106th Congress > House > Vote 113
Clerk session vote number: 114
Description: Nadler of New York Substitute Amendment (As Modified)
Bill summary: Bankruptcy Reform Act of 2000-
Title I: Needs Based Bankruptcy
- Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy) to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits a party in interest from such motions). Lowers the "substantial abuse"
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standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae.
(Sec. 102) Provides that the presumption of abuse may be rebutted only with detailed documentation of special circumstances requiring additional expenses or adjustment of currently monthly total income. Includes within the calculation of debtor's monthly expenses: (1) those expenses incurred to maintain the safety of the debtor and the debtor's family from family violence as identified under the Family Violence Prevention and Services Act or other applicable Federal law; and (2) continuation of actual expenses paid by the debtor for the care and support of an elderly, chronically ill, or disabled household or non-dependent immediate family member.
Requires the debtor's counsel to: (1) reimburse the bankruptcy trustee for legal fees in prosecuting a dismissal or conversion motion if the court finds that counsel's filing under Chapter 7 was either not substantially justified, or frivolous; and (2) pay a civil penalty for the violation of certain bankruptcy rules.
Requires the court, upon motion by the victim of a crime of violence or a drug trafficking crime (or at the request of a party in interest), to dismiss a voluntary case filed by an individual debtor convicted of that crime (unless the debtor establishes that filing of the case is necessary to satisfy a claim for a domestic support obligation).
(Sec. 103) Directs the Secretary of the Treasury to report to certain congressional committees regarding the utilization of Internal Revenue standards for determining specified monthly expenses of a debtor and the impact of such standards upon debtors and the bankruptcy courts.
(Sec. 104) Revises procedural guidelines to mandate written notice to the individual consumer debtor before commencement of a case that credit counseling services approved by the United States Trustee are available.
(Sec. 105) Instructs the Director of the Executive Office for U.S. Trustees to: (1) develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances; and (2) test, evaluate, and report to the Congress on the curriculum's effectiveness.
(Sec. 106) Precludes an individual debtor from filing under Federal bankruptcy law unless the individual has received a briefing from an approved nonprofit credit counseling service prior to filing a bankruptcy petition, unless the U.S. trustee or bankruptcy administrator determines that the service for the district in which the debtor lives is not reasonably able to provide adequate services to the additional individuals who would otherwise seek credit counseling because of such requirement.
Predicates a Chapter 7 or Chapter 13 discharge in bankruptcy upon the debtor's completion of an approved instructional course concerning personal financial management.
Prohibits such counseling service from informing a credit reporting agency whether an individual debtor has received or sought personal financial management instruction. Establishes civil penalties for noncompliance.
Title II: Enhanced Consumer Protection
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Subtitle A: Penalties for Abusive Creditor Practices
- Cites circumstances under which the court may reduce by up to 20 percent a claim based in whole upon unsecured consumer debts if the debtor can show by clear and convincing evidence that the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed by an approved credit counseling agency acting on the debtor's behalf.
(Sec. 202) Modifies guidelines governing the discharge of a debtor's liability, as well as the automatic stay, to entitle an individual who is injured by the willful failure of a creditor to credit payments received to bring an action for actual damages and legal fees.
(Sec. 203) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate specified detailed disclosures and explanations to the debtor for dischargeable debt agreements.
Amends Federal criminal law to instruct the Attorney General to designate U.S. attorneys and agents of the Federal Bureau of Investigation to implement enforcement activities in addressing: (1) abusive reaffirmations of debt; and (2) materially fraudulent statements in bankruptcy schedules that are intentionally false or misleading. Directs the bankruptcy court to establish procedures for referring those cases to such U.S. attorneys and agents of the Federal Bureau of Investigation.
Subtitle B: Priority Child Support
- Revises Chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order.
(Sec. 213) Conditions court confirmation of a debt repayment plan under Chapters 12 (Debts of a Family Farmer) and 13 (and the subsequent discharge of debts) upon certification of debtor's full payment of all adjudicated domestic support obligations that are due after the petition filing date.
(Sec. 214) Excepts from an automatic stay specified choses-in-action pertaining to domestic support obligations proceedings including: (1) child custody or visitation; (2) dissolution of marriage; (3) domestic violence; (4) withholding of income that is property of the bankrupt estate for payment of domestic support obligations; (5) suspension of drivers' licenses and professional licenses; (6) reporting of overdue support owed by a parent to certain consumer reporting agencies; (7) interception of specified tax refunds; and (8) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act.
(Sec. 215) Revamps guidelines governing the nondischargeability of certain debts for alimony, maintenance, and support to repeal the exceptions granted the debtor under specified conditions.
(Sec. 216) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny. Repeals the liability of such property for domestic support obligations.
(Sec. 217) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation.
(Sec. 218) Redefines "disposable income" received by certain debtors to include income not reasonably expected to be expended for a child support, foster care, or disability payment for a dependent child made in accordance with nonbankruptcy law.
(Sec. 219) Sets forth the duties of the bankruptcy trustee under chapters 7, 11, 12 and 13 regarding a claim against an individual debtor for the collection of child support, including notifying the claim holder and the appropriate State child support agency of the debtor's location.
(Sec. 220) Expands the exceptions to nondischargeable debts to include certain qualified educational loans which, if not discharged, would impose an undue hardship upon either the debtor or the debtor's dependent.
Subtitle C: Other Consumer Protections
- Modifies guidelines governing nonattorney bankruptcy petition preparers to mandate that as a prerequisite to any collection of fees for services: (1) such preparers officially disclose to debtors that they cannot practice law or give legal advice; and (2) such disclosure be signed by the debtor and filed with the requisite court documents. Prescribes enforcement and penalty guidelines for preparer noncompliance.
(Sec. 222) Expresses the sense of the Congress that States should develop curricula relating to the subject of personal finance, designed for use in elementary and secondary schools.
(Sec. 223) Places in the tenth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired.
(Sec. 224) Permits an individual debtor to exempt from the property of the bankrupt estate certain tax-exempt retirement funds that have not been obligated in connection with any extension of credit.
Exempts from either an automatic stay or a discharge in bankruptcy specified income withheld from the debtor pursuant to pension or profit sharing plans sponsored by such debtor's employer to pay certain loans from such plans.
(Sec. 225) Sets forth criteria for excluding certain education individual retirement accounts from the property of the bankruptcy estate if the designated beneficiary is a child or grandchild of the debtor.
Title III: Discouraging Bankruptcy Abuse
- Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner.
(Sec. 302) Terminates the automatic stay 30 days after filing of a petition if a chapter 7, 11, or 13 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith.
(Sec. 303) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case.
(Sec. 304) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt, or redemption of the property within 45 days, in order to retain possession of personal property. Allows a creditor to take action with respect to such property under nonbankruptcy law if the debtor fails to act within 45 days, unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate.
(Sec. 305) Declares that the automatic stay is terminated regarding property of the debtor's estate securing a claim or subject to an unexpired lease, if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame (unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate).
(Sec. 306) Instructs the bankruptcy court to confirm a chapter 13 plan if it provides that the holder of a secured allowed claim shall retain the attendant lien until payment or discharge of all debts.
Provides that if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder shall retain such lien to the extent recognized by applicable nonbankruptcy law.
Provides that statutory guidelines to determine the secured status of a creditor's claim do not apply if the underlying debt was incurred within the five-year period preceding the filing of the bankruptcy petition and the collateral for that debt consists of a motor vehicle acquired for the debtor's personal use (or if the collateral consists of any other thing of value if the debt was incurred during the six-month period preceding such filing).
(Sec. 307) Increases from 180 to 730 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate.
(Sec. 308) Reduces the value of the homestead exemption and debtor's burial plot to the extent it is attributable to any portion of any property that is disposed by the debtor within the 730-day period ending on the bankruptcy petition filing date with the intent to obstruct or defraud a creditor, and that the debtor could not exempt.
(Sec. 309) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law, has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion.
Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases of personal property. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date.
Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to ensure adequate protection to the claim holder during the payment period.
(Sec. 310) Reduces from the threshold amounts of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days and 70 days, respectively (currently 60 days) before an order for relief is issued.
(Sec. 311) Precludes an automatic stay of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which: (1) the debtor resides and has not paid rent after the commencement and during the course of the case; (2) the rental agreement has terminated; (3) the debtor has previously filed within the last year and failed to pay post-petition rent during the course of that case; or (4) eviction actions are based upon endangerment to property or person or the use of illegal drugs.
(Sec. 312) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years.
(Sec. 314) Declares nondischargeable in bankruptcy: (1) debts intentionally incurred to pay a nondischargeable debt with the intent to discharge the newly-created debt; and (2) all debts incurred to pay nondischargeable debts, without regard to intent, if incurred within 70 days of the filing of the petition.
Treats a debt incurred to pay child or spousal support as a dischargeable debt (in order to preclude such support from having to compete with the nondischargeable debt).
Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury that caused personal injury or death of an individual.
(Sec. 315) Prescribes notice procedures for chapter 7 and chapter 13 creditors.
Expands debtor's duties to require filing with the bankruptcy court of: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules, and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within five days of such request.
Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination.
Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated.
Makes debtor's mandatory documentation available for inspection and copying to certain bankruptcy officers and any party in interest. Requires debtors to furnish driver's license, passport, or other photograph-containing documentation establishing debtor identification.
(Sec. 316) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation.
(Sec. 317) Requires a Chapter 13 confirmation hearing to be held not later than 45 days after the first meeting of creditors.
Mandates filing of a Chapter 13 debt readjustment plan within 90 days of the order for relief.
(Sec. 318) Prohibits such plan (with certain exceptions) from providing for payments over a period that is longer than three years.
(Sec. 319) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law.
(Sec. 320) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time.
(Sec. 321) Revamps guidelines governing a Chapter 11 business reorganization case filed by an individual to: (1) identify the property of the estate in bankruptcy; and (2) revise the contents, confirmation, and modification of a reorganization plan.
(Sec. 322) Excludes employee benefit plan participant contributions from the property of the bankruptcy estate.
(Sec. 324) Prohibits a debtor from exempting from the estate in bankruptcy any amount of interest that exceeds in the aggregate $100,000 in value in: (1) real or personal property used as a residence; (2) a cooperative that owns property used as a residency by the debtor or debtor's dependent; or (3) a burial plot for the debtor or debtor's dependent.
(Sec. 325) Amends the Federal judiciary code to: (1) grant the district court presiding over a title 11 case exclusive jurisdiction over property of the debtor and of the estate, as well as to claims relating to employment or disclosure of bankruptcy professionals; and (2) increase bankruptcy fees and the amounts deposited as offsetting collections to both the United States Trustee Systems Fund, and to a special fund of the Treasury available to offset funds appropriated for court operation and maintenance.
(Sec. 328) Amends Federal bankruptcy law to exclude from a discharge in bankruptcy any debt arising from actions: (1) to protect access to reproductive health service facilities; or (2) that result from debtor's intimidation of or interference with a person's obtaining or providing such health services, or from damage or destruction of health care facility property.
Title IV: General and Small Business Bankruptcy Provisions
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Subtitle A: General Business Bankruptcy Provisions
- Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay.
(Sec. 402) Denies a debtor an automatic stay of the commencement of an investigation or action by a securities self-regulatory organization to enforce compliance with its regulations, or of the enforcement of any order or decision obtained by such an organization, other than for monetary sanctions.
(Sec. 403) Authorizes the bankruptcy court, upon request of a party in interest, to order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case.
(Sec. 405) Amends guidelines for rejection and surrender of executory contracts and unexpired leases.
(Sec. 406) Authorizes a chapter 11 court to increase the membership of a committee of creditors and equity security holders to include a creditor that is a small business concern following a determination that such creditor holds claims of the kind represented by the committee, the aggregate amount of which is disproportionately large in comparison to the creditor's annual gross revenue. Requires such committee to provide access to information to certain creditors who are not committee members.
(Sec. 407) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods.
(Sec. 409) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved.
(Sec. 410) States that acceptance or rejection of a chapter 11 plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law.
(Sec. 411) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000.
(Sec. 413) Limits the extensions of time permitted for filing a chapter 11 reorganization plan.
(Sec. 414) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot.
(Sec. 415) Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney.
(Sec. 416) Removes investment bankers from the definition of "disinterested person."
(Sec. 420) Amends the Federal judicial code to authorize the district court or bankruptcy court to waive the Chapter 7 filing fee and other attendant fees for certain chapter 7 debtors whom the court has determined to be unable to pay fees in installments.
(Sec. 421) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States to propose amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms directing chapter 11 debtors to disclose information relating to the value, operations, and profitability of any closely held corporation, partnership, or other entity in which the debtor holds a substantial or controlling interest.
Subtitle B: Small Business Bankruptcy Provisions
- Sets forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information.
(Sec. 432) Defines a small business debtor, generally, as a person (including a debtor affiliate) with not more than $3 million in aggregate non-contingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief (excluding debts owed to one or more affiliates or insiders).
(Sec. 433) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors.
(Sec. 434) Sets forth uniform national reporting requirements for small business debtors.
(Sec. 435) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements.
(Sec. 436) Sets forth duties and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee.
(Sec. 443) Directs the Small Business Administration to study and report to the Congress on: (1) the factors that cause small businesses to become debtors in bankruptcy; and (2) how Federal bankruptcy laws can be made more efficient in assisting small businesses to retain their viability.
(Sec. 444) Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate).
Title V: Municipal Bankruptcy Provisions
- Makes technical amendments to requirements for a municipal bankruptcy petition.
Title VI: Improved Bankruptcy Statistics and Data
- Amends the Federal judicial code to require each U.S. trustee to report to the Attorney General on audit results in bankruptcy cases. Requires the Attorney General to establish random audits of individual cases.
(Sec. 602) Amends the Federal judicial code to require the clerk of each district to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress.
(Sec. 603) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents.
(Sec. 604) Expresses the sense of the Congress that: (1) the national policy should be that all public record data held in electronic form by bankruptcy clerks should be released in electronic form in bulk to the public subject to appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record.
Title VII: Bankruptcy Tax Provisions
- Amends the bankruptcy code to modify the treatment of certain tax liens.
(Sec. 702) Provides that a claim for debtor's liability for fuel tax which is filed by the base jurisdiction designated under the International Fuel Tax Agreement shall be allowed as a single claim.
(Sec. 703) Mandates that the clerk of each district maintain a listing under which a governmental entity responsible for the collection of taxes within such district may designate an address for service of requests and describe where further information for filing such requests may be found.
(Sec. 704) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims.
(Sec. 705) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case, and the pendency or effect of offers in compromise or installment agreements.
(Sec. 708) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax.
(Sec. 709) Amends the automatic stay of U.S. Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief.
(Sec. 710) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make regular cash installment payments over a period ending not later than five years after the date of entry of the order for relief, and in a manner not less favorable than the most favored nonpriority unsecured claim provided for in the plan.
(Sec. 711) Prohibits the avoidance of statutory tax liens by certain purchasers.
(Sec. 712) Amends the Federal judicial code to require officers and agents conducting any business under court authority to pay all Federal, State and local taxes when due in the course of the business, unless it is a property tax secured by a lien against estate property which is abandoned by the bankruptcy trustee, or payment of the tax is excused under a specific bankruptcy law. Cites circumstances in which payment of such taxes may be deferred in a case pending under chapter 7 until final distribution is made.
Entitles to administrative expense priority payment certain secured and postpetition unsecured taxes incurred by the bankruptcy estate, including ad valorem property taxes.
Declares that a governmental unit shall not be required to file a request for the payment of administrative expenses relating to a tax liability or tax penalty.
Allows a trustee to recover from property securing a claim for the payment of all ad valorem property taxes relating to such property.
(Sec. 713) Requires as a condition for payment of tardily filed priority tax claims that they be filed either before the trustee commences distribution or ten days following the mailing to creditors of the summary of the trustee's final report, whichever is earlier (currently, before the trustee commences distribution of the estate).
(Sec. 714) Makes nondischargeable any obligations based on income tax returns or equivalent reports or notices prepared by tax authorities.
(Sec. 715) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements.
(Sec. 716) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the four-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan or convert it to chapter 7, whichever is in the best interests of the creditors and the estate, if a chapter 13 debtor fails to comply with such time frame.
Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax returns and to plan confirmation.
(Sec. 717) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor domiciled in the State in which the debtor resides or has its principal place of business typical of the holders of claims or interests in the case.
(Sec. 718) Denies an automatic stay (unless specified conditions are met) to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief.
(Sec. 719) Revises special provisions related to the treatment of State and local taxes, including the creation of a separate taxable estate when such is done for Federal tax purposes.
(Sec. 720) Provides that if the debtor fails to timely file a tax return or obtain an extension, a taxing authority may petition the court to convert or dismiss a case, whichever is in the best interests of creditors and the estate.
Title VIII: Ancillary and Other Cross-Border Cases
- Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access of foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings.
Title IX: Financial Contract Provisions
- Amends Federal bankruptcy law to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers to those transfers that are fraudulent in nature.
(Sec. 901) Sets forth guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions.
(Sec. 902) Specifies the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, or master netting agreements; or (2) their liquidation, acceleration, or termination by a forward contract merchant, stockbroker, financial institution, securities clearing agency, repo participant, financial participant, master netting agreement participant, or swap participant .
(Sec. 903) Declares that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee).
Title X: Protection of Family Farmers And Family Fishermen
- Amends the Federal bankruptcy code to: (1) reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income (thereby reinstating family farmer bankruptcy relief); (2) define a family farmer as one more than 50 percent of whose gross income was received from a farming operation during at least one of the three taxable years (instead of the single taxable year) preceding the taxable year in which the bankruptcy petition was filed; and (3) cite circumstances under which the claim of a governmental unit that arises as a result of the disposition of a farm asset used in the debtor's farming operation shall be treated as an unsecured claim not entitled to priority.
(Sec. 1005) Cites circumstances under which the court shall confirm a family farmer bankruptcy plan notwithstanding the objection of the trustee or holder of an allowed unsecured claim. Prohibits any post-confirmation modification of a bankruptcy plan that would increase the amount of payments that were due before such modification. Provides that, unless the debtor proposes the modification, a modified plan may not: (1) require payments to unsecured creditors in any particular month greater than debtor's disposable income for that month based on an increase in debtor's disposable income; and (2) require in its last year, payments that would leave the debtor with insufficient funds after plan completion to carry on the farming operation.
(Sec. 1006) Establishes "family fisherman" within the category of debtors entitled to bankruptcy law protection.
Title XI: Health Care and Employee Benefits
- Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (not including a health maintenance organization) that commences a proceeding for debtor relief and the trustee does not have sufficient funds to pay for the storage of patient records as required by law.
(Sec. 1103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business.
(Sec. 1104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization).
(Sec. 1105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute.
(Sec. 1106) Instructs the Attorney General to establish a policy and protocols for coordinating a response to bankruptcies of health care businesses, including time frame assessment for disposal of patient records.
(Sec. 1107) Denies an automatic stay to a debtor's exclusion by the Secretary of Health and Human Services from participation in the Medicare program or any other Federal health care program (thus precluding the debtor's continuation or reinstatement in such a program).
Title XII: Amendments to Fair Labor Standards Act of 1938
- Amends the Fair Labor Standards Act of 1938 to: (1) raise minimum wage levels in annual increments retroactively from September 1, 1997, and prospectively as of March 1, 2002; and (2) redefine "regular rate" prescriptions.
Title XIII: Tax Relief
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Subtitle A: Small Business Tax Relief
- Amends the Internal Revenue Code to provide tax relief for small businesses, including: (1) an increase to $30,000 of the limitation on expensing certain depreciable business assets; (2) repeal of the temporary unemployment tax; (3) full deduction of health insurance costs for self-employed individuals; (4) permanent extension of the work opportunity credit; and (5) an increased deduction for meal and entertainment expenses.
Subtitle B: Deductions for Health and Long-term Care Insurance
- Allows a deduction from gross income for health and long-term care insurance costs of individuals not participating in employer-subsidized health plans. Excludes employer contributions from the individuals' gross income.
Subtitle C: Pension Tax Relief
- Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to revise specified pension tax requirements, including: (1) increased benefit and contribution limits; (2) plan loans for subchapter S owners, partners, and sole proprietors; (3) catchup contributions for individuals age 50 or over; (4) faster vesting of certain employer matching contributions; (5) revised rollover prescriptions; (6) modification of pension security and enforcement prescriptions; (7) regulatory modifications; and (8) provisions relating to plan amendments.
Subtitle D: Revenue Provisions
- Amends the Internal Revenue Code to deny the installment method to income from an installment sale reported under the accrual method of accounting.
(Sec. (1392) Revises the estimated tax rules for closely held real estate investment trusts (REITs).
Title XIV: Technical Amendments
- Makes technical corrections to Federal bankruptcy, judicial, and criminal law.
(Sec. 1401) Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property.
(Sec. 1402) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly.
(Sec. 1406) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted.
(Sec. 1408) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee.
(Sec. 1409) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner.
(Sec. 1413) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor.
(Sec. 1422) Permits the bankruptcy trustee to sell, use, or lease property in accordance with nonbankruptcy law governing the transfer of property by nonprofit charitable corporations, if doing so is not inconsistent with certain relief granted under the automatic stay.
(Sec. 1423) Extends from 20 to 30 days the length of time after a debtor receives possession of property for perfection of a security interest in such property created by a transfer which the trustee may not avoid.
(Sec. 1425) Bankruptcy Judgeship Act of 2000- Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such district five years or more after a judge is appointed under this Act shall not be filled.
Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina.
(Sec. 1426) Defines family fishermen debtors for bankruptcy purposes.
(Sec. 1427) Prescribes compensation guidelines for the services and expenses of a trustee who has successfully petitioned the court to convert or dismiss a chapter 7 case.
(Sec. 1429) Amends the Truth in Lending Act (TILA) to mandate inclusion of an electronic version of or link to a Federal Trade Commission pamphlet on choosing and using credit cards in any electronic transaction or transmission concerning a credit card account under an open end consumer credit plan.
(Sec. 1430) Amends the bankruptcy code to: (1) prohibit a political committee subject to Federal Election Commission (FEC) jurisdiction from filing for bankruptcy; and (2) include among nondischargeable debts any fines or penalties imposed under Federal election law.
(Sec. 1432) Amends TILA to prohibit certain retroactive finance charges to a credit card account under an open end credit plan for payments made during a grace period applicable to any new extension of credit under the account.
(Sec. 1433) Instructs the Board of Governors of the Federal Reserve System to report to certain congressional committees as to whether and how financial institutions consider the residential location of a credit card applicant in deciding whether an applicant should be granted such credit card.
(Sec. 1434) Requires the Director of the Administrative Office of the U.S. Courts to develop materials and conduct training useful to courts in implementing this Act.
(Sec. 1435) Amends Federal bankruptcy law to modify the right of the seller of goods to the debtor to reclaim such goods if the debtor received such goods while insolvent. Limits the period of receipt to 45 days before commencement of the case, and the time during which the seller may demand reclamation to 45 days after receipt, or before 20 days after commencement of the bankruptcy case.
(Sec. 1436) Prohibits a court from granting a discharge in a chapter 7 case, or from confirming a reorganization plan in a chapter 11 or 13 case, unless requested tax documents are filed with or otherwise provided to the court.
(Sec. 1438) Expresses the sense of Congress that: (1) consumer credit may sometimes be offered indiscriminately without lender action to ensure consumer repayment capacity, and in a manner which may encourage additional debt accumulation; and (2) resulting consumer debt may increasingly be a major contributing factor to consumer insolvency.
Instructs the Board of Governors of the Federal Reserve System to study indiscriminate solicitation and extension of credit by the credit industry. Authorizes the Board to: (1) promulgate regulations requiring additional disclosures to consumers; and (2) take measures to ensure responsible industrywide practices and to prevent resulting consumer debt and insolvency.
(Sec. 1439) Cites circumstances in which property of the estate in bankruptcy does not include tangible personal property pledged or sold by the debtor as collateral for a loan or money advance, and the pledgee or transferee possesses such property.
(Sec. 1440) Amends TILA to require a creditor that maintains a toll-free telephone number informing customers of the actual number of months needed to repay an outstanding balance to declare on each billing statement: "Making only the minimum payment will increase the interest and the time to repay the balance. For more information, call this toll-free number."
Title XV: General Effective Date; Application of Amendments
- Sets forth the effective date of this Act and the application of its amendments.
Title XVI: Financial Institutions Insolvency Improvement
- Financial Institutions Insolvency Improvement Act of 2000- Amends the Federal Deposit Insurance Act (FDIA) to redefine specified contracts, agreements, and transfers entered into with an insolvent insured depository institution before the appointment of a conservator or receiver.
(Sec. 1602) Declares that no person shall be stayed or prohibited from exercising any right to cause the acceleration of any qualified financial contract with an insured depository institution which arises upon the appointment of the Federal Deposit Insurance Corporation (FDIC) as receiver at any time after such appointment.
(Sec. 1603) Declares that no provision of law shall be construed as limiting the right or power of the FDIC, or authorizing any court or agency to limit or delay, in any manner, the FDIC's right or power to transfer, disaffirm, or repudiate any qualified financial contract of a failed institution.
Prohibits enforcement of a walkaway clause in a qualified financial contract of a failed insured depository institution (a clause that either does not create a payment obligation of a party, or extinguishes it solely because of such party's status as a nondefaulting party).
(Sec. 1604) Revises guidelines governing transfers of qualified financial contracts of an insolvent institution to include: (1) transfers to a foreign bank or foreign financial institution (including its branch or agency) (but only when the contractual rights of the parties to such qualified financial contracts are enforceable substantially to the same extent as permitted under such Act); and (2) transfers of contracts subject to the rules of a clearing organization. Defines financial institution to include a broker or dealer, a depository institution, a futures commission merchant, or any other institution as determined by FDIC regulation.
Suspends certain termination rights of counterparties to a qualified financial contract with an insolvent insured depository institution until after the receiver's appointment, or after receipt of notice that the contract has been transferred.
Declares that none of the following institutions shall be considered a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding: (1) a bridge bank; or (2) an FDIC-organized depository institution for which a conservator is appointed either immediately upon organization, or at the time of a purchase and assumption transaction between such institution and the FDIC as receiver for a depository institution in default.
(Sec. 1605) Prescribes guidelines for: (1) the disaffirmance or repudiation of qualified financial contracts by the conservator or receiver for a failed depository institution; and (2) the treatment of a master agreement as a single agreement and a single qualified financial contract.
(Sec. 1607) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to make conforming amendments with respect to: (1) bilateral netting contracts; (2) security agreements; (3) clearing organization netting contracts; (4) contracts with uninsured national banks; and (5) contracts with uninsured Federal branches or agencies.
(Sec. 1608) Amends the FDIA to authorize the FDIC to prescribe more detailed recordkeeping requirements for qualified financial contracts (including market valuations) by insured depository institutions.
(Sec. 1609) Exempts specified collateralization agreements from the contemporaneous execution requirement that renders invalid certain agreements against FDIC interests in certain asset acquisitions.
(Sec. 1610) Amends the Securities Investor Protection Act of 1970 to provide that neither the filing of a protective decree by the Securities Investor Protection Corporation, nor any court protective order, shall operate as a stay of a creditor's contractual rights to liquidate, terminate, or accelerate designated contracts and agreements. Allows such application, order, or decree, however, to operate as a stay of foreclosure on securities collateral pledged by the debtor, whether or not with respect to one or more of such contracts, agreements, or securities sold by the debtor under a repurchase agreement.
(Sec. 1611) Amends the Federal Reserve Act to increase the types of acceptances eligible to meet Federal Reserve collateral requirements.
Title XVII: Methamphetamine and Other Controlled Substances
- Methamphetamine Anti-Proliferation Act of 2000 -
Subtitle A: Methamphetamine Production, Trafficking, and Abuse
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Chapter 1: Criminal Penalties
- Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act (MDLEA), by reviewing and amending its guidelines to provide for increased penalties such that those penalties are comparable to the base offense level for methamphetamine.
(Sec. 1711) Directs the Commission to: (1) ensure that the sentencing guidelines for offenders of such offenses reflect the heinous nature of such offenses, the need for aggressive law enforcement, and the extreme dangers associated with unlawful activity involving amphetamines; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the (emergency) authority of that Act had not expired.
(Sec. 1712) Directs the Commission to: (1) amend the guidelines to increase the base offense level, with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, the CSIEA, or the MDLEA, by specified amounts if the offense created a substantial risk of harm to human life or the environment, or to the life of a minor or incompetent; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired.
(Sec. 1713) Provides for mandatory (currently discretionary) restitution for CSA and CSIEA violations. Expands provisions regarding restitution for cleanup of clandestine laboratory sites to cover offenses involving, and reimbursement for costs incurred for the cleanup associated with, the manufacture of amphetamine (currently limited to methamphetamine), and to include reimbursement to States and local governments, as well as to the United States. Amends the Federal judicial code to provide for the deposit of certain sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund. Makes mandatory restitution provisions applicable to the prohibition against the establishment of manufacturing operations with respect to controlled substances. Treats illicit substance manufacturing operations as crimes against property.
(Sec. 1714) Amends CSA to include items primarily intended or designed for use in introducing methamphetamine into the body within the definition of "drug paraphernalia."
Chapter 2: Enhanced Law Enforcement
- Amends the judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DOJ in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (2) a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government in such case.
(Sec. 1721) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make funds under the drug control and system improvement (Byrne) grant program available to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine. Requires that any sums made available from the DOJ Assets Forfeiture Fund for purposes of this section in a fiscal year supplement and not supplant any other amounts made available to DOJ in such fiscal year from other sources.
(Sec. 1722) Amends CSA to modify the definition of "regulated transaction" to reduce the retail sales transaction threshold for non-safe harbor products containing pseudoephedrine or phenylpropanolamine.
(Sec. 1723) Directs the Administrator of the Drug Enforcement Administration (DEA) to carry out specified programs (advanced mobile clandestine laboratory training teams, basic clandestine laboratory certification training, and clandestine laboratory recertification and awareness training) with respect to the law enforcement personnel of States and localities determined by the Administrator to have significant levels of methamphetamine- or amphetamine-related crime or projected by the Administrator to have the potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations.
(Sec. 1724) Requires the Director of National Drug Control Policy to: (1) use amounts available under this section to combat the trafficking of methamphetamine and amphetamine in areas designated as high intensity drug trafficking areas; and (2) provide funds for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel. Authorizes appropriations. Requires the Director to apportion amounts appropriated for a fiscal year pursuant to such authorization of appropriations for activities under this section among and within areas designated by the Director as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in Federal, State, or local courts in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests by Federal, State, or local courts in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized by Federal, State, or local law enforcement officials in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services (HHS) showing patterns and trends in abuse, trafficking, and transportation in methamphetamine, amphetamine, and listed chemicals. Requires the Director, before apportioning any funds under this section to a high intensity drug trafficking area, to certify that the law enforcement entities responsible for clandestine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. Sets limits on administrative costs.
(Sec. 1725) Authorizes the Administrator of the DEA to: (1) assist State and local law enforcement in small and mid-sized communities in all phases of investigations related to such manufacturing and trafficking; (2) staff additional regional enforcement and mobile enforcement teams related to such manufacturing and trafficking; (3) establish additional resident offices and posts of duty to assist State and local law enforcement in rural areas in combating such manufacturing and trafficking; (4) provide the Special Operations Division of DEA with additional agents and staff for specified purposes; (5) enhance the investigative and related functions of DEA's Chemical Control Program; (6) design an effective means of requiring an accurate accounting of the import and export of list I chemicals and coordinate investigations relating to their diversion; (7) develop a computer infrastructure sufficient to receive, process, analyze, and redistribute time-sensitive enforcement information from suspicious order reporting to DEA field offices and other law enforcement and regulatory agencies; and (8) establish an education, training, and communication process to alert the industry to current trends and emerging patterns in illegal amphetamine and methamphetamine manufacturing. Authorizes the Administrator to establish in DEA, and appoint personnel, for not more than: (1) 50 full-time positions, including up to 31 special agent positions; and (2) 15-full time additional positions, including up to ten diversion investigator positions, with respect to activities specified in paragraphs five through eight in the previous paragraph. Authorizes appropriations.
Chapter 3: Abuse Prevention and Treatment
- Amends the Public Health Service Act (PHSA) to authorize the Director of the National Institute on Drug Abuse to make grants to enter into cooperative agreements to expand the current and on-going interdisciplinary research and clinical trials with treatment centers of the National Drug Abuse Treatment Clinical Trials Network relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Sets forth provisions regarding permissible uses of grant funds and dissemination of research results. Authorizes appropriations.
(Sec. 1732) Amends PHSA to authorize the Director of the Center for Substance Abuse Treatment to make grants to States and Indian tribes recognized by the United States that have a high rate, or have had a rapid increase, in methamphetamine or amphetamine abuse or addiction to permit such States and tribes to expand activities in connection with treatment in specific geographical areas. Sets forth grant requirements and responsibilities of the Director. Authorizes appropriations.
(Sec. 1733) Amends PHSA to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to methamphetamine and other illicit drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based. Sets forth provisions regarding permissible grant uses, priorities in making grants, program evaluation, and reporting requirements. Authorizes appropriations for expansion of abuse prevention efforts and for practitioner registration requirements.
(Sec. 1734) Directs the Secretary of HHS to: (1) conduct a study on the development of medications for the treatment of addiction to amphetamine and methamphetamine; and (2) report to the Senate and House Judiciary Committees. Authorizes appropriations.
Chapter 4: Reports
- Directs the Secretary to include in each National Household Survey on Drug Abuse appropriate prevalence data and information on the consumption of methamphetamine and other illicit drugs in rural areas, metropolitan areas, and consolidated metropolitan areas.
(Sec. 1742) Directs the Attorney General to: (1) conduct a study of the use of ordinary, over-the-counter pseudoephedrine and phenylpropanolamine products in the clandestine production of illicit drugs; and (2) report to Congress the findings and any recommendations on the need to establish additional measures to prevent diversion.
Subtitle B: Controlled Substances Generally
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Chapter 1: Criminal Matters
- Directs the Sentencing Commission to amend the sentencing guidelines to provide for enhanced penalties for CSA and CSIEA violations involving: (1) ephedrine, phenylpropanolamine, and pseudoephedrine; and (2) other list I chemicals to reflect the dangerous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving methamphetamine and amphetamine.
(Sec. 1751) Directs the Commission to promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired.
(Sec. 1752) Revises CSA mail order provisions to: (1) require that each regulated person who engages in an export transaction (currently, limited to each regulated person who engages in a transaction with a non-regulated person) submit a monthly report of each such transaction to the Attorney General; and (2) make specified exemptions from such reporting requirement, such as for certain distributions of sample packages of drug products and distributions of drug products pursuant to a valid prescription. Authorizes the Attorney General to revoke any such exemptions if drug products distributed by the regulated person are being used in violation of CSA requirements, subject to specified notification and right to an expedited hearing.
(Sec. 1753) Amends CSA to increase the minimum sentences: (1) from one year to three years for a first offense of distributing controlled substances to persons under age 21, and from one to five years for a second offense; and (2) from one year to three years for a first offense of distributing them in or near a school, and from three to five years for a second offense.
(Sec. 1755) Amends CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances.
(Sec. 1756) Amends CSA to prohibit and set penalties for the theft of anhydrous ammonia, or the transportation of stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such ammonia will be used to manufacture a controlled substance in violation of the Act. Requires the DEA Administrator to seek to enter into an agreement with Iowa State University to permit the University to expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate its usefulness as an ingredient in methamphetamine production. Authorizes such agreement to provide $500,000, on a reimbursable basis, for such activities. Authorizes appropriations.
(Sec. 1757) Amends the Federal criminal code to prohibit, and set penalties for, teaching or demonstrating: (1) the manufacture of a controlled substance, or distributing by any means information pertaining to, the manufacture of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime; or (2) to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, such manufacture, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime.
Chapter 2: Other Matters
- Amends CSA to waive the requirement that practitioners who dispense narcotic drugs to individuals for maintenance or detoxification treatment annually obtain a separate registration for that purpose, and that the Attorney General register an applicant to dispense narcotic drugs to individuals for such treatment, in the case of the dispensing by a practitioner of narcotic drugs in schedule III, IV, or V, or combinations of such drugs (schedule III-V drugs) if the practitioner and the drugs meet specified conditions. Requires that: (1) the practitioner, before dispensing schedule III-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary of HHS and the Attorney General a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is licensed under State law and has the ability to treat and manage opiate-dependent patients, has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services, and meets other specified requirements; and (2) the schedule III-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use).
(Sec. 1761) Authorizes the Secretary to issue regulations through notice and comment rulemaking or practice guidelines to address the following: (1) approval of additional credentialing bodies and the responsibilities of additional credentialing bodies; and (2) additional exemptions from the requirements and any regulations under this section. Directs the Secretary to issue a Treatment Improvement Protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. Sets forth: (1) provisions regarding physician training and experience for purposes of the regulations or practice guidelines; and (2) procedural waiver requirements. Requires the Secretary to notify the physician and the Attorney General upon determining that a physician meets specified conditions. Directs the Attorney General, upon receiving such notice, to assign the physician an identification number for inclusion with the physician's current registration to prescribe narcotics. Specifies that an identification number assigned a physician shall be appropriate to preserve the confidentiality of a patient prescribed narcotic drugs by the physician. Requires the Secretary and the Attorney General, during the three-year period beginning on the date of this Act's enactment, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary to collect data from the practitioners for whom waivers are in effect. Sets forth further requirements with respect to the Secretary and the Attorney General, and further procedural requirements. Prohibits a State, during the three-year period, from precluding a practitioner from dispensing schedule III-V drugs to patients for maintenance or detoxification treatment in accordance with this Act unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs. Authorizes appropriations.
Subtitle C: Cocaine Powder
- Powder Cocaine Sentencing Act of 2000 - Amends CSA and the Controlled Substances Import and Export Act to reduce the threshold amount of cocaine powder that constitutes a felonious possession and subject to mandatory criminal penalties.
(Sec. 1772) Instructs the Sentencing Commission to amend Federal sentencing guidelines to reflect the amendments made by this Act.
Subtitle D: Education Matters
- Amends the Elementary and Secondary Education Act of 1965 (the Act) to redesignate the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1999.
(Sec. 1781) Revises the minimum one-year expulsion requirement for weapon possession on school property to include as an expellable offense possession of felonious quantities of an illegal drug on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, a local educational agency in that State. Revises compliance reporting datelines.
(Sec. 1782) Authorizes a local educational agency to use certain Federal education program funds to pay the supplementary costs of attending another school (including a religious school) for any public elementary or secondary school student victim of a violent criminal offense committed on school grounds.
Subtitle E: Miscellaneous
- Modifies Federal criminal code provisions regarding additional grounds for issuing a warrant to specify that any notice required to be given may be delayed, pursuant to specified standards, terms, and conditions set forth elsewhere in the code, unless otherwise expressly provided by statute.
(Sec. 1792) Directs the Federal Bureau of Investigation to study and report to Congress on specified issues regarding the Fuerzas Armadas de Liberacion Nacional Puertorriquena (FALN) and Los Macheteros terrorist organizations.
(Sec. 1793) Requires the head of each Federal department, agency, and establishment to place anti-drug messages on appropriate Internet websites controlled by such department, agency, or establishment, an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy.
(Sec. 1794) (This section and Sec. 1795 repeat Secs. 1781 and 1782) Amends the Elementary and Secondary Education Act of 1965 (the Act) to redesignate the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1999.
Revises the minimum one-year expulsion requirement for weapon possession on school property to include as an expellable offense possession of felonious quantities of an illegal drug on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, a local educational agency in that State. Revises compliance reporting datelines.
(Sec. 1795) Authorizes a local educational agency to use certain Federal education program funds to pay the supplementary costs of attending another school (including a religious school) for any public elementary or secondary school student victim of a violent criminal offense committed on school grounds.
(Sec. 1797) (Repeats Secs. 1753 and 1754) Amends CSA to increase the minimum sentences: (1) from one year to three years for a first offense of distributing controlled substances to persons under age 21, and from one to five years for a second offense; and (2) from one year to three years for a first offense of distributing them in or near a school, and from three to five years for a second offense.
Title XVIII: Protection From the Impact of Bankruptcy of Certain Electric Utilities
- Emergency Imported Electric Power Price Reduction Act of 2000 - Declares that the Firm Power and Energy Contract with Hydro-Quebec dated December 4, 1987, as it exists on the date of enactment of this Act, shall be void 180 days after the date of enactment of this Act.
(Sec. 1803) States that the parties to such contract are not precluded from amending it, or entering into a new contract after the date of enactment of this Act in a manner that is consistent with the findings and purposes of this Act.
(Sec. 1804) Grants only the Attorney General of a State in which electric power is provided under such contract standing to bring a civil enforcement action in U.S. district court.
Title XIX: Consumer Credit Disclosure
- Amends the Truth in Lending Act to require: (1) specified minimum payment warnings governing an open end credit plan on which finance charges are accruing; and (2) disclosure of a toll-free number to call for an estimate of the time required to repay the balance making only minimum payments. Requires the Federal Trade Commission (FTC) to establish a toll-free number for the same purpose in the case of a creditor to which the FTC is enforcing compliance with such Act. Directs the Board of Governors of the Federal Reserve System (the Board) to promulgate implementing regulations.
(Sec. 1901) Authorizes the Board to study and report to Congress on whether consumers have adequate information regarding borrowing activities that may result in financial problems.
(Sec. 1902) Mandates additional disclosures where credit extensions secured by a dwelling exceed the dwelling's fair market value, stating that the interest on the excess portion of such extension is not tax deductible for Federal income tax purposes.
(Sec. 1903) Requires specified additional disclosures for: (1) introductory rates and temporary annual percentage rates of interest; (2) Internet-based credit card solicitations; and (3) late payment deadlines and penalties.
(Sec. 1906) Prohibits a creditor from terminating an open end consumer credit account before its expiration date solely because finance charges have not been incurred on such account.
(Sec. 1907) Authorizes the Board to study and report to Congress on certain consumer protections limiting consumer liability for unauthorized use of a debit card or similar access device.
(Sec. 1908) Instructs the Comptroller General to study and report to Congress on the impact that credit extensions to dependent students have upon the rate of bankruptcy cases filed under Federal law.
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Bill titles: To amend title 11 of the United States Code, and for other purposes.
Links for more info on the vote: congress.gov
