new paragraph: ``(11) Disaffirmance or repudiation of qualified financial contracts.--In exercising the rights of disaffirmance or repudiation of a conservator or receiver with respect to any qualified financial contract to which an insured depository institution is a party, the conservator or receiver for such institution shall either-- ``(A) disaffirm or repudiate all qualified financial contracts between-- ``(i) any person or any affiliate of such person; and ``(ii) the depository institution in default; or ``(B) disaffirm or repudiate none of the qualified financial contracts referred to in subparagraph (A) (with respect to such person or any affiliate of such person).''. SEC. 1005. CLARIFYING AMENDMENT RELATING TO MASTER AGREEMENTS. Section 11(e)(8)(D)(vii) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(vii)) is amended to read as follows: ``(vii) Treatment of master agreement as one agreement.--Any master agreement for any contract or agreement described in any preceding clause of this subparagraph (or any master agreement for such master agreement or agreements), together with all supplements to such master agreement, shall be treated as a single agreement and a single qualified financial contract. If a master agreement contains provisions relating to agreements or transactions that are not themselves qualified financial contracts, the master agreement shall be deemed to be a qualified financial contract only with respect to those transactions that are themselves qualified financial contracts.''. SEC. 1006. FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991. (a) Definitions.--Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4402) is amended-- (1) in paragraph (6)-- (A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: ``(B) an uninsured national bank or an uninsured State bank that is a member of the Federal Reserve System if the national bank or State member bank is not eligible to make application to become an insured bank under section 5 of the Federal Deposit Insurance Act;''; and (C) by amending subparagraph (C) (as redesignated) to read as follows: ``(C) a branch or agency of a foreign bank, a foreign bank and any branch or agency of the foreign bank, or the foreign bank that established the branch or agency, as those terms are defined in section 1(b) of the International Banking Act of 1978;''; (2) in paragraph (11), by adding before the period ``and any other clearing organization with which such clearing organization has a netting contract''; (3) by amending paragraph (14)(A)(i) to read as follows: ``(i) means a contract or agreement between two or more financial institutions, clearing organizations, or members that provides for netting present or future payment obligations or payment entitlements (including liquidation or closeout values relating to such obligations or entitlements) among the parties to the agreement; and''; and (4) by adding at the end the following new paragraph: ``(15) Payment.--The term `payment' means a payment of United States dollars, another currency, or a composite currency, and a noncash delivery, including a payment or delivery to liquidate an unmatured obligation.''. (b) Enforceability of Bilateral Netting Contracts.--Section 403 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4403) is amended-- (1) by amending subsection (a) to read as follows: ``(a) General Rule.--Notwithstanding any other provision of State or Federal law (other than paragraphs (8)(E), (8)(F), and (10)(B) of section 11(e) of the Federal Deposit Insurance Act or any order authorized under section 5(b)(2) of the Securities Investor Protection Act of 1970, the covered contractual payment obligations and the covered contractual payment entitlements between any two financial institutions shall be netted in accordance with, and subject to the conditions of, the terms of any applicable netting contract (except as provided in section 561(b)(2) of title 11, United States Code).''; and (2) by adding at the end the following new subsection: ``(f) Enforceability of Security Agreements.--The provisions of any security agreement or arrangement or other credit enhancement related to one or more netting contracts between any two financial institutions shall be enforceable in accordance with their terms (except as provided in section 561(b)(2) of title 11, United States Code) and shall not be stayed, avoided, or otherwise limited by any State or Federal law (other than paragraphs (8)(E), (8)(F), and (10)(B) of section 11(e) of the Federal Deposit Insurance Act and section 5(b)(2) of the Securities Investor Protection Act of 1970).''. (c) Enforceability of Clearing Organization Netting Contracts.-- Section 404 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4404) is amended-- (1) by amending subsection (a) to read as follows: ``(a) General Rule.--Notwithstanding any other provision of State or Federal law (other than paragraphs (8)(E), (8)(F), and (10)(B) of section 11(e) of the Federal Deposit Insurance Act and any order authorized under section 5(b)(2) of the Securities Investor Protection Act of 1970, the covered contractual payment obligations and the covered contractual payment entitlements of a member of a clearing organization to and from all other members of a clearing organization shall be netted in accordance with and subject to the conditions of any applicable netting contract (except as provided in section 561(b)(2) of title 11, United States Code).''; and (2) by adding at the end the following new subsection: ``(h) Enforceability of Security Agreements.--The provisions of any security agreement or arrangement or other credit enhancement related to one or more netting contracts between any two members of a clearing organization shall be enforceable in accordance with their terms (except as provided in section 561(b)(2) of title 11, United States Code) and shall not be stayed, avoided, or otherwise limited by any State or Federal law other than paragraphs (8)(E), (8)(F), and (10)(B) of section 11(e) of the Federal Deposit Insurance Act and section 5(b)(2) of the Securities Investor Protection Act of 1970.''. (d) Enforceability of Contracts With Uninsured National Banks and Uninsured Federal Branches and Agencies.--The Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4401 et seq.) is amended-- (1) by redesignating section 407 as section 408; and (2) by adding after section 406 the following new section: ``SEC. 407. TREATMENT OF CONTRACTS WITH UNINSURED NATIONAL BANKS AND UNINSURED FEDERAL BRANCHES AND AGENCIES. ``(a) In General.--Notwithstanding any other provision of law, paragraphs (8), (9), (10), and (11) of section 11(e) of the Federal Deposit Insurance Act shall apply to an uninsured national bank or uninsured Federal branch or Federal agency except-- ``(1) any reference to the `Corporation as receiver' or `the receiver or the Corporation' shall refer to the receiver of an uninsured national bank or uninsured Federal branch or Federal agency appointed by the Comptroller of the Currency; ``(2) any reference to the `Corporation' (other than in section 11(e)(8)(D) of such Act), the `Corporation, whether acting as such or as conservator or receiver', a `receiver', or a `conservator' shall refer to the receiver or conservator of an uninsured national bank or uninsured Federal branch or Federal agency appointed by the Comptroller of the Currency; and ``(3) any reference to an `insured depository institution' or `depository institution' shall refer to an uninsured national bank or an uninsured Federal branch or Federal agency. ``(b) Liability.--The liability of a receiver or conservator of an uninsured national bank or uninsured Federal branch or agency shall be determined in the same manner and subject to the same limitations that apply to receivers and conservators of insured depository institutions under section 11(e) of the Federal Deposit Insurance Act. ``(c) Regulatory Authority.-- ``(1) In general.--The Comptroller of the Currency, in consultation with the Federal Deposit Insurance Corporation, may promulgate regulations to implement this section. ``(2) Specific requirement.--In promulgating regulations to implement this section, the Comptroller of the Currency shall ensure that the regulations generally are consistent with the regulations and policies of the Federal Deposit Insurance Corporation adopted pursuant to the Federal Deposit Insurance Act. ``(d) Definitions.--For purposes of this section, the terms `Federal branch', `Federal agency', and `foreign bank' have the same meaning as in section 1(b) of the International Banking Act.''. SEC. 1007. BANKRUPTCY CODE AMENDMENTS. (a) Definitions of Forward Contract, Repurchase Agreement, Securities Clearing Agency, Swap Agreement, Commodity Contract, and Securities Contract.--Title 11, United States Code, is amended-- (1) in section 101-- (A) in paragraph (25)-- (i) by striking ``means a contract'' and inserting ``means-- ``(A) a contract''; (ii) by striking ``, or any combination thereof or option thereon;'' and inserting ``, or any other similar agreement;''; and (iii) by adding at the end the following: ``(B) any combination of agreements or transactions referred to in subparagraphs (A) and (C); ``(C) any option to enter into an agreement or transaction referred to in subparagraph (A) or (B); ``(D) a master agreement that provides for an agreement or transaction referred to in subparagraph (A), (B), or (C), together with all supplements to any such master agreement, without regard to whether such master agreement provides for an agreement or transaction that is not a forward contract under this paragraph, except that such master agreement shall be considered to be a forward contract under this paragraph only with respect to each agreement or transaction under such master agreement that is referred to in subparagraph (A), (B) or (C); or ``(E) a security agreement or arrangement, or other credit enhancement related to any agreement or transaction referred to in subparagraph (A), (B), (C), or (D), but not to exceed the actual value of such contract, option, agreement, or transaction on the date of the filing of the petition;''; (B) in paragraph (46), by striking ``on any day during the period beginning 90 days before the date of'' and replacing it with ``at any time before''; (C) by amending paragraph (47) to read as follows: ``(47) `repurchase agreement' (which definition also applies to a reverse repurchase agreement) means-- ``(i) an agreement, including related terms, which provides for the transfer of one or more certificates of deposit, mortgage- related securities (as defined in the Securities Exchange Act of 1934), mortgage loans, interests in mortgage-related securities or mortgage loans, eligible bankers' acceptances, qualified foreign government securities; or securities that are direct obligations of, or that are fully guaranteed by, the United States or any agency of the United States against the transfer of funds by the transferee of such certificates of deposit, eligible bankers' acceptances, securities, loans, or interests; with a simultaneous agreement by such transferee to transfer to the transferor thereof certificates of deposit, eligible bankers' acceptance, securities, loans, or interests of the kind described above, at a date certain not later than 1 year after such transfer or on demand, against the transfer of funds; ``(ii) any combination of agreements or transactions referred to in clauses (i) and (iii); ``(iii) an option to enter into an agreement or transaction referred to in clause (i) or (ii); ``(iv) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), or (iii), together with all supplements to any such master agreement, without regard to whether such master agreement provides for an agreement or transaction that is not a repurchase agreement under this paragraph, except that such master agreement shall be considered to be a repurchase agreement under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in clause (i), (ii), or (iii); or ``(v) a security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in clause (i), (ii), (iii), or (iv), but not to exceed the actual value of such contract on the date of the filing of the petition; and ``(B) does not include a repurchase obligation under a participation in a commercial mortgage loan, and, for purposes of this paragraph, the term `qualified foreign government security' means a security that is a direct obligation of, or that is fully guaranteed by, the central government of a member of the Organization for Economic Cooperation and Development;''; (D) in paragraph (48) by inserting ``or exempt from such registration under such section pursuant to an order of the Securities and Exchange Commission'' after ``1934''; and (E) by amending paragraph (53B) to read as follows: ``(53B) `swap agreement'-- ``(A) means-- ``(i) any agreement, including the terms and conditions incorporated by reference in such agreement, which is an interest rate swap, option, future, or forward agreement, including a rate floor, rate cap, rate collar, cross- currency rate swap, and basis swap; a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange or precious metals agreement; a currency swap, option, future, or forward agreement; an equity index or an equity swap, option, future, or forward agreement; a debt index or a debt swap, option, future, or forward agreement; a credit spread or a credit swap, option, future, or forward agreement; or a commodity index or a commodity swap, option, future, or forward agreement; ``(ii) any agreement or transaction similar to any other agreement or transaction referred to in this paragraph that-- ``(I) is presently, or in the future becomes, regularly entered into in the swap market (including terms and conditions incorporated by reference therein); and ``(II) is a forward, swap, future, or option on one or more rates, currencies commodities, equity securities, or other equity instruments, debt securities or other debt instruments, or on an economic index or measure of economic risk or value; ``(iii) any combination of agreements or transactions referred to in this paragraph; ``(iv) any option to enter into an agreement or transaction referred to in this paragraph; ``(v) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), (iii), or (iv), together with all supplements to any such master agreement, and without regard to whether the master agreement contains an agreement or transaction that is not a swap agreement under this paragraph, except that the master agreement shall be considered to be a swap agreement under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in clause (i), (ii), (iii), or (iv); or ``(B) any security agreement or arrangement or other credit enhancement related to any agreements or transactions referred to in subparagraph (A); and ``(C) is applicable for purposes of this title only and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any swap agreement under any other statute, regulation, or rule, including the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Trust Indenture Act of 1939, the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Investor Protection Act of 1970, the Commodity Exchange Act, and the regulations prescribed by the Securities and Exchange Commission or the Commodity Futures Trading Commission.''; (2) by amending section 741(7) to read as follows: ``(7) `securities contract'-- ``(A) means-- ``(i) a contract for the purchase, sale, or loan of a security, a certificate of deposit, a mortgage loan or any interest in a mortgage loan, a group or index of securities, certificates of deposit or mortgage loans or interests therein (including an interest therein or based on the value thereof), or option on any of the foregoing, including an option to purchase or sell any such security certificate of deposit, loan, interest, group or index or option; ``(ii) any option entered into on a national securities exchange relating to foreign currencies; ``(iii) the guarantee by or to any securities clearing agency of a settlement of cash, securities, certificates of deposit mortgage loans or interests therein, group or index of securities, or mortgage loans or interests therein (including any interest therein or based on the value thereof), or option on any of the foregoing, including an option to purchase or sell any such security certificate of deposit, loan, interest, group or index or option; ``(iv) any margin loan; ``(v) any other agreement or transaction that is similar to an agreement or transaction referred to in this paragraph; ``(vi) any combination of the agreements or transactions referred to in this paragraph; ``(vii) any option to enter into any agreement or transaction referred to in this paragraph; ``(viii) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), (iii), (iv), (v), (vi), or (vii), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a securities contract under this paragraph, except that such master agreement shall be considered to be a securities contract under this paragraph only with respect to each agreement or transaction under such master agreement that is referred to in clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or ``(ix) any security agreement or arrangement, or other credit enhancement, related to any agreement or transaction referred to in this paragraph, but not to exceed the actual value of such contract on the date of the filing of the petition; and ``(B) does not include any purchase, sale, or repurchase obligation under a participation in a commercial mortgage loan.''; and (3) in section 761(4)-- (A) by striking ``or'' at the end of subparagraph (D); and (B) by adding at the end the following: ``(F) any other agreement or transaction that is similar to an agreement or transaction referred to in this paragraph; ``(G) any combination of the agreements or transactions referred to in this paragraph; ``(H) any option to enter into an agreement or transaction referred to in this paragraph; ``(I) a master agreement that provides for an agreement or transaction referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H), together with all supplements to such master netting agreement, without regard to whether the master netting agreement provides for an agreement or transaction that is not a commodity contract under this paragraph, except that the master agreement shall be considered to be a commodity contract under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H); or ``(J) a security agreement or arrangement, or other credit enhancement related to any agreement or transaction referred to in this paragraph, but not to exceed the actual value of such contract on the date of the filing of the petition;''. (b) Definitions of Financial Institution, Financial Participant, and Forward Contract Merchant.--Section 101 of title 11, United States Code, is amended-- (1) by amending paragraph (22) to read as follows: ``(22) `financial institution' means-- ``(A) a Federal reserve bank, or an entity (domestic or foreign) that is a commercial or savings bank, industrial savings bank, savings and loan association, trust company, or receiver or conservator for such entity and, when any such Federal reserve bank, receiver, conservator or entity is acting as agent or custodian for a customer in connection with a securities contract, as defined in section 741 of this title, such customer; or ``(B) in connection with a securities contract, as defined in section 741 of this title, an investment company registered under the Investment Company Act of 1940;''; (2) by inserting after paragraph (22) the following: ``(22A) `financial participant' means an entity that, at the time it enters into a securities contract, commodity contract or forward contract, or at the time of the filing of the petition, has one or more agreements or transactions described in paragraph (1), (2), (3), (4), or (5) of section 561(a) with the debtor or any other entity (other than an affiliate) of a total gross dollar value of at least $1,000,000,000 in notional or actual principal amount outstanding on any day during the previous 15-month period, or has gross mark-to-market positions of at least $100,000,000 (aggregated across counterparties) in one or more such agreement or transaction with the debtor or any other entity (other than an affiliate) on any day during the previous 15- month period;''; and (3) by amending paragraph (26) to read as follows: ``(26) `forward contract merchant' means a Federal reserve bank, or an entity whose business consists in whole or in part of entering into forward contracts as or with merchants or in a commodity, as defined or in section 761 of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing or in the forward contract trade;''. (c) Definition of Master Netting Agreement and Master Netting Agreement Participant.--Section 101 of title 11, United States Code, is amended by inserting after paragraph (38) the following new paragraphs: ``(38A) `master netting agreement' means an agreement providing for the exercise of rights, including rights of netting, setoff, liquidation, termination, acceleration, or closeout, under or in connection with one or more contracts that are described in any one or more of paragraphs (1) through (5) of section 561(a), or any security agreement or arrangement or other credit enhancement related to one or more of the foregoing. If a master netting agreement contains provisions relating to agreements or transactions that are not contracts described in paragraphs (1) through (5) of section 561(a), the master netting agreement shall be deemed to be a master netting agreement only with respect to those agreements or transactions that are described in any one or more of the paragraphs (1) through (5) of section 561(a); ``(38B) `master netting agreement participant' means an entity that, at any time before the filing of the petition, is a party to an outstanding master netting agreement with the debtor;''. (d) Swap Agreements, Securities Contracts, Commodity Contracts, Forward Contracts, Repurchase Agreements, and Master Netting Agreements Under the Automatic-Stay.-- (1) In general.--Section 362(b) of title 11, United States Code, as amended by sections 118, 132, 136, 142, 203, and 818, is amended-- (A) in paragraph (6), by inserting ``, pledged to, and under the control of,'' after ``held by''; (B) in paragraph (7), by inserting ``, pledged to, and under the control of,'' after ``held by''; (C) by amending paragraph (17) to read as follows: ``(17) under subsection (a), of the setoff by a swap participant of a mutual debt and claim under or in connection with one or more swap agreements that constitutes the setoff of a claim against the debtor for any payment or other transfer of property due from the debtor under or in connection with any swap agreement against any payment due to the debtor from the swap participant under or in connection with any swap agreement or against cash, securities, or other property held by, pledged to, and under the control of, or due from such swap participant to margin guarantee, secure, or settle a swap agreement;''; (D) in paragraph (30) by striking ``or'' at the end; (E) in paragraph (31) by striking the period at the end and inserting ``; or''; and (F) by inserting after paragraph (31) the following new paragraph: ``(32) under subsection (a), of the setoff by a master netting agreement participant of a mutual debt and claim under or in connection with one or more master netting agreements or any contract or agreement subject to such agreements that constitutes the setoff of a claim against the debtor for any payment or other transfer of property due from the debtor under or in connection with such agreements or any contract or agreement subject to such agreements against any payment due to the debtor from such master netting agreement participant under or in connection with such agreements or any contract or agreement subject to such agreements or against cash, securities, or other property held by, pledged or and under the control of, or due from such master netting agreement participant to margin, guarantee, secure, or settle such agreements or any contract or agreement subject to such agreements, to the extent such participant is eligible to exercise such offset rights under paragraph (6), (7), or (17) for each individual contract covered by the master netting agreement in issue.''. (2) Limitation.--Section 362 of title 11, United States Code, as amended by sections 120, 302, and 412, is amended by adding at the end the following: ``(l) Limitation.--The exercise of rights not subject to the stay arising under subsection (a) pursuant to paragraph (6), (7), or (17), or (31) of subsection (b) shall not be stayed by any order of a court or administrative agency in any proceeding under this title.''. (e) Limitation of Avoidance Powers Under Master Netting Agreement.--Section 546 of title 11, United States Code, as amended by sections 207 and 302, is amended-- (1) in subsection (g) (as added by section 103 of Public Law 101-311)-- (A) by striking ``under a swap agreement''; and (B) by striking ``in connection with a swap agreement'' and inserting ``under or in connection with any swap agreement''; and (2) by adding at the end the following: ``(j) Notwithstanding sections 544, 545, 547, 548(a)(2)(B), and 548(b) of this title, the trustee may not avoid a transfer made by or to a master netting agreement participant under or in connection with any master netting agreement or any individual contract covered thereby that is made before the commencement of the case, except under section 548(a)(1)(A) of this title, and except to the extent the trustee could otherwise avoid such a transfer made under an individual contract covered by such master netting agreement.''. (f) Fraudulent Transfers of Master Netting Agreements.--Section 548(d)(2) of title 11, United States Code, is amended-- (1) in subparagraph (C), by striking ``and''; (2) in subparagraph (D), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) a master netting agreement participant that receives a transfer in connection with a master netting agreement or any individual contract covered thereby takes for value to the extent of such transfer, except, with respect to a transfer under any individual contract covered thereby, to the extent such master netting agreement participant otherwise did not take (or is otherwise not deemed to have taken) such transfer for value.''. (g) Termination or Acceleration of Securities Contracts.--Section 555 of title 11, United States Code, is amended-- (1) by amending the section heading to read as follows: ``Sec. 555. Contractual right to liquidate, terminate, or accelerate a securities contract''; and (2) in the first sentence, by striking ``liquidation'' and inserting ``liquidation, termination, or acceleration''. (h) Termination or Acceleration of Commodities or Forward Contracts.--Section 556 of title 11, United States Code, is amended-- (1) by amending the section heading to read as follows: ``Sec. 556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract''; and (2) in the first sentence, by striking ``liquidation'' and inserting ``liquidation, termination, or acceleration''. (i) Termination or Acceleration of Repurchase Agreements.--Section 559 of title 11, United States Code, is amended-- (1) by amending the section heading to read as follows: ``Sec. 559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement''; and (2) in the first sentence, by striking ``liquidation'' and inserting ``liquidation, termination, or acceleration''. (j) Liquidation, Termination, or Acceleration of Swap Agreements.-- Section 560 of title 11, United States Code, is amended-- (1) by amending the section heading to read as follows: ``Sec. 560. Contractual right to liquidate, terminate, or accelerate a swap agreement''; and (2) in the first sentence, by striking ``termination of a swap agreement'' and inserting ``liquidation, termination, or acceleration of one or more swap agreements''; and (3) by striking ``in connection with any swap agreement'' and inserting ``in connection with the termination, liquidation, or acceleration of one or more swap agreements''. (k) Liquidation, Termination, Acceleration, or Offset Under a Master Netting Agreement and Across Contracts.--(1) Title 11, United States Code, is amended by inserting after section 560 the following: ``Sec. 561. Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts ``(a) In General.--Subject to subsection (b), the exercise of any contractual right, because of a condition of the kind specified in section 365(e)(1), to cause the termination, liquidation, or acceleration of or to offset or net termination values, payment amounts or other transfer obligations arising under or in connection with one or more (or the termination, liquidation, or acceleration of one or more)-- ``(1) securities contracts, as defined in section 741(7); ``(2) commodity contracts, as defined in section 761(4); ``(3) forward contracts; ``(4) repurchase agreements; ``(5) swap agreements; or ``(6) master netting agreements, shall not be stayed, avoided, or otherwise limited by operation of any provision of this title or by any order of a court or administrative agency in any proceeding under this title. ``(b) Exception.-- ``(1) A party may exercise a contractual right described in subsection (a) to terminate, liquidate, or accelerate only to the extent that such party could exercise such a right under section 555, 556, 559, or 560 for each individual contract covered by the master netting agreement in issue. ``(2) If a debtor is a commodity broker subject to subchapter IV of chapter 7 of this title-- ``(A) a party may not net or offset an obligation to the debtor arising under, or in connection with, a commodity contract against any claim arising under, or in connection with, other instruments, contracts, or agreements listed in subsection (a) except to the extent the party has positive net equity in the commodity accounts at the debtor, as calculated under subchapter IV; and ``(B) another commodity broker may not net or offset an obligation to the debtor arising under, or in connection with, a commodity contract entered into or held on behalf of a customer of the debtor against any claim arising under, or in connection with, other instruments, contracts, or agreements listed in subsection (a). ``(c) Definition.--As used in this section, the term `contractual right' includes a right set forth in a rule or bylaw of a national securities exchange, a national securities association, or a securities clearing agency, a right set forth in a bylaw of a clearing organization or contract market or in a resolution of the governing board thereof, and a right, whether or not evidenced in writing, arising under common law, under law merchant, or by reason of normal business practice.''. (2) Conforming amendment.--The table of sections of chapter 9 of title 11, United States Code, is amended by inserting after the item relating to section 560 the following: ``561. Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts. (l) Ancillary Proceedings.--Section 304 of title 11, United States Code, is amended by adding at the end the following: ``(d) Any provisions of this title relating to securities contracts, commodity contracts, forward contracts, repurchase agreements, swap agreements, or master netting agreements shall apply in a case ancillary to a foreign proceeding under this section or any other section of this title, so that enforcement of contractual provisions of such contracts and agreements in accordance with their terms will not be stayed or otherwise limited by operation of any provision of this title or by order of a court in any case under this title, and to limit avoidance powers to the same extent as in a proceeding under chapter 7 or 11 of this title (such enforcement not to be limited based on the presence or absence of assets of the debtor in the United States).''. (m) Commodity Broker Liquidations.--Title 11, United States Code, is amended by inserting after section 766 the following: ``Sec. 767. Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, securities clearing agencies, swap participants, repo participants, and master netting agreement participants ``Notwithstanding any other provision of this title, the exercise of rights by a forward contract merchant, commodity broker, stockbroker, financial institution, securities clearing agency, swap participant, repo participant, or master netting agreement participant under this title shall not affect the priority of any unsecured claim it may have after the exercise of such rights.''. (n) Stockbroker Liquidations.--Title 11, United States Code, is amended by inserting after section 752 the following: ``Sec. 753. Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, securities clearing agencies, swap participants, repo participants, and master netting agreement participants ``Notwithstanding any other provision of this title, the exercise of rights by a forward contract merchant, commodity broker, stockbroker, financial institution, securities clearing agency, swap participant, repo participant, financial participant, or master netting agreement participant under this title shall not affect the priority of any unsecured claim it may have after the exercise of such rights.''. (o) Setoff.--Section 553 of title 11, United States Code, is amended-- (1) in subsection (a)(3)(C), by inserting ``(except for a setoff of a kind described in section 362(b)(6), 362(b)(7), 362(b)(17), 362(b)(19), 555, 556, 559, 560 or 561 of this title)'' before the period; and (2) in subsection (b)(1), by striking ``362(b)(14),'' and inserting ``362(b)(17), 362(b)(19), 555, 556, 559, 560, 561''. (p) Securities Contracts, Commodity Contracts, and Forward Contracts.--Title 11, United States Code, is amended-- (1) in section 362(b)(6), by striking ``financial institutions,'' each place such term appears and inserting ``financial institution, financial participant''; (2) in section 546(e), by inserting ``financial participant,'' after ``financial institution,''; (3) in section 548(d)(2)(B), by inserting ``financial participant,'' after ``financial institution,''; (4) in section 555-- (A) by inserting ``financial participant,'' after ``financial institution,''; and (B) by inserting before the period at the end ``, a right set forth in a bylaw of a clearing organization or contract market or in a resolution of the governing board thereof, and a right, whether or not in writing, arising under common law, under law merchant, or by reason of normal business practice''; and (5) in section 556, by inserting ``, financial participant'' after ``commodity broker''. (q) Conforming Amendments.--Title 11, United States Code, is amended-- (1) in the table of sections of chapter 5-- (A) by amending the items relating to sections 555 and 556 to read as follows: ``555. Contractual right to liquidate, terminate, or accelerate a securities contract. ``556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract.''; and (B) by amending the items relating to sections 559 and 560 to read as follows: ``559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement. ``560. Contractual right to liquidate, terminate, or accelerate a swap agreement.''; and (2) in the table of sections of chapter 7-- (A) by inserting after the item relating to section 766 the following: ``767. Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, securities clearing agencies, swap participants, repo participants, and master netting agreement participants.''; and (B) by inserting after the item relating to section 752 the following: ``753. Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, securities clearing agencies, swap participants, repo participants, and master netting agreement participants.''. SEC. 1008. RECORDKEEPING REQUIREMENTS. Section 11(e)(8) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)) is amended by adding at the end the following new subparagraph: ``(H) Recordkeeping requirements.--The Corporation, in consultation with the appropriate Federal banking agencies, may prescribe regulations requiring more detailed recordkeeping with respect to qualified financial contracts (including market valuations) by insured depository institutions.''. SEC. 1009. EXEMPTIONS FROM CONTEMPORANEOUS EXECUTION REQUIREMENT. Section 13(e)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1823(e)(2)) is amended to read as follows: ``(2) Exemptions from contemporaneous execution requirement.--An agreement to provide for the lawful collateralization of-- ``(A) deposits of, or other credit extension by, a Federal, State, or local governmental entity, or of any depositor referred to in section 11(a)(2), including an agreement to provide collateral in lieu of a surety bond; ``(B) bankruptcy estate funds pursuant to section 345(b)(2) of title 11, United States Code; ``(C) extensions of credit, including any overdraft, from a Federal reserve bank or Federal home loan bank; or ``(D) one or more qualified financial contracts, as defined in section 11(e)(8)(D), shall not be deemed invalid pursuant to paragraph (1)(B) solely because such agreement was not executed contemporaneously with the acquisition of the collateral or because of pledges, delivery, or substitution of the collateral made in accordance with such agreement.''. SEC. 1010. DAMAGE MEASURE. (a) Title 11, United States Code, as amended by section 1007, is amended-- (1) by inserting after section 561 the following: ``Sec. 562. Damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, or master netting agreements ``If the trustee rejects a swap agreement, securities contract as defined in section 741 of this title, forward contract, commodity contract (as defined in section 761 of this title) repurchase agreement, or master netting agreement pursuant to section 365(a) of this title, or if a forward contract merchant, stockbroker, financial institution, securities clearing agency, repo participant, financial participant, master netting agreement participant, or swap participant liquidates, terminates, or accelerates such contract or agreement, damages shall be measured as of the earlier of-- ``(1) the date of such rejection; or ``(2) the date of such liquidation, termination, or acceleration.''; and (2) in the table of sections of chapter 5 by inserting after the item relating to section 561 the following: ``562. Damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, or master netting agreements.''. (b) Claims Arising From Rejection.--Section 502(g) of title 11, United States Code, is amended-- (1) by designating the existing text as paragraph (1); and (2) by adding at the end the following: ``(2) A claim for damages calculated in accordance with section 561 of this title shall be allowed under subsection (a), (b), or (c), or disallowed under subsection (d) or (e), as if such claim had arisen before the date of the filing of the petition.''. SEC. 1011. SIPC STAY. Section 5(b)(2) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(2)) is amended by adding after subparagraph (B) the following new subparagraph: ``(C) Exception from stay.-- ``(i) Notwithstanding section 362 of title 11, United States Code, neither the filing of an application under subsection (a)(3) nor any order or decree obtained by Securities Investor Protection Corporation from the court shall operate as a stay of any contractual rights of a creditor to liquidate, terminate, or accelerate a securities contract, commodity contract, forward contract, repurchase agreement, swap agreement, or master netting agreement, each as defined in title 11, to offset or net termination values, payment amounts, or other transfer obligations arising under or in connection with one or more of such contracts or agreements, or to foreclose on any cash collateral pledged by the debtor whether or not with respect to one or more of such contracts or agreements. ``(ii) Notwithstanding clause (i), such application, order, or decree may operate as a stay of the foreclosure on securities collateral pledged by the debtor, whether or not with respect to one or more of such contracts or agreements, securities sold by the debtor under a repurchase agreement or securities lent under a securities lending agreement. ``(iii) As used in this section, the term `contractual right' includes a right set forth in a rule or bylaw of a national securities exchange, a national securities association, or a securities clearing agency, a right set forth in a bylaw of a clearing organization or contract market or in a resolution of the governing board thereof, and a right, whether or not in writing, arising under common law, under law merchant, or by reason of normal business practice.''. SEC. 1012. ASSET-BACKED SECURITIZATIONS. Section 541 of title 11, United States Code, as amended by section 150, is amended-- (1) by redesignating paragraph (5) of subsection (b) as paragraph (6); (2) by inserting after paragraph (4) of subsection (b) the following new paragraph: ``(5) any eligible asset (or proceeds thereof), to the extent that such eligible asset was transferred by the debtor, before the date of commencement of the case, to an eligible entity in connection with an asset-backed securitization, except to the extent such asset (or proceeds or value thereof) may be recovered by the trustee under section 550 by virtue of avoidance under section 548(a);''; and (3) by adding at the end the following new subsection: ``(e) For purposes of this section, the following definitions shall apply: ``(1) the term `asset-backed securitization' means a transaction in which eligible assets transferred to an eligible entity are used as the source of payment on securities, the most senior of which are rated investment grade by one or more nationally recognized securities rating organizations, issued by an issuer; ``(2) the term `eligible asset' means-- ``(A) financial assets (including interests therein and proceeds thereof), either fixed or revolving, including residential and commercial mortgage loans, consumer receivables, trade receivables, and lease receivables, that, by their terms, convert into cash within a finite time period, plus any residual interest in property subject to receivables included in such financial assets plus any rights or other assets designed to assure the servicing or timely distribution of proceeds to security holders; ``(B) cash; and ``(C) securities. ``(3) the term `eligible entity' means-- ``(A) an issuer; or ``(B) a trust, corporation, partnership, or other entity engaged exclusively in the business of acquiring and transferring eligible assets directly or indirectly to an issuer and taking actions ancillary thereto; ``(4) the term `issuer' means a trust, corporation, partnership, or other entity engaged exclusively in the business of acquiring and holding eligible assets, issuing securities backed by eligible assets, and taking actions ancillary thereto; and ``(5) the term `transferred' means the debtor, pursuant to a written agreement, represented and warranted that eligible assets were sold, contributed, or otherwise conveyed with the intention of removing them from the estate of the debtor pursuant to subsection (b)(5), irrespective, without limitation of-- ``(A) whether the debtor directly or indirectly obtained or held an interest in the issuer or in any securities issued by the issuer; ``(B) whether the debtor had an obligation to repurchase or to service or supervise the servicing of all or any portion of such eligible assets; or ``(C) the characterization of such sale, contribution, or other conveyance for tax, accounting, regulatory reporting, or other purposes.''. SEC. 1013. FEDERAL RESERVE COLLATERAL REQUIREMENTS. The third sentence of the third undesignated paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 412) is amended by striking ``acceptances acquired under the provisions of section 13 of this Act'' and inserting ``acceptances acquired under section 10A, 10B, 13, or 13A of this Act''. SEC. 1014. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--This title shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this title shall apply with respect to cases commenced or appointments made under any Federal or State law after the date of the enactment of this Act, but shall not apply with respect to cases commenced or appointments made under any Federal or State law before the date of the enactment of this Act. TITLE XI--TECHNICAL CORRECTIONS SEC. 1101. DEFINITIONS. Section 101 of title 11, United States Code, as amended by sections 102, 105, 132, 138, 301, 302, 402, 902, and 1007, is amended-- (1) by striking ``In this title--'' and inserting ``In this title:''; (2) in each paragraph, by inserting ``The term'' after the paragraph designation; (3) in paragraph (35)(B), by striking ``paragraphs (21B) and (33)(A)'' and inserting ``paragraphs (23) and (35)''; (4) in each of paragraphs (35A) and (38), by striking ``; and'' at the end and inserting a period; (5) in paragraph (51B)-- (A) by inserting ``who is not a family farmer'' after ``debtor'' the first place it appears; and (B) by striking ``thereto having aggregate'' and all that follows through the end of the paragraph; (6) by amending paragraph (54) to read as follows: ``(54) The term `transfer' means-- ``(A) the creation of a lien; ``(B) the retention of title as a security interest; ``(C) the foreclosure of a debtor's equity of redemption; or ``(D) each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with-- ``(i) property; or ``(ii) an interest in property;''; (7) in each of paragraphs (1) through (35), in each of paragraphs (36) and (37), and in each of paragraphs (40) through (55) (including paragraph (54), as amended by paragraph (6) of this section), by striking the semicolon at the end and inserting a period; and (8) by redesignating paragraphs (4) through (55), including paragraph (54), as amended by paragraph (6) of this section, in entirely numerical sequence. SEC. 1102. ADJUSTMENT OF DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended by inserting ``522(f)(3), 707(b)(5),'' after ``522(d),'' each place it appears. SEC. 1103. EXTENSION OF TIME. Section 108(c)(2) of title 11, United States Code, is amended by striking ``922'' and all that follows through ``or'', and inserting ``922, 1201, or''. SEC. 1104. TECHNICAL AMENDMENTS. Title 11, United States Code, is amended-- (1) in section 109(b)(2) by striking ``subsection (c) or (d) of''; and (2) in section 552(b)(1) by striking ``product'' each place it appears and inserting ``products''. SEC. 1105. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS. Section 110(j)(3) of title 11, United States Code, is amended by striking ``attorney's'' and inserting ``attorneys'''. SEC. 1106. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS. Section 328(a) of title 11, United States Code, is amended by inserting ``on a fixed or percentage fee basis,'' after ``hourly basis,''. SEC. 1107. SPECIAL TAX PROVISIONS. Section 346(g)(1)(C) of title 11, United States Code, is amended by striking ``, except'' and all that follows through ``1986''. SEC. 1108. EFFECT OF CONVERSION. Section 348(f)(2) of title 11, United States Code, is amended by inserting ``of the estate'' after ``property'' the first place it appears. SEC. 1109. ALLOWANCE OF ADMINISTRATIVE EXPENSES. Section 503(b)(4) of title 11, United States Code, is amended by inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before ``paragraph (3)''. SEC. 1110. PRIORITIES. Section 507(a) of title 11, United States Code, as amended by section 323, is amended in paragraph (4), as so redesignated by section 142, by striking the semicolon at the end and inserting a period. SEC. 1111. EXEMPTIONS. Section 522(g)(2) of title 11, United States Code, is amended by striking ``subsection (f)(2)'' and inserting ``subsection (f)(1)(B)''. SEC. 1112. EXCEPTIONS TO DISCHARGE. Section 523 of title 11, United States Code, as amended by section 146, is amended-- (1) in subsection (a)(3), by striking ``or (6)'' each place it appears and inserting ``(6), or (15)''; (2) as amended by section 304(e) of Public Law 103-394 (108 Stat. 4133), in paragraph (15), by transferring such paragraph so as to insert it after paragraph (14A) of subsection (a); (3) in subsection (a)(9), by inserting ``, watercraft, or aircraft'' after ``motor vehicle''; (4) in subsection (a)(15), as so redesignated by paragraph (2) of this subsection, by inserting ``to a spouse, former spouse, or child of the debtor and'' after ``(15)''; and (5) in subsection (e), by striking ``a insured'' and inserting ``an insured''. SEC. 1113. EFFECT OF DISCHARGE. Section 524(a)(3) of title 11, United States Code, is amended by striking ``section 523'' and all that follows through ``or that'' and inserting ``section 523, 1228(a)(1), or 1328(a)(1) of this title, or that''. SEC. 1114. PROTECTION AGAINST DISCRIMINATORY TREATMENT. Section 525(c) of title 11, United States Code, is amended-- (1) in paragraph (1), by inserting ``student'' before ``grant'' the second place it appears; and (2) in paragraph (2), by striking ``the program operated under part B, D, or E of'' and inserting ``any program operated under''. SEC. 1115. PROPERTY OF THE ESTATE. Section 541(b)(4)(B)(ii) of title 11, United States Code, is amended by inserting ``365 or'' before ``542''. SEC. 1116. PREFERENCES. (a) In General.--Section 547 of title 11, United States Code, is amended-- (1) in subsection (b), by striking ``subsection (c)'' and inserting ``subsections (c) and (i)''; and (2) by adding at the end the following: ``(i) If the trustee avoids under subsection (b) a transfer made between 90 days and 1 year before the date of the filing of the petition, by the debtor to an entity that is not an insider for the benefit of a creditor that is an insider, such transfer may be avoided under this section only with respect to the creditor that is an insider.''. (b) Applicability.--The amendments made by this section shall apply to any case that is pending or commenced on or after the date of the enactment of this Act. SEC. 1117. POSTPETITION TRANSACTIONS. Section 549(c) of title 11, United States Code, is amended-- (1) by inserting ``an interest in'' after ``transfer of''; (2) by striking ``such property'' and inserting ``such real property''; and (3) by striking ``the interest'' and inserting ``such interest''. SEC. 1118. DISPOSITION OF PROPERTY OF THE ESTATE. Section 726(b) of title 11, United States Code, is amended by striking ``1009,''. SEC. 1119. GENERAL PROVISIONS. Section 901(a) of title 11, United States Code, is amended by inserting ``1123(d),'' after ``1123(b),''. SEC. 1120. APPOINTMENT OF ELECTED TRUSTEE. Section 1104(b) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following: ``(2)(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. Upon the filing of a report under the preceding sentence-- ``(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section; and ``(ii) the service of any trustee appointed under subsection (d) shall terminate. ``(B) In the case of any dispute arising out of an election under subparagraph (A), the court shall resolve the dispute.''. SEC. 1121. ABANDONMENT OF RAILROAD LINE. Section 1170(e)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 1122. CONTENTS OF PLAN. Section 1172(c)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 1123. DISCHARGE UNDER CHAPTER 12. Subsections (a) and (c) of section 1228 of title 11, United States Code, are amended by striking ``1222(b)(10)'' each place it appears and inserting ``1222(b)(9)''. SEC. 1124. BANKRUPTCY CASES AND PROCEEDINGS. Section 1334(d) of title 28, United States Code, is amended-- (1) by striking ``made under this subsection'' and inserting ``made under subsection (c)''; and (2) by striking ``This subsection'' and inserting ``Subsection (c) and this subsection''. SEC. 1125. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE. Section 156(a) of title 18, United States Code, is amended-- (1) in the first undesignated paragraph-- (A) by inserting ``(1) the term'' before ```bankruptcy''; and (B) by striking the period at the end and inserting ``; and''; and (2) in the second undesignated paragraph-- (A) by inserting ``(2) the term'' before ```document''; and (B) by striking ``this title'' and inserting ``title 11''. SEC. 1126. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS. (a) Sale of Property of Estate.--Section 363(d) of title 11, United States Code, is amended-- (1) by striking ``only'' and all that follows through the end of the subsection and inserting ``only-- ``(1) in accordance with applicable nonbankruptcy law that governs the transfer of property by a corporation or trust that is not a moneyed, business, or commercial corporation or trust; and ``(2) to the extent not inconsistent with any relief granted under subsection (c), (d), (e), or (f) of section 362 of this title.''. (b) Confirmation of Plan for Reorganization.--Section 1129(a) of title 11, United States Code, as amended by section 140, is amended by adding at the end the following: ``(15) All transfers of property of the plan shall be made in accordance with any applicable provisions of nonbankruptcy law that govern the transfer of property by a corporation or trust that is not a moneyed, business, or commercial corporation or trust.''. (c) Transfer of Property.--Section 541 of title 11, United States Code, as amended by section 1102, is amended by adding at the end the following: ``(f) Notwithstanding any other provision of this title, property that is held by a debtor that is a corporation described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code may be transferred to an entity that is not such a corporation, but only under the same conditions as would apply if the debtor had not filed a case under this title.''. (d) Applicability.--The amendments made by this section shall apply to a case pending under title 11, United States Code, on the date of the enactment of this Act, except that the court shall not confirm a plan under chapter 11 of this title without considering whether this section would substantially affect the rights of a party in interest who first acquired rights with respect to the debtor after the date of the petition. The parties who may appear and be heard in a proceeding under this section include the attorney general of the State in which the debtor is incorporated, was formed, or does business. (e) Rule of Construction.--Nothing in this section shall be deemed to require the court in which a case under chapter 11 is pending to remand or refer any proceeding, issue, or controversy to any other court or to require the approval of any other court for the transfer of property. SEC. 1127. PROHIBITION ON CERTAIN ACTIONS FOR FAILURE TO INCUR FINANCE CHARGES. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(i) Prohibition on Certain Actions for Failure To Incur Finance Charges.--A creditor of an account under an open end consumer credit plan may not terminate an account prior to its expiration date solely because the consumer has not incurred finance charges on the account. Nothing in this subsection shall prohibit a creditor from terminating an account for inactivity in 3 or more consecutive months.''. SEC. 1128. PROTECTION OF VALID PURCHASE MONEY SECURITY INTERESTS. Section 547(c)(3)(B) of title 11, United States Code, is amended by striking ``20'' and inserting ``30''. SEC. 1129. TRUSTEES. (a) Suspension and Termination of Panel Trustees and Standing Trustees.--Section 586(d) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end the following: ``(2) A trustee whose appointment under subsection (a)(1) or under subsection (b) is terminated or who ceases to be assigned to cases filed under title 11, United States Code, may obtain judicial review of the final agency decision by commencing an action in the United States district court for the district for which the panel to which the trustee is appointed under subsection (a)(1), or in the United States district court for the district in which the trustee is appointed under subsection (b) resides, after first exhausting all available administrative remedies, which if the trustee so elects, shall also include an administrative hearing on the record. Unless the trustee elects to have an administrative hearing on the record, the trustee shall be deemed to have exhausted all administrative remedies for purposes of this paragraph if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies. The Attorney General shall prescribe procedures to implement this paragraph. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based on the administrative record before the agency.''. (b) Expenses of Standing Trustees.--Section 586(e) of title 28, United States Code, is amended by adding at the end the following: ``(3) After first exhausting all available administrative remedies, an individual appointed under subsection (b) may obtain judicial review of final agency action to deny a claim of actual, necessary expenses under this subsection by commencing an action in the United States district court in the district where the individual resides. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based upon the administrative record before the agency. ``(4) The Attorney General shall prescribe procedures to implement this subsection.''. TITLE XII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS SEC. 1201. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided otherwise in this Act, this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Application of Amendments.--Except as otherwise provided in this Act, the amendments made by this Act shall not apply with respect to cases commenced under title 11, United States Code, before the effective date of this Act. Passed the House of Representatives May 5, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:56.217236

BILLS-106hr974rh

District of Columbia College Access Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 974 Reported in House (RH)] Union Calendar No. 88 106th CONGRESS 1st Session H. R. 974 [Report No. 106-158, Part I] To establish a program to afford high school graduates from the District of Columbia the benefits of in-State tuition at State colleges and universities outside the District of Columbia, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 4, 1999 Mr. Davis of Virginia (for himself, Ms. Norton, Mrs. Morella, Mr. Hoyer, Mr. Wynn, Mr. Horn, Mr. Cunningham, Mr. Ehrlich, and Mr. Moran of Virginia) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned May 24, 1999 Additional sponsors: Mr. Shays, Mr. Lewis of California, Mr. Boucher, Mr. Scarborough, and Mrs. Maloney of New York May 24, 1999 Reported from the Committee on Government Reform [Strike out all after the enacting clause and insert the part printed in italic] May 24, 1999 Referral to the Committee on Ways and Means extended for a period ending not later than May 24, 1999 May 24, 1999 The Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on March 4, 1999] _______________________________________________________________________ A BILL To establish a program to afford high school graduates from the District of Columbia the benefits of in-State tuition at State colleges and universities outside the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Act''. SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM. There is hereby established the District of Columbia College Access Scholarship Program (hereafter in this Act referred to as the ``Program'') under which the Mayor of the District of Columbia shall award scholarships in accordance with section 4 using amounts in the District of Columbia College Access Fund established under section 3. SEC. 3. DISTRICT OF COLUMBIA COLLEGE ACCESS FUND. (a) Establishment.--There is hereby established on the books of the government of the District of Columbia the District of Columbia College Access Fund (hereafter in this Act referred to as the ``Fund''), which shall consist of the following amounts: (1) Amounts appropriated to the Fund under law. (2) Gifts and bequests. (3) Refunds paid under section 4(b)(4). (4) Interest earned on the balance of the Fund. (b) Administration.--The Mayor of the District of Columbia shall administer the Fund, in consultation with the Secretary of Education. (c) Use of Fund.-- (1) In general.--Amounts in the Fund shall be used solely to award scholarships in accordance with section 4, except that not more than 10 percent of the balance of the Fund with respect to a fiscal year may be used for the administration of the Fund during such year. (2) Determination of amount available for scholarships.-- With respect to each academic year for which scholarships may be awarded under this Act, the Mayor shall determine the amount available from the Fund for awarding scholarships. (d) Investment.--The Mayor shall invest such portion of the Fund as is not in the judgment of the Mayor required to make current payments for scholarships. Such investments shall be in such form as the Mayor considers appropriate. SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM. (a) Applications.--Any qualified graduate seeking a scholarship under the Program shall submit an application to the Mayor in such form and containing such information as the Mayor may prescribe by regulation. The Mayor shall make applications for scholarships under the Program available not later than October 1 of the academic year preceding the academic year for which the scholarships will be awarded, and shall announce the recipients of scholarships under this section not later than a date determined by the Mayor in consultation with the Secretary of Education. (b) Awards Authorized.-- (1) Awards to each qualified graduate.-- (A) In general.--From the amount available from the Fund under section 3(c)(2) for any academic year, the Mayor shall award scholarships to each qualified graduate submitting an application that is approved pursuant to subsection (a). (B) Awards to students at eligible public institutions based on in-state tuition.--Subject to subparagraph (D) and paragraph (2), such scholarship shall provide, for attendance at an eligible public institution located outside the District of Columbia, an amount equal to the difference between-- (i) the amount of the tuition normally charged by that institution to a student who is not a resident of the State in which that institution is located for the program of instruction in which the qualified graduate is enrolled or accepted for enrollment; and (ii) the amount of the tuition normally charged by that institution to a student who is a resident of such State for such program of instruction, or the amount of the tuition normally charged by that institution to a student who is a resident of the county in which the institution is located for such program of instruction, whichever is less. (C) Tuition assistance grants to students at eligible private institutions.--Subject to paragraph (2), such scholarship shall provide, for attendance at an eligible private institution, a tuition assistance grant in a uniform amount determined by the Mayor, not to exceed $3,000 for the academic year. (D) Cap on amount provided.--The amount of a scholarship provided to an individual under subparagraph (B) for an academic year may not exceed $10,000. (2) Ratable reduction if funds insufficient.--If the amount available from the Fund under section 3(c)(2) for any academic year is not sufficient to pay the scholarship amount determined under paragraph (1) for each qualified graduate submitting an application that is approved pursuant to subsection (a), the amount of such scholarships shall be ratably reduced. If additional sums become available for such academic year, such reduced scholarships shall be increased on the same basis as they were reduced (until the amount allotted equals the amount determined under paragraph (1)). (3) Disbursement.--The scholarships awarded under this section shall be disbursed to the eligible institution at which the qualified graduate is enrolled or accepted for enrollment by check or other means that is payable to and requires the endorsement or other certification by such graduate. (4) Refunds.--The Mayor may prescribe such regulations as may be necessary to provide for the refund to the Fund of a portion of the amount awarded under this section in the event a recipient of a scholarship under this section withdraws from an institution during a period of enrollment in which the recipient began attendance. (c) Rule of Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner in order for a qualified graduate to receive a scholarship to attend such institution under this Act. (d) Definitions.--As used in this section: (1) Qualified graduate.--The term ``qualified graduate'' means an individual who-- (A) has been a resident of the District of Columbia for not less than the 12 consecutive months preceding the academic year for which the scholarship is sought; (B) begins his or her undergraduate course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces of the United States, in the Peace Corps or Americorps) of graduating from a secondary school, or receiving the recognized equivalent of a secondary school diploma; (C) is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (D) if the student is presently enrolled at an institution, is maintaining satisfactory progress in the course of study the student is pursuing, as determined under section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); (E) is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; (F) does not owe a refund on grants previously received under title IV of the Higher Education Act of 1965, and is not in default on any loan made, insured, or guaranteed under such title; (G) has not completed his or her first undergraduate baccalaureate course of study; and (H) is not incarcerated. (2) Eligible institution.--The term ``eligible institution'' means eligible public institution or an eligible private institution. (3) Eligible public institution.--The term ``eligible public institution'' means an institution of higher education that-- (A) is established as a State-supported institution of higher education by the State in which such institution is located; (B) is eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (C) has entered into an agreement with the Mayor containing such requirements for the management of funds provided under this Act as the Mayor may specify, including a requirement that the institution use the funds to supplement and not supplant assistance that otherwise would be provided to students from the District of Columbia. (4) Eligible private institution.--The term ``eligible private institution'' means an institution of higher education that-- (A) is located in the District of Columbia, the State of Maryland, or the Commonwealth of Virginia; (B) is not established as a State-supported institution of higher education by the State in which such institution is located; (C) is eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (D) has entered into an agreement with the Mayor containing such requirements for the management of funds provided under this Act as the Mayor may specify, including a requirement that the institution use the funds to supplement and not supplant assistance that otherwise would be provided to students from the District of Columbia. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 5. ADMINISTRATION OF PROGRAM AND FUND. In carrying out the Program and administering the Fund, the Mayor of the District of Columbia-- (1) shall consult with the Secretary of Education; and (2) may enter into a contract with a nongovernmental agency to administer the Program and the Fund if the Mayor determines that it is cost-effective and appropriate to do so. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for payment to the Fund such sums as may be necessary for fiscal year 2000 and for each of the 5 succeeding fiscal years. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNIVERSITY OF THE DISTRICT OF COLUMBIA. There is authorized to be appropriated to the University of the District of Columbia for fiscal year 2000 and each of the 5 succeeding fiscal years such sums as may be necessary to enhance educational opportunities for the University. Union Calendar No. 88 106th CONGRESS 1st Session H. R. 974 [Report No. 106-158, Part I] _______________________________________________________________________ A BILL To establish a program to afford high school graduates from the District of Columbia the benefits of in-State tuition at State colleges and universities outside the District of Columbia, and for other purposes. _______________________________________________________________________ May 24, 1999 Reported from the Committee on Government Reform May 24, 1999 Referral to the Committee on Ways and Means extended for a period ending not later than May 24, 1999 May 24, 1999 The Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

usgpo

2024-06-24T03:05:56.416300

BILLS-106hres157eh

H. RES. 157 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 157 Engrossed in House (EH)] In the House of Representatives, U.S., May 4, 1999. Whereas the foundation of American freedom and democracy is a strong, effective system of education in which every child can learn in a safe and nurturing environment; Whereas a first-rate education system depends on a partnership between parents, principals, teachers, and children; Whereas much of the success of our Nation during the American Century is the result of the hard work and dedication of teachers across the land; Whereas, in addition to their families, knowledgeable and skillful teachers can have a profound impact on a child's early development and future success; Whereas, while many people spend their lives building careers, teachers spend their careers building lives; Whereas our Nation's teachers serve our children beyond the call of duty as coaches, mentors, and advisors without regard to fame or fortune; and Whereas across this land nearly 3 million men and women experience the joys of teaching young minds the virtues of reading, writing, and arithmetic: Now, therefore, be it Resolved, That the House of Representatives-- (1) honors and recognizes the unique and important achievements of America's teachers; and (2) urges all Americans to take a moment to thank and pay tribute to our Nation's teachers. Attest: Clerk.

usgpo

2024-06-24T03:05:56.467407

BILLS-106hres158eh

H. RES. 158 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 158 Engrossed in House (EH)] In the House of Representatives, U.S., May 5, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 833) to amend title 11 of the United States Code, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with section 302 or section 311 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against the amendments printed in the report are waived. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

usgpo

2024-06-24T03:05:56.505025

BILLS-106hres158rh

Providing for consideration of the bill (H.R. 833) to amend title 11 of the United States Code, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 158 Reported in House (RH)] House Calendar No. 51 106th CONGRESS 1st Session H. RES. 158 [Report No. 106-126] Providing for consideration of the bill (H.R. 833) to amend title 11 of the United States Code, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 4, 1999 Mr. Sessions, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 833) to amend title 11 of the United States Code, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 833) to amend title 11 of the United States Code, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with section 302 or section 311 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against the amendments printed in the report are waived. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 51 106th CONGRESS 1st Session H. RES. 158 [Report No. 106-126] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 833) to amend title 11 of the United States Code, and for other purposes. _______________________________________________________________________ May 4, 1999 Referred to the House Calendar and ordered to be printed

usgpo

2024-06-24T03:05:56.566166

BILLS-106hres159eh

H. RES. 159 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 159 Engrossed in House (EH)] In the House of Representatives, U.S., May 6, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1664) making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 1999, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4 of rule XIII or section 306 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. Before consideration of any other amendment it shall be in order to consider the amendments printed in the report of the Committee on Rules accompanying this resolution. Each amendment printed in the report may be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against the amendments printed in the report are waived. During consideration of the bill for further amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. During consideration of the bill, points of order against amendments for failure to comply with clause 2(e) of rule XXI are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

usgpo

2024-06-24T03:05:56.575306

BILLS-106hres160ih

Congratulating the Government and the people of the Republic of Panama on successfully completing free and democratic elections on May 2, 1999.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 160 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 160 Congratulating the Government and the people of the Republic of Panama on successfully completing free and democratic elections on May 2, 1999. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Gallegly submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Congratulating the Government and the people of the Republic of Panama on successfully completing free and democratic elections on May 2, 1999. Whereas on May 2, 1999, the Republic of Panama successfully completed its second democratic multiparty elections for President and Vice President since the termination of the military government in 1989; Whereas these elections demonstrate the strength and diversity of Panama's democratic expression and promote confidence that all political parties can work cooperatively at every level of government; Whereas these elections were deemed by international and domestic observers to be free and fair and a legitimate nonviolent expression of the will of the people of the Republic of Panama; Whereas the United States has consistently supported the efforts of the people of Panama to strengthen their democracy and to provide economic development and social justice; and Whereas these open, fair, and democratic elections of the new President and Vice President should be broadly commended: Now, therefore, be it Resolved, That the House of Representatives-- (1) congratulates the Government and the people of the Republic of Panama for the successful completion of democratic multiparty elections held on May 2, 1999, for President and Vice President; (2) congratulates President-elect Mireya Moscoso on her recent victory and her continued strong commitment to democracy and a free market-oriented economy; (3) commends all Panamanian citizens and political parties for their efforts to work together to take risks for democracy and to willfully pursue national reconciliation in order to strengthen democratic traditions in Panama; (4) supports Panamanian attempts to continue their cooperation in order to ensure democracy, national reconciliation, and economic prosperity; and (5) reaffirms that the United States is unequivocally committed to encouraging democracy and peaceful development throughout Latin America. <all>

usgpo

2024-06-24T03:05:56.806989

BILLS-106hres161eh

H. RES. 161 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 161 Engrossed in House (EH)] In the House of Representatives, U.S., May 18, 1999. Whereas international humanitarian organizations such as the International Committee of the Red Cross and the United Nations High Commissioner for Refugees provide a vital role in assessing and responding to the humanitarian needs of refugees around the world and, most recently, of the hundreds of thousands who have fled Kosovo; Whereas, according to unconfirmed reports, hundreds of thousands of internally displaced persons remain in Kosovo at risk for their lives and requiring immediate food, shelter, and medicine; Whereas it is the belief of the House of Representatives that the safety and lives of these undetermined legions of internally displaced persons within Kosovo are equal to the safety and lives of the many refugees who have fled the region; Whereas the international community is committed to providing humanitarian assistance to current and future Kosovo refugees, while uncertain of how vast that need may be; Whereas during an April 19, 1999, interview in Belgrade with Dr. Ron Hatchett of the University of St. Thomas, Serbian President Slobodan Milosevic agreed to and subsequently permitted representatives of the International Committee of the Red Cross to meet with and examine the condition of the three captured American prisoners of war; Whereas in the same interview, President Milosevic agreed to permit representatives of the International Committee of the Red Cross and the United Nations High Commissioner for Refugees into Kosovo to provide aid and assess the humanitarian needs of internally displaced persons within Kosovo and the Federal Republic of Yugoslavia; Whereas on May 4, 1999, with the assent of the United Nations Security Council, of which the United States is a member, United Nations Secretary General Kofi Annan initiated a United Nations interagency assessment mission to the Federal Republic of Yugoslavia to assess emergency relief and rehabilitation needs within the Federal Republic of Yugoslavia and to identify the means for providing such critical relief and rehabilitation assistance; Whereas this humanitarian mission seeks to objectively assess critical needs in the areas of human rights protection, food, security, nutrition, health, water and sanitation, and condition of the civilian population, and also seeks to accurately determine the number, location, and requirements of the people in Kosovo and the Federal Republic of Yugoslavia needing immediate and future humanitarian aid; Whereas on May 14, 1999, the United Nations Security Council adopted Security Council Resolution 1239 by a vote of 13-0, inviting the United Nations High Commission for Refugees and other international humanitarian relief organizations to extend relief assistance to the internally displaced persons in Kosovo, the Republic of Montenegro, and other parts of the Federal Republic of Yugoslavia; and Whereas the brief United Nations humanitarian mission that was initiated on May 4, 1999, subsequently departed for Kosovo and other sectors of the Federal Republic of Yugoslavia on May 15, 1999: Now, therefore, be it Resolved, That-- (1) it is the sense of the House of Representatives that Yugoslavian President Slobodan Milosevic provide the necessary security assurances and freedom of access to the United Nations interagency mission to the Federal Republic of Yugoslavia so the international community can be provided with an accurate, objective, first-hand assessment of the condition of the internally displaced persons inside of Kosovo and all sectors of the Federal Republic of Yugoslavia; and (2) the House of Representatives encourages member nations of the North Atlantic Treaty Organization (NATO) to weigh the value of this humanitarian mission toward ending human suffering in Kosovo, and to consider reasonable measures to enhance the safety of this international delegation during its brief humanitarian mission within the Federal Republic of Yugoslavia. Attest: Clerk.

usgpo

2024-06-24T03:05:56.814388

BILLS-106hres161ih

Expressing the sense of the House of Representatives regarding the condition and humanitarian needs of refugees within Kosovo.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 161 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 161 Expressing the sense of the House of Representatives regarding the condition and humanitarian needs of refugees within Kosovo. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Brady of Texas submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives regarding the condition and humanitarian needs of refugees within Kosovo. Whereas international humanitarian organizations such as the International Committee of the Red Cross and the United Nations High Commissioner for Refugees provide a vital role in assessing and responding to the humanitarian needs of refugees around the world and, most recently, of the hundreds of thousands who have fled Kosovo; Whereas, according to unconfirmed reports, hundreds of thousands of refugees remain in Kosovo at risk for their lives and requiring immediate food, shelter, and medicine; Whereas it is the belief of the House of Representatives that the safety and lives of these undetermined legions of refugees within Kosovo are equal to the safety and lives of the many refugees who have fled the region; Whereas the international community is committed to providing humanitarian assistance to current and future Kosovo refugees, while uncertain of how vast that need may be; Whereas during an April 19, 1999, interview in Belgrade with Dr. Ron Hatchett of the University of St. Thomas, Serbian President Slobodan Milosevic agreed to and subsequently permitted representatives of the International Committee of the Red Cross to meet with and examine the condition of the three captured American prisoners of war; Whereas in the same interview, President Milosevic agreed to permit representatives of the International Committee of the Red Cross and the United Nations High Commissioner for Refugees into Kosovo to provide aid and assess the humanitarian needs of refugees within Kosovo and the Federal Republic of Yugoslavia; Whereas on May 4, 1999, with the assent of the United Nations Security Council, of which the United States is a member, United Nation's Secretary General Kofi Annan initiated a United Nations interagency assessment mission to the Federal Republic of Yugoslavia to assess emergency relief and rehabilitation needs within the Federal Republic of Yugoslavia and to identify the means for providing such critical relief and rehabilitation assistance; Whereas this humanitarian mission seeks to objectively assess critical needs in the areas of human rights and protection, food, security, nutrition, health, water and sanitation, and condition of the civilian population, and also seeks to accurately determine the number, location, and requirements of the people in Kosovo and the Federal Republic of Yugoslavia needing immediate and future humanitarian aid; and Whereas this humanitarian mission is working diligently to depart for Kosovo and others sectors of Yugoslavia on May 8, 1999, if appropriate security assurances are provided by the Federal Republic of Yugoslavia: Now, therefore, be it Resolved, That-- (1) it is the sense of the House of Representatives that Yugoslavian President Slobodan Milosevic should provide the necessary security assurances to the United Nations interagency mission to the Federal Republic of Yugoslavia to permit them to safely and accurately provide the international community with an objective, first-hand assessment of the condition of refugees inside of Kosovo and all sectors of the Federal Republic of Yugoslavia; and (2) the House of Representatives encourages member nations of the North Atlantic Treaty Organization (NATO) to weigh the value of this humanitarian mission toward ending human suffering in Kosovo, and to consider reasonable measures to enhance the safety of this international delegation during its brief humanitarian mission within the Federal Republic of Yugoslavia. <all>

usgpo

2024-06-24T03:05:56.887383

BILLS-106hres162ih

Providing for enclosing the galleries of the House of Representatives with a transparent and substantial material.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 162 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 162 Providing for enclosing the galleries of the House of Representatives with a transparent and substantial material. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Burton of Indiana submitted the following resolution; which was referred to the Committee on House Administration _______________________________________________________________________ RESOLUTION Providing for enclosing the galleries of the House of Representatives with a transparent and substantial material. Resolved, SECTION 1. FINDINGS. The Congress finds the following: (1) The first bombing of the Capitol occurred in the Senate Wing of the building in 1915 by a man protesting United States involvement in World War I. (2) On March 1, 1954, 4 Puerto Rican nationalists armed with .38 caliber revolvers entered the visitors' gallery and fired a total of 19 shots at the Members and staff while the House of Representatives was in session and conducting a vote. 5 members of Congress were struck by the gunfire. (3) In 1971, a group named the Weather Underground planted an explosive device in a first-floor restroom on the Senate side of the Capitol to protest United States military involvement in the Vietnam War. The device detonated early in the morning when the building was closed, causing extensive damages but no injuries. (4) In 1983, a man carrying an improvised explosive device strapped to his body entered the House gallery while the House was in session. He was able to construct the device in such a manner as to avoid detection during security screening. During a floor debate, the man attempted to detonate the device until United States Capitol Police officers restrained the man, removed him from the gallery, and secured the device. (5) In 1983, a group named the Armed Resistance Unit planted an explosive device on the second floor of the Senate wing of the Capitol, outside the Senate Chamber. The group was protesting United States military involvement in Central America. The device detonated at 11:00 p.m. causing extensive damage to the area around the Chamber. At the time, the Senate recessed early and no one was in the area when the blast occurred. (6) On July 24, 1998, a lone gunman entered the Document Door of the Capitol and immediately shot and killed the officer posted at that location. The gunman then exchanged gunfire with another officer before fleeing further into the building where he engaged in another gunfight in which a second officer was killed. The gunman was shot several times during this incident. (7) The House and Senate visitors galleries are the frequent target of demonstrators. Whenever the House or Senate is debating a subject which is controversial or polarizing, it is not uncommon for disturbances to occur in the galleries in the form of civil disobedience. (8) Since August 1996, the United States Capitol Police have arrested 3 persons in the House galleries and 15 persons in the Senate galleries for disrupting Congress. (9) 7,000,000 to 10,000,000 tourists visit the Capitol complex annually. (10) In 1997, the Capitol hosted more than 2,000 American and foreign dignitaries, and was the site for nearly 300 scheduled demonstrations. (11) In addition to lawmakers and their staff, a sizable number of journalists, lobbyists, and service personnel also work within the Capitol complex. (12) These incidents and the amount of visitors and personnel present in the Capitol have prompted increases in the level of security afforded the Capitol complex. SEC. 2. ENCLOSURE OF HOUSE GALLERY. (a) In General.--The Architect of the Capitol shall enclose the galleries of the House of Representatives with a transparent and substantial material, and shall install equipment so that the proceedings on the floor of the House will be clearly audible in the galleries. (b) Authorization.--There shall be paid out of the applicable accounts of the House of Representatives such sums as may be reasonably necessary to carry out this resolution. <all>

usgpo

2024-06-24T03:05:56.984717