[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[Senate]
[Pages S11138-S11171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                     BANKRUPTCY REFORM ACT OF 1999

                                 ______
                                 

                       BAUCUS AMENDMENT NO. 1681

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill (S. 625) to amend title 11, United States Code, and for other 
purposes; as follows:

       Section 353(e)(2) of the Consolidated and Rural Development 
     Act (7 U.S.C. 2001(e)(2)) is amended)--
       (1) by striking ``Shared'' and inserting the following:
       ``(A) In general.--Shared''; and
       (2) by adding at the end the following:
       ``(B) Repayment of recapture amount.--The borrower may 
     repay the recapture amount to the Secretary over a period not 
     to exceed 25 years at an interest rate equal to the 
     applicable rate of interest of Federal borrowing, as 
     determined by the Secretary.''.
                                 ______
                                 

                     KOHL AMENDMENTS NOS. 1682-1684

  (Ordered to lie on the table.)
  Mr. KOHL submitted three amendments intended to be proposed by him to 
the bill, S. 625, supra; as follows:

                           Amendment No. 1682

       At the appropriate place in title III, insert the 
     following:

     SEC. 3 __. LIMITATION.

       Section 522 of title 11, United States Code, as amended by 
     sections 224 and 307 of this Act, is amended--
       (1) in subsection (b)(3)(A), by inserting ``subject to 
     subsection (n),'' before ``any property''; and
       (2) by adding at the end the following:
       ``(n)(1) Except as provided in paragraph (2), as a result 
     of electing under subsection (b)(3)(A) to exempt property 
     under State or local law, a debtor may not exempt any amount 
     of interest that exceeds in the aggregate $100,000 in value 
     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.''.
                                  ____


                           Amendment No. 1683

       On page 96, strike all through page 97, line 11.
                                  ____


                           Amendment No. 1684

       On page 97, strike all language from line 4, beginning with 
     ``if the debt,'' through line 9, ending with ``use of the 
     debtor, or''. Additionally, on page 97, line 10, strike the 
     word ``other''.
                                 ______
                                 

                LIEBERMAN (AND DODD) AMENDMENT NO. 1685

  (Ordered to lie on the table.)
  Mr. LIEBERMAN (for himself and Mr. Dodd) submitted an amendment 
intended to be proposed by them to the bill, S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND 
                   REPORTING OF SENTINEL EVENTS UNDER MEDICARE.

       (a) Amendment to Social Security Act.--
       (1) In General.--Part D of title XVIII of the Social 
     Security Act (42 U.S.C. 1395x et seq.) is amended by adding 
     at the end the following:


 ``INDIVIDUALS' FREEDOM FROM RESTRAINT AND REPORTING OF SENTINEL EVENTS

       ``Sec. 1897. (a) Definitions.--In this section:
       ``(1) Chemical restraint.--The term `chemical restraint' 
     means the non-therapeutic use of a medication that--
       ``(A) is unrelated to the patient's medical condition; and
       ``(B) is imposed for disciplinary purposes or the 
     convenience of staff.
       ``(2) Physical restraint.--The term `physical restraint' 
     means any mechanical or personal restriction that immobilizes 
     or reduces the ability of an individual to move his or her 
     arms, legs, or head freely. Such term does not include 
     devices, such as orthopedically prescribed devices, surgical 
     dressings or bandages, protective helmets, and other methods 
     involving the physical holding of a resident for the purpose 
     of conducting routine physical examinations or tests or to 
     protect the patient from falling out of bed or to permit a 
     patient to participate in activities without the risk of 
     physical harm to the patient.
       ``(3) Provider of services.--The term `provider of 
     services' has the meaning given that term in section 1861(u), 
     except that for purposes of this section the term includes a 
     psychiatric hospital but does not include a home health 
     agency or skilled nursing facility.
       ``(4) Seclusion.--The term `seclusion' means any separation 
     of the resident from the general population of the facility 
     that prevents the resident from returning to such population 
     when he or she desires.
       ``(5) Sentinel event.--The term `sentinel event' means an 
     unexpected occurrence involving an individual in the care of 
     a provider of services for treatment for a psychiatric or 
     psychological illness that results in death or serious 
     physical or psychological injury that is unrelated to the 
     natural course of the individual's illness or underlying 
     condition.
       ``(b) Protection of Right To Be Free From Restraints.--A 
     provider of services eligible to be paid under this title for 
     providing services to an individual entitled to benefits 
     under part A or enrolled under part B (including an 
     individual provided with a Medicare+Choice plan offered by a 
     Medicare+Choice organization under part C) shall--
       ``(1) protect and promote the right of each such individual 
     to be free from physical or mental abuse, corporal 
     punishment, and any physical or chemical restraints or 
     involuntary seclusion imposed for purposes of discipline or 
     convenience;
       ``(2) impose restraints--
       ``(A) only to ensure the physical safety of the individual 
     or other individuals in the care or custody of the provider, 
     a staff member, or others; and
       ``(B) only upon the written order of a physician or other 
     licensed independent practitioner permitted by the State and 
     the facility to order such restaint or seclusion that 
     specifies the duration and circumstances under which the 
     restraints are to be used (except in emergency circumstances 
     specified by the Secretary until such an order could 
     reasonably be obtained); and
       ``(2) submit the reports required under subsection (d).
       ``(c) Construction.--Nothing in this section shall be 
     construed as prohibiting the use of restraints for medical 
     immobilization, adaptive support, or medical protection.
       ``(d) Reports.--
       ``(1) Reports to agencies or entities with oversight 
     authority.--
       ``(A) In general.--A provider of services shall report each 
     sentinel event that occurs to an individual while the 
     individual is in the care or custody of the provider to--
       ``(i) in the case of a provider of services participating 
     in the program established under this title or the medicaid 
     program under title XIX as a result of accreditation by a 
     national accrediting body, the national accrediting body for 
     that provider; and
       ``(ii) in the case of all other providers of services, the 
     Secretary or, upon agreement between the Secretary and the 
     relevant State, the State agency designated by the Secretary.
       ``(B) Investigation and further reporting of sentinel 
     events.--Upon receipt of a report made pursuant to 
     subparagraph (A), the agency or entity with oversight 
     authority shall--
       ``(i) ensure that the provider--

       ``(I) conducts an investigation of the sentinel event 
     reported;
       ``(II) determines the root cause or causes of the sentinel 
     event; and

       ``(III) establishes a time-limited plan or strategy, that 
     allows the agency or entity with oversight authority to 
     review and approve the analyses and any corrective actions 
     proposed or made by the provider of services, to correct the 
     problem or problems that resulted in the sentinel event, and 
     to lead to risk reduction; and

       ``(ii) prepare and submit the reports required under 
     paragraph (2).
       ``(2) Reports to the secretary.--
       ``(A) In general.--Subject to subparagraph (D), the agency 
     or entity with oversight authority shall submit a report 
     containing the information described in subparagraph (B) to 
     the Secretary in such form and manner, and by such date, as 
     the Secretary prescribes.
       ``(B) Information to be reported.--
       ``(i) In general.--The report submitted under subparagraph 
     (A) shall be submitted to the Secretary at regular intervals, 
     but not less frequently than annually, and shall include--

       ``(I) a description of the sentinel events occurring during 
     the period covered by the report;
       ``(II) a description of any corrective action taken by the 
     providers of services with respect to the sentinel events or 
     any other measures necessary to prevent similar sentinel 
     events from occurring in the future;
       ``(III) proposed systems changes identified as a result of 
     analysis of events from multiple providers; and
       ``(IV) such additional information as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.

       ``(ii) Information excluded.--The report submitted under 
     subparagraph (A) shall not identify any individual provider 
     of services, practitioner, or individual.

[[Page S11139]]

       ``(C) Additional reporting requirements when a provider has 
     been identified as having a pattern of poor performance.--
       ``(i) In general.--In addition to the report required under 
     subparagraph (A), the agency or entity with oversight 
     authority shall report to the Secretary the name and address 
     of any provider of services with a pattern of poor 
     performance.
       ``(ii) Determination of pattern.--The agency or entity with 
     oversight authority shall determine if a pattern of poor 
     performance exists with respect to a provider of services in 
     accordance with the definition of pattern of poor performance 
     developed by the Secretary under clause (iii).
       ``(iii) Development of definition.--The Secretary, in 
     consultation with national accrediting organizations and 
     others, shall develop a definition to identify a provider of 
     services with a pattern of poor performance.
       ``(D) Authority to waive reporting requirement.--The 
     Secretary may waive the requirement to submit a report 
     required under this paragraph (but not a report regarding a 
     sentinel event that resulted in death required under 
     paragraph (3)) upon consideration of the severity of the 
     sentinel event.
       ``(3) Additional reporting requirements for sentinel events 
     resulting in death.--In addition to the report required under 
     paragraph (1), a provider of services shall report any 
     sentinel event resulting in death to--
       ``(A) the Secretary or the Secretary's designee;
       ``(B) the State Attorney General or, upon agreement with 
     the State Attorney General, to the appropriate law 
     enforcement agency;
       ``(C) the State agency responsible for licensing the 
     provider of services; and
       ``(D) the State protection and advocacy system established 
     pursuant to part C of title I of the Developmental 
     Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
     6041 et seq.) for the State in which the event occurred.
       ``(4) Responsibilities of the agency or entity with 
     oversight authority.--Upon receipt of a report of a sentinel 
     event that resulted in death, the agency or entity with 
     oversight authority shall, in addition to the requirements of 
     paragraph (2)--
       ``(A) determine whether the death was related to the use of 
     restraints or seclusion; and
       ``(B) notify the Secretary of the determination.
       ``(5) Sanctions for failure to report.--
       ``(A) In general.--The Secretary shall establish sanctions, 
     including intermediate sanctions, as appropriate, for failure 
     of a provider of services or an agency or entity with 
     oversight authority to submit the reports and information 
     required under this subsection.
       ``(B) Removal of agency or entity with oversight 
     authority.--The Secretary, after notice to an agency or 
     entity with oversight authority of a provider of services, as 
     determined in paragraph (1), and opportunity to comply, may 
     remove the agency or entity of such authority if the agency 
     or entity refuses to submit the reports and information 
     required under this subsection.
       ``(6) Liability for reporting.--An individual, provider of 
     services, agency, or entity shall be liable with respect to 
     any information contained in a report required under this 
     subsection if the individual, provider of services, agency, 
     or entity had knowledge of the falsity of the information 
     contained in the report at the time the report was submitted 
     under this subsection. Nothing in the preceding sentence 
     shall be construed as limiting the liability of an 
     individual, provider of services, agency, or entity for 
     damages relating to the occurrence of a sentinel event, 
     including a sentinel event that results in death.
       ``(7) Nondisclosure of analysis.--Notwithstanding any other 
     provision of law or regulation, the root cause analysis 
     developed under this subsection shall be kept confidential 
     and shall not be subject to disclosure or discovery in a 
     civil action.
       ``(d) Establishment or Designation of Sentinel Events 
     Database.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall establish or 
     designate a database of information using the reports 
     submitted under paragraphs (2) and (3) of subsection (d) (in 
     this subsection referred to as the `Sentinel Events 
     Database').
       ``(2) Contents.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Sentinel Events Database shall include the following:
       ``(i) The name and address of any provider of services that 
     is the subject of a report submitted under subsection (d)(3), 
     if the agency or entity with oversight authority has 
     determined that the death was related to the use of 
     restraints or seclusion.
       ``(ii) The information reported by the agency or entity 
     under subparagraphs (B) and (C) of subsection (d)(2).
       ``(B) Confidentiality.--The Secretary shall establish 
     procedures to ensure that the privacy of individuals whose 
     treatment is the subject of a report submitted under 
     paragraph (2) or (3) of subsection (d) is protected.
       ``(3) Procedures for entry of information.--
       ``(A) In general.--The Secretary shall--
       ``(i) prior to entry of information in the Sentinel Events 
     Database, disclose the information to the provider of 
     services that is the subject of the information; and
       ``(ii) establish procedures to--

       ``(I) resolve disputes regarding the accuracy of the 
     information; and
       ``(II) ensure the accuracy of the information.

       ``(B) No delay of sanctions.--Any sanction to be imposed by 
     the Secretary against a provider of services or an agency or 
     entity with oversight authority in relation to a sentinel 
     event shall not be delayed as a result of a dispute regarding 
     the accuracy of information to be entered into the database.
       ``(4) Access to the database.--
       ``(A) Availability.--The Secretary shall establish 
     procedures for making the information maintained in the 
     Sentinel Events Database related to a sentinel event 
     resulting in death, and any reports of sentinel injuries 
     arising from those providers of services with a pattern of 
     poor performance identified in accordance with subsection 
     (d)(2)(C), available to Federal and State agencies, national 
     accrediting bodies, health care researchers, and the public.
       ``(B) Internet access.--In addition to any other procedures 
     that the Secretary develops under subparagraph (A), the 
     information in the Sentinel Events Database shall be 
     accessible through the Internet.
       ``(C) Fees for disclosure.--
       ``(i) In general.--Subject to clause (ii), the Secretary 
     may establish or approve reasonable fees for disclosing 
     information maintained in the Sentinel Events Database.
       ``(ii) No fee for federal agencies.--No fee shall be 
     charged to a Federal agency for access to the Sentinel Events 
     Database.
       ``(iii) Application of fees.--Fees collected under this 
     clause shall be applied by the Secretary toward the cost of 
     maintaining the Sentinel Events Database.''.
       (2) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection take effect on the date of 
     enactment of this Act.
       (B) Reporting requirements.--The reporting requirements 
     under section 1897(d) of the Social Security Act, as added by 
     paragraph (1), shall apply to sentinel events occurring on 
     and after the date of enactment of this Act.
       (b) Individuals' Right To Freedom from Restraint and 
     Reporting of Sentinel Events Under Medicaid.--
       (1) State plans for medical assistance.--Section 1902(a) of 
     the Social Security Act (42 U.S.C. 1396a(a)) is amended--
       (A) in paragraph (65), by striking the period and inserting 
     ``; and''; and
       (B) by adding at the end the following:
       ``(66) provide that the State will ensure that any 
     congregate care provider (as defined in section 1905(v)) that 
     provides services to an individual for which medical 
     assistance is available shall--
       ``(A) protect and promote the right of each individual to 
     be free from physical or mental abuse, corporal punishment, 
     involuntary seclusion, and any physical or chemical 
     restraints imposed for purposes of discipline or convenience;
       ``(B) impose restraints only--
       ``(i) to ensure the physical safety of the individual or 
     other individuals; and
       ``(ii) upon the written order of a physician that specifies 
     the duration and circumstances under which the restraints are 
     to be used (except in emergency circumstances specified by 
     the Secretary until such an order could reasonably be 
     obtained); and
       ``(C) submit the reports required under subsection (d) of 
     section 1897 (relating to sentinel events) in the same manner 
     as a provider of services under that section is required to 
     submit such reports.''.
       (2) Definition of congregate care provider.--Section 1905 
     of the Social Security Act (42 U.S.C. 1396d) is amended by 
     adding at the end the following:
       ``(v) The term `congregate care provider' means an entity 
     that provides hospital services, hospice care, residential 
     treatment centers for children, services in an institution 
     for mental diseases, inpatient psychiatric hospital services 
     for individuals under age 21, or congregate care services 
     under a waiver authorized under section 1915(c).''.
       (3) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection take effect on the date of 
     enactment of this Act.
       (B) Reporting requirements.--The reporting requirements 
     under section 1902(a)(66)(C) of the Social Security Act (42 
     U.S.C. 1396a(a)(66)(C)), as added by paragraph (1), shall 
     apply to sentinel events occurring on and after the date of 
     enactment of this Act.
                                 ______
                                 

                   FEINGOLD AMENDMENTS NOS. 1686-1688

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted three amendments intended to be proposed by 
him to the bill, S. 625, supra; as follows:

                           Amendment No. 1686

       At the end of title X, insert the following:

     SEC. ____. PROHIBITION OF RETROACTIVE ASSESSMENT OF 
                   DISPOSABLE INCOME.

       (a) In General.--Section 1225(b) of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(3) If the plan provides for specific amounts of property 
     to be distributed on account of allowed unsecured claims as 
     required by paragraph (1)(B), those amounts

[[Page S11140]]

     equal or exceed the debtor's projected disposable income for 
     that period, and the plan meets the requirements for 
     confirmation other than those of this subsection, the plan 
     shall be confirmed.''.
       (b) Modification.--Section 1229 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(d)(1) A modification of the plan under this section may 
     not increase the amount of payments that were due prior to 
     the date of the order modifying the plan.
       ``(2) A modification of the plan under this section to 
     increase payments based on an increase in the debtor's 
     disposable income may not require payments to unsecured 
     creditors in any particular month greater than the debtor's 
     disposable income for that month unless the debtor proposes 
     such a modification.
       ``(3) A modification of the plan in the last year of the 
     plan shall not require payments that would leave the debtor 
     with insufficient funds to carry on the farming operation 
     after the plan is completed unless the debtor proposes such a 
     modification.''.
                                  ____


                           Amendment No. 1687

       At the appropriate place in the bill, insert the following:

     SEC. ____. DEFINITION OF FAMILY FARMER.

       Section 101(18) of title 11, United States Code, is 
     amended--
       (1) in subparagraph (A) by--
       (A) striking ``$1,500,000'' and inserting ``$3,000,000''; 
     and
       (B) striking ``80'' and inserting ``50''; and
       (2) in subparagraph (B)(ii) by--
       (A) striking ``$1,500,000'' and inserting ``$3,000,000''; 
     and
       (B) striking ``80'' and inserting ``50''.
                                  ____


                           Amendment No. 1688

       On page 7, line 15, strike ``(ii)'' and insert ``(ii)(I)''.
       On page 7, between lines 21 and 22, insert the following:
       ``(II) In addition, the debtor's monthly expenses may 
     include, if applicable, the continuation of actual expenses 
     paid by the debtor for care and support of a household member 
     or member of the debtor's immediate family (including 
     parents, grandparents, and siblings of the debtor, the 
     dependents of the debtor, and the spouse of the debtor in a 
     joint case) who is not a dependent.
                                 ______
                                 

                        DODD AMENDMENT NO. 1689

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill, S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC.------. PROTECTION OF TUITION AND EDUCATION SAVINGS IN 
                   BANKRUPTCY.

       (a) In General.--Section 522 of title 11, United States 
     Code, as amended by section 308 of this Act, is amended by 
     adding at the end the following:
       ``(o)(1) Notwithstanding section 541 of this title or any 
     other provision of this section, an individual debtor may 
     exempt from property of the estate the debtor's aggregate 
     interest in funds (including any amount earned on the funds) 
     to the extent that--
       ``(A) the funds are in a qualified tuition program 
     described in section 529(b) of the Internal Revenue Code of 
     1986 or an education individual retirement account as defined 
     in section 530(b)(1) of such Code;
       ``(B) the amount the debtor contributed to the program or 
     account for each designated beneficiary, as defined in 
     section 529(e)(i) of such Code, does not exceed the lesser of 
     the maximum total contribution permitted under section 
     529(b)(7) of such Code by the State specified in subsection 
     (b)(2)(A) of this section; and
       ``(C) a contribution that the debtor made within 1 year 
     before the date of the filing of the petition did not exceed 
     15 percent of the debtor's gross annual income for the year 
     in which the contribution was made and was consistent with 
     the practices of the debtor in making such contributions.
       ``(2) Subsection (l) of this section applies to any 
     exemption claimed under this subsection.
       (b) Technical and Conforming Amendment.--Section 104(b) of 
     title 11, United States Code, is amended by inserting 
     `522(o),' after `522(d),' each place it appears.''.
                                 ______
                                 

                 DODD (AND KENNEDY) AMENDMENT NO. 1690

  (Ordered to lie on the table.)
  Mr. DODD (for himself and Mr. Kennedy) submitted an amendment 
intended to be proposed by them to the bill, S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS.

       (a) In General.--Section 127(c) of the Truth in Lending Act 
     (15 U.S.C. 1637(c)) is amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following:
       ``(5) Applications from underage consumers.--
       ``(A) Prohibition on issuance.--No credit card may be 
     issued to, or open end credit plan established on behalf of, 
     a consumer who has not attained the age of 21 unless the 
     consumer has submitted a written application to the card 
     issuer that meets the requirements of subparagraph (B).
       ``(B) Application requirements.--An application to open a 
     credit card account by an individual who has not attained the 
     age of 21 as of the date of submission of the application 
     shall require--
       ``(i) the signature of the parent, legal guardian, or 
     spouse of the consumer, or any other individual having a 
     means to repay debts incurred by the consumer in connection 
     with the account, indicating joint liability for debts 
     incurred by the consumer in connection with the account 
     before the consumer has attained the age of 21; or
       ``(ii) submission by the consumer of financial information 
     indicating an independent means of repaying any obligation 
     arising from the proposed extension of credit in connection 
     with the account.''.
       (b) Regulatory Authority.--The Board of Governors of the 
     Federal Reserve System may issue such rules or publish such 
     model forms as it considers necessary to carry out section 
     127(c)(5) of the Truth in Lending Act, as amended by this 
     section.
                                 ______
                                 

                        DODD AMENDMENT NO. 1691

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill, S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CONSUMER CREDIT.

       (a) Enhanced Disclosures Under an Open End Consumer Credit 
     Plan.--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)(A) Repayment information that would apply to the 
     outstanding balance of the consumer under the credit plan, 
     including--
       ``(i) the required minimum monthly payment on that balance, 
     represented as both a dollar figure and as a percentage of 
     that balance;
       ``(ii) the number of months (rounded to the nearest month) 
     that it would take to pay the entire amount of that balance, 
     if the consumer pays only the required minimum monthly 
     payments and if no further advances are made;
       ``(iii) the total cost to the consumer, including interest 
     and principal payments, of paying that balance in full, if 
     the consumer pays only the required minimum monthly payments 
     and if no further advances are made; and
       ``(iv) the monthly payment amount that would be required 
     for the consumer to eliminate the outstanding balance in 36 
     months if no further advances are made.
       ``(B)(i) Subject to clause (ii), in making the disclosures 
     under subparagraph (A) the credtior shall apply the interest 
     rate in effect on the date on which the disclosure is made 
     until the date on which the balance would be paid in full.
       ``(ii) If the interest rate in effect on the date on which 
     the disclosure is made is a temporary rate that will change 
     under a contractual provision applying an index or formula 
     for subsequent interest rate adjustment, the credtior shall 
     apply the interest rate in effect on the date on which the 
     disclosure is made for as long as that interest rate will 
     apply under that contractual provision, and then apply an 
     interest rate based on the index or formula in effect on the 
     applicable billing date.''.
       (b) Civil Liability.--Section 130(a) of the Truth in 
     Lending Act (15 U.S.C. 1640(a)) is amended, in the 
     undesignated paragraph following paragraph (4), by striking 
     the second sentence and inserting the following: ``In 
     connection with the disclosures referred to in subsections 
     (a) and (b) of section 127, a credtior shall have a liability 
     determined under paragraph (2) only for failing to comply 
     with the requirements of section 125, 127(a), or paragraph 
     (4), (5), (6), (7), (8), (9), (10), or (11) of section 
     127(b), or for failing to comply with disclosure requirements 
     under State law for any term or item that the Board has 
     determined to be substantially the same in meaning under 
     section 111(a)(2) as any of the terms or items referred to in 
     section 127(a), or paragraph (4), (5), (6), (7), (8), (9), 
     (10), or (11) of section 127(b).''.
                                 ______
                                 

                 DODD (AND LANDRIEU) AMENDMENT NO. 1692

  (Ordered to lie on the table.)
  Mr. DODD (for himself and Ms. Landrieu) submitted an amendment 
intended to be proposed by them to the bill S. 625, supra; as follows:

       On page 7, line 15, strike ``(ii)'' and insert ``(ii)(I)''.
       On page 7, between lines 21 and 22, insert the following:
       ``(II) The expenses referred to in subclause (I) shall 
     include--
       ``(aa) taxes and mandatory withholdings from wages;
       ``(bb) health care;
       ``(cc) alimony, child, and spousal support payments;
       ``(dd) expenses associated with the adoption of a child, 
     including travel expenses, relocation expenses, and medical 
     expenses;
       ``(ee) legal fees necessary for the debtor's case;

[[Page S11141]]

       ``(ff) child care and the care of elderly or disabled 
     family members;
       ``(gg) reasonable insurance expenses and pension payments;
       ``(hh) religious and charitable contributions;
       ``(ii) educational expenses not to exceed $10,000 per 
     household;
       ``(jj) union dues;
       ``(kk) other expenses necessary for the operation of a 
     business of the debtor or for the debtor's employment;
       ``(ll) utility expenses and home maintenance expenses for a 
     debtor that owns a home;
       ``(mm) ownership costs for a motor vehicle, determined in 
     accordance with Internal Revenue Service transportation 
     standards, reduced by any payments on debts secured by the 
     motor vehicle or vehicle lease payments made by the debtor;
       ``(nn) expenses for children's toys and recreation for 
     children of the debtor;
       ``(oo) tax credits for earned income determined under 
     section 32 of the Internal Revenue Code of 1986; and
       ``(pp) miscellaneous and emergency expenses.
       On page 83, between lines 4 and 5, insert the following:

     SEC. 225. TREATMENT OF TAX REFUNDS AND DOMESTIC SUPPORT 
                   OBLIGATIONS.

       (a) Property of the Estate.--Section 541 of title 11, 
     United States Code, is amended--
       (1) in subsection (a)(5)(B) by inserting ``except as 
     provided under subsection (b)(7),'' before ``as a result''; 
     and
       (2) in subsection (b)--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by inserting after paragraph (5) the following:
       ``(6) any--
       ``(A) refund of tax due to the debtor under subtitle A of 
     the Internal Revenue Code of 1986 for any taxable year to the 
     extent that the refund does not exceed the amount of an 
     applicable earned income tax credit allowed under section 32 
     of such Code for such year; and
       ``(B) advance payment of an earned income tax credit under 
     section 3507 of the Internal Revenue Code of 1986;
       ``(7) the right of the debtor to receive alimony, support, 
     or separate maintenance for the debtor or dependent of the 
     debtor;
       ``(8) refund of a tax due to the debtor under a State 
     earned income tax credit; or
       ``(9) advance payment of a State earned income tax 
     credit.''.
       (b) Protection of Earned Income Tax Credit and Support 
     Payments Under Bankruptcy Repayment Plans in Chapter 12.--
     Section 1225(b)(2) of title 11, United States Code, as 
     amended by section 218 of this Act, is amended--
       (1) by inserting ``(A)'' before ``For purposes'';
       (2) by striking ``(A) for the maintenance'' and inserting 
     ``(i) for the maintenance'';
       (3) by striking ``(B) if the debtor'' and inserting ``(ii) 
     if the debtor''; and
       (4) by adding at the end the following:
       ``(B) In determining disposable income the court shall not 
     consider amounts the debtor receives or is entitled to 
     receive from--
       ``(i) any refund of tax due to the debtor under subtitle A 
     of the Internal Revenue Code of 1986 for any taxable year to 
     the extent that the refund does not exceed the amount of an 
     applicable earned income tax credit allowed by section 32 of 
     the Internal Revenue Code of 1986 for such year;
       ``(ii) any advance payment for an earned income tax credit 
     described in clause (i); or
       ``(iii) child support, foster care, or disability payment 
     for the care of a dependent child in accordance with 
     applicable nonbankruptcy law.''.
       (c) Protection of Earned Income Tax Credit and Support 
     Payments Under Bankruptcy Repayment Plans in Chapter 13.--
     Section 1325(b)(2) of title 11, United States Code, as 
     amended by section 218 of this Act, is amended--
       (1) by inserting ``(A)'' before ``For purposes'';
       (2) by striking ``(A) for the maintenance'' and inserting 
     ``(i) for the maintenance'';
       (3) by striking ``(B) if the debtor'' and inserting ``(ii) 
     if the debtor''; and
       (4) by adding at the end the following:
       ``(B) In determining disposable income the court shall not 
     consider amounts the debtor receives or is entitled to 
     receive from--
       ``(i) any refund of tax due to the debtor under subtitle A 
     of the Internal Revenue Code of 1986 for any taxable year to 
     the extent that the refund does not exceed the amount of an 
     applicable earned income tax credit allowed by section 32 of 
     the Internal Revenue Code of 1986 for such year;
       ``(ii) any advance payment for an earned income tax credit 
     described in clause (i); or
       ``(iii) child support, foster care, or disability payment 
     for the care of a dependent child in accordance with 
     applicable nonbankruptcy law.''.
       (d) Exemptions.--Section 522(d) of title 11, United States 
     Code, as amended by section 224 of this Act, is amended in 
     paragraph (10)--
       (1) in subparagraph (C), by adding ``or'' after the 
     semicolon;
       (2) by striking subparagraph (D); and
       (3) by striking ``(E)'' and inserting ``(D)''.
       On page 92, line 5, strike ``personal property'' and insert 
     ``an item of personal property purchased for more than 
     $3,000''.
       On page 93, line 19, strike ``property'' and insert ``an 
     item of personal property purchased for more than $3,000''.
       On page 97, line 10, strike ``if'' and insert ``to the 
     extent that''.
       On page 97, line 10, after ``incurred'' insert ``to 
     purchase that thing of value''.
       On page 98, line 1, strike ``(27A)'' and insert (27B)''.
       On page 107, line 9, strike ``and aggregating more than 
     $250'' and insert ``for $400 or more per item or service''.
       On page 107, line 11, strike ``90'' and insert ``70''.
       On page 107, line 13, after ``dischargeable'' insert the 
     following: ``if the credtior proves by a preponderance of the 
     evidence at a hearing that the goods or services were not 
     reasonably necessary for the maintenance or support of the 
     debtor''.
       On page 107, line 15, strike ``$750'' and insert 
     ``$1,075''.
       On page 107, line 17, strike ``70'' and insert ``60''.
       Beginning on page 109, strike line 21 and all that follows 
     through page 111, line 15, and insert the following:

     SEC. 314. HOUSEHOLD GOOD DEFINED.

       Section 101 of title 11, United States Code, as amended by 
     section 106(c) of this Act, is amended by inserting before 
     paragraph (27B) the following:
       ``(27A) `household goods'--
       ``(A) includes tangible personal property normally found in 
     or around a residence; and
       ``(B) does not include motor vehicles used for 
     transportation purposes;''.
       On page 112, line 6, strike ``(except that,'' and all that 
     follows through ``debts)'' on line 13.
       On page 112, strike lines 19 and 20.
       On page 112, line 21, strike ``(3)'' and insert ``(2)''.
       On page 112, line 24, strike ``(4)'' and insert ``(3)''.
       On page 113, between lines 3 and 4, insert the following:
       (c) Exceptions to Discharge.--Section 523 of title 11, 
     United States Code, is amended--
       (1) in subsection (c), by inserting ``(14A),'' after 
     ``(6),'' each place it appears; and
       (2) in subsection (d), by striking ``(a)(2)'' and inserting 
     ``(a) (2) or (14A)''.
       On page 263, line 8, insert ``as amended by section 322 of 
     this Act,'' after ``United States Code,''.
       On page 263, line 11, strike ``(4)'' and insert ``(5)''.
       On page 263, line 12, strike ``(5)'' and insert ``(6)''.
       On page 263, line 13, strike ``(6)'' and insert ``(7)''.
       On page 263, line 14, strike ``(4)'' and insert ``(5)''.
       On page 263, line 16, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 

                       MURRAY AMENDMENT NO. 1693

  (Ordered to lie on the table)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill S. 625, supra; as follows:

       At the appropriate place, add the following:

     TITLE ____--TIME FOR SCHOOLS ACT OF 1999

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Time for Schools Act of 
     1999''.

     SEC. ____2. GENERAL REQUIREMENTS FOR LEAVE.

       (a) Entitlement to Leave.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to school involvement leave.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 24 hours of leave 
     during any 12-month period to participate in an academic 
     activity of a school of a son or daughter of the employee, 
     such as a parent-teacher conference or an interview for a 
     school, or to participate in literacy training under a family 
     literacy program.
       ``(B) Definitions.--In this paragraph:
       ``(i) Family literacy program.--The term `family literacy 
     program' means a program of services that are of sufficient 
     intensity in terms of hours, and of sufficient duration, to 
     make sustainable changes in a family and that integrate all 
     of the following activities:

       ``(I) Interactive literacy activities between parents and 
     their sons and daughters.
       ``(II) Training for parents on how to be the primary 
     teacher for their sons and daughters and full partners in the 
     education of their sons and daughters.
       ``(III) Parent literacy training.
       ``(IV) An age-appropriate education program for sons and 
     daughters.

       ``(ii) Literacy.--The term `literacy', used with respect to 
     an individual, means the ability of the individual to speak, 
     read, and write English, and compute and solve problems, at 
     levels of proficiency necessary--

       ``(I) to function on the job, in the family of the 
     individual, and in society;
       ``(II) to achieve the goals of the individual; and
       ``(III) to develop the knowledge potential of the 
     individual.

       ``(iii) School.--The term `school' means an elementary 
     school or secondary school (as such terms are defined in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801)), a Head Start program

[[Page S11142]]

     assisted under the Head Start Act (42 U.S.C. 9831 et seq.), 
     and a child care facility operated by a provider who meets 
     the applicable State or local government licensing, 
     certification, approval, or registration requirements, if 
     any.
       ``(4) Limitation.--No employee may take more than a total 
     of 12 workweeks of leave under paragraphs (1) and (3) during 
     any 12-month period.''.
       (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     before the period the following: ``, or for leave provided 
     under subsection (a)(3) for any part of the 24-hour period of 
     such leave under such subsection''.
       (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following:
       ``(3) Notice for school involvement leave.--In any case in 
     which the necessity for leave under subsection (a)(3) is 
     foreseeable, the employee shall provide the employer with not 
     less than 7 days' notice, before the date the leave is to 
     begin, of the employee's intention to take leave under such 
     subsection. If the necessity for the leave is not 
     foreseeable, the employee shall provide such notice as is 
     practicable.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for School Involvement Leave.--An 
     employer may require that a request for leave under section 
     102(a)(3) be supported by a certification issued at such time 
     and in such manner as the Secretary may by regulation 
     prescribe.''.

     SEC. ____3. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERVICE 
                   EMPLOYEES.

       (a) Entitlement to Leave.--Section 6382(a) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3)(A) Subject to section 6383(f), an employee shall be 
     entitled to a total of 24 hours of leave during any 12-month 
     period to participate in an academic activity of a school of 
     a son or daughter of the employee, such as a parent-teacher 
     conference or an interview for a school, or to participate in 
     literacy training under a family literacy program.
       ``(B) In this paragraph:
       ``(i) The term `family literacy program' means a program of 
     services that are of sufficient intensity in terms of hours, 
     and of sufficient duration, to make sustainable changes in a 
     family and that integrate all of the following activities:
       ``(I) Interactive literacy activities between parents and 
     their sons and daughters.
       ``(II) Training for parents on how to be the primary 
     teacher for their sons and daughters and full partners in the 
     education of their sons and daughters.
       ``(III) Parent literacy training.
       ``(IV) An age-appropriate education program for sons and 
     daughters.
       ``(ii) The term `literacy', used with respect to an 
     individual, means the ability of the individual to speak, 
     read, and write English, and compute and solve problems, at 
     levels of proficiency necessary--
       ``(I) to function on the job, in the family of the 
     individual, and in society;
       ``(II) to achieve the goals of the individual; and
       ``(III) to develop the knowledge potential of the 
     individual.
       ``(iii) The term `school' means an elementary school or 
     secondary school (as such terms are defined in section 14101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8801)), a Head Start program assisted under the Head 
     Start Act (42 U.S.C. 9831 et seq.), and a child care facility 
     operated by a provider who meets the applicable State or 
     local government licensing, certification, approval, or 
     registration requirements, if any.
       ``(4) No employee may take more than a total of 12 
     workweeks of leave under paragraphs (1) and (3) during any 
     12-month period.''.
       (b) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting before ``, except'' the 
     following: ``, or for leave provided under subsection (a)(3) 
     any of the employee's accrued or accumulated annual leave 
     under subchapter I for any part of the 24-hour period of such 
     leave under such subsection''.
       (d) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following:
       ``(3) In any case in which the necessity for leave under 
     subsection (a)(3) is foreseeable, the employee shall provide 
     the employing agency with not less than 7 days' notice, 
     before the date the leave is to begin, of the employee's 
     intention to take leave under such subsection. If the 
     necessity for the leave is not foreseeable, the employee 
     shall provide such notice as is practicable.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.

     SEC. ____4. EFFECTIVE DATE.

       This title takes effect 120 days after the date of 
     enactment of this Act.
                                 ______
                                 

                      SARBANES AMENDMENT NO. 1694

  (Ordered to lie on the table)
  Mr. SARBANES submitted an amendment intended to be proposed by him to 
the bill S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CONSUMER CREDIT.

       (a) Enhanced Disclosures Under an Open End Consumer Credit 
     Plan.--
       (1) Repayment terms.--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)(A) Repayment information that would apply to the 
     outstanding balance of the consumer under the credit plan, 
     including--
       ``(i) the required minimum monthly payment on that balance, 
     represented as both a dollar figure and as a percentage of 
     that balance;
       ``(ii) the number of months (rounded to the nearest month) 
     that it would take to pay the entire amount of that balance, 
     if the consumer pays only the required minimum monthly 
     payments and if no further advances are made;
       ``(iii) the total cost to the consumer, including interest 
     and principal payments, of paying that balance in full, if 
     the consumer pays only the required minimum monthly payments 
     and if no further advances are made; and
       ``(iv) the monthly payment amount that would be required 
     for the consumer to eliminate the outstanding balance in 36 
     months if no further advances are made.
       ``(B)(i) Subject to clause (ii), in making the disclosures 
     under subparagraph (A) the creditor shall apply the interest 
     rate in effect on the date on which the disclosure is made 
     until the date on which the balance would be paid in full.
       ``(ii) If the interest rate in effect on the date on which 
     the disclosure is made is a temporary rate that will change 
     under a contractual provision applying an index or formula 
     for subsequent interest rate adjustment, the creditor shall 
     apply the interest rate in effect on the date on which the 
     disclosure is made for as long as that interest rate will 
     apply under that contractual provision, and then apply an 
     interest rate based on the index or formula in effect on the 
     applicable billing date.''.
       (2) Publication of model forms.--Not later than 180 days 
     after the date of enactment of this Act, the Board of 
     Governors of the Federal Reserve System shall publish model 
     disclosure forms in accordance with section 105 of the Truth 
     in Lending Act for the purpose of compliance with section 
     127(b)(11) of the Truth in Lending Act, as added by this 
     subsection.
       (b) Credit Card Security Interests Under an Open End 
     Consumer Credit Plan.--
       (1) In general.--Section 127 of the Truth in Lending Act 
     (15 U.S.C. 1637) is amended by adding at the end the 
     following:
       ``(h) Security Interests Created Under an Open End Consumer 
     Credit Plan.--During the period of an open end consumer 
     credit plan, if the creditor of that plan obtains a security 
     interest in personal property purchased using that credit 
     plan, the creditor shall provide to the consumer, at the time 
     of purchase, a written statement setting forth in a clear, 
     conspicuous, and easy to read format the following 
     information:
       ``(1) The property in which the creditor will receive a 
     security interest.
       ``(2) The nature of the security interest taken.
       ``(3) The method or methods of enforcement of that security 
     interest available to the creditor in the event of nonpayment 
     of the plan balance.
       ``(4) The method in which payments made on the credit plan 
     balance will be credited against the security interest taken 
     on the property.
       ``(5) The following statement: `This property is subject to 
     a security agreement. You must not dispose of the property 
     purchased in any way, including by gift, until the balance on 
     this account is fully paid.' ''.
       (2) Publication of model forms.--Not later than 180 days 
     after the date of enactment of this Act, the Board of 
     Governors of the Federal Reserve System shall publish model 
     disclosure forms in accordance with section 105 of the Truth 
     in Lending Act for the purpose of compliance with section 
     127(h) of the Truth in Lending Act, as added by this 
     subsection.
       (c) Statistics Reported to Board of Governors of Federal 
     Reserve System and to Congress.--Section 127 of the Truth in 
     Lending Act (15 U.S.C. 1637) is amended by adding at the end 
     the following:
       ``(i) Reports to the Board and to Congress.--
       ``(1) Reports to the board.--Any creditor making advances 
     under an open end credit plan shall, using model forms 
     developed and published by the Board, annually submit to the 
     Board a report, which shall include--
       ``(A) the total number of open end credit plan 
     solicitations made to consumers;
       ``(B) the total amount of credit (in dollars) offered to 
     consumers;
       ``(C) a statement of the average interest rates offered to 
     all borrowers in each of the previous 2 years;

[[Page S11143]]

       ``(D) the total amount of credit granted and the average 
     interest rate granted to persons under the age of 25; and
       ``(E) the total amount of debt written off voluntarily and 
     due to a bankruptcy discharge in each of the 2 years 
     preceding the date on which the report is submitted.
       ``(2) Reports to congress.--The Board shall annually 
     compile the information collected under paragraph (1) and 
     submit to the Committees on the Judiciary of the House of 
     Representatives and the Senate, the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, and the Committee 
     on Banking and Financial Services of the House of 
     Representatives, a report, which shall include--
       ``(A) aggregate data described subparagraphs (A) through 
     (E) of paragraph (1) for all creditors; and
       ``(B) individual data described in paragraph (1)(A) for 
     each of the top 50 creditors.''.
       (d) Civil Liability.--Section 130(a) of the Truth in 
     Lending Act (15 U.S.C. 1640(a)) is amended, in the 
     undesignated paragraph following paragraph (4), by striking 
     the second sentence and inserting the following: ``In 
     connection with the disclosures referred to in subsections 
     (a), (b), and (h) of section 127, a creditor shall have a 
     liability determined under paragraph (2) only for failing to 
     comply with the requirements of section 125, 127(a), 
     paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of 
     section 127(b), or section 127(h), or for failing to comply 
     with disclosure requirements under State law for any term or 
     item that the Board has determined to be substantially the 
     same in meaning under section 111(a)(2) as any of the terms 
     or items referred to in section 127(a), paragraph (4), (5), 
     (6), (7), (8), (9), (10), or (11) of section 127(b), or 
     section 127(h).''.
       (e) Treatment Under Bankruptcy Law.--
       (1) Exceptions to discharge.--Section 523(a) of title 11, 
     United States Code, is amended by adding at the end the 
     following:
     ``The exception under subparagraphs (A) and (C) of paragraph 
     (2) shall not apply to any claim made by a creditor who has 
     failed to make the disclosures required under section 127(h) 
     of the Truth in Lending Act in connection with such claim, 
     unless a creditor required to make such disclosures files 
     with the court, within 90 days of the date of order for 
     relief, a proof of claim accompanied by a copy of such 
     disclosures that is signed and dated by the debtor.''.
       (2) Reaffirmation.--Section 524(c) of title 11, United 
     States Code, is amended--
       (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) in a case concerning a creditor obligated to make the 
     disclosures required under section 127(h) of the Truth in 
     Lending Act, the agreement contains a copy of such 
     disclosures that is signed and dated by the debtor.''.
                                 ______
                                 

                FEINSTEIN (AND BIDEN) AMENDMENT NO. 1695

  (Ordered to lie on the table)
  Mrs. FEINSTEIN (for herself and Mr. Biden) submitted an amendment 
intended to be proposed by them to the bill S. 625, supra; as follows:

       On page 124, between lines 14 and 15, insert the following:

     SEC. 322. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.

       (a) Actions under chapter 7 or 13 of title 11, United 
     States Code.--Section 1930(a) of title 28, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) For a case commenced--
       ``(A) under chapter 7 of title 11, $160; or
       ``(B) under chapter 13 of title 11, $150.''.
       (b) United States Trustee System Fund.--Section 589a(b) of 
     title 28, United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1)(A) 46.88 percent of the fees collected under section 
     1930(a)(1)(A) of this title in cases commenced under chapter 
     7 of title 11; and
       ``(B) 73.33 percent of the fees collected under section 
     1930(a)(1)(B) of this title in cases commenced under chapter 
     13 of title 11;'';
       (2) in paragraph (2) by striking ``one-half'' and inserting 
     ``three-fourths''; and
       (3) in paragraph (4) by striking ``one-half'' and inserting 
     ``100 percent''.
       (c) Collection and Deposit of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking ``pursuant 
     to 28 U.S.C. section 1930(b) and 30.76 per centum of the fees 
     hereafter collected under 28 U.S.C. section 1930(a)(1) and 25 
     percent of the fees hereafter collected under 28 U.S.C. 
     section 1930(a)(3) shall be deposited as offsetting receipts 
     to the fund established under 28 U.S.C. section 1931'' and 
     inserting ``under section 1930(b) of title 28, United States 
     Code, and 25 percent of the fees collected under section 
     1930(a)(1)(A) of that title, 26.67 percent of the fees 
     collected under section 1930(a)(1)(B) of that title, and 25 
     percent of the fees collected under section 1930(a)(3) of 
     that title shall be deposited as offsetting receipts to the 
     fund established under section 1931 of that title''.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 1696

  (Ordered to lie on the table)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ISSUANCE OF CREDIT CARDS TO UNDERAGE CONSUMERS.

       (a) Applications by Underage Consumers.--Section 127(c) of 
     the Truth in Lending Act (15 U.S.C. 1637(c)) is amended--
       (1) by redesignating paragraph (5) as paragraph (7); and
       (2) by inserting after paragraph (4) the following:
       ``(5) Applications from underage obligors.--
       ``(A) Prohibition on issuance.--Except in response to a 
     written request or application to the card issuer that meets 
     the requirements of subparagraph (B), a card issuer may not--
       ``(i) issue a credit card account under an open end 
     consumer credit plan to, or establish such an account on 
     behalf of, an obligor who has not attained the age of 21; or
       ``(ii) increase the amount of credit authorized to be 
     extended under such an account to an obligor described in 
     clause (i).
       ``(B) Application requirements.--A written request or 
     application to open a credit card account under an open end 
     consumer credit plan, or to increase the amount of credit 
     authorized to be extended under such an account, submitted by 
     an obligor who has not attained the age of 21 as of the date 
     of such submission, shall require--
       ``(i) submission by the obligor of information regarding 
     any other credit card account under an open end consumer 
     credit plan issued to, or established on behalf of, the 
     obligor (other than an account established in response to a 
     written request or application that meets the requirements of 
     clause (ii) or (iii)), indicating that the proposed extension 
     of credit under the account for which the written request or 
     application is submitted would not thereby increase the total 
     amount of credit extended to the obligor under any such 
     account to an amount in excess of $1,500 (which amount shall 
     be adjusted annually by the Board to account for any increase 
     in the Consumer Price Index);
       ``(ii) the signature of a parent or guardian of that 
     obligor indicating joint liability for debts incurred in 
     connection with the account before the obligor attains the 
     age of 21; or
       ``(iii) submission by the obligor of financial information 
     indicating an independent means of repaying any obligation 
     arising from the proposed extension of credit in connection 
     with the account.
       ``(C) Notification.--A card issuer of a credit card account 
     under an open end consumer credit plan shall notify any 
     obligor who has not attained the age of 21 that the obligor 
     is not eligible for an extension of credit in connection with 
     the account unless the requirements of this paragraph are 
     met.
       ``(D) Limit on enforcement.--A card issuer may not collect 
     or otherwise enforce a debt arising from a credit card 
     account under an open end consumer credit plan if the obligor 
     had not attained the age of 21 at the time the debt was 
     incurred, unless the requirements of this paragraph have been 
     met with respect to that obligor.
       ``(6) Parental approval required to increase credit lines 
     for accounts for which parent is jointly liable.--In addition 
     to the requirements of paragraph (5), no increase may be made 
     in the amount of credit authorized to be extended under a 
     credit card account under an open end credit plan for which a 
     parent or guardian of the obligor has joint liability for 
     debts incurred in connection with the account before the 
     obligor attains the age of 21, unless the parent or guardian 
     of the obligor approves, in writing, and assumes joint 
     liability for, such increase.''.
       (b) Regulatory Authority.--The Board of Governors of the 
     Federal Reserve System may issue such rules or publish such 
     model forms as it considers necessary to carry out paragraphs 
     (5) and (6) of section 127(c) of the Truth in Lending Act, as 
     amended by this section.
       (c) Effective Date.--Paragraphs (5) and (6) of section 
     127(c) of the Truth in Lending Act, as amended by this 
     section, shall apply to the issuance of credit card accounts 
     under open end consumer credit plans, and the increase of the 
     amount of credit authorized to be extended thereunder, as 
     described in those paragraphs, on and after the date of 
     enactment of this Act.
                                 ______
                                 

                        REID AMENDMENT NO. 1697

  (Ordered to lie on the table.)
  Mr. REID submitted an amendment intended to be proposed by him to the 
bill S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SECTION 1. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE 
                   LEVELS OF HIGH PERFORMANCE COMPUTERS.

       Section 1211(d) of the National Defense Authorization Act 
     for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended in 
     the second sentence by striking ``180'' and inserting ``30''.
                                 ______
                                 

            WELLSTONE (AND MURRAY) AMENDMENTS NOS. 1698-1699

  (Ordered to lie on the table.)

[[Page S11144]]

  Mr. WELLSTONE (for himself and Mrs. Murray) submitted two amendments 
intended to be proposed by them to the bill, S. 625, supra; as follows:

                           Amendment No. 1698

       At the end, add the following:
          TITLE ____--EMPLOYMENT PROTECTION FOR BATTERED WOMEN

     SEC. ____1. SHORT TITLE AND REFERENCE.

       (a) Short Title.--This title may be cited as the ``Battered 
     Women's Employment Protection Act''.
       (b) Reference.--Except as otherwise expressly provided, 
     whenever in this title 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 
     that section or other provision of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2601 et seq.).

     SEC. ____2. PURPOSES.

       The purposes of this title are, pursuant to the affirmative 
     power of Congress to enact legislation under section 5 of the 
     14th amendment to the Constitution, as well as under the 
     portions of section 8 of article I of the Constitution 
     relating to providing for the general welfare and to 
     regulation of commerce among the several States--
       (1) to promote the national interest in reducing domestic 
     violence by enabling victims of domestic violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic violence, and to reduce the 
     devastating economic consequences of domestic violence to 
     employers and employees, by--
       (A) providing unemployment insurance for victims of 
     domestic violence who are forced to leave their employment as 
     a result of domestic violence; and
       (B) entitling employed victims of domestic violence to take 
     reasonable leave under the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2601 et seq.) to seek medical help, legal 
     assistance, counseling, and safety planning and assistance 
     without penalty from their employers;
       (2) to promote the purposes of the 14th amendment by 
     protecting the civil and economic rights of victims of 
     domestic violence and by furthering the equal opportunity of 
     women for employment and economic self-sufficiency;
       (3) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, health care costs, and employer costs, caused 
     by domestic violence; and
       (4) to accomplish the purposes described in paragraphs (1), 
     (2), and (3) in a manner that accommodates the legitimate 
     interests of employers.

     SEC. ____3. UNEMPLOYMENT COMPENSATION.

       (a) Unemployment Compensation.--Section 3304 of the 
     Internal Revenue Code of 1986 is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (18);
       (B) by striking the period at the end of paragraph (19) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (19) the following:
       ``(20) compensation is to be provided where an individual 
     is separated from employment due to circumstances directly 
     resulting from the individual's experience of domestic 
     violence.''; and
       (2) by adding at the end the following:
       ``(g) Construction.--
       ``(1) In general.--For purposes of subsection (a)(20), an 
     employee's separation from employment shall be treated as due 
     to circumstances directly resulting from the individual's 
     experience of domestic violence if the separation resulted 
     from--
       ``(A) the employee's reasonable fear of future domestic 
     violence at or en route to or from the employee's place of 
     employment;
       ``(B) the employee's wish to relocate to another geographic 
     area in order to avoid future domestic violence against the 
     employee or the employee's family;
       ``(C) the employee's need to recover from traumatic stress 
     resulting from the employee's experience of domestic 
     violence;
       ``(D) the employer's denial of the employee's request for 
     the temporary leave from employment authorized by section 102 
     of the Family and Medical Leave Act of 1993 to address 
     domestic violence and its effects; or
       ``(E) any other circumstance in which domestic violence 
     causes the employee to reasonably believe that termination of 
     employment is necessary for the future safety of the employee 
     or the employee's family.
       ``(2) Reasonable efforts to retain employment.--For 
     purposes of subsection (a)(20), if State law requires the 
     employee to have made reasonable efforts to retain employment 
     as a condition for receiving unemployment compensation, such 
     requirement shall be met if the employee--
       ``(A) sought protection from, or assistance in responding 
     to, domestic violence, including calling the police or 
     seeking legal, social work, medical, clerical, or other 
     assistance;
       ``(B) sought safety, including refuge in a shelter or 
     temporary or permanent relocation, whether or not the 
     employee actually obtained such refuge or accomplished such 
     relocation; or
       ``(C) reasonably believed that options such as taking a 
     leave of absence, transferring jobs, or receiving an 
     alternative work schedule would not be sufficient to 
     guarantee the employee or the employee's family's safety.
       ``(3) Active search for employment.--For purposes of 
     subsection (a)(20), if State law requires the employee to 
     actively search for employment after separation from 
     employment as a condition for receiving unemployment 
     compensation, such requirement shall be treated as met where 
     the employee is temporarily unable to actively search for 
     employment because the employee is engaged in seeking safety 
     for the employee or the employee's family, or relief for the 
     employee, from domestic violence, including--
       ``(A) going into hiding or relocating or attempting to do 
     so, including activities associated with such hiding or 
     relocation, such as seeking to obtain sufficient shelter, 
     food, schooling for children, or other necessities of life 
     for the employee or the employee's family;
       ``(B) actively pursuing legal protection or remedies, 
     including meeting with the police, going to court to make 
     inquiries or file papers, meeting with attorneys, or 
     attending court proceedings; or
       ``(C) participating in psychological, social, or religious 
     counseling or support activities to assist the employee in 
     coping with domestic violence.
       ``(4) Provision of information to meet certain 
     requirements.--In determining if an employee meets the 
     requirements of paragraphs (1), (2), and (3), the 
     unemployment agency of the State in which an employee is 
     requesting unemployment compensation by reason of subsection 
     (a)(20) may require the employee to provide--
       ``(A) a written statement describing the domestic violence 
     and its effects;
       ``(B) documentation of the domestic violence, such as a 
     police or court record, or documentation from a shelter 
     worker, an employee of a domestic violence program, an 
     attorney, a member of the clergy, or a medical or other 
     professional, from whom the employee has sought assistance in 
     addressing domestic violence and its effects, as defined in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611); or
       ``(C) other corroborating evidence, such as a statement 
     from any other individual with knowledge of the circumstances 
     that provide the basis for the claim of domestic violence, or 
     physical evidence of domestic violence, such as a photograph, 
     torn or bloody clothing, or any other damaged property.

     All evidence of domestic violence experienced by an employee, 
     including a statement of an employee, any other documentation 
     or corroborating evidence, and the fact that an employee has 
     applied for or inquired about unemployment compensation 
     available by reason of subsection (a)(20) shall be retained 
     in the strictest confidence by such State unemployment 
     agency, except to the extent that disclosure is requested, or 
     consented to, by the employee for the purpose of protecting 
     the safety of the employee or a family member of the employee 
     or of assisting in documenting domestic violence for a court 
     or agency.''.
       (b) Social Security Personnel Training.--Section 303(a) of 
     the Social Security Act (42 U.S.C. 503(a)) is amended by 
     redesignating paragraphs (4) through (10) as paragraphs (5) 
     through (11), respectively, and by inserting after paragraph 
     (3) the following:
       ``(4) Such methods of administration as will ensure that 
     claims reviewers and hearing personnel are adequately trained 
     in the nature and dynamics of domestic violence and in 
     methods of ascertaining and keeping confidential information 
     about possible experiences of domestic violence, so that 
     employee separations stemming from domestic violence are 
     reliably screened, identified, and adjudicated, and full 
     confidentiality is provided for the employee's claim and 
     submitted evidence; and''.
       (c) Definitions.--Section 3306 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following:
       ``(u) Domestic Violence.--The term `domestic violence' 
     includes acts or threats of violence, or acts of extreme 
     cruelty (as such term is referred to in section 216 of the 
     Immigration and Nationality Act (8 U.S.C. 1186a)), not 
     including acts of self-defense, committed by--
       ``(1) a current or former spouse of the victim;
       ``(2) a person with whom the victim shares a child in 
     common;
       ``(3) a person who is cohabiting with or has cohabited with 
     the victim;
       ``(4) a person who is or has been in a continuing social 
     relationship of a romantic or intimate nature with the 
     victim;
       ``(5) a person similarly situated to a spouse of the victim 
     under the domestic or family violence laws of the 
     jurisdiction; or
       ``(6) any other person against a victim who is protected 
     from that person's acts under the domestic or family violence 
     laws of the jurisdiction.''.

     SEC. ____4. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC 
                   VIOLENCE FOR NON-FEDERAL EMPLOYEES.

       (a) Definitions.--Section 101 (29 U.S.C. 2611) is amended 
     by adding at the end the following:
       ``(14) Addressing domestic violence and its effects.--The 
     term `addressing domestic violence and its effects' means--
       ``(A) being unable to attend or perform work due to an 
     incident of domestic violence;
       ``(B) seeking medical attention for or recovering from 
     injuries caused by domestic violence;
       ``(C) seeking legal assistance or remedies, including 
     communicating with the police or an attorney, or 
     participating in any legal proceeding, related to domestic 
     violence;

[[Page S11145]]

       ``(D) obtaining services from a domestic violence shelter 
     or program or rape crisis center as a result of domestic 
     violence;
       ``(E) obtaining psychological counseling related to 
     experiences of domestic violence;
       ``(F) participating in safety planning and other actions to 
     increase safety from future domestic violence, including 
     temporary or permanent relocation; and
       ``(G) participating in any other activity necessitated by 
     domestic violence that must be undertaken during the hours of 
     employment involved.
       ``(15) Domestic violence.--The term `domestic violence' has 
     the meaning given the term in section 3306 of the Internal 
     Revenue Code of 1986.''.
       (b) Leave Requirement.--Section 102 (29 U.S.C. 2612) is 
     amended--
       (1) in subsection (a)(1), by adding at the end the 
     following:
       ``(E) In order to care for the son, daughter, or parent of 
     the employee, if such son, daughter, or parent is addressing 
     domestic violence and its effects.
       ``(F) Because the employee is addressing domestic violence 
     and its effects, which make the employee unable to perform 
     the functions of the position of such employee.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Domestic violence.--Leave under subparagraph (E) or 
     (F) of subsection (a)(1) may be taken by an eligible employee 
     intermittently or on a reduced leave schedule. The taking of 
     leave intermittently or on a reduced leave schedule pursuant 
     to this paragraph shall not result in a reduction in the 
     total amount of leave to which the employee is entitled under 
     subsection (a) beyond the amount of leave actually taken.''; 
     and
       (3) in subsection (d)(2)(B), by striking ``(C) or (D)'' and 
     inserting ``(C), (D), (E), or (F)''.
       (c) Certification.--Section 103 (29 U.S.C. 2613) is 
     amended--
       (1) in the title of the section, by inserting before the 
     period the following: ``; confidentiality''; and
       (2) by adding at the end the following:
       ``(f) Domestic Violence.--In determining if an employee 
     meets the requirements of subparagraph (E) or (F) of section 
     102(a)(1), the employer of an employee may require the 
     employee to provide--
       ``(1) a written statement describing the domestic violence 
     and its effects;
       ``(2) documentation of the domestic violence involved, such 
     as a police or court record, or documentation from a shelter 
     worker, an employee of a domestic violence program, an 
     attorney, a member of the clergy, or a medical or other 
     professional, from whom the employee has sought assistance in 
     addressing domestic violence and its effects; or
       ``(3) other corroborating evidence, such as a statement 
     from any other individual with knowledge of the circumstances 
     that provide the basis for the claim of domestic violence, or 
     physical evidence of domestic violence, such as a photograph, 
     torn or bloody clothing, or any other damaged property.
       ``(g) Confidentiality.--All evidence provided to the 
     employer under subsection (f) of domestic violence 
     experienced by an employee or the son, daughter, or parent of 
     an employee, including a statement of an employee, any other 
     documentation or corroborating evidence, and the fact that an 
     employee has requested leave for the purpose of addressing, 
     or caring for a son, daughter, or parent who is addressing, 
     domestic violence and its effects, shall be retained in the 
     strictest confidence by the employer, except to the extent 
     that disclosure is requested, or consented to, by the 
     employee for the purpose of--
       ``(1) protecting the safety of the employee or a family 
     member or co-worker of the employee; or
       ``(2) assisting in documenting domestic violence for a 
     court or agency.''.

     SEC. ____5. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC 
                   VIOLENCE FOR FEDERAL EMPLOYEES.

       (a) Definitions.--Section 6381 of title 5, United States 
     Code, is amended--
       (1) at the end of paragraph (5), by striking ``and'';
       (2) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(7) the term `addressing domestic violence and its 
     effects' has the meaning given the term in section 101 of the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2611); and
       ``(8) the term `domestic violence' has the meaning given 
     the term in section 3006 of the Internal Revenue Code of 
     1986.''.
       (b) Leave Requirement.--Section 6382 of title 5, United 
     States Code, is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following:
       ``(E) In order to care for the son, daughter, or parent of 
     the employee, if such son, daughter, or parent is addressing 
     domestic violence and its effects.
       ``(F) Because the employee is addressing domestic violence 
     and its effects, which make the employee unable to perform 
     the functions of the position of such employee.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Domestic violence.--Leave under subparagraph (E) or 
     (F) of subsection (a)(1) may be taken by an employee 
     intermittently or on a reduced leave schedule. The taking of 
     leave intermittently or on a reduced leave schedule pursuant 
     to this paragraph shall not result in a reduction in the 
     total amount of leave to which the employee is entitled under 
     subsection (a) beyond the amount of leave actually taken.''; 
     and
       (3) in subsection (d), by striking ``(C), or (D)'' and 
     inserting ``(C), (D), (E), or (F)''.
       (c) Certification.--Section 6383 of title 5, United States 
     Code, is amended--
       (1) in the title of the section, by adding at the end the 
     following: ``; confidentiality''; and
       (2) by adding at the end the following:
       ``(f) In determining if an employee meets the requirements 
     of subparagraph (E) or (F) of section 6382(a)(1), the 
     employing agency of an employee may require the employee to 
     provide--
       ``(1) a written statement describing the domestic violence 
     and its effects;
       ``(2) documentation of the domestic violence involved, such 
     as a police or court record, or documentation from a shelter 
     worker, an employee of a domestic violence program, an 
     attorney, a member of the clergy, or a medical or other 
     professional, from whom the employee has sought assistance in 
     addressing domestic violence and its effects; or
       ``(3) other corroborating evidence, such as a statement 
     from any other individual with knowledge of the circumstances 
     that provide the basis for the claim of domestic violence, or 
     physical evidence of domestic violence, such as a photograph, 
     torn or bloody clothing, or other damaged property.
       ``(g) All evidence provided to the employing agency under 
     subsection (f) of domestic violence experienced by an 
     employee or the son, daughter, or parent of an employee, 
     including a statement of an employee, any other documentation 
     or corroborating evidence, and the fact that an employee has 
     requested leave for the purpose of addressing, or caring for 
     a son, daughter, or parent who is addressing, domestic 
     violence and its effects, shall be retained in the strictest 
     confidence by the employing agency, except to the extent that 
     disclosure is requested, or consented to, by the employee for 
     the purpose of--
       ``(1) protecting the safety of the employee or a family 
     member or co-worker of the employee; or
       ``(2) assisting in documenting domestic violence for a 
     court or agency.''.

     SEC. ____6. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.

       (a) Definitions.--In this section:
       (1) Addressing domestic violence and its effects.--The term 
     ``addressing domestic violence and its effects'' has the 
     meaning given the term in section 101 of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2611), as amended in 
     section ____4(a).
       (2) Employee.--The term ``employee'' means any person 
     employed by an employer. In the case of an individual 
     employed by a public agency, such term means an individual 
     employed as described in section 3(e) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(e)).
       (3) Employer.--The term ``employer''--
       (A) means any person engaged in commerce or in any industry 
     or activity affecting commerce who employs individuals, if 
     such person is also subject to the Family and Medical Leave 
     Act of 1993 (29 U.S.C. 2601 et seq.) or to any provision of a 
     State or local law, collective bargaining agreement, or 
     employment benefits program or plan, addressing paid or 
     unpaid leave from employment (including family, medical, 
     sick, annual, personal, or similar leave); and
       (B) includes any person acting directly or indirectly in 
     the interest of an employer in relation to any employee, and 
     includes a public agency, who is subject to a law, agreement, 
     program, or plan described in subparagraph (A), but does not 
     include any labor organization (other than when acting as an 
     employer) or anyone acting in the capacity of officer or 
     agent of such labor organization.
       (4) Employment benefits.--The term ``employment benefits'' 
     has the meaning given the term in section 101 of the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2611).
       (5) Parent; son or daughter.--The terms ``parent'' and 
     ``son or daughter'' have the meanings given the terms in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611).
       (6) Public agency.--The term ``public agency'' has the 
     meaning given the term in section 3 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203).
       (b) Use of Existing Leave.--An employee who is entitled to 
     take paid or unpaid leave (including family, medical, sick, 
     annual, personal, or similar leave) from employment, pursuant 
     to State or local law, a collective bargaining agreement, or 
     an employment benefits program or plan, shall be permitted to 
     use such leave for the purpose of addressing domestic 
     violence and its effects, or for the purpose of caring for a 
     son or daughter or parent of the employee, if such son or 
     daughter or parent is addressing domestic violence and its 
     effects.
       (c) Certification.--In determining whether an employee 
     qualifies to use leave as described in subsection (b), an 
     employer may require a written statement, documentation of 
     domestic violence, or corroborating evidence consistent with 
     section 103(f) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2613(f)), as amended by section ____4(c).
       (d) Confidentiality.--All evidence provided to the employer 
     under subsection (c) of domestic violence experienced by an 
     employee or the son or daughter or parent of the employee, 
     including a statement of an employee, any other documentation 
     or corroborating evidence, and the fact that an

[[Page S11146]]

     employee has requested leave for the purpose of addressing, 
     or caring for a son or daughter or parent who is addressing, 
     domestic violence and its effects, shall be retained in the 
     strictest confidence by the employer, except to the extent 
     that disclosure is requested, or consented to, by the 
     employee for the purpose of--
       (1) protecting the safety of the employee or a family 
     member or co-worker of the employee; or
       (2) assisting in documenting domestic violence for a court 
     or agency.
       (e) Prohibited Acts.--
       (1) Interference with rights.--
       (A) Exercise of rights.--It shall be unlawful for any 
     employer to interfere with, restrain, or deny the exercise of 
     or the attempt to exercise, any right provided under this 
     section.
       (B) Discrimination.--It shall be unlawful for any employer 
     to discharge or in any other manner discriminate against an 
     individual for opposing any practice made unlawful by this 
     section.
       (2) Interference with proceedings or inquiries.--It shall 
     be unlawful for any person to discharge or in any other 
     manner discriminate against any individual because such 
     individual--
       (A) has filed any charge, or had instituted or caused to be 
     instituted any proceeding, under or related to this section;
       (B) has given, or is about to give, any information in 
     connection with any inquiry or proceeding relating to any 
     right provided under this section; or
       (C) has testified, or is about to testify, in any inquiry 
     or proceeding relating to any right provided under this 
     section.
       (f) Enforcement.--
       (1) Public enforcement.--The Secretary of Labor shall have 
     the powers set forth in subsections (b), (c), (d), and (e) of 
     section 107 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2617) for the purpose of public agency enforcement of 
     any alleged violation of subsection (e) against any employer.
       (2) Private enforcement.--The remedies and procedures set 
     forth in section 107(a) of the Family and Medical Leave Act 
     of 1993 (29 U.S.C. 2617(a)) shall be the remedies and 
     procedures pursuant to which an employee may initiate a legal 
     action against an employer for alleged violations of 
     subsection (e).
       (3) References.--For purposes of paragraph (1) and (2), 
     references in section 107 of the Family and Medical Leave Act 
     of 1993 to section 105 of such Act shall be considered to be 
     references to subsection (e).
       (4) Employer liability under other laws.--Nothing in this 
     section shall be construed to limit the liability of an 
     employer to an employee for harm suffered relating to the 
     employee's experience of domestic violence pursuant to any 
     other Federal or State law, including a law providing for a 
     legal remedy.

     SEC. ____7. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

       (a) More Protective Laws, Agreements, Programs, and 
     Plans.--Nothing in this title or the amendments made by this 
     title shall be construed to supersede any provision of any 
     Federal, State, or local law, collective bargaining 
     agreement, or other employment benefits program or plan that 
     provides greater unemployment compensation or leave benefits 
     for employed victims of domestic violence than the rights 
     established under this title or such amendments.
       (b) Less Protective Laws, Agreements, Programs, and 
     Plans.--The rights established for employees under this title 
     or the amendments made by this title shall not be diminished 
     by any State or local law, collective bargaining agreement, 
     or employment benefits program or plan.

     SEC. ____8. EFFECTIVE DATE.

       (a) General Rule.--Except as provided in subsection (b), 
     this title and the amendments made by this title take effect 
     180 days after the date of enactment of this Act.
       (b) Unemployment Compensation.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by section ____3 shall apply in the case of 
     compensation paid for weeks beginning on or after the 
     expiration of 180 days from the date of enactment of this 
     Act.
       (2) Meeting of state legislature.--
       (A) In general.--If the Secretary of Labor identifies a 
     State as requiring a change to its statutes or regulations in 
     order to comply with the amendments made by section ____3, 
     the amendments made by section ____3 shall apply in the case 
     of compensation paid for weeks beginning after the earlier 
     of--
       (i) the date the State changes its statutes or regulations 
     in order to comply with the amendments made by section ____3; 
     or
       (ii) the end of the first session of the State legislature 
     which begins after the date of enactment of this Act or which 
     began prior to such date and remained in session for at least 
     25 calendar days after such date;

     except that in no case shall the amendments made by this 
     title apply before the date that is 180 days after the date 
     of enactment of this Act.
       (B) Session defined.--In this paragraph, the term 
     ``session'' means a regular, special, budget, or other 
     session of a State legislature.
                                  ____


                           Amendment No. 1699

       At the appropriate place, insert the following:
           TITLE ____--VICTIMS OF ABUSE INSURANCE PROTECTION

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Victims of Abuse Insurance 
     Protection Act''.

     SEC. ____02. DEFINITIONS.

       In this title:
       (1) Abuse.--The term ``abuse'' means the occurrence of 1 or 
     more of the following acts by a current or former household 
     or family member, intimate partner, or caretaker:
       (A) Attempting to cause or causing another person bodily 
     injury, physical harm, substantial emotional distress, 
     psychological trauma, rape, sexual assault, or involuntary 
     sexual intercourse.
       (B) Engaging in a course of conduct or repeatedly 
     committing acts toward another person, including following 
     the person without proper authority and under circumstances 
     that place the person in reasonable fear of bodily injury or 
     physical harm.
       (C) Subjecting another person to false imprisonment or 
     kidnapping.
       (D) Attempting to cause or causing damage to property so as 
     to intimidate or attempt to control the behavior of another 
     person.
       (2) Health carrier.--The term ``health carrier'' means a 
     person that contracts or offers to contract on a risk-
     assuming basis to provide, deliver, arrange for, pay for or 
     reimburse any of the cost of health care services, including 
     a sickness and accident insurance company, a health 
     maintenance organization, a nonprofit hospital and health 
     service corporation or any other entity providing a plan of 
     health insurance, health benefits or health services.
       (3) Insured.--The term ``insured'' means a party named on a 
     policy, certificate, or health benefit plan, including an 
     individual, corporation, partnership, association, 
     unincorporated organization or any similar entity, as the 
     person with legal rights to the benefits provided by the 
     policy, certificate, or health benefit plan. For group 
     insurance, such term includes a person who is a beneficiary 
     covered by a group policy, certificate, or health benefit 
     plan. For life insurance, the term refers to the person whose 
     life is covered under an insurance policy.
       (4) Insurer.--The term ``insurer'' means any person, 
     reciprocal exchange, inter insurer, Lloyds insurer, fraternal 
     benefit society, or other legal entity engaged in the 
     business of insurance, including agents, brokers, adjusters, 
     and third party administrators. The term also includes health 
     carriers, health benefit plans, and life, disability, and 
     property and casualty insurers.
       (5) Policy.--The term ``policy'' means a contract of 
     insurance, certificate, indemnity, suretyship, or annuity 
     issued, proposed for issuance or intended for issuance by an 
     insurer, including endorsements or riders to an insurance 
     policy or contract.
       (6) Subject of abuse.--The term ``subject of abuse'' 
     means--
       (A) a person against whom an act of abuse has been 
     directed;
       (B) a person who has prior or current injuries, illnesses, 
     or disorders that resulted from abuse; or
       (C) a person who seeks, may have sought, or had reason to 
     seek medical or psychological treatment for abuse, 
     protection, court-ordered protection, or shelter from abuse.

     SEC. ____03. DISCRIMINATORY ACTS PROHIBITED.

       (a) In General.--No insurer may, directly or indirectly, 
     engage in any of the following acts or practices on the basis 
     that the applicant or insured, or any person employed by the 
     applicant or insured or with whom the applicant or insured is 
     known to have a relationship or association, is, has been, or 
     may be the subject of abuse or has incurred or may incur 
     abuse-related claims:
       (1) Denying, refusing to issue, renew or reissue, or 
     canceling or otherwise terminating an insurance policy or 
     health benefit plan.
       (2) Restricting, excluding, or limiting insurance coverage 
     for losses or denying a claim, except as otherwise permitted 
     or required by State laws relating to life insurance 
     beneficiaries.
       (3) Adding a premium differential to any insurance policy 
     or health benefit plan.
       (b) Prohibition on Limitation on Claims.--No insurer may, 
     directly or indirectly, deny or limit payment of a claim 
     incurred by an innocent insured as a result of abuse.
       (c) Prohibition on Termination.--
       (1) In general.--No insurer or health carrier may terminate 
     health coverage for a subject of abuse because coverage was 
     originally issued in the name of the abuser and the abuser 
     has divorced, separated from, or lost custody of the subject 
     of abuse or the abuser's coverage has terminated voluntarily 
     or involuntarily and the subject of abuse does not qualify 
     for an extension of coverage under part 6 of subtitle B of 
     title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1161 et seq.) or section 4980B of the 
     Internal Revenue Code of 1986.
       (2) Payment of premiums.--Nothing in paragraph (1) shall be 
     construed to prohibit the insurer from requiring that the 
     subject of abuse pay the full premium for the subject's 
     coverage under the health plan if the requirements are 
     applied to all insured of the health carrier.
       (3) Exception.--An insurer may terminate group coverage to 
     which this subsection applies after the continuation coverage 
     period required by this subsection has been in force for 18 
     months if it offers conversion to an equivalent individual 
     plan.
       (4) Continuation coverage.--The continuation of health 
     coverage required by this subsection shall be satisfied by 
     any extension of coverage under part 6 of subtitle B of

[[Page S11147]]

     title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1161 et seq.) or section 4980B of the 
     Internal Revenue Code of 1986 provided to a subject of abuse 
     and is not intended to be in addition to any extension of 
     coverage otherwise provided for under such part 6 or section 
     4980B.
       (d) Use of Information.--
       (1) Limitation.--
       (A) In general.--In order to protect the safety and privacy 
     of subjects of abuse, no person employed by or contracting 
     with an insurer or health benefit plan may--
       (i) use, disclose, or transfer information relating to 
     abuse status, acts of abuse, abuse-related medical conditions 
     or the applicant's or insured's status as a family member, 
     employer, or associate, person in a relationship with a 
     subject of abuse for any purpose unrelated to the direct 
     provision of health care services unless such use, 
     disclosure, or transfer is required by an order of an entity 
     with authority to regulate insurance or an order of a court 
     of competent jurisdiction; or
       (ii) disclose or transfer information relating to an 
     applicant's or insured's location or telephone number or the 
     location and telephone number of a shelter for subjects of 
     abuse, unless such disclosure or transfer--

       (I) is required in order to provide insurance coverage; and
       (II) does not have the potential to endanger the safety of 
     a subject of abuse.

       (B) Rule of construction.--Nothing in this paragraph may be 
     construed to limit or preclude a subject of abuse from 
     obtaining the subject's own insurance records from an 
     insurer.
       (2) Authority of subject of abuse.--A subject of abuse, at 
     the absolute discretion of the subject of abuse, may provide 
     evidence of abuse to an insurer for the limited purpose of 
     facilitating treatment of an abuse-related condition or 
     demonstrating that a condition is abuse-related. Nothing in 
     this paragraph shall be construed as authorizing an insurer 
     or health carrier to disregard such provided evidence.

     SEC. ____04. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

       Insurers shall develop and adhere to written policies 
     specifying procedures to be followed by employees, 
     contractors, producers, agents and brokers for the purpose of 
     protecting the safety and privacy of a subject of abuse and 
     otherwise implementing this title when taking an application, 
     investigating a claim, or taking any other action relating to 
     a policy or claim involving a subject of abuse.

     SEC. ____05. REASONS FOR ADVERSE ACTIONS.

       An insurer that takes an action that adversely affects a 
     subject of abuse, shall advise the subject of abuse applicant 
     or insured of the specific reasons for the action in writing. 
     For purposes of this section, reference to general 
     underwriting practices or guidelines shall not constitute a 
     specific reason.

     SEC. ____06. LIFE INSURANCE.

       Nothing in this title shall be construed to prohibit a life 
     insurer from declining to issue a life insurance policy if 
     the applicant or prospective owner of the policy is or would 
     be designated as a beneficiary of the policy, and if--
       (1) the applicant or prospective owner of the policy lacks 
     an insurable interest in the insured; or
       (2) the applicant or prospective owner of the policy is 
     known, on the basis of police or court records, to have 
     committed an act of abuse against the proposed insured.

     SEC. ____07. SUBROGATION WITHOUT CONSENT PROHIBITED.

       Subrogation of claims resulting from abuse is prohibited 
     without the informed consent of the subject of abuse.

     SEC. ____08. ENFORCEMENT.

       (a) Federal Trade Commission.--
       (1) In general.--The Federal Trade Commission shall have 
     the power to examine and investigate any insurer to determine 
     whether such insurer has been or is engaged in any act or 
     practice prohibited by this title.
       (2) Cease and desist orders.--If the Federal Trade 
     Commission determines an insurer has been or is engaged in 
     any act or practice prohibited by this title, the Commission 
     may take action against such insurer by the issuance of a 
     cease and desist order as if the insurer was in violation of 
     section 5 of the Federal Trade Commission Act. Such cease and 
     desist order may include any individual relief warranted 
     under the circumstances, including temporary, preliminary, 
     and permanent injunctive and compensatory relief.
       (b) Private Cause of Action.--
       (1) In general.--An applicant or insured who believes that 
     the applicant or insured has been adversely affected by an 
     act or practice of an insurer in violation of this title may 
     maintain an action against the insurer in a Federal or State 
     court of original jurisdiction.
       (2) Relief.--Upon proof of such conduct by a preponderance 
     of the evidence in an action described in paragraph (1), the 
     court may award appropriate relief, including temporary, 
     preliminary, and permanent injunctive relief and compensatory 
     and punitive damages, as well as the costs of suit and 
     reasonable fees for the aggrieved individual's attorneys and 
     expert witnesses.
       (3) Statutory damages.--With respect to compensatory 
     damages in an action described in paragraph (1), the 
     aggrieved individual may elect, at any time prior to the 
     rendering of final judgment, to recover in lieu of actual 
     damages, an award of statutory damages in the amount of 
     $5,000 for each violation.

     SEC. ____09. EFFECTIVE DATE.

       This title shall apply with respect to any action taken on 
     or after the date of enactment of this Act, except that 
     section ____04 shall only apply to actions taken after the 
     expiration of 60 days after such date of enactment.
                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 1700-1703

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted four amendments intended to be proposed by 
him to the bill, S. 625, supra; as follows:

                           Amendment No. 1700

       At the appropriate place, insert the following:

     SEC. ____. EVALUATION OF OUTCOME OF WELFARE REFORM AND 
                   FORMULA FOR BONUSES TO HIGH PERFORMANCE STATES.

       (a) Additional Measures of State Performance.--Section 
     403(a)(4)(C) of the Social Security Act (42 U.S.C. 
     603(a)(4)(C)) is amended--
       (1) by striking ``Not later'' and inserting the following:
       ``(i) In general.--Not later'';
       (2) by inserting ``The formula shall provide for the 
     awarding of grants under this paragraph based on criteria 
     contained in clause (ii) and in accordance with clauses (iii) 
     and (iv).'' after the period; and
       (3) by adding at the end the following:
       ``(ii) Formula criteria.--The grants awarded under this 
     paragraph shall be based on the following:

       ``(I) Employment-related measures.--Employment-related 
     measures, including work force entries, job retention, 
     increases in earnings of recipients of assistance under the 
     State program funded under this title, and measures of 
     utilization of resources available under welfare-to-work 
     grants under paragraph (5) and title I of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801 et seq.), including 
     the implementation of programs (as defined in subclause 
     (VII)(bb)) to increase the number of individuals training 
     for, and placed in, nontraditional employment.
       ``(II) Measures of changes in income or number of children 
     below half of poverty.--Measures of changes in income of a 
     longitudinal sample of current recipients of assistance under 
     the State program funded under this title (or of changes in 
     the proportion of children in families with income below \1/
     2\ of the poverty line), including earnings and the value of 
     benefits received under that State program and food stamps.
       ``(III) Food stamps measures.--The change since 1995 in the 
     proportion of children in working poor families that receive 
     food stamps to the total number of children in the State (or, 
     if possible, to the estimated number of children in working 
     families with incomes low enough to be eligible for food 
     stamps).
       ``(IV) Medicaid and schip measures.--The percentage of 
     members of families who are former recipients of assistance 
     under the State program funded under this title (who have 
     ceased to receive such assistance for approximately 6 months) 
     who currently receive medical assistance under the State plan 
     approved under title XIX or the child health assistance under 
     title XXI.
       ``(V) Child care measures.--In the case of a State that 
     pays child care rates that are equal to at least the 75th 
     percentile of market rates, based on a market rate survey 
     that is not more than 2 years old, measures of the State's 
     success in providing child care, as measured by the 
     percentage of children in families with incomes below 85 
     percent of the State's median income who receive subsidized 
     child care in the State, and by the amount of the State's 
     expenditures on child care subsidies divided by the estimated 
     number of children younger than 13 in families with incomes 
     below 85 percent of the State's median income.
       ``(VI) Measures of addressing domestic violence.--In the 
     case of a State that has adopted the option under the State 
     plan relating to domestic violence set forth in section 
     402(a)(7) and that reports the proportion of eligible 
     recipients of assistance under this title who disclose their 
     status as domestic violence victims or survivors, measures of 
     the State's success in addressing domestic violence as a 
     barrier to economic self-sufficiency, as measured by the 
     proportion of such recipients who are referred to and receive 
     services under a service plan developed by an individual 
     trained in domestic violence pursuant to section 260.55(c) of 
     title 45 of the Code of Federal Regulations.
       ``(VII) Definitions.--In this clause:

       ``(aa) Domestic violence.--The term `domestic violence' has 
     the meaning given the term `battered or subjected to extreme 
     cruelty' in section 408(a)(7)((C)(iii).
       ``(bb) Implementation of programs.--The term 
     `implementation of programs' means activities conducted 
     pursuant to section 134(a)(3)(A)(vi)(II) of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2864(a)(3)(A)(vi)(II)), 
     placement of recipients in nontraditional employment, as 
     reported to the Department of Labor pursuant to section 
     185(d)(1)(C) of such Act (29 U.S.C. 2935(d)(1)(C)), and the 
     performance of the

[[Page S11148]]

     State on other measures such as the provision of education, 
     training, and career development assistance for 
     nontraditional employment developed pursuant to section 
     136(b)(2) of such Act (29 U.S.C. 2871(b)(2))).
       ``(cc) Nontraditional employment.--The term `nontraditional 
     employment' means occupations or fields of work, including 
     careers in computer science, technology, and other emerging 
     high skill occupations, for which individuals from 1 gender 
     comprise less than 25 percent of the individuals employed in 
     each such occupation or field of work.
       ``(dd) Working poor families.--The term `working poor 
     families' means families that receive earnings at least equal 
     to a comparable amount that would be received by an 
     individual working a half-time position for minimum wage.
       ``(iii) Employment, earning, and income related measures.--
     $100,000,000 of the amount appropriated for a fiscal year 
     under subparagraph (F) shall be used to award grants to 
     States under this paragraph for that fiscal year based on the 
     measures of employment, earnings, and income described in 
     subclauses (I), (II), and (V) of clause (ii), including 
     scores for the criteria described in those items.
       ``(iv) Measures of support for working families.--
     $100,000,000 of the amount appropriated for a fiscal year 
     under subparagraph (F) shall be used to award grants to 
     States under this paragraph for that fiscal year based on 
     measures of support for working families, including scores 
     for the criteria described in subclauses (III), (IV) and (VI) 
     of clause (ii).
       ``(v) Limitation of applying for only 1 bonus.--To qualify 
     under any one of the employment, earnings, food stamp, or 
     health coverage criteria described in subclauses (I), (II), 
     (III), or (IV) of clause (ii), a State must submit the data 
     required to compete for all of the criteria described in 
     those subclauses.
       (b) Data Collection and Reporting.--Section 411(a) of the 
     Social Security Act (42 U.S.C. 611(a)) is amended by adding 
     at the end the following:
       ``(8) Report on outcome of welfare reform for states not 
     participating in bonus grants under section 403(a)(4).--
       ``(A) In general.--In the case of a State which does not 
     participate in the procedure for awarding grants under 
     section 403(a)(4) pursuant to regulations prescribed by the 
     Secretary, the report required by paragraph (1) for a fiscal 
     quarter shall include data regarding the characteristics and 
     well-being of former recipients of assistance under the State 
     program funded under this title for an appropriate period of 
     time after such recipient has ceased receiving such 
     assistance.
       ``(B) Contents.--The data required under subparagraph (A) 
     shall consist of information regarding former recipients, 
     including--
       ``(i) employment status;
       ``(ii) job retention;
       ``(iii) changes in income or resources;
       ``(iv) poverty status, including the number of children in 
     families of such former recipients with income below \1/2\ of 
     the poverty line;
       ``(v) receipt of food stamps, medical assistance under the 
     State plan approved under title XIX or child health 
     assistance under title XXI, or subsidized child care;
       ``(vi) accessibility of child care and child care cost;
       ``(vii) the percentage of families in poverty receiving 
     child care subsidies;
       ``(viii) measures of hardship, including lack of medical 
     insurance and difficulty purchasing food; and
       ``(ix) the availability of the option under the State plan 
     in section 402(a)(7)(relating to domestic violence) and the 
     difficulty accessing services for victims of domestic 
     violence.
       ``(C) Sampling.--A State may comply with this paragraph by 
     using a scientifically acceptable sampling method approved by 
     the Secretary.
       ``(D) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to ensure that--
       ``(i) data reported under this paragraph is in such a form 
     as to promote comparison of data among States;
       ``(ii) a State reports, for each measure, changes in data 
     over time and comparisons in data between such former 
     recipients and comparable groups of current recipients; and
       ``(iii) a State that is already conducting a scientifically 
     acceptable study of former recipients that provides 
     sufficient data required under subparagraph (A) may use the 
     results of such study to satisfy the requirements of this 
     paragraph.''.
       (c) Report of Currently Collected Data.--
       (1) In general.--Not later than July 1, 2000, and annually 
     thereafter, the Secretary of Health and Human Services shall 
     transmit to Congress a report regarding characteristics of 
     former and current recipients of assistance under the State 
     program funded under this part, based on information 
     currently being received from States.
       (2) Characteristics.--For purposes of paragraph (1), the 
     characteristics shall include earnings, employment, and, to 
     the extent possible, income (including earnings, the value of 
     benefits received under the State program funded under this 
     title, and food stamps), the ratio of income to poverty, 
     receipt of food stamps, and other family resources.
       (3) Basis of report.--The report under paragraph (1) shall 
     be based on longitudinal data of employer reported earnings 
     for a sample of States, which represents at least 80 percent 
     of the population of the United States, including separate 
     data for each of fiscal years 1997 through 2000 regarding--
       (A) a sample of former recipients;
       (B) a sample of current recipients; and
       (C) a sample of food stamp recipients.
       (d) Report on Development of Measures.--Not later than July 
     1, 2000, the Secretary of Health and Human Services shall 
     transmit to Congress--
       (1) a report regarding the development of measures required 
     under subclauses (II) and (V) of section 403(a)(4)(C)(ii) of 
     the Social Security Act (42 U.S.C. 603(a)(4)(C)(ii)), as 
     added by this Act, regarding subsidized child care and 
     changes in income; and
       (2) a report, prepared in consultation with domestic 
     violence organizations, regarding the domestic violence 
     criteria required under subclause (VI) of such section.
       (e) Effective Dates.--
       (1) Additional measures of state performance.--The 
     amendments made by subsection (a) apply to each of fiscal 
     years 2001 through 2003, except that the income change (or 
     extreme child poverty) criteria and the child care criteria 
     described in subclauses (II) and (V) of section 
     403(a)(4)(C)(ii) of the Social Security Act (42 U.S.C. 
     603(a)(4)(C)(ii)) shall apply to each of fiscal years 2002 
     and 2003.
       (2) Data collection and reporting.--The amendment made by 
     subsection (b) shall apply to reports submitted in fiscal 
     years beginning with fiscal year 2001.
                                  ____


                           Amendment No. 1701

       At appropriate place, insert the following:

     SEC. ____. DISALLOWANCE OF CERTAIN CLAIMS; PROHIBITION OF 
                   COERCIVE DEBT COLLECTION PRACTICES.

       (a) In General.--Section 502(b) of title 11, United States 
     Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end of the following:
       ``(10) such claim arises from a transaction--
       ``(A) that is--
       ``(i) a consumer credit transaction;
       ``(ii) a transaction, for a fee--

       ``(I) in which the deposit of a personal check is deferred; 
     or
       ``(II) that consists of a credit and a right to a future 
     debit to a personal deposit account; or

       ``(iii) a transaction secured by a motor vehicle or the 
     title to a motor vehicle; and
       ``(B) in which the annual percentage rate (as determined in 
     accordance with section 107 of the Truth in Lending Act) 
     exceeds 100 percent.''.
       (b) Unfair Debt Collection Practices.--
       (1) In general.--Section 808 of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692f) is amended--
       (A) in the first sentence, by striking ``A debt collector'' 
     and inserting the following:
       ``(a) In General.--A debt collector''; and
       (B) by adding at the end the following:
       ``(b) Coercive Debt Collection Practices.--
       ``(1) In general.--It shall be unlawful for any person 
     (including a debt collector or a creditor) who, for a fee, 
     defers deposit of a personal check or who makes a loan in 
     exchange for a personal check or electronic access to a 
     personal deposit account, to--
       ``(A) threaten to use or use the criminal justice process 
     to collect on the personal check or on the loan;
       ``(B) threaten to use or use any process to seek a civil 
     penalty if the personal check is returned for insufficient 
     funds; or
       ``(C) threaten to use or use any civil process to collect 
     on the personal check or the loan that is not generally 
     available to creditors to collect on loans in default.
       ``(2) Civil liability.--Any person who violates this 
     section shall be liable to the same extent and in the same 
     manner as a debt collector is liable under section 813 for 
     failure to comply with a provision of this title.''.
       (2) Conforming amendment.--Section 803(6) of the Fair Debt 
     Collection Practices Act (15 U.S.C. 1692a(6)) is amended by 
     striking ``808(6)'' and inserting ``808(a)(6)''.
                                  ____


                           Amendment No. 1702

       At appropriate place, insert the following:

     SEC. ____. LOW-COST BASIC BANKING ACCOUNT.

       (a) In General.--Each insured depository institution that 
     offers retail depository services to the public and has total 
     aggregate assets of not less than $200,000,000 shall provide 
     low-cost basic banking accounts (lifeline accounts), as 
     defined by the appropriate Federal banking agency.
       (b) Definitions.--In this section, the terms ``appropriate 
     Federal banking agency'' and ``insured depository 
     institution'' have the meanings given those terms in section 
     3 of the Federal Deposit Insurance Act.
                                  ____


                           Amendment No. 1703

       At appropriate place, insert the following:

     SEC. ____. LOW-COST BASIC BANKING ACCOUNT.

       (a) In General.--Each insured depository institution that 
     offers retail depository services to the public and has total 
     aggregate assets of not less than $200,000,000 shall provide 
     low-cost basic banking accounts (lifeline accounts), as 
     defined by the appropriate Federal banking agency.
       (b) Definitions.--In this section, the terms ``appropriate 
     Federal banking agency'' and ``insured depository 
     institution'' have the meanings given those terms in section 
     3 of the Federal Deposit Insurance Act.

[[Page S11149]]

                                 ______
                                 

                  FEINSTEIN AMENDMENTS NOS. 1704-1705

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted two amendments intended to be proposed by 
her to the bill, S. 625, supra, as follows:

                           Amendment No. 1704

       At the appropriate place, insert the following:

     SEC. ____. PROTECTION OF MIGRANT SEASONAL AGRICULTURAL 
                   WORKERS.

       (a) Seats and Seat Belts.--In promulgating vehicle safety 
     standards under Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.) for the 
     transportation of workers by farm labor contractors, 
     agricultural employers or agricultural associations, the 
     Secretary of Labor shall ensure that each occupant or rider 
     in, or on, any vehicle will be provide with a seat, and an 
     operational seat belt, which are securely fastened to the 
     vehicle in accordance with Federal seat belt laws.
                                  ____


                           Amendment No. 1705

       At the appropriate place, insert the following:

     SEC. ____. PROTECTION OF MIGRANT SEASONAL AGRICULTURAL 
                   WORKERS.

       (a) Seats and Seat Belts.--In promulgating vehicle safety 
     standards under Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.) for the 
     transportation of workers by farm labor contractors, 
     agricultural employers or agricultural associations, the 
     Secretary of Labor shall ensure that each occupant or rider 
     in, or on, any vehicle will be provide with a seat, and an 
     operational seat belt, which are securely fastened to the 
     vehicle in accordance with Federal seat belt laws.
                                 ______
                                 

                 LEAHY (AND MURRAY) AMENDMENTS NO 1706

  (Ordered to lie on the table.)
  Mr. LEAHY (for himself and Mrs. Murray) submitted an amendment 
intended to be proposed by them to the bill, S. 625, supra; as follows:

       On page 7, line 21, insert after the period ``In addition, 
     the debtor's monthly expenses shall include the debtor's 
     reasonably necessary expenses incurred to maintain the safety 
     of the debtor and the family of the debtor from family 
     violence as defined under section 309 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10408), or other 
     applicable Federal law. The expenses included in the debtor's 
     monthly expenses described in the preceding sentence shall be 
     kept confidential by the court.''.
                                 ______
                                 

                    LEAHY AMENDMENTS NOS. 1707-1709

  (Ordered to lie on the table.)
  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

                           Amendment No. 1707

       On page 115, line 23, strike all through line 2 on page 
     116.
       On page 116, line 3, strike ``(v)'' and insert ``(iv)''.
       On page 116, line 8, strike ``(vi)'' and insert ``(v)''.
       On page 116, line 11, strike ``(vii)'' and insert ``(vi)''.
       On page 117, strike lines 5 through 20, and insert the 
     following:
       ``(e) An individual debtor in a case under chapter 7 or 13 
     of this title shall file with the court at the request of any 
     party in interest--
       ``(1) all tax returns required under applicable law, 
     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 required under applicable law, 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 of relief;
       ``(3) any amendments to any of the tax returns, including 
     schedules or attachments, described in paragraph (1) or (2); 
     and''.
                                  ____


                           Amendment No. 1708

       On page 294, between lines 11 and 12, insert the following:

     SEC. 11____. TOBACCO MULTI-STATE ACCOUNTABILITY.

       (a) Purpose.--The purpose of this section is to provide 
     that tobacco companies and their parent corporations may not 
     use Federal bankruptcy law to escape their liability for the 
     debts arising from the settlement of certain litigation by 
     State attorneys general to hold the tobacco industry 
     accountable for its prior actions.
       (b) Confirmation of Plan Does Not Provide for Discharge of 
     Certain Debts Arising from Tobacco-Related Litigation.--
     Section 1141(d) of title 11, United States Code, as amended 
     by section 708 of this Act, is amended by adding at the end 
     the following:
       ``(6)(A) The confirmation of a plan does not discharge a 
     debtor that is a covered corporation from any debt arising 
     under the applicable tobacco settlement.
       ``(B) In this paragraph:
       ``(i) The term `covered corporation' means any manufacturer 
     of a tobacco product (as determined under an applicable 
     tobacco settlement) and its parent corporation, as of the 
     date of the execution of the applicable tobacco settlement.
       ``(ii) The term `tobacco settlement' means--
       ``(I) the Master Settlement Agreement and the Smokeless 
     Tobacco Master Settlement Agreement executed by the 
     applicable State Attorneys General on November 23, 1998, and 
     any subsequent amendments thereto;
       ``(II) the separate settlement agreements executed by the 
     Attorneys General of the States of Florida, Minnesota, 
     Mississippi, and Texas in 1997 and 1998, concerning their 
     litigation against the tobacco industry; and
       ``(III) the National Tobacco Growers Settlement Trust 
     executed by the applicable State Attorneys General.
       ``(iii) The term `State' means any State, territory, or 
     possession of the United States, the District of Columbia, 
     and the Commonwealth of Puerto Rico.''.
                                  ____


                           Amendment No. 1709

       On page 124, insert between lines 14 and 15 the following:

     SEC. 322. BANKRUPTCY APPEALS.

       (a) Appeals.--Section 158 of title 28, United States Code, 
     is amended--
       (1) in subsection (c)(1), by striking out ``Subject to 
     subsection (b),'' and inserting in lieu thereof ``Subject to 
     subsections (b) and (d)(2),''; and
       (2) in subsection (d)--
       (A) by inserting ``(1)'' after ``(d)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) A court of appeals that would have jurisdiction of a 
     subsequent appeal under paragraph (1) or other applicable law 
     may authorize an immediate appeal to that court, in lieu of 
     further proceedings in a district court or before a 
     bankruptcy appellate panel exercising appellate jurisdiction 
     under subsection (a) or (b), if the district court or 
     bankruptcy appellate panel hearing an appeal certifies that--
       ``(A) a substantial question of law or matter of public 
     importance is presented in the appeal pending in the district 
     court or before the bankruptcy appellate panel; and
       ``(B) the interests of justice require an immediate appeal 
     to the court of appeals of the judgment, order, or decree 
     that had been appealed to the district court or bankruptcy 
     appellate panel.''.
       (b) Procedural Rules.--
       (1) In general.--Until rules of practice and procedure are 
     promulgated or amended under chapter 131 of title 28, United 
     States Code, relating to appeals to a court of appeals 
     exercising jurisdiction under section 158(d)(2) of title 28, 
     United States Code, as added by this Act, the provisions of 
     this subsection shall apply.
       (2) Certification.--A district court or bankruptcy 
     appellate panel may enter a certification as described under 
     section 158(d)(2) of title 28, United States Code, on its own 
     or a party's motion during an appeal to the district court or 
     bankruptcy appellate panel under section 158 (a) or (b) of 
     such title.
       (3) Appeal.--Subject to paragraphs (1), (2), and (4) 
     through (8) of this subsection, an appeal under section 
     158(d)(2) of title 28, United States Code, shall be taken in 
     the manner prescribed under rule 5 of the Federal Rules of 
     Appellate Procedure.
       (4) Filing based on certification.--When an appeal is 
     requested on the basis of a certification of a district court 
     or bankruptcy appellate panel, the petition shall be filed 
     within 10 days after the district court or bankruptcy 
     appellate panel enters the certification.
       (5) Attachment of certification.--When an appeal is 
     requested on the basis of a certification of a district court 
     or bankruptcy appellate panel, a copy of the certification 
     shall be attached to the petition.
       (6) Application to bankruptcy appellate panels.--When an 
     appeal is requested in a case pending before a bankruptcy 
     appellate panel, rule 5 of the Federal Rules of Appellate 
     Procedure shall apply by using the terms ``bankruptcy 
     appellate panel'' and ``clerk of the bankruptcy appellate 
     panel'' in lieu of the terms ``district court'' and 
     ``district clerk'', respectively.
       (7) Application of federal rules.--When a court of appeals 
     authorizes an appeal, the Federal Rules of Appellate 
     Procedure apply to the proceedings in the court of appeals, 
     to the extent relevant, as if the appeal were taken from a 
     final judgment, order, or decree of a district court or 
     bankruptcy appellate panel exercising appellate jurisdiction 
     under section 158 (a) or (b) of title 28, United States Code.
                                 ______
                                 

                        GRAMM AMENDMENT NO. 1710

  (Ordered to lie on the table.)
  Mr. GRAMM submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. MAXIMUM HOMESTEAD EXEMPTION.

       Section 522 of title 11, United States Code, as amended by 
     section 308 of this Act, is amended--
       (1) in subsection (b)(3)(A), by striking ``subsection (n)'' 
     and inserting ``subsections (n) and (o)''; and
       (2) by adding at the end the following:
       ``(o) Notwithstanding any other provision of law, for 
     purposes of subsection (b)(3)(A),

[[Page S11150]]

     the maximum exemption under applicable State law from the 
     property of the estate of a debtor of the value of an 
     interest of the debtor in any real or personal property or 
     cooperative described in paragraph (1) or (2) of subsection 
     (n) shall not exceed $100,000, if the debtor acquired the 
     interest--
       ``(1) during the 2-year period preceding the date of the 
     filing of the petition; and
       ``(2) No such exemption shall be available during the 5-
     year period preceding the date of the filing of the petition 
     with the intent to hinder, delay, or defraud a creditor.''.
                                 ______
                                 

                   SPECTER AMENDMENTS NOS. 1711-1712

  (Ordered to lie on the table.)
  Mr. SPECTER submitted two amendments intended to be proposed by him 
to the bill, S. 625, supra; as follows:

                           Amendment No. 1711

       On page 12, strike lines 20 through 22.
       On page 12, line 20, insert ``finds that the action of the 
     counsel for the debtor in filing under this chapter was 
     frivolous.''
                                  ____


                           Amendment No. 1712

       At the appropriate place in title XI, insert the following:

     SEC. 11  . 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 parties'' and inserting 
     ``Subject to subsection (f), the parties''; and
       (2) by adding at the end the following:
       ``(f)(1) The Judicial Conference of the United States shall 
     prescribe procedures for waiving fees under this subsection.
       ``(2) Under the procedures described in paragraph (1), the 
     district court or the bankruptcy court may waive a filing fee 
     described in paragraph (3) for a case commenced under chapter 
     7 of title 11 if the court determines that an individual 
     debtor is unable to pay fee in installments.
       ``(3) A filing fee referred to in paragraph (2) is--
       ``(A) a filing fee under subsection (a)(1); or
       ``(B) any other fee prescribed by the Judicial Conference 
     of the United States under subsection (b) that is payable to 
     the clerk of the district court or the clerk of the 
     bankruptcy court upon the commencement of a case under 
     chapter 7 of title 11.
       ``(4) In addition to waiving a fee described in paragraph 
     (3) under paragraph (2), the district court or the bankruptcy 
     court may waive any other fee prescribed under subsection (b) 
     or (c) if the court determines that the individual is unable 
     to pay the fee in installments.''.
                                 ______
                                 

                      McCONNELL AMENDMENT NO. 1713

  (Ordered to lie on the table.)
  Mr. McCONNELL submitted an amendment intended to be proposed by him 
to the bill, S. 625, supra; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. COMPENSATION OF TRUSTEES IN CERTAIN CASES UNDER 
                   CHAPTER 7 OF TITLE 11, UNITED STATES CODE.

       Section 326 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(e) In a case that has been converted under section 706, 
     or after a case has been converted or dismissed under section 
     707 or the debtor has been denied a discharge under section 
     727--
       ``(1) the court may allow reasonable compensation under 
     section 330 for the trustee's services rendered, payable 
     after the trustee renders services; and
       ``(2) any allowance made by a court under paragraph (1) 
     shall not be subject to the limitations under subsection 
     (a).''.
                                 ______
                                 

                    HATCH AMENDMENTS NOS. 1714-1718

  (Ordered to lie on the table.)
  Mr. HATCH submitted five amendments intended to be proposed by him to 
the bill, S. 625, supra; as follows:

                           Amendment No. 1714

       On page 28, line 7, after ``debt'', insert ``and materially 
     fraudulent statements in bankruptcy schedules''.
       On page 28, line 12, after the period, insert ``In addition 
     to addressing the violations referred to in the preceding 
     sentence, the individuals described under subsection (b) 
     shall address violations of section 152 or 157 relating to 
     materially fraudulent statements in bankruptcy schedules that 
     are intentionally false or intentionally misleading.''.
       On page 28, line 25, strike the quotation marks and the 
     second period.
       On page 28, after line 25, insert the following:
       ``(d) Bankruptcy Procedures.--The bankruptcy courts shall 
     establish procedures for referring any case which may contain 
     a materially fraudulent statement in a bankruptcy schedule to 
     the individuals designated under this section.''.
       On page 29, strike the item between lines 3 and 4 and 
     insert the following:

``158. Designation of United States attorneys and agents of the Federal 
              Bureau of Investigation to address abusive reaffirmations 
              of debt and materially fraudulent statements in 
              bankruptcy schedules.''.
                                  ____


                           Amendment No. 1715

       On page 14, between lines 14 and 15, insert the following:
       (c) Dismissal for Certain Crimes.--Section 707 of title 11, 
     United States Code, as amended by subsection (a) of this 
     section, is amended by adding at the end the following:
       ``(c)(1) In this subsection--
       ``(A) the term `crime of violence' has the meaning given 
     that term in section 16 of title 18; and
       ``(B) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2) of title 18.
       ``(2) Except as provided in paragraph (3), after notice and 
     a hearing, the court, on a motion by the victim of a crime of 
     violence or a drug trafficking crime, or at the request of a 
     party in interest, shall dismiss a voluntary case filed by an 
     individual debtor under this chapter if that individual was 
     convicted of that crime.
       ``(3) The court may not dismiss a case under paragraph (2) 
     if the debtor establishes by a preponderance of the evidence 
     that the filing of a case under this chapter is necessary to 
     satisfy a claim for a domestic support obligation.''.
       On page 14, line 15, strike ``(c)'' and insert ``(d)''.
                                  ____


                           Amendment No. 1716

       On page 83, between lines 4 and 5, insert the following:

     SEC. 2____. PROTECTION OF EDUCATION SAVINGS.

       (a) Exclusions.--Section 541 of title 11, United States 
     Code, as amended by section 903, is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) by redesignating paragraph (6) as paragraph (8); and
       (C) by inserting after paragraph (5) the following:
       ``(6) funds placed in an education individual retirement 
     account (as defined in section 530(b)(1) of the Internal 
     Revenue Code of 1986) not later than 365 days before the date 
     of filing of the petition, but--
       ``(A) only if the designated beneficiary of such account 
     was a son, daughter, stepson, stepdaughter, grandchild, or 
     step-grandchild of the debtor for the taxable year for which 
     funds were placed in such account;
       ``(B) only to the extent that 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
       ``(C) in the case of funds placed in all such accounts 
     having the same designated beneficiary not earlier than 720 
     days nor later than 365 days before such date, only so much 
     of such funds as does not exceed $5,000;
       ``(7) funds used to purchase a tuition credit or 
     certificate or contributed to an account in accordance with 
     section 529(b)(1)(A) of the Internal Revenue Code of 1986 
     under a qualified State tuition program (as defined in 
     section 529(b)(1) of such Code) not later than 365 days 
     before the date of filing of the petition, but--
       ``(A) only if the designated beneficiary of the amounts 
     paid or contributed to such tuition program was a son, 
     daughter, stepson, stepdaughter, grandchild, or step-
     grandchild of the debtor for the taxable year for which funds 
     were paid or contributed;
       ``(B) with respect to the aggregate amount paid or 
     contributed to such program having the same designated 
     beneficiary, only so much of such amount as does not exceed 
     the total contributions permitted under section 529(b)(7) of 
     such Code with respect to such beneficiary, as adjusted 
     beginning on the date of the filing of the petition by the 
     annual increase or decrease (rounded to the nearest tenth of 
     1 percent) in the education expenditure category of the 
     Consumer Price Index prepared by the Department of Labor; and
       ``(C) in the case of funds paid or contributed to such 
     program having the same designated beneficiary not earlier 
     than 720 days nor later than 365 days before such date, only 
     so much of such funds as does not exceed $5,000; or''; and
       (2) by adding at the end the following:
       ``(f) In determining whether any of the relationships 
     specified in paragraph (6)(A) or (7)(A) of subsection (b) 
     exists, a legally adopted child of an individual (and a child 
     who is a member of an individual's household, if placed with 
     such individual by an authorized placement agency for legal 
     adoption by such individual), or a foster child of an 
     individual (if such child has as the child's principal place 
     of abode the home of the debtor and is a member of the 
     debtor's household) shall be treated as a child of such 
     individual by blood.''.
       (b) Debtor's Duties.--Section 521 of title 11, United 
     States Code, as amended by sections 105(d), 304(c)(1), 
     305(2), 315(b), and 316 of this Act, is amended by adding at 
     the end the following:
       ``(k) In addition to meeting the requirements under 
     subsection (a), a debtor shall file with the court a record 
     of any interest that a debtor has in an education individual 
     retirement account (as defined in section 530(b)(1) of the 
     Internal Revenue Code of 1986) or under a qualified State 
     tuition program

[[Page S11151]]

     (as defined in section 529(b)(1) of such Code).''.
                                  ____


                           Amendment No. 1717

       On page 124, between lines 14 and 15, insert the following:

     SEC. 3____. DEBTOR'S TRANSACTIONS WITH ATTORNEYS.

       Section 329 of title 11, United States Code, is amended--
       (1) in subsection (a), by striking ``Any attorney'' and 
     inserting ``Subject to subsection (c), any attorney''; and
       (2) by adding at the end the following:
       ``(c) Any attorney who represents a debtor in a case under 
     chapter 13 or in connection with such a case, shall be 
     compensated for the services described in subsection (a) on a 
     quarterly basis during such time as a plan under subchapter 
     II of that chapter is in effect.''.
                                  ____


                           Amendment No. 1718

       On page 20, between lines 2 and 3, insert the following:
       (c) Fresh Start Credit Counseling.--Section 727 of title 
     11, United States Code, as amended by subsection (b) of this 
     section, is amended by adding at the end the following:
       ``(f)(1) In addition to meeting the requirements under 
     subsection (a), as a condition to receiving a discharge under 
     this section a debtor shall provide assurances that the 
     debtor will complete by not later than 365 days after the 
     granting of the discharge, an instructional course concerning 
     personal financial management described in section 111. That 
     course shall be in addition to the course completed by the 
     debtor to meet the requirements of section 109.
       ``(2) If a debtor fails to meet the requirements of 
     paragraph (1) by the date specified in that paragraph, the 
     debtor may not file a voluntary case under this chapter or 
     chapter 13 until after the date that is 10 years after the 
     date of the discharge referred to in that paragraph.''.
       On page 20, line 3, strike ``(c)'' and insert ``(d)''.
       On page 20, line 22, strike the ending quotation marks and 
     the following period.
       On page 20, between lines 22 and 23, insert the following:
       ``(j)(1) In addition to meeting the requirements under 
     subsection (g), as a condition to receiving a discharge under 
     this section a debtor shall provide assurances that the 
     debtor will complete by not later than 365 days after the 
     granting of the discharge, an instructional course concerning 
     personal financial management described in section 111. That 
     course shall be in addition to the course completed by the 
     debtor to meet the requirements of section 109.
       ``(2) If a debtor fails to meet the requirements of 
     paragraph (1) by the date specified in that paragraph, the 
     debtor may not file a voluntary case under this chapter or 
     chapter 7 until after the date that is 10 years after the 
     date of the discharge referred to in that paragraph.''.
       On page 20, line 23, strike ``(d)'' and insert ``(e)''.
       On page 21, line 12, strike ``(e)'' and insert ``(f)''.
       On page 21, line 25, strike the ending quotation marks and 
     the following period.
       On page 21, after line 25, add the following:
       ``(b)(1) In this subsection, the term `credit counseling 
     service'--
       ``(A) means--
       ``(i) a nonprofit credit counseling service approved under 
     subsection (a); and
       ``(ii) any other consumer education program carried out 
     by--
       ``(I) a trustee appointed under chapter 13; or
       ``(II) any other public or private entity or individual; 
     and
       ``(B) does not include any counseling service provided by 
     the attorney of the debtor or an agent of the debtor.
       ``(2) No attorney or agent that represents a debtor under 
     this title may provide credit counseling services to that 
     debtor.
       ``(3)(A) No credit counseling service may provide to a 
     credit reporting agency information concerning whether an 
     individual debtor has received or sought instruction 
     concerning personal financial management from the credit 
     counseling service.
       ``(B) A credit counseling service that willfully or 
     negligently fails to comply with any requirement under this 
     title with respect to a debtor shall be liable for damages in 
     an amount equal to the sum of--
       ``(i) any actual damages sustained by the debtor as a 
     result of the violation; and
       ``(ii) any court costs or reasonable attorneys' fees (as 
     determined by the court) incurred in an action to recover 
     those damages.''.
       On page 22, line 4, strike ``(f)'' and insert ``(g)''.
       On page 22, before line 1, insert the following:
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Judicial Conference of the United 
     States shall conduct a study and submit a report to Congress 
     that--
       ``(A) evaluates the implementation of section 111(b)(2) of 
     title 11, United States Code, as amended by this subsection; 
     and
       ``(B) includes any recommendations for Congress.''.
       On page 22, line 1, strike ``(2)'' and insert ``(3)''.
                                 ______
                                 

                      SESSIONS AMENDMENT NO. 1719

  (Ordered to lie on the table.)
  Mr. SESSIONS submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       S. 625, the ``Bankruptcy Reform Act of 1999'' is amended in 
     the following manner.

     SEC. 204. DISCOURAGING ABUSE OF REAFFIRMATION PRACTICES.

       (1) On page 25, line 1, insert ``with a debtor'' after 
     ``communication''.
       (2) On page 25, line 6, strike ``of an intention to--'' and 
     all that follows through line 13 and insert ``to take an 
     action which the creditor could not legally take.''
       (3) On page 25, line 20, strike ``or does not intend to 
     take,''.
       (4) On page 27, line 15, strike ``or did not intend to 
     take''.
                                 ______
                                 

                    SMITH AMENDMENTS NOS. 1720-1721

  (Ordered to lie on the table.)
  Mr. SMITH of Oregon submitted two amendments intended to be proposed 
by him to the bill, S. 625, supra; as follows:

                           Amendment No. 1720

       Strike all after the first word, and insert the following:

       . NON-DISCHARGEABILITY OF DAMAGE AWARDS BASED ON INJURY 
                   RESULTING FROM THE PROVISION OF ABORTION 
                   SERVICES.

       Section 523(a)(6) of title 11, United States Code, is 
     amended by adding at the end thereof the following: ``, or 
     for injury resulting from the provision of abortion 
     services.''
       The provisions of this section shall take effect one day 
     following enactment.
                                  ____


                           Amendment No. 1721

       At the appropriate place, insert the following:

     SEC.   . NON-DISCHARGEABILITY OF DAMAGE AWARDS BASED ON 
                   INJURY RESULTING FROM THE PROVISION OF ABORTION 
                   SERVICES.

       Section 523(a)(6) of title 11, United States Code, is 
     amended by adding at the end thereof the following: ``, or 
     for injury resulting from the provision of abortion 
     services.''
                                 ______
                                 

                     ROBB AMENDMENTS NOS. 1722-1723

  (Ordered to lie on the table.)
  Mr. ROBB submitted two amendments intended to be proposed by him to 
the bill, S. 625, supra; as follows:

                           Amendment No. 1722

       On page 51, strike line 24 and insert the following:
     section (d); and
       ``(7) provide information relating to the administration of 
     cases that is practical to any not-for-profit entity which 
     shall provide information to parties in interest in a timely 
     and convenient manner, including telephonic and Internet 
     access, at no cost or a nominal cost.
     An entity described in paragraph (7) shall provide parties in 
     interest with reasonable information about each case on 
     behalf of the trustee of that case, including the status of 
     the debtor's payments to the plan, the unpaid balance payable 
     to each creditor treated by the plan, and the amount and date 
     of payments made under the plan. Neither a trustee nor a 
     creditor shall be liable to the debtor or to any other party 
     in interest if the information provided in the manner 
     required by paragraph (7) is not accurate and the party 
     claiming not to be liable acted in good faith in providing or 
     relying upon information the entity made available under 
     paragraph (7) or this paragraph. The trustee shall have no 
     duty to provide information under paragraph (7) if no such 
     entity has been established.''; and''.
                                  ____


                           Amendment No. 1723

       On page 106, line 16, insert ``and not yet due and owing'' 
     after ``previously paid''.
                                 ______
                                 

                    KERRY AMENDMENTS NOS. 1724-1725

  (Ordered to lie on the table.)
  Mr. KERRY submitted two amendments intended to be proposed by him to 
the bill, S. 625, supra; as follows:

                           Amendment No. 1724

       On page 155, line 10, strike all through page 157, line 8.
                                  ____


                           Amendment No. 1725

       On page 155, line 16, strike ``90'' and insert ``180''.
       On page 155, strike through lines 18 and 19.
       On page 155, line 20, strike ``(B)'' and insert ``(A)''.
       On page 155, line 22, strike ``(C)'' and insert ``(B)''.
       On page 155, line 24, strike ``90'' and insert ``300''.
       Beginning on page 156, line 22, strike through page 157, 
     line 8.
       Redesignate sections 430 through 435 as sections 429 
     through 434, respectively.
       On page 159, lines 13 and 14, strike ``, as amended by 
     section 429 of this Act,''.
       On page 250, line 17, strike ``432(2)'' and insert 
     ``431(2)''.
                                 ______
                                 

                COLLINS (AND OTHERS) AMENDMENT NO. 1726

  (Ordered to lie on the table.)
  Ms. COLLINS (for herself, Mr. Kerry, Mrs. Murray, Mr. Stevens,

[[Page S11152]]

and Mr. Kennedy) submitted an amendment intended to be proposed by them 
to the bill, S. 625, supra; as follows:
       At the appropriate place insert the following:

     SEC. ____. FAMILY FISHERMEN.

       (a) Definitions.--Section 101 of title 11, United States 
     Code, is amended--
       (1) by inserting after paragraph (7) the following:
       ``(7A) `commercial fishing operation' includes--
       ``(A) the catching or harvesting of fish, shrimp, lobsters, 
     urchins, seaweed, shellfish, or other aquatic species or 
     products;
       ``(B) for purposes of section 109 and chapter 12, 
     aquaculture activities consisting of raising for market any 
     species or product described in subparagraph (A); and
       ``(C) the transporting by vessel of a passenger for hire 
     (as defined in section 2101 of title 46) who is engaged in 
     recreational fishing;
       ``(7B) `commercial fishing vessel' means a vessel used by a 
     fisherman to carry out a commercial fishing operation;'';
       (2) by inserting after paragraph (19) the following:
       ``(19A) `family fisherman' means--
       ``(A) an individual or individual and spouse engaged in a 
     commercial fishing operation (including aquaculture for 
     purposes of chapter 12)--
       ``(i) whose aggregate debts do not exceed $1,500,000 and 
     not less than 80 percent of whose aggregate noncontingent, 
     liquidated debts (excluding a debt for the principal 
     residence of such individual or such individual and spouse, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     individual or such individual and spouse; and
       ``(ii) who receive from such commercial fishing operation 
     more than 50 percent of such individual's or such 
     individual's and spouse's gross income for the taxable year 
     preceding the taxable year in which the case concerning such 
     individual or such individual and spouse was filed; or
       ``(B) a corporation or partnership--
       ``(i) in which more than 50 percent of the outstanding 
     stock or equity is held by--

       ``(I) 1 family that conducts the commercial fishing 
     operation; or
       ``(II) 1 family and the relatives of the members of such 
     family, and such family or such relatives conduct the 
     commercial fishing operation; and

       ``(ii)(I) more than 80 percent of the value of its assets 
     consists of assets related to the commercial fishing 
     operation;
       ``(II) its aggregate debts do not exceed $1,500,000 and not 
     less than 80 percent of its aggregate noncontingent, 
     liquidated debts (excluding a debt for 1 dwelling which is 
     owned by such corporation or partnership and which a 
     shareholder or partner maintains as a principal residence, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     corporation or such partnership; and
       ``(III) if such corporation issues stock, such stock is not 
     publicly traded;''; and
       (3) by inserting after paragraph (19A) the following:
       ``(19B) `family fisherman with regular annual income' means 
     a family fisherman whose annual income is sufficiently stable 
     and regular to enable such family fisherman to make payments 
     under a plan under chapter 12 of this title;''.
       (b) Who May Be a Debtor.--Section 109(f) of title 11, 
     United States Code, is amended by inserting ``or family 
     fisherman'' after ``family farmer''.
       (c)  Chapter 12.--Chapter 12 of title 11, United States 
     Code, is amended--
       (1) in the chapter heading, by inserting ``OR FISHERMAN'' 
     after ``FAMILY FARMER'';
       (2) in section 1201, by adding at the end the following:
       ``(e)(1) Notwithstanding any other provision of law, for 
     purposes of this subsection, a guarantor of a claim of a 
     creditor under this section shall be treated in the same 
     manner as a creditor with respect to the operation of a stay 
     under this section.
       ``(2) For purposes of a claim that arises from the 
     ownership or operation of a commercial fishing operation, a 
     co-maker of a loan made by a creditor under this section 
     shall be treated in the same manner as a creditor with 
     respect to the operation of a stay under this section.'';
       (3) in section 1203, by inserting ``or commercial fishing 
     operation'' after ``farm'';
       (4) in section 1206, by striking ``if the property is 
     farmland or farm equipment'' and inserting ``if the property 
     is farmland, farm equipment, or property of a commercial 
     fishing operation (including a commercial fishing vessel)''; 
     and
       (5) by adding at the end the following:

     ``Sec. 1232. Additional provisions relating to family 
       fishermen

       ``(a)(1) Notwithstanding any other provision of law, except 
     as provided in subsection (c), with respect to any commercial 
     fishing vessel of a family fisherman, the debts of that 
     family fisherman shall be treated in the manner prescribed in 
     paragraph (2).
       ``(2)(A) For purposes of this chapter, a claim for a lien 
     described in subsection (b) for a commercial fishing vessel 
     of a family fisherman that could, but for this subsection, be 
     subject to a lien under otherwise applicable maritime law, 
     shall be treated as an unsecured claim.
       ``(B) Subparagraph (A) applies to a claim for a lien 
     resulting from a debt of a family fisherman incurred on or 
     after the date of enactment of this chapter.
       ``(b) A lien described in this subsection is--
       ``(1) a maritime lien under subchapter III of chapter 313 
     of title 46 without regard to whether that lien is recorded 
     under section 31343 of title 46; or
       ``(2) a lien under applicable State law (or the law of a 
     political subdivision thereof).
       ``(c) Subsection (a) shall not apply to--
       ``(1) a claim made by a member of a crew or a seaman 
     including a claim made for--
       ``(A) wages, maintenance, or cure; or
       ``(B) personal injury; or
       ``(2) a preferred ship mortgage that has been perfected 
     under subchapter II of chapter 313 of title 46.
       ``(d) For purposes of this chapter, a mortgage described in 
     subsection (c)(2) shall be treated as a secured claim.''.
       (d) Clerical Amendments.--
       (1) Table of chapters.--In the table of chapters for title 
     11, United States Code, the item relating to chapter 12, is 
     amended to read as follows:

``12. Adjustments of Debts of a Family Farmer or Family Fisherman with 
    Regular Annual Income...................................1201''.....

       (2) Table of sections.--The table of sections for chapter 
     12 of title 11, United States Code, is amended by adding at 
     the end the following new item:

``1232. Additional provisions relating to family fishermen.''.
       (e) Nothing in this title is intended to change, affect, or 
     amend the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801, et. seq.).
                                 ______
                                 

                       DeWINE AMENDMENT NO. 1727

  (Ordered to lie on the table.)
  Mr. DeWINE submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       On page 53, insert between lines 18 and 19 the following:

     SEC. 220. NONDISCHARGEABILITY OF CERTAIN EDUCATIONAL BENEFITS 
                   AND LOANS.

       Section 523(a) of title 11, United States Code, is amended 
     by striking paragraph (8) and inserting the following:
       ``(8) unless excepting such debt from discharge under this 
     paragraph would impose an undue hardship on the debtor and 
     the debtor's dependents, for--
       ``(A)(i) 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
       ``(ii) an obligation to repay funds received as an 
     educational benefit, scholarship, or stipend; or
       ``(B) any other educational loan that is a qualified 
     education loan, as that term is defined in section 221(e)(1) 
     of the Internal Revenue Code of 1986, incurred by an 
     individual debtor;''.
                                 ______
                                 

                        HATCH AMENDMENT NO. 1728

  (Ordered to lie on the table.)
  Mr. HATCH submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       On page 6, line 12, insert ``11 or'' after ``chapter''.

       On page 6, line 24, insert ``11 or'' after ``chapter''.

       On page 14, strike lines 8 through 14 and insert the 
     following:
       ``(C)(i) Only the judge, United States trustee, panel 
     trustee, or bankruptcy administrator, shall bring a motion 
     under section 707(b) if the debtor and the debtor's spouse 
     combined, as of the date of the order for relief, have 
     current monthly income which when multiplied by 12, is equal 
     to or less than the national or applicable State median 
     household monthly income (subject to clause (ii)) of a 
     household of equal size.
       ``(ii) For a household of more than 4 individuals, the 
     median income shall be that of a household of 4 individuals, 
     plus $583 for each additional member of that household.''.

       On page 14, in the matter between lines 18 and 19, insert 
     ``11 or'' after ``chapter''.

       On page 14, after the matter between lines 18 and 19, 
     insert the following:

     SEC. 103. FINDINGS AND STUDY.

       (a) Findings.--Congress finds that the Secretary of the 
     Treasury has the inherent authority to alter the Internal 
     Revenue Service standards established to set guidelines for 
     repayment plans as needed to accommodate their use under 
     section 707(b) of title 11, United States Code.
       (b) Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the

[[Page S11153]]

     Secretary of the Treasury, in consultation with the Director 
     of the Executive Office of United States Trustees, shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives containing the findings of the Secretary 
     concerning--
       (A) the utilization of Internal Revenue Service standards 
     for the purpose of section 707(b) of title 11, United States 
     Code; and
       (B) the impact that the application of those standards has 
     had on debtors and on the bankruptcy courts.
       (2) Recommendation.--The report under paragraph (1) may 
     include recommendations for amendments to title 11, United 
     States Code, that are consistent with the findings of the 
     Secretary of the Treasury under paragraph (1).

       On page 14, line 19, strike ``103'' and insert ``104''.

       On page 15, line 12, strike ``104'' and insert ``105''.

       On page 17, line 19, strike ``105'' and insert ``106''.

       On page 20, between lines 2 and 3, insert the following:
       (c) Fresh Start Credit Counseling.--Section 727 of title 
     11, United States Code, as amended by subsection (b) of this 
     section, is amended by adding at the end the following:
       ``(f)(1) In addition to meeting the requirements under 
     subsection (a), as a condition to receiving a discharge under 
     this section a debtor shall provide assurances that the 
     debtor will complete by not later than 365 days after the 
     granting of the discharge, an instructional course concerning 
     personal financial management described in section 111. That 
     course shall be in addition to the course completed by the 
     debtor to meet the requirements of section 109.
       ``(2) If a debtor fails to meet the requirements of 
     paragraph (1) by the date specified in that paragraph, the 
     debtor may not file a voluntary case under this chapter or 
     chapter 13 until after the date that is 10 years after the 
     date of the discharge referred to in that paragraph.''.

       On page 20, line 3, strike ``(c)'' and insert ``(d)''.

       On page 20, line 22, strike the ending quotation marks and 
     the following period.

       On page 20, between lines 22 and 23, insert the following:
       ``(j)(1) In addition to meeting the requirements under 
     subsection (g), as a condition to receiving a discharge under 
     this section a debtor shall provide assurances that the 
     debtor will complete by not later than 365 days after the 
     granting of the discharge, an instructional course concerning 
     personal financial management described in section 111. That 
     course shall be in addition to the course completed by the 
     debtor to meet the requirements of section 109.
       ``(2) If a debtor fails to meet the requirements of 
     paragraph (1) by the date specified in that paragraph, the 
     debtor may not file a voluntary case under this chapter or 
     chapter 7 until after the date that is 10 years after the 
     date of the discharge referred to in that paragraph.''.

       On page 20, line 23, strike ``(d)'' and insert ``(e)''.

       On page 21, line 12, strike ``(e)'' and insert ``(f)''.

       On page 21, line 25, strike the ending quotation marks and 
     the following period.

       On page 21, after line 25, add the following:
       ``(b)(1) In this subsection, the term `credit counseling 
     service'--
       ``(A) means--
       ``(i) a nonprofit credit counseling service approved under 
     subsection (a); and
       ``(ii) any other consumer education program carried out 
     by--
       ``(I) a trustee appointed under chapter 13; or
       ``(II) any other public or private entity or individual; 
     and
       ``(B) does not include any counseling service provided by 
     the attorney of the debtor or an agent of the debtor.
       ``(2) No attorney or agent that represents a debtor under 
     this title may provide credit counseling services to that 
     debtor.
       ``(3)(A) No credit counseling service may provide to a 
     credit reporting agency information concerning whether an 
     individual debtor has received or sought instruction 
     concerning personal financial management from the credit 
     counseling service.
       ``(B) A credit counseling service that willfully or 
     negligently fails to comply with any requirement under this 
     title with respect to a debtor shall be liable for damages in 
     an amount equal to the sum of--
       ``(i) any actual damages sustained by the debtor as a 
     result of the violation; and
       ``(ii) any court costs or reasonable attorneys' fees (as 
     determined by the court) incurred in an action to recover 
     those damages.''.

       On page 22, before line 1, insert the following:
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Judicial Conference of the United 
     States shall conduct a study and submit a report to Congress 
     that--
       (A) evaluates the implementation of section 111(b)(2) of 
     title 11, United States Code, as amended by this subsection; 
     and
       (B) includes any recommendations for Congress.

       On page 22, line 1, strike ``(2)'' and insert ``(3)''.

       On page 22, line 4, strike ``(f)'' and insert ``(g)''.

       On page 30, line 11, insert ``, including interest that 
     accrues on that debt as provided under applicable 
     nonbankruptcy law notwithstanding any other provision of this 
     title,'' after ``under this title''.

       On page 30, lines 14 and 15, strike ``or legal guardian; 
     or'' and insert ``, legal guardian, or responsible relative; 
     or''.

       On page 30, line 21, strike ``or legal guardian''.

       On page 31, line 10, strike ``or legal guardian'' and 
     insert ``, legal guardian, or responsible relative''.

       On page 32, line 9, strike all through line 3 on page 33 
     and insert the following:
       ``(1) First:
       ``(A) Allowed unsecured claims for domestic support 
     obligations that, as of the date of the filing of the 
     petition, are owed to or recoverable by a spouse, former 
     spouse, or child of the debtor, or the parent, legal 
     guardian, or responsible relative of such child, without 
     regard to whether the claim is filed by such person or is 
     filed by a governmental unit on behalf of that person, on the 
     condition that funds received under this paragraph by a 
     governmental unit under this title after the date of filing 
     of the petition shall be applied and distributed in 
     accordance with applicable nonbankruptcy law.
       ``(B) Subject to claims under subparagraph (A), allowed 
     unsecured claims for domestic support obligations that, as of 
     the date the petition was filed are assigned by a spouse, 
     former spouse, child of the debtor, or such child's parent, 
     legal guardian, or responsible relative to a governmental 
     unit (unless such obligation is assigned voluntarily by the 
     spouse, former spouse, child, parent, legal guardian, or 
     responsible relative of the child for the purpose of 
     collecting the debt) or are owed directly to or recoverable 
     by a government unit under applicable nonbankruptcy law, on 
     the condition that funds received under this paragraph by a 
     governmental unit under this title after the date of filing 
     of the petition be applied and distributed in accordance with 
     applicable nonbankruptcy law.''.

       On page 33, line 4, strike all through page 37, line 6 and 
     insert the following:

     SEC. 213. 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:

[[Page S11154]]

       ``(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 first become 
     payable after the date on which the petition is filed.'';
       (2) in section 1208(c)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.'';
       (3) in section 1222(a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) notwithstanding any other provision of this section, 
     a plan may provide for less than full payment of all amounts 
     owed for a claim entitled to priority under section 507(a)(4) 
     only if the plan provides that all of the debtor's projected 
     disposable income for a 5-year period, beginning on the date 
     that the first payment is due under the plan, will be applied 
     to make payments under the plan.'';
       (4) in section 1222(b)--
       (A) by redesignating paragraph (10) as paragraph (11); and
       (B) by inserting after paragraph (9) the following:
       ``(10) provide for the payment of interest accruing after 
     the date of the filing of the petition on unsecured claims 
     that are nondischargeable under section 1328(a), except that 
     such interest may be paid only to the extent that the debtor 
     has disposable income available to pay such interest after 
     making provision for full payment of all allowed claims;'';
       (5) in section 1225(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 first become payable 
     after the date on which the petition is filed.'';
       (6) in section 1228(a), in the matter preceding paragraph 
     (1), by inserting ``, and in the case of a debtor who is 
     required by a judicial or administrative order to pay a 
     domestic support obligation, after such debtor 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 the petition was filed, but only to the extent 
     provided for in the plan) have been paid'' after ``completion 
     by the debtor of all payments under the plan'';
       (7) in section 1307(c)--
       (A) in paragraph (9), by striking ``or'' at the end;
       (B) in paragraph (10), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(11) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.'';
       (8) in section 1322(a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding in the end the following:
       ``(4) notwithstanding any other provision of this section, 
     a plan may provide for less than full payment of all amounts 
     owed for a claim entitled to priority under section 507(a)(2) 
     only if the plan provides that all of the debtor's projected 
     disposable income for a 5-year period beginning on the date 
     that the first payment is due under the plan will be applied 
     to make payments under the plan.'';
       (9) in section 1322(b)--
       (A) in paragraph (9), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating paragraph (10) as paragraph (11); and
       (C) inserting after paragraph (9) the following:
       ``(10) provide for the payment of interest accruing after 
     the date of the filing of the petition on unsecured claims 
     that are nondischargeable under section 1328(a), except that 
     such interest may be paid only to the extent that the debtor 
     has disposable income available to pay such interest after 
     making provision for full payment of all allowed claims; 
     and'';
       (10) 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 amounts payable after the 
     date on which the petition is filed.''; and
       (11) in section 1328(a), in the matter preceding paragraph 
     (1), by inserting ``, and in the case of a debtor who is 
     required by a judicial or administrative order to pay a 
     domestic support obligation, after such debtor 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 the petition was filed, but only to the extent 
     provided for in the plan) have been paid'' after ``completion 
     by the debtor of all payments under the plan''.

       On page 37, strike lines 10 and 11 and insert ``amended by 
     striking paragraph (2) and inserting the''.

       On page 37, lines 14 and 15, strike ``of an action or 
     proceeding for--'' and insert ``or continuation of a civil 
     action or proceeding--''.

       On page 37, line 16, insert ``for'' after ``(i)''.

       On page 37, line 19, insert ``for'' after ``(ii)''.

       On page 37, line 21, strike ``or''.

       On page 37, between lines 21 and 22, insert the following:
       ``(iii) concerning child custody or visitation;
       ``(iv) for the dissolution of a marriage except to the 
     extent that such a proceeding seeks to determine the division 
     of property which is property of the estate; or
       ``(v) regarding domestic violence;

       On page 37, line 24, strike the quotation marks and second 
     semicolon.

       On page 37, after line 24, add the following:
       ``(C) with respect to the withholding of income that is 
     property of the estate or property of the debtor for payment 
     of a domestic support obligation pursuant to a judicial or 
     administrative order--
       ``(i) for amounts that first become payable after the date 
     the petition was filed; and
       ``(ii) for amounts that first became payable before the 
     petition was filed;
       ``(D) the withholding, suspension, or restriction of 
     drivers' licenses, professional and occupational licenses, 
     and recreational licenses under State law, as specified in 
     section 466(a)(16) of the Social Security Act (42 U.S.C. 
     666(a)(16));
       ``(E) the reporting of overdue support owed by a 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));
       ``(F) 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 under an analogous State law; or
       ``(G) the enforcement of medical obligations as specified 
     under title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.).'';

       On page 38, line 12, strike all through page 39, line 25.

       On page 40, line 4, insert ``as amended by section 1110(1) 
     of this Act,'' after ``Code,''.

       On page 40, between lines 13 and 14, insert the following:
       (i) by inserting ``to a spouse, former spouse, or child of 
     the debtor and'' before ``not of the kind'';

       On page 40, line 14, strike ``(i)'' and insert ``(ii)''.

       On page 40, line 16, strike ``(ii)'' and insert ``(iii)''.

       On page 40, insert between lines 18 and 19 the following:
       (C) by striking paragraph (18); and

       On page 40, line 20, strike ``(6)'' and insert ``(5)''.

       On page 41, line 4, strike ``(5)'' and insert ``(4)''.


[[Page S11155]]


       On page 41, line 7, strike ``(5)'' and insert ``(4)''.

       On page 41, line 12, strike ``(5)'' and insert ``(4)''.

       On page 43, strike lines 16 through 20 insert the 
     following:
     Section 1225(b)(2)(A) of title 11, United States Code, is 
     amended by inserting ``or for a domestic support obligation 
     that first becomes payable after the date on which the 
     petition is filed'' after ``dependent of the debtor''.

       On page 43, strike line 22 through page 44, line 2, and 
     insert the following:
     Section 1325(b)(2)(A) of title 11, United States Code, is 
     amended by inserting ``or for a domestic support obligation 
     that first becomes payable after the date on which the 
     petition is filed'' after ``dependent of the debtor''.

       On page 44, line 14, strike ``for support'' through line 
     16, and insert ``for a domestic support obligation,''.

       On page 45, line 23, strike ``and''.

       On page 45, between lines 23 and 24, insert the following:
       ``(III) the last recent known name and address of the 
     debtor's employer; and

       On page 45, line 24, strike ``(III)'' and insert ``(IV)''.

       On page 46, line 2, strike ``(2), (4), or (14A)'' and 
     insert ``(2), (3), or (14)''.

       On page 46, strike lines 6 through 11 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.

       On page 46, line 19, strike ``(b)'' and insert ``(a)''.

       On page 46, line 20, strike ``(5)'' and insert ``(6)''.

       On page 46, line 22, strike ``(6)'' and insert ``(7)''.

       On page 47, strike lines 1 through 6 and insert the 
     following:
       ``(8) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (c).''; and

       On page 47, line 8, strike ``(b)(7)'' and insert 
     ``(a)(7)''.

       On page 48, line 7, strike ``and''.

       On page 48, insert between lines 7 and 8 the following:

       ``(III) the last recent known name and address of the 
     debtor's employer; and''

       On page 48, line 8, strike ``(III)'' and insert ``(IV)''.

       On page 48, line 11, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.

       On page 48, strike lines 15 through 20 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.

       On page 49, strike lines 9 through 14 and insert the 
     following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (c).''; and

       On page 50, line 16, strike ``and''.

       On page 50, insert between lines 16 and 17 the following:

       ``(III) the last recent known name and address of the 
     debtor's employer; and''.

       On page 50, line 17, strike ``(III)'' and insert ``(IV)''.

       On page 50, line 20, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.

       On page 50, line 24, strike all through line 4 on page 51 
     and insert the following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.

       On page 51, strike lines 19 through 24 and insert the 
     following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (d).''; and

       On page 52, line 24, strike ``and''.

       On page 52, after line 24, add the following:
       ``(III) the last recent known name and address of the 
     debtor's employer; and''.

       On page 53, line 1, strike ``(III)'' and insert ``(IV)''.

       On page 53, line 4, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.

       On page 53, strike lines 8 through 13 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.

       On page 76, line 15, strike ``523(a)(9)'' and insert 
     ``523(a)(8)''.

       On page 82, strike lines 4 through 9 and insert ``title 11, 
     United States Code, is amended by adding at the end the 
     following:''.

       On page 82, line 10, strike ``(19)'' and insert ``(18)''.

       On page 91, line 23, strike ``105(d)'' and insert 
     ``106(d)''.

       On page 92, strike line 17 and insert the following:
       (2) in section 521, as amended by section 106 of this Act, 
     by adding at the end the following:

       On page 92, line 18, strike ``(b)'' and insert ``(c)''.

       On page 93, line 3, strike ``(2)'' and insert ``(3)''.

       On page 94, line 25, strike ``105(d)'' and insert 
     ``106(d)''.


[[Page S11156]]


       On page 95, line 16, strike ``(c)'' and insert ``(d)''.

       On page 109, line 13, strike ``by adding at the end'' and 
     insert ``by inserting after subsection (e)''.

       On page 111, strike lines 16 and 17 and insert the 
     following:

     SEC. 314. DISCHARGE PETITIONS.

       On page 111, line 18, insert ``(a) Debt Incurred To Pay 
     Nondischargeable Debts.--'' before ``Section''.

       On page 112, line 14, insert a dash after the period.

       On page 112, line 19, strike ``(4)'' and insert ``(3)''.

       On page 112, line 20, strike ``(3)(B), (5), (8), or (9) of 
     section 523(a)'' and insert ``(4), (7), or (8) of section 
     523(a)''.

       On page 113, strike line 6 and all that follows through 
     page 114, line 19 and insert the following:
       (a) Notice.--
       (1) In general.--Section 342 of title 11, United States 
     Code, as amended by section 103 of this Act, is amended--
       (A) by striking subsection (c);
       (B) by redesignating subsections (a) and (b) as subsections 
     (b) and (c), respectively;
       (C) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) In this section:
       ``(1)(A) The term `debtor identifying information' means--
       ``(i) the debtor's name, address, and Federal taxpayer 
     identification number; and
       ``(ii) if the information is being provided to a 
     governmental entity, the identity of the specific department, 
     agency, or instrumentality of the governmental unit on 
     account of which the entity is being given notice.
       ``(B) In any notice a debtor provides under this title or 
     the Federal Rules of Bankruptcy Procedure, the debtor's 
     current account number, or other identifying number, that has 
     been provided to the debtor or used in prior communications 
     between the debtor and an entity shall be used when notice is 
     given to such an entity.
       ``(2) The term `notice' includes any correspondence to the 
     entity after the commencement of the case and any notice 
     required to be given the entity under this title or the 
     Federal Rules of Bankruptcy Procedure.
       ``(3) The term `effective notice' with respect to an entity 
     means that notice has been served on the entity--
       ``(A) at the address specified under subsection (e); or
       ``(B) if no address is specified under subsection (e), at 
     an address otherwise designated by this title, the Federal 
     Rules of Bankruptcy Procedure, or applicable nonbankruptcy 
     law for service of process to initiate a civil proceeding 
     against the party to be notified or by court order for 
     service on such entity in the case''; and
       (D) by adding after subsection (c), as redesignated, the 
     following:
       ``(d)(1) If notice is required to be given by the debtor or 
     by the court or on the debtor's behalf to an entity under 
     this title, any rule promulgated under this title, any 
     applicable law, or any order of the court, such notice shall 
     contain debtor identifying information in addition to any 
     other required information. Such identifying information may 
     be provided in the notice or in a separate document provided 
     with or attached to the notice.
       ``(2) A petition under this title shall contain the 
     debtor's name, address and Federal taxpayer identification 
     number.
       ``(e)(1) At any time, an entity may file with the court a 
     designation of the address or addresses at which the entity 
     is to receive notice in cases under this title. The clerk 
     shall maintain and make available to any entity making a 
     request, a register in which shall be listed, alphabetically 
     by name, the name and address or addresses for those entities 
     which have provided the designation described in this 
     paragraph. The register shall be maintained and made 
     available in the form and manner as the Director of the 
     Administrative Office for the United States Courts 
     prescribes. The clerk shall update such register no less 
     frequently than once each calendar month with the information 
     contained in any designation so filed.
       ``(2) Subject to paragraph (3), the addresses specified in 
     the register shall be the address to which all notices to the 
     entity shall be sent, effective 5 business days after the 
     date on which the information is first listed in the 
     register.
       ``(3) In a particular case, an entity may file with the 
     court and serve on the debtor and on other parties in the 
     case notice of a different address to be used for service in 
     that particular case. Effective 5 business days after service 
     of such notice, any further notices that are required to be 
     given to that entity in that case shall be given at that 
     address.
       ``(f)(1)(A) Subject to the other paragraphs of this 
     subsection and subparagraph (B), if effective notice of an 
     action, proceeding or time within which an entity is required 
     or permitted under this title or the Federal Rules of 
     Bankruptcy Procedures to act or to refrain from taking action 
     is not given to an entity--
       ``(i) any action, proceeding or time of which the entity 
     was not given effective notice shall not be effective with 
     respect to that entity; and
       ``(ii) any creditor which has not received effective notice 
     shall receive the equivalent of the treatment which similar 
     entities similarly situated received in the proceeding.
       ``(B) Nothing in this section shall affect the immediate 
     applicability of the automatic stay under section 362(a).
       ``(2) Subject to paragraph (4), if effective notice of the 
     commencement of the case was not given to a creditor at the 
     times required by this title and the Federal Rules of 
     Bankruptcy Procedures (determined without regard to paragraph 
     (3)) the creditor's debt shall be subject to discharge only 
     if--
       ``(A) the court, after notice and a hearing, finds that 
     effective notice of the commencement of the case was given 
     the creditor in time to permit the creditor's effective 
     participation in the case, except that the court may not so 
     find if effective notice is given after--
       ``(i) if the debt is of a kind specified in paragraph (2), 
     (3), or (5) of section 523(a) of this title, 30 days before 
     the last date to file a proceeding to determine the 
     dischargeability of a debt; or
       ``(ii) if the debt is not of a kind specified in paragraph 
     (2), (3), or (5) of section 523(a) of this title, 30 days 
     before the last date for the creditor to file a proof of 
     claim in the case; or
       ``(B) the creditor elects to file, within the time provided 
     in paragraph (3), a proof of claim, or a proceeding to 
     determine the dischargeability of the debt, and such filings 
     shall be deemed to be timely under this title and the Federal 
     Rules of Bankruptcy Procedure.
       ``(3)(A) If a time is specified by or within which an 
     entity is required or permitted under this title or the 
     Federal Rules of Bankruptcy Procedure to act or to refrain 
     from taking action, such time shall begin to run against that 
     entity only--
       ``(i) except as provided in paragraph (ii), when effective 
     notice is given the entity; or
       ``(ii) if notice is effective only because the party 
     claiming that effective notice was given establishes that 
     there was actual knowledge upon the later of--
       ``(I) the date of actual knowledge; or
       ``(II) the date on which such notice should otherwise have 
     been provided.
       ``(B) If no time is specified by or within which an entity 
     is required or permitted to act under this title or the 
     Federal Rules of Bankruptcy Procedure--
       ``(i) the entity shall have a minimum of 30 days, or such 
     longer time as the court allowed to other entities, to take 
     such required or permitted action after effective notice is 
     given; and
       ``(ii) in a particular case, a court may, for good cause 
     shown and after notice and a hearing, adjust any requirements 
     of clause (i) which are not practicable in the circumstances, 
     except that an entity may not be required to act before a 
     reasonable time after effective notice is given the entity so 
     as to allow the entity to take the required or permitted 
     action.
       ``(4)(A) In a case filed under chapter 7 by an individual, 
     a creditor's debt that is not subject to discharge under 
     paragraphs (1) through (3), shall be subject to discharge, 
     if--
       ``(i) the trustee has determined that no assets are or will 
     be available to pay a dividend to creditors in the case with 
     the same priority as the creditor; and
       ``(ii) the court has granted a debtor's request to permit 
     amending the schedules to list the creditor or otherwise to 
     subject the creditor's debt to discharge (including by 
     reopening the debtor's case if necessary).
       ``(B)(i) Before granting a request under subparagraph (A) 
     by the debtor, the court shall require the debtor to give the 
     creditor effective notice of the case and provide the 
     creditor with a minimum of 30 days to object to such request. 
     The court shall grant such request unless the creditor files 
     a timely objection.
       ``(ii) If the creditor files a timely objection the court 
     shall not grant the request unless the court finds, after 
     notice and a hearing, that--
       ``(I) the debtor has established that the failure to list 
     the creditor was based upon excusable neglect, and
       ``(II) the creditor will not be prejudiced by being 
     included in the case at the present time.
       ``(C) Any creditor listed by the debtor under this 
     paragraph may file a proof of claim, a proceeding to 
     determine the dischargeability of the debt, and any other 
     action allowed or permitted by this title and the Federal 
     Rules of Bankruptcy Procedure within the time limits provided 
     in paragraph (3). Such filings shall be deemed to be timely 
     under this title and the Federal Rules of Bankruptcy 
     Procedure.

[[Page S11157]]

       ``(5) If there is an omission by the debtor of information 
     required by this title or the Federal Rules of Bankruptcy 
     Procedure to be included on the debtor's schedules, the 
     omission shall be treated as a failure to provide effective 
     notice under this subsection of the commencement of the case 
     if the omitted information is material to the matter with 
     respect to which notice is required.
       ``(g)(1) No sanction, including an award of attorneys fees 
     or costs, 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 sections 524(a), 542, or 543 of this title may be 
     imposed on account of any action of an entity unless the 
     action takes place after the entity has received effective 
     notice of the commencement of the case, or with respect to 
     section 524(a), the discharge of a debt owed the entity.
       ``(2) Nothing in this subsection shall be deemed to require 
     a court to impose sanctions on an entity in circumstances 
     other than those described in this paragraph.''.
       (2) Adoption of rules providing notice.--
       (A) Sense of congress.--It is the sense of Congress that 
     the Judicial Conference of the United States shall promptly 
     consult with appropriate parties, including representatives 
     of Federal, State, and local government, with respect to the 
     need for additional rules for providing adequate notice to 
     State, Federal, and local government units that have 
     regulatory authority over the debtor, and propose such rules 
     within a reasonable period of time. Such rules shall be 
     consistent with section 342 of title 11, United States Code, 
     as amended by this section, and shall be designed 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.
       (B) Rules.--At a minimum, to the extent that it is 
     determined that notice should be given to a particular 
     regulatory entity, the rules shall require that the debtor, 
     in addition to any other information required by section 342 
     of title 11, United States Code, shall--
       (i) identify in the schedules and the notice, the 
     department, agency, subdivision, instrumentality or entity in 
     respect of which such notice should be received;
       (ii) provide sufficient information in the list or schedule 
     (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
       (iii) identify, in appropriate schedules, which shall be 
     required to be served on the governmental unit together with 
     the notice, the property, if any, in respect of which any 
     claim or regulatory obligation may have arisen, and the 
     nature of the claim or regulatory obligation for which notice 
     is being given.
       (3) Technical and conforming amendments.--
       (A) Exceptions to discharge.--Section 523 of title 11, 
     United States Code, as amended by sections 215, 223(b), 
     224(c), 301, 310, 314, 414, and 1110 of this Act, is further 
     amended--
       (i) in subsection (a)--

       (I) by striking paragraph (3); and
       (II) redesignating paragraphs (4) through (14A) as 
     paragraphs (3) through (14), respectively;

       (ii) in subsection (b), by striking ``(a)(3), or (a)(8) of 
     this section,'' and inserting ``or (a)(7) of this section, 
     section 342 of this title'';
       (iii) in subsection (c)(1), by striking ``Except as 
     provided in subsection (a)(3)(B) of this section,'' and 
     inserting ``Except as provided in section 342(f),''; and
       (iv) in subsection (c)(2)--

       (I) by striking ``(a)(4), (a)(6), or (a)(11)'' and 
     inserting ``(a)(3), (a)(5), or (a)(10)''; and
       (II) by striking ``subsection (a)(3)(B) of this section'' 
     and inserting ``section 342(f)''.

       (B) Conforming amendments.--
       (i) Allowance of claims or interests.--Section 502(b)(5) of 
     title 11, United States Code, is amended by striking 
     ``section 523(a)(5)'' and inserting ``section 523(a)(4)''.
       (ii) Exemptions.--Section 522(c)(3) of title 11, United 
     States Code, is amended by striking ``section 523(a)(4) or 
     523(a)(6)'' and inserting ``section 523(a) (3) or (5)''.
       (C) Distribution of property of the estate.--Section 726 of 
     title 11, United States Code, is amended--
       (i) in subsection (a)(2)(A), by adding ``or'' after the 
     semicolon;
       (ii) in subsection (a)(2)(B), by striking ``or'' after the 
     semicolon;
       (iii) by striking subsection (a)(2)(C); and
       (iv) in subsection (a)(3), by striking all beginning with 
     ``, other'' through ``subsection''.

       On page 116, line 16, strike ``(d)(1)'' and insert 
     ``(e)(1)''.

       On page 117, line 5, strike ``(e)'' and insert ``(f)''.

       On page 118, line 1, strike ``(A) beginning'' and insert 
     the following:
       ``(A) beginning''.

       On page 118, line 5, strike ``(B) thereafter,'' and insert 
     the following:
       ``(B) thereafter,''.

       On page 118, line 8, strike ``(f)(1)'' and insert 
     ``(g)(1)''.

       On page 118, strike line 23 and insert the following: 
     ``subsection (h)''.

       On page 118, line 24, strike ``(g)(1)'' and insert 
     ``(h)(1)''.

       On page 119, line 21, strike ``(h)'' and insert ``(i)''.

       On page 120, line 11, strike ``(i)'' and insert ``(j)''.

       On page 124, strike lines 7 through 14 and insert the 
     following:

     SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS.

       (a) Property of the Estate.--
       (1) In general.--Subchapter I of chapter 11 of title 11, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1115. Property of the estate

       ``In a case concerning an individual, property of the 
     estate includes, in addition to the property specified in 
     section 541--
       ``(1) all property of the kind specified in section 541 
     that the debtor acquires after the commencement of the case 
     but before the case is closed, dismissed, or converted to a 
     case under chapter 7, 12, or 13, whichever occurs first; and
       ``(2) earnings from services performed by the debtor after 
     the commencement of the case but before the case is closed, 
     dismissed, or converted to a case under chapter 7, 12, or 13, 
     whichever occurs first.''.
       (2) Clerical amendment.--The table of sections for chapter 
     11 of title 11, United States Code, is amended by adding at 
     the end of the matter relating to subchapter I the following:

``1115. Property of the estate.''.

       (b) Contents of Plan.--Section 1123(a) of title 11, United 
     States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(8) in a case concerning an individual, provide for the 
     payment to creditors through the plan of all or such portion 
     of earnings from personal services performed by the debtor 
     after the commencement of the case or other future income of 
     the debtor as is necessary for the execution of the plan, 
     except that the provision of such payment under this 
     paragraph shall not be a required part of the plan.''.
       (c) Confirmation of Plan.--
       (1) Requirements relating to value of property.--Section 
     1129(a) of title 11, United States Code, is amended by adding 
     at the end the following:
       ``(14) In a case concerning an individual in which the 
     holder of an allowed unsecured claim objects to the 
     confirmation of the plan--
       ``(A) the value of the property to be distributed under the 
     plan on account of such claim is, as of the effective date of 
     the plan, not less than the amount of such claim; or
       ``(B) the value of the property to be distributed under the 
     plan is not less than the debtor's projected disposable 
     income (as that term is defined in section 1325(b)(2)) to be 
     received during the 3-year period beginning on the date that 
     the first payment is due under the plan, or during the term 
     of the plan, whichever is longer.''.
       (2) Requirement relating to interests in property.--Section 
     1129(b)(2)(B)(ii) of title 11, United States Code, is amended 
     by inserting before the period at the end the following: ``, 
     except that in a case concerning an individual, the debtor 
     may retain property included in the estate under section 
     1115, subject to the requirements of subsection (a)(14)''.
       (d) Effect of Confirmation--Section 1141(d) of title 11, 
     United States Code, is amended--
       (1) in paragraph (2), by striking ``The confirmation of a 
     plan does not discharge an individual debtor'' and inserting 
     ``A discharge under this chapter does not discharge a 
     debtor''; and
       (2) by adding at the end the following:
       ``(5) In a case concerning an individual--
       ``(A) except as otherwise ordered for cause shown, the 
     discharge is not effective until

[[Page S11158]]

     completion of all payments under the plan; and
       ``(B) at any time after the confirmation of the plan and 
     after notice and a hearing, the court may grant a discharge 
     to a debtor that has not completed payments under the plan 
     only if--
       ``(i) for each allowed unsecured claim, the value as of the 
     effective date of the plan, of property actually distributed 
     under the plan on account of that claim is not less than the 
     amount that would have been paid on such claim if the estate 
     of the debtor had been liquidated under chapter 7 of this 
     title on such date; and
       ``(ii) modification of the plan under 1127 of this title is 
     not practicable.''.
       (e) Modification of Plan.--Section 1127 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(e) In a case concerning an individual, the plan may be 
     modified at any time after confirmation of the plan but 
     before the completion of payments under the plan, whether or 
     not the plan has been substantially consummated, upon request 
     of the debtor, the trustee, the United States trustee, or the 
     holder of an allowed unsecured claim, to--
       ``(1) increase or reduce the amount of payments on claims 
     of a particular class provided for by the plan;
       ``(2) extend or reduce the time period for such payments; 
     or
       ``(3) alter the amount of the distribution to a creditor 
     whose claim is provided for by the plan to the extent 
     necessary to take account of any payment of such claim made 
     other than under the plan.''.

       On page 124, between lines 14 and 15, insert the following:

     SEC. 322. DEBTOR'S TRANSACTIONS WITH ATTORNEYS.

       Section 329 of title 11, United States Code, is amended--
       (1) in subsection (a), by striking ``Any attorney'' and 
     inserting ``Subject to subsection (c), any attorney''; and
       (2) by adding at the end the following:
       ``(c) Any attorney who represents a debtor in a case under 
     chapter 13 or in connection with such a case, shall be 
     compensated for the services described in subsection (a) on a 
     quarterly basis during such time as a plan under subchapter 
     II of that chapter is in effect.''.

       Beginning on page 135, strike line 19 and all that follows 
     through page 136, line 2, and insert the following:

     SEC. 406. 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 increase 
     the number of members of a committee to include a creditor 
     that is a small business concern (as described in section 
     3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1))). The 
     court shall increase the number of members of a committee to 
     include a creditor that is a small business concern (as 
     described in section 3(a)(1) of the Small Business Act (15 
     U.S.C. 632(a)(1))) upon the request of the small business 
     concern, if the court determines that the creditor holds 
     claims (of the kind represented by the committee) the 
     aggregate amount of which, in comparison to the annual gross 
     revenue of that creditor, is disproportionately large.''.
       (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--
       ``(A) provide access to information for creditors who--
       ``(i) hold claims of the kind represented by that 
     committee; and
       ``(ii) are not appointed to the committee;
       ``(B) solicit and receive comments from the creditors 
     described in subparagraph (A); and
       ``(C) be subject to a court order that compels any 
     additional report or disclosure to be made to the creditors 
     described in subparagraph (A).''.

       On page 145, between lines 15 and 16, insert the following:

     SEC. 420. MORE COMPLETE INFORMATION REGARDING ASSETS OF THE 
                   ESTATE.

       (a) In General.--
       (1) Disclosure.--The Advisory Committee on Bankruptcy Rules 
     of the Judicial Conference of the United States, after 
     consideration of the views of the Director of the Executive 
     Office for the United States Trustees, shall propose for 
     adoption amended Federal Rules of Bankruptcy Procedure and 
     Official Bankruptcy Forms directing debtors under chapter 11 
     of title 11, United States Code, to disclose the information 
     described in paragraph (2) by filing and serving periodic 
     financial and other reports designed to provide such 
     information.
       (2) Information.--The information referred to in paragraph 
     (1) is the value, operations, and profitability of any 
     closely held corporation, partnership, or of any other entity 
     in which the debtor holds a substantial or controlling 
     interest.
       (b) Purpose.--The purpose of the rules and reports under 
     subsection (a) shall be to assist parties in interest taking 
     steps to ensure that the debtor's interest in any entity 
     referred to in subsection (a)(2) is used for the payment of 
     allowed claims against debtor.

       On page 150, line 14, insert ``and other required 
     government filings'' after ``returns''.

       On page 150, line 19, insert ``and other required 
     government filings'' after ``returns''.

       On page 152, strike lines 19 through 21 and insert the 
     following:
       (a) Duties in Chapter 11 Cases.--Subchapter I of title 11, 
     United States Code, as amended by section 321 of this Act, is 
     amended by adding at the end the following:

       On page 153, line 1, strike ``1115'' and insert ``1116''.

       On page 153, line 7, strike ``3'' and insert ``7''.

       On page 154, line 9, strike the semicolon and insert ``and 
     other required government filings; and''.

       On page 154, strike lines 14 through 25.

       On page 155, strike line 7 and all that follows through the 
     matter between lines 9 and 10 and insert the following:
       (b) Clerical Amendment.--The table of sections for chapter 
     11 of title 11, United States Code, is amended by adding at 
     the end of the matter relating to subchapter I the following:

``1116. Duties of trustee or debtor in possession in small business 
              cases.

       On page 156, line 19, strike ``150'' and insert ``175''.

       On page 156, line 20, strike ``150-day'' and insert ``175-
     day''.

       On page 158, strike line 2 and insert ``the end and 
     inserting a semicolon; and''.

       On page 162, strike lines 14 through 20 and insert the 
     following:
       ``(A) a plan with a reasonable possibility of being 
     confirmed will be filed within a reasonable period of time; 
     and

       On page 162, line 21, strike ``reason is'' and insert 
     ``grounds include''.

       On page 162, line 22, strike ``that''.

       On page 162, line 23, insert ``for which'' before ``there 
     exists''.

       On page 163, line 1, strike ``(ii)(I)'' and insert 
     ``(ii)''.

       On page 163, line 1, strike ``that act or omission'' and 
     insert ``which''.

       On page 163, line 3, strike ``, but not'' and all that 
     follows through line 8 and insert a period.


[[Page S11159]]


       On page 163, line 22, insert after ``failure to maintain 
     appropriate insurance'' the following: ``that poses a risk to 
     the estate or to the public''.

       On page 164, line 3, insert ``repeated'' before 
     ``failure''.

       On page 165, line 2, strike ``and''.

       On page 165, line 3, insert ``confirmed'' before ``plan''.

       On page 165, line 4, strike the period and insert ``; 
     and''.

       On page 165, between lines 4 and 5, insert the following:
       ``(P) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.

       On page 165, line 23, insert ``or an examiner'' after 
     ``trustee''.

       On page 167, after line 21, insert the following:

     SEC. 435. TECHNICAL CORRECTION.

       Section 365(b)(2)(D) of title 11, United States Code, is 
     amended by striking ``penalty rate or provision'' and 
     inserting ``penalty rate or penalty provision''.

       On page 169, line 6, insert ``as amended by section 430 of 
     this Act,'' after ``Code,''.

       On page 183, line 20, strike all through line 13 on page 
     187.

       On page 232, line 7, strike all after ``by'' through line 8 
     and insert ``striking `7, 11, 12, or 13' and inserting `7, 
     11, 12, 13, or 15'.''.

       On page 266, line 13, insert ``and family fishermen'' after 
     ``farmers''.

       On page 268, insert between lines 16 and 17 the following:

     SEC. 1005. FAMILY FISHERMEN.

       (a) Definitions.--Section 101 of title 11, United States 
     Code, is amended--
       (1) by inserting after paragraph (7) the following:
       ``(7A) `commercial fishing operation' includes--
       ``(A) the catching or harvesting of fish, shrimp, lobsters, 
     urchins, seaweed, shellfish, or other aquatic species or 
     products; and
       ``(B) for purposes of section 109 and chapter 12, 
     aquaculture activities consisting of raising for market any 
     species or product described in subparagraph (A);'';
       ``(7B) `commercial fishing vessel' means a vessel used by a 
     fisherman to carry out a commercial fishing operation;'';
       (2) by inserting after paragraph (19) the following:
       ``(19A) `family fisherman' means--
       ``(A) an individual or individual and spouse engaged in a 
     commercial fishing operation (including aquaculture for 
     purposes of chapter 12)--
       ``(i) whose aggregate debts do not exceed $1,500,000 and 
     not less than 80 percent of whose aggregate noncontingent, 
     liquidated debts (excluding a debt for the principal 
     residence of such individual or such individual and spouse, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     individual or such individual and spouse; and
       ``(ii) who receive from such commercial fishing operation 
     more than 50 percent of such individual's or such 
     individual's and spouse's gross income for the taxable year 
     preceding the taxable year in which the case concerning such 
     individual or such individual and spouse was filed; or
       ``(B) a corporation or partnership--
       ``(i) in which more than 50 percent of the outstanding 
     stock or equity is held by--

       ``(I) 1 family that conducts the commercial fishing 
     operation; or
       ``(II) 1 family and the relatives of the members of such 
     family, and such family or such relatives conduct the 
     commercial fishing operation; and

       ``(ii)(I) more than 80 percent of the value of its assets 
     consists of assets related to the commercial fishing 
     operation;
       ``(II) its aggregate debts do not exceed $1,500,000 and not 
     less than 80 percent of its aggregate noncontingent, 
     liquidated debts (excluding a debt for 1 dwelling which is 
     owned by such corporation or partnership and which a 
     shareholder or partner maintains as a principal residence, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     corporation or such partnership; and
       ``(III) if such corporation issues stock, such stock is not 
     publicly traded;''; and
       (3) by inserting after paragraph (19A) the following:
       ``(19B) `family fisherman with regular annual income' means 
     a family fisherman whose annual income is sufficiently stable 
     and regular to enable such family fisherman to make payments 
     under a plan under chapter 12 of this title;''.
       (b) Who May Be a Debtor.--Section 109(f) of title 11, 
     United States Code, is amended by inserting ``or family 
     fisherman'' after ``family farmer''.
       (c)  Chapter 12.--Chapter 12 of title 11, United States 
     Code, is amended--
       (1) in the chapter heading, by inserting ``OR FISHERMAN'' 
     after ``FAMILY FARMER'';
       (2) in section 1201, by adding at the end the following:
       ``(e)(1) Notwithstanding any other provision of law, for 
     purposes of this subsection, a guarantor of a claim of a 
     creditor under this section shall be treated in the same 
     manner as a creditor with respect to the operation of a stay 
     under this section.
       ``(2) For purposes of a claim that arises from the 
     ownership or operation of a commercial fishing operation, a 
     co-maker of a loan made by a creditor under this section 
     shall be treated in the same manner as a creditor with 
     respect to the operation of a stay under this section.'';
       (3) in section 1203, by inserting ``or commercial fishing 
     operation'' after ``farm'';
       (4) in section 1206, by striking ``if the property is 
     farmland or farm equipment'' and inserting ``if the property 
     is farmland, farm equipment, or property of a commercial 
     fishing operation (including a commercial fishing vessel)''; 
     and
       (5) by adding at the end the following:

     ``Sec. 1232. Additional provisions relating to family 
       fishermen

       ``(a)(1) Notwithstanding any other provision of law, except 
     as provided in subsection (c), with respect to any commercial 
     fishing vessel of a family fisherman, the debts of that 
     family fisherman shall be treated in the manner prescribed in 
     paragraph (2).
       ``(2)(A) For purposes of this chapter, a claim for a lien 
     described in subsection (b) for a commercial fishing vessel 
     of a family fisherman that could, but for this subsection, be 
     subject to a lien under otherwise applicable maritime law, 
     shall be treated as an unsecured claim.
       ``(B) Subparagraph (A) applies to a claim for a lien 
     resulting from a debt of a family fisherman incurred on or 
     after the date of enactment of this chapter.
       ``(b) A lien described in this subsection is--
       ``(1) a maritime lien under subchapter III of chapter 313 
     of title 46 without regard to whether that lien is recorded 
     under section 31343 of title 46; or
       ``(2) a lien under applicable State law (or the law of a 
     political subdivision thereof).
       ``(c) Subsection (a) shall not apply to--
       ``(1) a claim made by a member of a crew or a seaman 
     including a claim made for--
       ``(A) wages, maintenance, or cure; or
       ``(B) personal injury; or
       ``(2) a preferred ship mortgage that has been perfected 
     under subchapter II of chapter 313 of title 46.
       ``(d) For purposes of this chapter, a mortgage described in 
     subsection (c)(2) shall be treated as a secured claim.''.
       (d) Clerical Amendments.--
       (1) Table of chapters.--In the table of chapters for title 
     11, United States Code, the item relating to chapter 12, is 
     amended to read as follows:

``12. Adjustments of Debts of a Family Farmer or Family Fisherman with 
    Regular Annual Income...................................1201''.....

       (2) Table of sections.--The table of sections for chapter 
     12 of title 11, United States Code, is amended by adding at 
     the end the following new item:

``1232. Additional provisions relating to family fishermen.''.

       On page 281, line 21, strike ``714'' and insert ``315''.

       On page 282, line 11, strike ``(a)(9)'' and insert 
     ``(a)(8)''.

       On page 282, line 13, strike ``and''.


[[Page S11160]]


       On page 282, between lines 13 and 14, insert the following:
       (3) in subsection (a)(15), as so transferred, by striking 
     ``paragraph (5)'' and inserting ``paragraph (4)''; and

       On page 282, line 14, strike ``(3)'' and insert ``(4)''.
       Beginning on page 292, strike line 10 and all that follows 
     through page 294, line 11.

       On page 294, insert between lines 11 and 12 the following:

     SEC. 1127. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.

       (a) Actions Under Chapter 7 or 13 of Title 11, United 
     States Code.--Section 1930(a) of title 28, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) For a case commenced--
       ``(A) under chapter 7 of title 11, $160; or
       ``(B) under chapter 13 of title 11, $150.''.
       (b) United States Trustee System Fund.--Section 589a(b) of 
     title 28, United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1)(A) 46.88 percent of the fees collected under section 
     1930(a)(1)(A) of this title in cases commenced under chapter 
     7 of title 11; and
       ``(B) 73.33 percent of the fees collected under section 
     1930(a)(1)(B) of this title in cases commenced under chapter 
     13 of title 11;'';
       (2) in paragraph (2) by striking ``one-half'' and inserting 
     ``three-fourths''; and
       (3) in paragraph (4) by striking ``one-half'' and inserting 
     ``100 percent''.
       (c) Collection and Deposit of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking ``pursuant 
     to 28 U.S.C. section 1930(b) and 30.76 per centum of the fees 
     hereafter collected under 28 U.S.C. section 1930(a)(1) and 25 
     percent of the fees hereafter collected under 28 U.S.C. 
     section 1930(a)(3) shall be deposited as offsetting receipts 
     to the fund established under 28 U.S.C. section 1931'' and 
     inserting ``under section 1930(b) of title 28, United States 
     Code, and 25 percent of the fees collected under section 
     1930(a)(1)(A) of that title, 26.67 percent of the fees 
     collected under section 1930(a)(1)(B) of that title, and 25 
     percent of the fees collected under section 1930(a)(3) of 
     that title shall be deposited as offsetting receipts to the 
     fund established under section 1931 of that title''.
                                 ______
                                 

               HATCH (AND TORRICELLI) AMENDMENT NO. 1729

  (Ordered to lie on the table.)
  Mr. HATCH (for himself and Mr. Torricelli) submitted an amendment 
intended to be proposed by them to the bill, S. 625, supra; as follows:

       On page 30, line 11, insert ``, including interest that 
     accrues on that debt as provided under applicable 
     nonbankruptcy law notwithstanding any other provision of this 
     title,'' after ``under this title''.
       On page 30, lines 14 and 15, strike ``or legal guardian; 
     or'' and insert ``, legal guardian, or responsible relative; 
     or''.
       On page 30, line 21, strike ``or legal guardian''.
       On page 31, line 10, strike ``or legal guardian'' and 
     insert ``, legal guardian, or responsible relative''.
       On page 32, line 9, strike all through line 3 on page 33 
     and insert the following:
       ``(1) First:
       ``(A) Allowed unsecured claims for domestic support 
     obligations that, as of the date of the filing of the 
     petition, are owed to or recoverable by a spouse, former 
     spouse, or child of the debtor, or the parent, legal 
     guardian, or responsible relative of such child, without 
     regard to whether the claim is filed by such person or is 
     filed by a governmental unit on behalf of that person, on the 
     condition that funds received under this paragraph by a 
     governmental unit under this title after the date of filing 
     of the petition shall be applied and distributed in 
     accordance with applicable nonbankruptcy law.
       ``(B) Subject to claims under subparagraph (A), allowed 
     unsecured claims for domestic support obligations that, as of 
     the date the petition was filed are assigned by a spouse, 
     former spouse, child of the debtor, or such child's parent, 
     legal guardian, or responsible relative to a governmental 
     unit (unless such obligation is assigned voluntarily by the 
     spouse, former spouse, child, parent, legal guardian, or 
     responsible relative of the child for the purpose of 
     collecting the debt) or are owed directly to or recoverable 
     by a government unit under applicable nonbankruptcy law, on 
     the condition that funds received under this paragraph by a 
     governmental unit under this title after the date of filing 
     of the petition be applied and distributed in accordance with 
     applicable nonbankruptcy law.''.
       On page 33, line 4, strike all through page 37, line 6 and 
     insert the following:

     SEC. 213. 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 first become 
     payable after the date on which the petition is filed.'';
       (2) in section 1208(c)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.'';
       (3) in section 1222(a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) notwithstanding any other provision of this section, 
     a plan may provide for less than full payment of all amounts 
     owed for a claim entitled to priority under section 507(a)(4) 
     only if the plan provides that all of the debtor's projected 
     disposable income for a 5-year period, beginning on the date 
     that the first payment is due under the plan, will be applied 
     to make payments under the plan.'';
       (4) in section 1222(b)--
       (A) by redesignating paragraph (10) as paragraph (11); and
       (B) by inserting after paragraph (9) the following:
       ``(10) provide for the payment of interest accruing after 
     the date of the filing of the petition on unsecured claims 
     that are nondischargeable under section 1328(a), except that 
     such interest may be paid only to the extent that the debtor 
     has disposable income available to pay such interest after 
     making provision for full payment of all allowed claims;'';
       (5) in section 1225(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 first become payable 
     after the date on which the petition is filed.'';
       (6) in section 1228(a), in the matter preceding paragraph 
     (1), by inserting ``, and in the case of a debtor who is 
     required by a judicial or administrative order to pay a 
     domestic support obligation, after such debtor 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 the petition was filed, but only to the extent 
     provided for in the plan) have been paid'' after ``completion 
     by the debtor of all payments under the plan'';
       (7) in section 1307(c)--
       (A) in paragraph (9), by striking ``or'' at the end;
       (B) in paragraph (10), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(11) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.'';
       (8) in section 1322(a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding in the end the following:
       ``(4) notwithstanding any other provision of this section, 
     a plan may provide for less than full payment of all amounts 
     owed for a claim entitled to priority under section 507(a)(2) 
     only if the plan provides that all of the debtor's projected 
     disposable income for a 5-year period beginning on the date 
     that the first payment is due under the plan will be applied 
     to make payments under the plan.'';
       (9) in section 1322(b)--
       (A) in paragraph (9), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating paragraph (10) as paragraph (11); and
       (C) inserting after paragraph (9) the following:
       ``(10) provide for the payment of interest accruing after 
     the date of the filing of the petition on unsecured claims 
     that are nondischargeable under section 1328(a), except that 
     such interest may be paid only to the extent that the debtor 
     has disposable income available to pay such interest after 
     making provision for full payment of all allowed claims; 
     and'';
       (10) 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 amounts payable after the 
     date on which the petition is filed.''; and
       (11) in section 1328(a), in the matter preceding paragraph 
     (1), by inserting ``, and in the case of a debtor who is 
     required by a judicial or administrative order to pay a 
     domestic support obligation, after such debtor certifies that 
     all amounts payable under

[[Page S11161]]

     such order or statute that are due on or before the date of 
     the certification (including amounts due before the petition 
     was filed, but only to the extent provided for in the plan) 
     have been paid'' after ``completion by the debtor of all 
     payments under the plan''.
       On page 37, strike lines 10 and 11 and insert ``amended by 
     striking paragraph (2) and inserting the''.
       On page 37, lines 14 and 15, strike ``of an action or 
     proceeding for--'' and insert ``or continuation of a civil 
     action or proceeding--''.
       On page 37, line 16, insert ``for'' after ``(i)''.
       On page 37, line 19, insert ``for'' after ``(ii)''.
       On page 37, line 21, strike ``or''.
       On page 37, between lines 21 and 22, insert the following:
       ``(iii) concerning child custody or visitation;
       ``(iv) for the dissolution of a marriage except to the 
     extent that such a proceeding seeks to determine the division 
     of property which is property of the estate; or
       ``(v) regarding domestic violence;
       On page 37, line 24, strike the quotation marks and second 
     semicolon.
       On page 37, after line 24, add the following:
       ``(C) with respect to the withholding of income that is 
     property of the estate or property of the debtor for payment 
     of a domestic support obligation pursuant to a judicial or 
     administrative order--
       ``(i) for amounts that first become payable after the date 
     the petition was filed; and
       ``(ii) for amounts that first became payable before the 
     petition was filed;
       ``(D) the withholding, suspension, or restriction of 
     drivers' licenses, professional and occupational licenses, 
     and recreational licenses under State law, as specified in 
     section 466(a)(16) of the Social Security Act (42 U.S.C. 
     666(a)(16));
       ``(E) the reporting of overdue support owed by a 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));
       ``(F) 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 under an analogous State law; or
       ``(G) the enforcement of medical obligations as specified 
     under title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.).'';
       On page 38, line 12, strike all though page 39, line 25.
       On page 40, between lines 13 and 14, insert the following:
       (i) by inserting ``to a spouse, former spouse, or child of 
     the debtor and'' before ``not of the kind'';
       On page 40, line 14, strike ``(i)'' and insert ``(ii)''.
       On page 40, line 16, strike ``(ii)'' and insert ``(iii)''.
       On page 40, insert between lines 18 and 19 the following:
       (C) by striking paragraph (18); and
       On page 43, strike lines 16 through 20 insert the 
     following:

     Section 1225(b)(2)(A) of title 11, United States Code, is 
     amended by inserting ``or for a domestic support obligation 
     that first becomes payable after the date on which the 
     petition is filed'' after ``dependent of the debtor''.
       On page 43, strike line 22 through page 44, line 2, and 
     insert the following:
     Section 1325(b)(2)(A) of title 11, United States Code, is 
     amended by inserting ``or for a domestic support obligation 
     that first becomes payable after the date on which the 
     petition is filed'' after ``dependent of the debtor''.
       On page 44, line 14, strike ``for support'' through line 
     16, and insert ``for a domestic support obligation,''.
       On page 45, line 23, strike ``and''.
       On page 45, between lines 23 and 24, insert the following:
       ``(III) the last recent known name and address of the 
     debtor's employer; and
       On page 45, line 24, strike ``(III)'' and insert ``(IV)''.
       On page 46, strike lines 6 through 11 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 46, line 19, strike ``(b)'' and insert ``(a)''.
       On page 46, line 20, strike ``(5)'' and insert ``(6)''.
       On page 46, line 22, strike ``(6)'' and insert ``(7)''.
       On page 47, strike lines 1 through 6 and insert the 
     following:
       ``(8) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (c).''; and
       On page 48, line 7, strike ``and''.
       On page 48, insert between lines 7 and 8 the following:

       ``(III) the last recent known name and address of the 
     debtor's employer; and''

       On page 48, line 8, strike ``(III)'' and insert ``(IV)''.
       On page 48, strike lines 15 through 20 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 49, strike lines 9 through 14 and insert the 
     following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (c).''; and
       On page 50, line 16, strike ``and''.
       On page 50, insert between lines 16 and 17 the following:

       ``(III) the last recent known name and address of the 
     debtor's employer; and''.

       On page 50, line 17, strike ``(III)'' and insert ``(IV)''.
       On page 50, line 24, strike all through line 4 on page 51 
     and insert the following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 51, strike lines 19 through 24 and insert the 
     following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (d).''; and
       On page 52, line 24, strike ``and''.
       On page 52, after line 24, add the following:
       ``(III) the last recent known name and address of the 
     debtor's employer; and''.
       On page 53, line 1, strike ``(III)'' and insert ``(IV)''.
       On page 53, strike lines 8 through 12 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 82, strike lines 4 through 9 and insert ``title 11, 
     United States Code, is amended by adding at the end the 
     following:''.
       On page 82, line 10, strike ``(19)'' and insert ``(18)''.
       On page 165, line 2, strike ``and''.
       On page 165, line 4, strike the period and insert ``; 
     and''.
       On page 165, between lines 4 and 5, insert the following:
       ``(P) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.
                                 ______
                                 

                GRASSLEY (AND OTHERS) AMENDMENT NO. 1730

  (Ordered to lie on the table.)
  Mr. GRASSLEY (for himself, Mr. Torricelli, and Mr. Leahy) submitted 
an amendment intended to be proposed to the bill, S. 625, supra; as 
follows:

       Redesignate titles XI and XII as titles XII and XIII, 
     respectively.
       After title X, insert the following:
              TITLE XI--HEALTH CARE AND EMPLOYEE BENEFITS

     SEC. 1101. DEFINITIONS.

       (a) Health Care Business Defined.--Section 101 of title 11, 
     United States Code, as amended by section 1003(a) of this 
     Act, is amended--
       (1) by redesignating paragraph (27A) as paragraph (27B); 
     and
       (2) inserting after paragraph (27) the following:
       ``(27A) `health care business'--
       ``(A) means any public or private entity (without regard to 
     whether that entity is organized for profit or not for 
     profit) that is primarily engaged in offering to the general 
     public facilities and services for--
       ``(i) the diagnosis or treatment of injury, deformity, or 
     disease; and
       ``(ii) surgical, drug treatment, psychiatric or obstetric 
     care; and
       ``(B) includes--
       ``(i) any--

       ``(I) general or specialized hospital;
       ``(II) ancillary ambulatory, emergency, or surgical 
     treatment facility;
       ``(III) hospice;
       ``(IV) home health agency; and
       ``(V) other health care institution that is similar to an 
     entity referred to in subclause (I), (II), (III), or (IV); 
     and

       ``(ii) any long-term care facility, including any--

       ``(I) skilled nursing facility;
       ``(II) intermediate care facility;
       ``(III) assisted living facility;
       ``(IV) home for the aged;
       ``(V) domicilary care facility; and
       ``(VI) health care institution that is related to a 
     facility referred to in subclause (I), (II), (III), (IV), or 
     (V), if that institution is primarily engaged in offering 
     room, board, laundry, or personal assistance with activities 
     of daily living and incidentals to activities of daily 
     living;''.

       (b) Patient Defined.--Section 101 of title 11, United 
     States Code, as amended by subsection (a) of this section, is 
     amended by inserting after paragraph (40) the following:
       ``(40A) `patient' means any person who obtains or receives 
     services from a health care business;''.
       (c) Patient Records Defined.--Section 101 of title 11, 
     United States Code, as amended by subsection (b) of this 
     section, is amended by inserting after paragraph (40A) the 
     following:
       ``(40B) `patient records' means any written document 
     relating to a patient or record recorded in a magnetic, 
     optical, or other form of electronic medium;''.
       (d) Rule of Construction.--The amendments made by 
     subsection (a) of this section shall not affect the 
     interpretation of section 109(b) of title 11, United States 
     Code.

     SEC. 1102. DISPOSAL OF PATIENT RECORDS.

       (a) In General.--Subchapter III of chapter 3 of title 11, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 351. Disposal of patient records

       ``If a health care business commences a case under chapter 
     7, 9, or 11, and the trustee does not have a sufficient 
     amount of funds to pay for the storage of patient records in 
     the manner required under applicable Federal or State law, 
     the following requirements shall apply:
       ``(1) The trustee shall--
       ``(A) publish notice, in 1 or more appropriate newspapers, 
     that if patient records are

[[Page S11162]]

     not claimed by the patient or an insurance provider (if 
     applicable law permits the insurance provider to make that 
     claim) by the date that is 90 days after the date of that 
     notification, the trustee will destroy the patient records; 
     and
       ``(B) during the 90-day period described in subparagraph 
     (A), attempt to notify directly each patient that is the 
     subject of the patient records concerning the patient records 
     by mailing to the last known address of that patient an 
     appropriate notice regarding the claiming or disposing of 
     patient records.
       ``(2) If after providing the notification under paragraph 
     (1), patient records are not claimed during the 90-day period 
     described under that paragraph, the trustee shall mail, by 
     certified mail, at the end of such 90-day period a written 
     request to each appropriate Federal or State agency to 
     request permission from that agency to deposit the patient 
     records with that agency.
       ``(3) If, after providing the notification under paragraph 
     (1), patient records are not claimed during the 90-day period 
     described in paragraph (1)(A) or in any case in which a 
     notice is mailed under paragraph (1)(B), during the 90-day 
     period beginning on the date on which the notice is mailed, 
     by a patient or insurance provider in accordance with that 
     paragraph, the trustee shall destroy those records by--
       ``(A) if the records are written, shredding or burning the 
     records; or
       ``(B) if the records are magnetic, optical, or other 
     electronic records, by otherwise destroying those records so 
     that those records cannot be retrieved.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 3 
     of title 11, United States Code, is amended by inserting 
     after the item relating to section 350 the following:

``351. Disposal of patient records.''.

     SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR COSTS OF CLOSING 
                   A HEALTH CARE BUSINESS.

       Section 503(b) 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 at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) the actual, necessary costs and expenses of closing a 
     health care business incurred by a trustee or by a Federal 
     agency (as that term is defined in section 551(1) of title 5) 
     or a department or agency of a State or political subdivision 
     thereof, including any cost or expense incurred--
       ``(A) in disposing of patient records in accordance with 
     section 351; or
       ``(B) in connection with transferring patients from the 
     health care business that is in the process of being closed 
     to another health care business.''.

     SEC. 1104. APPOINTMENT OF OMBUDSMAN TO ACT AS PATIENT 
                   ADVOCATE.

       (a) In General.--
       (1) Appointment of ombudsman.--Subchapter II of chapter 3 
     of title 11, United States Code, is amended by inserting 
     after section 331 the following:

     ``Sec. 332. Appointment of ombudsman

       ``(a) Not later than 30 days after a case is commenced by a 
     health care business under chapter 7, 9, or 11, the court 
     shall appoint an ombudsman with appropriate expertise in 
     monitoring the quality of patient care to represent the 
     interests of the patients of the health care business. The 
     court may appoint as an ombudsman a person who is serving as 
     a State Long-Term Care Ombudsman appointed under title III or 
     VII of the Older Americans Act of 1965 (42 U.S.C. 3021 et 
     seq. and 3058 et seq.).
       ``(b) An ombudsman appointed under subsection (a) shall--
       ``(1) monitor the quality of patient care, to the extent 
     necessary under the circumstances, including reviewing 
     records and interviewing patients and physicians;
       ``(2) not later than 60 days after the date of appointment, 
     and not less frequently than every 60 days thereafter, report 
     to the court, at a hearing or in writing, regarding the 
     quality of patient care at the health care business involved; 
     and
       ``(3) if the ombudsman determines that the quality of 
     patient care is declining significantly or is otherwise being 
     materially compromised, notify the court by motion or written 
     report, with notice to appropriate parties in interest, 
     immediately upon making that determination.
       ``(c) An ombudsman shall maintain any information obtained 
     by the ombudsman under this section that relates to patients 
     (including information relating to patient records) as 
     confidential information.''.
       (2) Clerical amendment.--The chapter analysis for chapter 3 
     of title 11, United States Code, is amended by inserting 
     after the item relating to section 331 the following:

``332. Appointment of ombudsman.''.
       (b) Compensation of Ombudsman.--Section 330(a)(1) of title 
     11, United States Code, is amended--
       (1) in the matter proceeding subparagraph (A), by inserting 
     ``an ombudsman appointed under section 331, or'' before ``a 
     professional person''; and
       (2) in subparagraph (A), by inserting ``ombudsman,'' before 
     ``professional person''.

     SEC. 1105. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER 
                   PATIENTS.

       (a) In General.--Section 704(a) of title 11, United States 
     Code, as amended by section 219 of this Act, is amended--
       (1) in paragraph (9), by striking ``and'' at the end;
       (2) in paragraph (10), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(11) use all reasonable and best efforts to transfer 
     patients from a health care business that is in the process 
     of being closed to an appropriate health care business that--
       ``(A) is in the vicinity of the health care business that 
     is closing;
       ``(B) provides the patient with services that are 
     substantially similar to those provided by the health care 
     business that is in the process of being closed; and
       ``(C) maintains a reasonable quality of care.''.
       (b) Conforming Amendment.--Section 1106(a)(1) of title 11, 
     United States Code, is amended by striking ``704(2), 704(5), 
     704(7), 704(8), and 704(9)'' and inserting ``704(a) (2), (5), 
     (7), (8), (9), and (11)''.

     SEC. 1106. ESTABLISHMENT OF POLICY AND PROTOCOLS RELATING TO 
                   BANKRUPTCIES OF HEALTH CARE BUSINESSES.

       Not later than 30 days after the date of enactment of this 
     Act, the Attorney General of the United States, in 
     consultation with the Secretary of Health and Human Services, 
     shall establish a policy and protocols for coordinating a 
     response to bankruptcies of health care businesses (as that 
     term is defined in section 101 of title 11, United States 
     Code).

     SEC. 1107. EXCLUSION FROM PROGRAM PARTICIPATION NOT SUBJECT 
                   TO AUTOMATIC STAY.

       Section 362(b) of title 11, United States Code, as amended 
     by section 901(d) of this Act, is amended--
       (1) in paragraph (27), by striking ``or'' at the end;
       (2) in paragraph (28), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after paragraph (28) the following:
       ``(29) under subsection (a), of the exclusion by the 
     Secretary of Health and Human Services of the debtor from 
     participation in the medicare program or any other Federal 
     health care program (as defined in section 1128B(f) of the 
     Social Security Act (42 U.S.C. 1320a-7b(f)) pursuant to title 
     XI of such Act (42 U.S.C. 1301 et seq.) or title XVIII of 
     such Act (42 U.S.C. 1395 et seq.).''.
                                 ______
                                 

                GRASSLEY (AND OTHERS) AMENDMENT NO. 1731

  (Ordered to lie on the table.)
  Mr. GRASSLEY (for himself, Mr. Torricelli, Mr. Specter, Mr. Feingold, 
and Mr. Biden) submitted an amendment intended to be proposed by them 
to the bill, S. 625, supra; as follows:

       On page 145, between lines 15 and 16, insert the following:

     SEC. 420. 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 parties'' and inserting 
     ``Subject to subsection (f), the parties''; and
       (2) by adding at the end the following:
       ``(f)(1) The Judicial Conference of the United States shall 
     prescribe procedures for waiving fees under this subsection.
       ``(2) Under the procedures described in paragraph (1), the 
     district court or the bankruptcy court may waive a filing fee 
     described in paragraph (3) for a case commenced under chapter 
     7 of title 11 if the court determines that an individual 
     debtor whose income is less than 125 percent of the income 
     official poverty line (as defined by the Office of Management 
     and Budget, and revised annually in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981) 
     applicable to a family of the size involved is unable to pay 
     that fee in installments.
       ``(3) A filing fee referred to in paragraph (2) is--
       ``(A) a filing fee under subsection (a)(1); or
       ``(B) any other fee prescribed by the Judicial Conference 
     of the United States under subsection (b) that is payable to 
     the clerk of the district court or the clerk of the 
     bankruptcy court upon the commencement of a case under 
     chapter 7 of title 11.
       ``(4) In addition to waiving a fee under paragraph (2), the 
     district court or the bankruptcy court may waive any other 
     fee prescribed under subsection (b) or (c) if the court 
     determines that the individual with an income at a level 
     described in paragraph (2) is unable to pay that fee in 
     installments.''.

 Mr. GRASSLEY. Mr. President, I'm submitting several amendments 
at this time in order to comply with the unanimous-consent agreement 
requiring the filing of amendments. The amendments I'm filing now are 
indications of what I intend to offer when the Senate is cleared to 
consider the bankruptcy bill later this year. As such, each amendment 
is a work in progress. I would therefore caution my colleagues not to 
view these amendments as cast in stone. In particular, Senator 
Torricelli and I are negotiating with the chairman of the Banking 
Committee on the details of the credit card disclosure 
amendment.

[[Page S11163]]

                                 ______
                                 

              GRASSLEY (AND TORRICELLI) AMENDMENT NO. 1732

  (Ordered to lie on the table.)
  Mr. GRASSLEY (for himself and Mr. Torricelli) submitted an amendment 
intended to be proposed by them to the bill, S. 625, supra; as follows:

       On page 6, line 12, insert ``11 or'' after ``chapter''.
       On page 6, line 24, insert ``11 or'' after ``chapter''.
       On page 12, lines 21 and 22, strike ``was not substantially 
     justified'' and insert ``was frivolous''.
       On page 14, strike lines 8 through 14 and insert the 
     following:
       ``(C)(i) No judge, United States trustee, panel trustee, 
     bankruptcy administrator, or other party in interest shall 
     bring a motion under section 707(b)(2) 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 national or applicable State median household 
     monthly income calculated (subject to clause (ii)) on a 
     semiannual basis of a household of equal size.
       ``(ii) For a household of more than 4 individuals, the 
     median income shall be that of a household of 4 individuals, 
     plus $583 for each additional member of that household.''.
       On page 14, in the matter between lines 18 and 19, insert 
     ``11 or'' after ``chapter''.
       On page 14, after the matter between lines 18 and 19, 
     insert the following:

     SEC. 103. FINDINGS AND STUDY.

       (a) Findings.--Congress finds that the Secretary of the 
     Treasury has the inherent authority to alter the Internal 
     Revenue Service standards established to set guidelines for 
     repayment plans as needed to accommodate their use under 
     section 707(b) of title 11, United States Code.
       (b) Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Director of the Executive Office of 
     United States Trustees, shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives containing the 
     findings of the Secretary concerning the utilization of 
     Internal Revenue Service standards for determining--
       (A) the current monthly expenses of a debtor under section 
     707(b) of title 11, United States Code; and
       (B) the impact that the application of those standards has 
     had on debtors and on the bankruptcy courts.
       (2) Recommendation.--The report under paragraph (1) may 
     include recommendations for amendments to title 11, United 
     States Code, that are consistent with the findings of the 
     Secretary of the Treasury under paragraph (1).
       On page 14, line 19, strike ``103'' and insert ``104''.
       On page 15, line 12, strike ``104'' and insert ``105''.
       On page 17, line 19, strike ``105'' and insert ``106''.
       On page 40, line 4, insert ``as amended by section 1110(1) 
     of this Act,'' after ``Code,''.
       On page 40, line 20, strike ``(6)'' and insert ``(5)''.
       On page 41, line 4, strike ``(5)'' and insert ``(4)''.
       On page 41, line 7, strike ``(5)'' and insert ``(4)''.
       On page 41, line 12, strike ``(5)'' and insert ``(4)''.
       On page 46, line 2, strike ``(2), (4), or (14A)'' and 
     insert ``(2), (3), or (14)''.
       On page 46, line 19, strike (b)'' and insert ``(a)''.
       On page 47, line 8, strike ``(b)(7)'' and insert 
     ``(a)(7)''.
       On page 48, line 11, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.
       On page 50, line 20, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.
       On page 53, line 4, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.
       On page 76, line 15, strike ``523(a)(9)'' and insert 
     ``523(a)(8)''.
       On page 91, between lines 18 and 19, insert the following:
       (c) Modification of a Restriction Relating to Waivers.--
     Section 522(e) of title 11, United States Code, is amended--
       (1) in the first sentence, by striking ``subsection (b) of 
     this section'' and inserting ``subsection (b), other than 
     under paragraph (3)(C) of that subsection''; and
       (2) in the second sentence--
       (A) by inserting ``(other than property described in 
     subsection (b)(3)(C))'' after ``property'' each place it 
     appears; and
       (B) by inserting ``(other than a transfer of property 
     described in subsection (b)(3)(C))'' after ``transfer'' each 
     place it appears.
       On page 91, line 23, strike ``105(d)'' and insert 
     ``106(d)''.
       On page 92, strike line 17 and insert the following:
       (2) in section 521, as amended by section 106 of this Act, 
     by adding at the end the following:
       On page 92, line 18, strike ``(b)'' and insert ``(c)''.
       On page 93, line 3, strike ``(2)'' and insert ``(3)''.
       On page 94, line 25, strike ``105(d)'' and insert 
     ``106(d)''.
       On page 95, line 16, strike ``(c)'' and insert ``(d)''.
       On page 109, line 13, strike ``by adding at the end'' and 
     insert ``by inserting after subsection (e)''.
       On page 111, strike lines 16 and 17 and insert the 
     following:

     SEC. 314. DISCHARGE PETITIONS.

       On page 111, line 18, insert ``(a) Debt Incurred To Pay 
     Nondischargeable Debts.--'' before ``Section''.
       On page 112, line 14, insert a dash after the period.
       On page 112, line 19, strike ``(4)'' and insert ``(3)''.
       On page 112, line 20, strike ``(3)(B), (5), (8), or (9) of 
     section 523(a)'' and insert ``(4), (7), or (8) of section 
     523(a)''.
       On page 113, strike line 6 and all that follows through 
     page 114, line 19 and insert the following:
       (a) Notice.--
       (1) In general.--Section 342 of title 11, United States 
     Code, as amended by section 103 of this Act, is amended--
       (A) by striking subsection (c);
       (B) by redesignating subsections (a) and (b) as subsections 
     (b) and (c), respectively;
       (C) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) In this section:
       ``(1)(A) The term `debtor identifying information' means--
       ``(i) the debtor's name, address, and Federal taxpayer 
     identification number; and
       ``(ii) if the information is being provided to a 
     governmental entity, the identity of the specific department, 
     agency, or instrumentality of the governmental unit on 
     account of which the entity is being given notice.
       ``(B) In any notice a debtor provides under this title or 
     the Federal Rules of Bankruptcy Procedure, the debtor's 
     current account number, or other identifying number, that has 
     been provided to the debtor or used in prior communications 
     between the debtor and an entity shall be used when notice is 
     given to such an entity.
       ``(2) The term `notice' includes any correspondence to the 
     entity after the commencement of the case and any notice 
     required to be given the entity under this title or the 
     Federal Rules of Bankruptcy Procedure.
       ``(3) The term `effective notice' with respect to an entity 
     means that notice has been served on the entity--
       ``(A) at the address specified under subsection (e); or
       ``(B) if no address is specified under subsection (e), at 
     an address otherwise designated by this title, the Federal 
     Rules of Bankruptcy Procedure, or applicable nonbankruptcy 
     law for service of process to initiate a civil proceeding 
     against the party to be notified or by court order for 
     service on such entity in the case''; and
       (D) by adding after subsection (c), as redesignated, the 
     following:
       ``(d)(1) If notice is required to be given by the debtor or 
     by the court or on the debtor's behalf to an entity under 
     this title, any rule promulgated under this title, any 
     applicable law, or any order of the court, such notice shall 
     contain debtor identifying information in addition to any 
     other required information. Such identifying information may 
     be provided in the notice or in a separate document provided 
     with or attached to the notice.
       ``(2) A petition under this title shall contain the 
     debtor's name, address and Federal taxpayer identification 
     number.
       ``(e)(1) At any time, an entity may file with the court a 
     designation of the address or addresses at which the entity 
     is to receive notice in cases under this title. The clerk 
     shall maintain and make available to any entity making a 
     request, a register in which shall be listed, alphabetically 
     by name, the name and address or addresses for those entities 
     which have provided the designation described in this 
     paragraph. The register shall be maintained and made 
     available in the form and manner as the Director of the 
     Administrative Office for the United States Courts 
     prescribes. The clerk shall update such register no less 
     frequently than once each calendar month with the information 
     contained in any designation so filed.
       ``(2) Subject to paragraph (3), the addresses specified in 
     the register shall be the address to which all notices to the 
     entity shall be sent, effective 5 business days after the 
     date on which the information is first listed in the 
     register.
       ``(3) In a particular case, an entity may file with the 
     court and serve on the debtor and on other parties in the 
     case notice of a different address to be used for service in 
     that particular case. Effective 5 business days after service 
     of such notice, any further notices that are required to be 
     given to that entity in that case shall be given at that 
     address.
       ``(f)(1)(A) Subject to the other paragraphs of this 
     subsection and subparagraph (B), if effective notice of an 
     action, proceeding or time within which an entity is required 
     or permitted under this title or the Federal Rules of 
     Bankruptcy Procedures to act or to refrain from taking action 
     is not given to an entity--
       ``(i) any action, proceeding or time of which the entity 
     was not given effective notice shall not be effective with 
     respect to that entity; and
       ``(ii) any creditor which has not received effective notice 
     shall receive the equivalent of the treatment which similar 
     entities similarly situated received in the proceeding.
       ``(B) Nothing in this section shall affect the immediate 
     applicability of the automatic stay under section 362(a).
       ``(2) Subject to paragraph (4), if effective notice of the 
     commencement of the case was

[[Page S11164]]

     not given to a creditor at the times required by this title 
     and the Federal Rules of Bankruptcy Procedures (determined 
     without regard to paragraph (3)) the creditor's debt shall be 
     subject to discharge only if--
       ``(A) the court, after notice and a hearing, finds that 
     effective notice of the commencement of the case was given 
     the creditor in time to permit the creditor's effective 
     participation in the case, except that the court may not so 
     find if effective notice is given after--
       ``(i) if the debt is of a kind specified in paragraph (2), 
     (3), or (5) of section 523(a) of this title, 30 days before 
     the last date to file a proceeding to determine the 
     dischargeability of a debt; or
       ``(ii) if the debt is not of a kind specified in paragraph 
     (2), (3), or (5) of section 523(a) of this title, 30 days 
     before the last date for the creditor to file a proof of 
     claim in the case; or
       ``(B) the creditor elects to file, within the time provided 
     in paragraph (3), a proof of claim, or a proceeding to 
     determine the dischargeability of the debt, and such filings 
     shall be deemed to be timely under this title and the Federal 
     Rules of Bankruptcy Procedure.
       ``(3)(A) If a time is specified by or within which an 
     entity is required or permitted under this title or the 
     Federal Rules of Bankruptcy Procedure to act or to refrain 
     from taking action, such time shall begin to run against that 
     entity only--
       ``(i) except as provided in paragraph (ii), when effective 
     notice is given the entity; or
       ``(ii) if notice is effective only because the party 
     claiming that effective notice was given establishes that 
     there was actual knowledge upon the later of--
       ``(I) the date of actual knowledge; or
       ``(II) the date on which such notice should otherwise have 
     been provided.
       ``(B) If no time is specified by or within which an entity 
     is required or permitted to act under this title or the 
     Federal Rules of Bankruptcy Procedure--
       ``(i) the entity shall have a minimum of 30 days, or such 
     longer time as the court allowed to other entities, to take 
     such required or permitted action after effective notice is 
     given; and
       ``(ii) in a particular case, a court may, for good cause 
     shown and after notice and a hearing, adjust any requirements 
     of clause (i) which are not practicable in the circumstances, 
     except that an entity may not be required to act before a 
     reasonable time after effective notice is given the entity so 
     as to allow the entity to take the required or permitted 
     action.
       ``(4)(A) In a case filed under chapter 7 by an individual, 
     a creditor's debt that is not subject to discharge under 
     paragraphs (1) through (3), shall be subject to discharge, 
     if--
       ``(i) the trustee has determined that no assets are or will 
     be available to pay a dividend to creditors in the case with 
     the same priority as the creditor; and
       ``(ii) the court has granted a debtor's request to permit 
     amending the schedules to list the creditor or otherwise to 
     subject the creditor's debt to discharge (including by 
     reopening the debtor's case if necessary).
       ``(B)(i) Before granting a request under subparagraph (A) 
     by the debtor, the court shall require the debtor to give the 
     creditor effective notice of the case and provide the 
     creditor with a minimum of 30 days to object to such request. 
     The court shall grant such request unless the creditor files 
     a timely objection.
       ``(ii) If the creditor files a timely objection the court 
     shall not grant the request unless the court finds, after 
     notice and a hearing, that--
       ``(I) the debtor has established that the failure to list 
     the creditor was based upon excusable neglect, and
       ``(II) the creditor will not be prejudiced by being 
     included in the case at the present time.
       ``(C) Any creditor listed by the debtor under this 
     paragraph may file a proof of claim, a proceeding to 
     determine the dischargeability of the debt, and any other 
     action allowed or permitted by this title and the Federal 
     Rules of Bankruptcy Procedure within the time limits provided 
     in paragraph (3). Such filings shall be deemed to be timely 
     under this title and the Federal Rules of Bankruptcy 
     Procedure.
       ``(5) If there is an omission by the debtor of information 
     required by this title or the Federal Rules of Bankruptcy 
     Procedure to be included on the debtor's schedules, the 
     omission shall be treated as a failure to provide effective 
     notice under this subsection of the commencement of the case 
     if the omitted information is material to the matter with 
     respect to which notice is required.
       ``(g)(1) No sanction, including an award of attorneys fees 
     or costs, 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 sections 524(a), 542, or 543 of this title may be 
     imposed on account of any action of an entity unless the 
     action takes place after the entity has received effective 
     notice of the commencement of the case, or with respect to 
     section 524(a), the discharge of a debt owed the entity.
       ``(2) Nothing in this subsection shall be deemed to require 
     a court to impose sanctions on an entity in circumstances 
     other than those described in this paragraph.''.
       (2) Adoption of rules providing notice.--
       (A) Sense of congress.--It is the sense of Congress that 
     the Judicial Conference of the United States shall promptly 
     consult with appropriate parties, including representatives 
     of Federal, State, and local government, with respect to the 
     need for additional rules for providing adequate notice to 
     State, Federal, and local government units that have 
     regulatory authority over the debtor, and propose such rules 
     within a reasonable period of time. Such rules shall be 
     consistent with section 342 of title 11, United States Code, 
     as amended by this section, and shall be designed 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.
       (B) Rules.--At a minimum, to the extent that it is 
     determined that notice should be given to a particular 
     regulatory entity, the rules shall require that the debtor, 
     in addition to any other information required by section 342 
     of title 11, United States Code, shall--
       (i) identify in the schedules and the notice, the 
     department, agency, subdivision, instrumentality or entity in 
     respect of which such notice should be received;
       (ii) provide sufficient information in the list or schedule 
     (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
       (iii) identify, in appropriate schedules, which shall be 
     required to be served on the governmental unit together with 
     the notice, the property, if any, in respect of which any 
     claim or regulatory obligation may have arisen, and the 
     nature of the claim or regulatory obligation for which notice 
     is being given.
       (3) Technical and conforming amendments.--
       (A) Exceptions to discharge.--Section 523 of title 11, 
     United States Code, as amended by sections 215, 223(b), 
     224(c), 301, 310, 314, 414, and 1110 of this Act, is further 
     amended--
       (i) in subsection (a)--

       (I) by striking paragraph (3); and
       (II) redesignating paragraphs (4) through (14A) as 
     paragraphs (3) through (14), respectively;

       (ii) in subsection (b), by striking ``(a)(3), or (a)(8) of 
     this section,'' and inserting ``or (a)(7) of this section, 
     section 342 of this title'';
       (iii) in subsection (c)(1), by striking ``Except as 
     provided in subsection (a)(3)(B) of this section,'' and 
     inserting ``Except as provided in section 342(f),''; and
       (iv) in subsection (c)(2)--

       (I) by striking ``(a)(4), (a)(6), or (a)(11)'' and 
     inserting ``(a)(3), (a)(5), or (a)(10)''; and
       (II) by striking ``subsection (a)(3)(B) of this section'' 
     and inserting ``section 342(f)''.

       (B) Conforming amendments.--
       (i) Allowance of claims or interests.--Section 502(b)(5) of 
     title 11, United States Code, is amended by striking 
     ``section 523(a)(5)'' and inserting ``section 523(a)(4)''.
       (ii) Exemptions.--Section 522(c)(3) of title 11, United 
     States Code, is amended by striking ``section 523(a)(4) or 
     523(a)(6)'' and inserting ``section 523(a) (3) or (5)''.
       (C) Distribution of property of the estate.--Section 726 of 
     title 11, United States Code, is amended--
       (i) in subsection (a)(2)(A), by adding ``or'' after the 
     semicolon;
       (ii) in subsection (a)(2)(B), by striking ``or'' after the 
     semicolon;
       (iii) by striking subsection (a)(2)(C); and
       (iv) in subsection (a)(3), by striking all beginning with 
     ``, other'' through ``subsection''.
       On page 116, line 16, strike ``(d)(1)'' and insert 
     ``(e)(1)''.
       On page 117, line 5, strike ``(e)'' and insert ``(f)''.
       On page 118, line 1, strike ``(A) beginning'' and insert 
     the following:
       ``(A) beginning''.
       On page 118, line 5, strike ``(B) thereafter,'' and insert 
     the following:
       ``(B) thereafter,''.
       On page 118, line 8, strike ``(f)(1)'' and insert 
     ``(g)(1)''.
       On page 118, strike line 23 and insert the following: 
     ``subsection (h)''.
       On page 118, line 24, strike ``(g)(1)'' and insert 
     ``(h)(1)''.
       On page 119, line 21, strike ``(h)'' and insert ``(i)''.
       On page 120, line 11, strike ``(i)'' and insert ``(j)''.
       On page 124, strike lines 7 through 14 and insert the 
     following:

     SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS.

       (a) Property of the Estate.--
       (1) In general.--Subchapter I of chapter 11 of title 11, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1115. Property of the estate

       ``In a case concerning an individual, property of the 
     estate includes, in addition to the property specified in 
     section 541--
       ``(1) all property of the kind specified in section 541 
     that the debtor acquires after the commencement of the case 
     but before the case is closed, dismissed, or converted to a 
     case under chapter 7, 12, or 13, whichever occurs first; and
       ``(2) earnings from services performed by the debtor after 
     the commencement of the

[[Page S11165]]

     case but before the case is closed, dismissed, or converted 
     to a case under chapter 7, 12, or 13, whichever occurs 
     first.''.
       (2) Clerical amendment.--The table of sections for chapter 
     11 of title 11, United States Code, is amended by adding at 
     the end of the matter relating to subchapter I the following:

``1115. Property of the estate.''.
       (b) Contents of Plan.--Section 1123(a) of title 11, United 
     States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(8) in a case concerning an individual, provide for the 
     payment to creditors through the plan of all or such portion 
     of earnings from personal services performed by the debtor 
     after the commencement of the case or other future income of 
     the debtor as is necessary for the execution of the plan.''.
       (c) Confirmation of Plan.--
       (1) Requirements relating to value of property.--Section 
     1129(a) of title 11, United States Code, is amended by adding 
     at the end the following:
       ``(14) In a case concerning an individual in which the 
     holder of an allowed unsecured claim objects to the 
     confirmation of the plan--
       ``(A) the value of the property to be distributed under the 
     plan on account of such claim is, as of the effective date of 
     the plan, not less than the amount of such claim; or
       ``(B) the value of the property to be distributed under the 
     plan is not less than the debtor's projected disposable 
     income (as that term is defined in section 1325(b)(2)) to be 
     received during the 3-year period beginning on the date that 
     the first payment is due under the plan, or during the term 
     of the plan, whichever is longer.''.
       (2) Requirement relating to interests in property.--Section 
     1129(b)(2)(B)(ii) of title 11, United States Code, is amended 
     by inserting before the period at the end the following: ``, 
     except that in a case concerning an individual, the debtor 
     may retain property included in the estate under section 
     1115, subject to the requirements of subsection (a)(14)''.
       (d) Effect of Confirmation--Section 1141(d) of title 11, 
     United States Code, is amended--
       (1) in paragraph (2), by striking ``The confirmation of a 
     plan does not discharge an individual debtor'' and inserting 
     ``A discharge under this chapter does not discharge a 
     debtor''; and
       (2) by adding at the end the following:
       ``(5) In a case concerning an individual--
       ``(A) except as otherwise ordered for cause shown, the 
     discharge is not effective until completion of all payment 
     under the plan; and
       ``(B) at any time after the confirmation of the plan and 
     after notice and a hearing, the court may grant a discharge 
     to a debtor that has not completed payments under the plan 
     only if--
       ``(i) for each allowed unsecured claim, the value as of the 
     effective date of the plan, of property actually distributed 
     under the plan on account of that claim is not less than the 
     amount that would have been paid on such claim if the estate 
     of the debtor had been liquidated under chapter 7 of this 
     title on such date; and
       ``(ii) modification of the plan under 1127 of this title is 
     not practicable.''.
       (e) Modification of Plan.--Section 1127 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(e) In a case concerning an individual, the plan may be 
     modified at any time after confirmation of the plan but 
     before the completion of payments under the plan, whether or 
     not the plan has been substantially consummated, upon request 
     of the debtor, the trustee, the United States trustee, or the 
     holder of an allowed unsecured claim, to--
       ``(1) increase or reduce the amount of payments on claims 
     of a particular class provided for by the plan;
       ``(2) extend or reduce the time period for such payments; 
     or
       ``(3) alter the amount of the distribution to a creditor 
     whose claim is provided for by the plan to the extent 
     necessary to take account of any payment of such claim made 
     other than under the plan.''.
       Beginning on page 135, strike line 19 and all that follows 
     through page 136, line 2, and insert the following:

     SEC. 406. 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 increase 
     the number of members of a committee to include a creditor 
     that is a small business concern (as described in section 
     3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1))), if 
     the court determines that the creditor holds claims (of the 
     kind represented by the committee) the aggregate amount of 
     which, in comparison to the annual gross revenue of that 
     creditor, is disproportionately large.''.
       (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--
       ``(A) provide access to information for creditors who--
       ``(i) hold claims of the kind represented by that 
     committee; and
       ``(ii) are not appointed to the committee;
       ``(B) solicit and receive comments from the creditors 
     described in subparagraph (A); and
       ``(C) be subject to a court order that compels any 
     additional report or disclosure to be made to the creditors 
     described in subparagraph (A).''.
       On page 145, between lines 15 and 16, insert the following:

     SEC. 420. MORE COMPLETE INFORMATION REGARDING ASSETS OF THE 
                   ESTATE.

       (a) In General.--
       (1) Disclosure.--The Advisory Committee on Bankruptcy Rules 
     of the Judicial Conference of the United States, after 
     consideration of the views of the Director of the Executive 
     Office for the United States Trustees, shall propose for 
     adoption amended Federal Rules of Bankruptcy Procedure and 
     Official Bankruptcy Forms directing debtors under chapter 11 
     of title 11, United States Code, to disclose the information 
     described in paragraph (2) by filing and serving periodic 
     financial and other reports designed to provide such 
     information.
       (2) Information.--The information referred to in paragraph 
     (1) is the value, operations, and profitability of any 
     closely held corporation, partnership, or of any other entity 
     in which the debtor holds a substantial or controlling 
     interest.
       (b) Purpose.--The purpose of the rules and reports under 
     subsection (a) shall be to assist parties in interest taking 
     steps to ensure that the debtor's interest in any entity 
     referred to in subsection (a)(2) is used for the payment of 
     allowed claims against debtor.
       On page 150, line 14, insert ``and other required 
     government filings'' after ``returns''.
       On page 150, line 19, insert ``and other required 
     government filings'' after ``returns''.
       On page 152, strike lines 19 through 21 and insert the 
     following:
       (a) Duties in Chapter 11 Cases.--Subchapter I of title 11, 
     United States Code, as amended by section 321 of this Act, is 
     amended by adding at the end the following:
       On page 153, line 1, strike ``1115'' and insert ``1116''.
       On page 153, line 7, strike ``3'' and insert ``7''.
       On page 154, line 9, strike the semicolon and insert ``and 
     other required government filings; and''.
       On page 154, strike lines 14 through 25.
       On page 155, strike line 7 and all that follows through the 
     matter between lines 9 and 10 and insert the following:
       (b) Clerical Amendment.--The table of sections for chapter 
     11 of title 11, United States Code, is amended by adding at 
     the end of the matter relating to subchapter I the following:

``1116. Duties of trustee or debtor in possession in small business 
              cases.
       On page 156, line 19, strike ``150'' and insert ``175''.
       On page 156, line 20, strike ``150-day'' and insert ``175-
     day''.
       On page 158, strike line 2 and insert ``the end and 
     inserting a semicolon; and''.
       On page 162, strike lines 14 through 20 and insert the 
     following:
       ``(A) a plan with a reasonable possibility of being 
     confirmed will be filed within a reasonable period of time; 
     and
       On page 162, line 21, strike ``reason is'' and insert 
     ``grounds include''.
       On page 162, line 22, strike ``that''.
       On page 162, line 23, insert ``for which'' before ``there 
     exists''.
       On page 163, line 1, strike ``(ii)(I)'' and insert 
     ``(ii)''.
       On page 163, line 1, strike ``that act or omission'' and 
     insert ``which''.
       On page 163, line 3, strike ``, but not'' and all that 
     follows through line 8 and insert a period.
       On page 163, line 22, insert after ``failure to maintain 
     appropriate insurance'' the following: ``that poses a risk to 
     the estate or to the public''.
       On page 164, line 3, insert ``repeated'' before 
     ``failure''.
       On page 165, line 3, insert ``confirmed'' before ``plan''.
       On page 165, line 23, insert ``or an examiner'' after 
     ``trustee''.
       On page 167, after line 21, insert the following:

     SEC. 435. TECHNICAL CORRECTION.

       Section 365(b)(2)(D) of title 11, United States Code, is 
     amended by striking ``penalty rate or provision'' and 
     inserting ``penalty rate or penalty provision''.
       On page 169, line 6, insert ``as amended by section 430 of 
     this Act,'' after ``Code,''.
       On page 183, line 20, strike all through line 13 on page 
     187.
       On page 232, line 7, strike all after ``by'' through line 8 
     and insert ``striking `7, 11, 12, or 13' and inserting `7, 
     11, 12, 13, or 15'.''.
       On page 266, line 13, insert ``AND FAMILY FISHERMEN'' after 
     ``FARMERS''.
       On page 268, insert between lines 16 and 17 the following:

     SEC. 1005. FAMILY FISHERMEN.

       (a) Definitions.--Section 101 of title 11, United States 
     Code, is amended--
       (1) by inserting after paragraph (7) the following:
       ``(7A) `commercial fishing operation' includes--
       ``(A) the catching or harvesting of fish, shrimp, lobsters, 
     urchins, seaweed, shellfish, or other aquatic species or 
     products; and

[[Page S11166]]

       ``(B) for purposes of section 109 and chapter 12, 
     aquaculture activities consisting of raising for market any 
     species or product described in subparagraph (A);'';
       ``(7B) `commercial fishing vessel' means a vessel used by a 
     fisherman to carry out a commercial fishing operation;'';
       (2) by inserting after paragraph (19) the following:
       ``(19A) `family fisherman' means--
       ``(A) an individual or individual and spouse engaged in a 
     commercial fishing operation (including aquiculture for 
     purposes of chapter 12)--
       ``(i) whose aggregate debts do not exceed $1,500,000 and 
     not less than 80 percent of whose aggregate noncontingent, 
     liquidated debts (excluding a debt for the principal 
     residence of such individual or such individual and spouse, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     individual or such individual and spouse; and
       ``(ii) who receive from such commercial fishing operation 
     more than 50 percent of such individual's or such 
     individual's and spouse's gross income for the taxable year 
     preceding the taxable year in which the case concerning such 
     individual or such individual and spouse was filed; or
       ``(B) a corporation or partnership--
       ``(i) in which more than 50 percent of the outstanding 
     stock or equity is held by--

       ``(I) 1 family that conducts the commercial fishing 
     operation; or
       ``(II) 1 family and the relatives of the members of such 
     family, and such family or such relatives conduct the 
     commercial fishing operation; and

       ``(ii)(I) more than 80 percent of the value of its assets 
     consists of assets related to the commercial fishing 
     operation;
       ``(II) its aggregate debts do not exceed $1,500,000 and not 
     less than 80 percent of its aggregate noncontingent, 
     liquidated debts (excluding a debt for 1 dwelling which is 
     owned by such corporation or partnership and which a 
     shareholder or partner maintains as a principal residence, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     corporation or such partnership; and
       ``(III) if such corporation issues stock, such stock is not 
     publicly traded;''; and
       (3) by inserting after paragraph (19A) the following:
       ``(19B) `family fisherman with regular annual income' means 
     a family fisherman whose annual income is sufficiently stable 
     and regular to enable such family fisherman to make payments 
     under a plan under chapter 12 of this title;''.
       (b) Who May Be a Debtor.--Section 109(f) of title 11, 
     United States Code, is amended by inserting ``or family 
     fisherman'' after ``family farmer''.
       (c)  Chapter 12.--Chapter 12 of title 11, United States 
     Code, is amended--
       (1) in the chapter heading, by inserting ``OR FISHERMAN'' 
     after ``FAMILY FARMER'';
       (2) in section 1201, by adding at the end the following:
       ``(e)(1) Notwithstanding any other provision of law, for 
     purposes of this subsection, a guarantor of a claim of a 
     creditor under this section shall be treated in the same 
     manner as a creditor with respect to the operation of a stay 
     under this section.
       ``(2) For purposes of a claim that arises from the 
     ownership or operation of a commercial fishing operation, a 
     co-maker of a loan made by a creditor under this section 
     shall be treated in the same manner as a creditor with 
     respect to the operation of a stay under this section.'';
       (3) in section 1203, by inserting ``or commercial fishing 
     operation'' after ``farm'';
       (4) in section 1206, by striking ``if the property is 
     farmland or farm equipment'' and inserting ``if the property 
     is farmland, farm equipment, or property of a commercial 
     fishing operation (including a commercial fishing vessel)''; 
     and
       (5) by adding at the end the following:

     ``Sec. 1232. Additional provisions relating to family 
       fishermen

       ``(a)(1) Notwithstanding any other provision of law, except 
     as provided in subsection (c), with respect to any commercial 
     fishing vessel of a family fisherman, the debts of that 
     family fisherman shall be treated in the manner prescribed in 
     paragraph (2).
       ``(2)(A) For purposes of this chapter, a claim for a lien 
     described in subsection (b) for a commercial fishing vessel 
     of a family fisherman that could, but for this subsection, be 
     subject to a lien under otherwise applicable maritime law, 
     shall be treated as an unsecured claim.
       ``(B) Subparagraph (A) applies to a claim for a lien 
     resulting from a debt of a family fisherman incurred on or 
     after the date of enactment of this chapter.
       ``(b) A lien described in this subsection is--
       ``(1) a maritime lien under subchapter III of chapter 313 
     of title 46, United States Code, without regard to whether 
     that lien is recorded under section 31343 of title 46, United 
     States Code; or
       ``(2) a lien under applicable State law (or the law of a 
     political subdivision thereof).
       ``(c) Subsection (a) shall not apply to--
       ``(1) a claim made by a member of a crew or a seaman 
     including a claim made for--
       ``(A) wages, maintenance, or cure; or
       ``(B) personal injury; or
       ``(2) a preferred ship mortgage that has been perfected 
     under subchapter II of chapter 313 of title 46, United States 
     Code.
       ``(d) For purposes of this chapter, a mortgage described in 
     subsection (c)(2) shall be treated as a secured claim.''.
       (d) Clerical Amendments.--
       (1) Table of chapters.--In the table of chapters for title 
     11, United States Code, the item relating to chapter 12, is 
     amended to read as follows:

``12. Adjustments of Debts of a Family Farmer or Family Fisherman with 
    Regular Annual Income...................................1201''.....

       (2) Table of sections.--The table of sections for chapter 
     12 of title 11, United States Code, is amended by adding at 
     the end the following new item:

``1232. Additional provisions relating to family fishermen.''.
       On page 281, line 21, strike ``714'' and insert ``315''.
       On page 282, line 11, strike ``(a)(9)'' and insert 
     ``(a)(8)''.
       On page 282, line 13, strike ``and''.
       On page 282, between lines 13 and 14, insert the following:
       (3) in subsection (a)(15), as so transferred, by striking 
     ``paragraph (5)'' and inserting ``paragraph (4)''; and
       On page 282, line 14, strike ``(3)'' and insert ``(4)''.
       Beginning on page 292, strike line 10 and all that follows 
     through page 294, line 11.
       On page 294, insert between lines 11 and 12 the following:

     SEC. 1127. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.

       (a) Actions Under Chapter 7 or 13 of Title 11, United 
     States Code.--Section 1930(a) of title 28, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) For a case commenced--
       ``(A) under chapter 7 of title 11, $160; or
       ``(B) under chapter 13 of title 11, $150.''.
       (b) United States Trustee System Fund.--Section 589a(b) of 
     title 28, United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1)(A) 46.88 percent of the fees collected under section 
     1930(a)(1)(A) of this title in cases commenced under chapter 
     7 of title 11; and
       ``(B) 73.33 percent of the fees collected under section 
     1930(a)(1)(B) of this title in cases commenced under chapter 
     13 of title 11;'';
       (2) in paragraph (2) by striking ``one-half'' and inserting 
     ``three-fourths''; and
       (3) in paragraph (4) by striking ``one-half'' and inserting 
     ``100 percent''.
       (c) Collection and Deposit of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking ``pursuant 
     to 28 U.S.C. section 1930(b) and 30.76 per centum of the fees 
     hereafter collected under 28 U.S.C. section 1930(a)(1) and 25 
     percent of the fees hereafter collected under 28 U.S.C. 
     section 1930(a)(3) shall be deposited as offsetting receipts 
     to the fund established under 28 U.S.C. section 1931'' and 
     inserting ``under section 1930(b) of title 28, United States 
     Code, and 25 percent of the fees collected under section 
     1930(a)(1)(A) of that title, 26.67 percent of the fees 
     collected under section 1930(a)(1)(B) of that title, and 25 
     percent of the fees collected under section 1930(a)(3) of 
     that title shall be deposited as offsetting receipts to the 
     fund established under section 1931 of that title''.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 1733

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . PROPERTY NO LONGER SUBJECT TO REDEMPTION.

       Section 541(b) of title 11, United States Code, is amended 
     by adding at the end the following--
       ``(6) any interest of the debtor in property where the 
     debtor has pledged or sold tangible personal property or 
     other valuable things (other than securities or written or 
     printed evidences of indebtedness or title) as collateral for 
     a loan or advance of money, where--
       (i) the debtor has no obligation to repay the money, redeem 
     the collateral, or buy back the property at a stipulated 
     price, and
       (ii) neither the debtor nor the trustee have exercised any 
     right to redeem provided under the contract or state law, in 
     a timely manner as provided under state law and Section 
     108(b) of this title.''.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 1734

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       Beginning on page 289, line 4, strike all through page 290, 
     line 12 and insert the following:
       (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 central 
     district of California.

[[Page S11167]]

       (B) One additional bankruptcy judgeship for the eastern 
     district of California.
       (C) One additional bankruptcy judgeship for the southern 
     district of Florida.
       (D) One additional bankruptcy judgeship for the southern 
     district of Mississippi.
       (E) One additional bankruptcy judgeship for the northern 
     district of New York.
       (F) One additional bankruptcy judgeship for the eastern 
     district of New York.
       (G) One additional bankruptcy judgeship for the southern 
     district of New York.
       (H) One additional bankruptcy judgeship for the eastern 
     district of North Carolina.
       (I) One additional bankruptcy judgeship for the eastern 
     district of Pennsylvania.
       (J) One additional bankruptcy judgeship for the middle 
     district of Pennsylvania.
       (K) One additional bankruptcy judgeship for the district of 
     Puerto Rico.
       On page 294, insert between lines 11 and 12 the following:
       (f) Permanent Judgeships.--The table under section 
     152(a)(2) of title 28, United States Code, is amended--
       (1) in the item relating to Delaware by striking ``1'' and 
     inserting ``2'';
       (2) in the item relating to New Jersey by striking ``8'' 
     and inserting ``9'';
       (3) in the item relating to Maryland by striking ``4'' and 
     inserting ``7'';
       (4) in the item relating to the eastern district for 
     Virginia by striking ``5'' and inserting ``6'';
       (5) in the item relating to the western district for 
     Tennessee by striking ``4'' and inserting ``5'';
       (6) in the item relating to the central district for 
     California by striking ``21'' and inserting ``24'';
       (7) in the item relating to the southern district for 
     Georgia by striking ``2'' and inserting ``3''; and
       (8) in the item relating to the southern district for 
     Florida by striking ``5'' and inserting ``7''.
                                 ______
                                 

               WELLSTONE (AND DORGAN) AMENDMENT NO. 1735

  (Ordered to lie on the table.)
  Mr. WELLSTONE. (for himself and Mr. Dorgan) submitted an amendment 
intended to be proposed by them to the bill, S. 625, supra; as follows:

       At the end of the bill, add the following:
          DIVISION 2--MORATORIUM ON LARGE AGRIBUSINESS MERGERS

     SEC. ____01. SHORT TITLE.

       This division may be cited as the ``Agribusiness Merger 
     Moratorium and Antitrust Review Act of 1999''.

     SEC. ____02. DEFINITIONS.

       In this division:
       (1) Broker.--The term ``broker'' means any person engaged 
     in the business of negotiating sales and purchases of any 
     agricultural commodity in interstate or foreign commerce for 
     or on behalf of the vendor or the purchaser.
       (2) Commission merchant.--The term ``commission merchant'' 
     means any person engaged in the business of receiving in 
     interstate or foreign commerce any agricultural commodity for 
     sale, on commission, or for or on behalf of another.
       (3) Dealer.--The term ``dealer'' means any person 
     (excluding agricultural cooperatives) engaged in the business 
     of buying, selling, or marketing agricultural commodities in 
     wholesale or jobbing quantities, as determined by the 
     Secretary, in interstate or foreign commerce, except that no 
     person shall be considered a dealer with respect to sales or 
     marketing of any agricultural commodity of that person's own 
     raising.
       (4) Processor.--The term ``processor'' means any person 
     (excluding agricultural cooperatives) engaged in the business 
     of handling, preparing, or manufacturing (including 
     slaughtering) of an agricultural commodity or the products of 
     such agricultural commodity for sale or marketing for human 
     consumption, except a person who manufactures (including 
     slaughters) any product of any livestock or poultry owned by 
     such person.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
           TITLE I--MORATORIUM ON LARGE AGRIBUSINESS MERGERS

     SEC. ____11. MORATORIUM ON LARGE AGRIBUSINESS MERGERS.

       (a) In General.--
       (1) Moratorium.--Until the date referred to in paragraph 
     (2) and except as provided in subsection (b)--
       (A) no dealer, processor, commission merchant, broker, or 
     operator of a warehouse of agricultural commodities with 
     annual net sales or total assets of more than $100,000,000 
     shall merge or acquire, directly or indirectly, any voting 
     securities or assets of any other dealer, processor, 
     commission merchant, broker, or operator of a warehouse of 
     agricultural commodities with annual net sales or total 
     assets of more than $10,000,000; and
       (B) no dealer, processor, commission merchant, broker, or 
     operator of a warehouse of agricultural commodities with 
     annual net sales or total assets of more than $10,000,000 
     shall merge or acquire, directly or indirectly, any voting 
     securities or assets of any other dealer, processor, 
     commission merchant, broker, or operator of a warehouse of 
     agricultural commodities with annual net sales or total 
     assets of more than $100,000,000 if the acquiring person 
     would hold--
       (i) 15 percent or more of the voting securities or assets 
     of the acquired person; or
       (ii) an aggregate total amount of the voting securities and 
     assets of the acquired person in excess of $15,000,000.
       (2) Date.--The date referred to in this paragraph is the 
     earlier of--
       (A) the effective date of comprehensive legislation--
       (i) addressing the problem of market concentration in the 
     agricultural sector; and
       (ii) containing a section stating that the legislation is 
     comprehensive legislation as provided in section ____11 of 
     the Agribusiness Merger Moratorium Act of 1999; or
       (B) the date that is 18 months after the date of enactment 
     of this Act.
       (b) Waiver Authority.--The Attorney General shall have 
     authority to waive the moratorium imposed by subsection (a) 
     only under extraordinary circumstances, such as insolvency or 
     similar financial distress of 1 of the affected parties.
 TITLE II--AGRICULTURE CONCENTRATION AND MARKET POWER REVIEW COMMISSION

     SEC. ____21. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Agriculture Concentration and Market Power 
     Review Commission (hereafter in this title referred to as the 
     ``Commission'').
       (b) Purposes.--The purpose of the Commission is to--
       (1) study the nature and consequences of concentration in 
     America's agricultural economy; and
       (2) make recommendations on how to change underlying 
     antitrust laws and other Federal laws and regulations to keep 
     a fair and competitive agriculture marketplace for family 
     farmers, other small and medium sized agriculture producers, 
     generally, and the communities of which they are a part.
       (c) Membership of Commission.--
       (1) Composition.--The Commission shall be composed of 12 
     members as follows:
       (A) Three persons shall be appointed by the President pro 
     tempore of the Senate upon the recommendation of the Majority 
     Leader of the Senate, after consultation with the Chairman of 
     the Committee on Agriculture, Nutrition, and Forestry.
       (B) Three persons shall be appointed by the President pro 
     tempore of the Senate upon the recommendation of the Minority 
     Leader of the Senate, after consultation with the ranking 
     minority member of the Committee on Agriculture, Nutrition, 
     and Forestry.
       (C) Three persons shall be appointed by the Speaker of the 
     House of Representatives, after consultation with the 
     Chairman of the Committee on Agriculture.
       (D) Three persons shall be appointed by the Minority Leader 
     of the House of Representatives, after consultation with the 
     ranking minority member of the Committee on Agriculture.
       (2) Qualifications of members.--
       (A) Appointments.--Persons who are appointed under 
     paragraph (1) shall be persons who--
       (i) have expertise in agricultural economics and antitrust 
     or have other pertinent qualifications or experience relating 
     to agriculture and agriculture industries; and
       (ii) are not officers or employees of the United States.
       (B) Other consideration.--In appointing Commission members, 
     every effort shall be made to ensure that the members--
       (i) are representative of a broad cross sector of 
     agriculture and antitrust perspectives within the United 
     States; and
       (ii) provide fresh insights to analyzing the causes and 
     impacts of concentration in agriculture industries and 
     sectors.
       (d) Period of Appointment; Vacancies.--
       (1) In general.--Members shall be appointed not later than 
     60 days after the date of enactment of this Act and the 
     appointment shall be for the life of the Commission.
       (2) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (f) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (g) Chairperson and Vice Chairperson.--The members of the 
     Commission shall elect a chairperson and vice chairperson 
     from among the members of the Commission.
       (h) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.
       (i) Voting.--Each member of the Commission shall be 
     entitled to 1 vote, which shall be equal to the vote of every 
     other member of the Commission.

     SEC. ____22. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall be responsible for 
     examining the nature, the causes, and consequences 
     concentration in America's agricultural economy in the 
     broadest possible terms.
       (b) Issues To Be Addressed.--The study shall include an 
     examination of the following matters:
       (1) The nature and extent of concentration in the 
     agricultural sector, including food production, 
     transportation, processing, distribution and marketing, and 
     farm inputs such as machinery, fertilizer, and seeds.
       (2) Current trends in concentration of the agricultural 
     sector and what this sector is likely to look like in the 
     near and longer term future.

[[Page S11168]]

       (3) The effect of this concentration on farmer income.
       (4) The impacts of this concentration upon rural 
     communities, rural economic development, and the natural 
     environment.
       (5) The impacts of this concentration upon food shoppers, 
     including the reasons that Depression-level farm prices have 
     not resulted in corresponding drops in supermarket prices.
       (6) The productivity of family-based farm units, compared 
     with corporate based agriculture, and whether farming is 
     approaching a scale that is larger than necessary from the 
     standpoint of productivity.
       (7) The effect of current laws and administrative practices 
     in supporting and encouraging this concentration.
       (8) Whether the existing antitrust laws provide adequate 
     safeguards against, and remedies for, the impacts of 
     concentration upon family-based agriculture, the communities 
     they comprise, and the food shoppers of this Nation.
       (9) Such related matters as the Commission determines are 
     important.

     SEC. ____23. FINAL REPORT.

       (a) In General.--Not later than 12 months after the date of 
     the initial meeting of the Commission, the Commission shall 
     submit to the President and Congress a final report which 
     contains--
       (1) the findings and conclusions of the Commission 
     described in section ____22; and
       (2) recommendations for addressing the problems identified 
     as part of the Commission's analysis.
       (b) Separate Views.--Any member of the Commission may 
     submit additional findings and recommendations as part of the 
     final report.

     SEC. ____24. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission may find advisable to 
     fulfill the requirements of this title. The Commission shall 
     hold at least 1 or more hearings in Washington, D.C., and 4 
     in different agriculture regions of the United States.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this title. Upon request of the 
     Chairperson of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (c)  Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. ____25. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (2) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. ____26. SUPPORT SERVICES.

       The Administrator of the General Services Administration 
     shall provide to the Commission on a reimbursable basis such 
     administrative support services as the Commission may 
     request.

     SEC. ____27. APPROPRIATIONS.

       There are appropriated $2,000,000 to the Commission to 
     carry out the provisions of this title.
                                 ______
                                 

               TORRICELLI (AND OTHERS) AMENDMENT NO. 1736

  (Ordered to lie on the table.)
  Mr. TORRICELLI (for himself, Mr. Grassley, Mr. Biden, and Mr. Leahy) 
submitted an amendment intended to be proposed by them to the bill, S. 
625, supra; as follows:

       At the end of the bill, add the following new title:
                 TITLE ____--CONSUMER CREDIT DISCLOSURE

     SEC. ____01. ENHANCED DISCLOSURES UNDER AN OPEN END CREDIT 
                   PLAN.

       (a) 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)(A) In the case of an open end credit plan that 
     requires a minimum monthly payment of not more than 4 percent 
     of the balance on which finance charges are accruing, the 
     following statement, located on the front of the billing 
     statement, disclosed clearly and conspicuously, in typeface 
     no smaller than the largest typeface used to make other clear 
     and conspicuous disclosures under this subsection: `Minimum 
     Payment Warning: Making only the minimum payment will 
     increase the interest you pay and the time it takes to repay 
     your balance. For example, making only the typical 2% minimum 
     monthly payment on a balance of $1,000 at an interest rate of 
     17% would take 88 months to repay the balance in full. For an 
     estimate of the time it would take to repay your balance, 
     making only minimum payments, call this toll-free number: 
     ____________.'.
       ``(B) In the case of an open end credit plan that requires 
     a minimum monthly payment of more than 4 percent of the 
     balance on which finance charges are accruing, the following 
     statement, in a prominent location on the front of the 
     billing statement, disclosed clearly and conspicuously, in 
     typeface no smaller than the largest typeface used to make 
     other clear and conspicuous disclosures under this 
     subsection: `Minimum Payment Warning: Making only the 
     required minimum payment will increase the interest you pay 
     and the time it takes to repay your balance. Making a typical 
     5% minimum monthly payment on a balance of $300 at an 
     interest rate of 17% would take 24 months to repay the 
     balance in full. For an estimate of the time it would take to 
     repay your balance, making only minimum monthly payments, 
     call this toll-free number: ____________.'.
       ``(C) In the case of a creditor with respect to which 
     compliance with this title is enforced by the Federal Trade 
     Commission, the following statement, in a prominent location 
     on the front of the billing statement, disclosed clearly and 
     conspicuously, in typeface no smaller than the largest 
     typeface used to make other clear and conspicuous disclosures 
     under this subsection: `Minimum Payment Warning: Making only 
     the required minimum payment will increase the interest you 
     pay and the time it takes to repay your balance. For example, 
     making only the typical 5% minimum monthly payment on a 
     balance of $300 at an interest rate of 17% would take 24 
     months to repay the balance in full. For an estimate of the 
     time it would take to repay your balance, making only minimum 
     monthly payments, call the Federal Trade Commission at this 
     toll-free number: ____________.'.
       ``(D) Notwithstanding subparagraph (B) or (C), in complying 
     with either such subparagraph, a creditor may substitute an 
     example based on an interest rate that is greater than 17 
     percent.
       ``(E) The Board shall, by rule, periodically recalculate, 
     as necessary, the interest rate and repayment period under 
     subparagraphs (A), (B), and (C).
       ``(F) The toll-free telephone number disclosed by a 
     creditor under subparagraph (A) or (B) may be a toll-free 
     telephone number established and maintained by the creditor 
     or may be a toll-free telephone number established and 
     maintained by a third party for use by the creditor or 
     multiple creditors. The toll-free telephone number may 
     connect consumers to an automated device through which 
     consumers may obtain information described in subparagraph 
     (A) or (B) by inputting information using a touch-tone 
     telephone or similar device, if consumers whose telephones 
     are not equipped to use such automated device are provided 
     the opportunity to be connected to an individual from whom 
     the information described in subparagraph (A) or (B), as 
     applicable, may be obtained. A person that receives a request 
     for information described in subparagraph (A) or (B) from an 
     obligor through the toll-free telephone number disclosed 
     under subparagraph (A) or (B), as applicable, shall disclose 
     in response to such request only the information set forth in 
     the table promulgated by the Board under subparagraph (H)(i).
       ``(G) The Federal Trade Commission shall establish and 
     maintain a toll-free number for the purpose of providing to 
     consumers the information required to be disclosed under 
     subparagraph (C).
       ``(H) The Board shall--
       ``(i) establish a detailed table illustrating the 
     approximate number of months that it would take to repay an 
     outstanding balance and the approximate total cost to the 
     consumer, including interest and principal payments, of 
     paying that balance in full, if the consumer pays only the 
     required minimum monthly payments and if no other advances

[[Page S11169]]

     are made, which table shall clearly present standardized 
     information to be used to disclose the information required 
     to be disclosed under subparagraph (A), (B), or (C), as 
     applicable;
       ``(ii) establish the table required under clause (i) by 
     assuming--
       ``(I) a significant number of different annual percentage 
     rates;
       ``(II) a significant number of different account balances;
       ``(III) a significant number of different minimum payment 
     amounts; and
       ``(IV) that only minimum monthly payments are made and no 
     additional extensions of credit are obtained; and
       ``(iii) promulgate regulations that provide instructional 
     guidance regarding the manner in which the information 
     contained in the table established under clause (i) should be 
     used in responding to the request of an obligor for any 
     information required to be disclosed under subparagraph (A), 
     (B), or (C).''.
       (b) Regulatory Implementation.--The Board of Governors of 
     the Federal Reserve System (hereafter in this Act referred to 
     as the ``Board'') shall promulgate regulations implementing 
     the requirements of section 127(b)(11) of the Truth in 
     Lending Act, as added by subsection (a) of this section. 
     Section 127(b)(11) of the Truth in Lending Act, as added by 
     subsection (a) of this section, and the regulations issued 
     under this subsection shall not take effect until the later 
     of 18 months after the date of enactment of this Act or 12 
     months after the publication of such regulations by the 
     Board.
       (c) Study of Financial Disclosures.--
       (1) In general.--The Board shall conduct a study to 
     determine whether consumers have adequate information about 
     borrowing activities that may result in financial problems.
       (2) Factors for consideration.--In conducting the study 
     under paragraph (1), the Board shall, in consultation with 
     the Secretary of the Treasury and the Federal Trade 
     Commission, consider the extent to which--
       (A) 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;
       (B) minimum periodic payment features offered in connection 
     with open end credit plans impact consumer default rates;
       (C) consumers make only the minimum payment under open end 
     credit plans;
       (D) consumers are aware that making only minimum payments 
     will increase the cost and repayment period of an open end 
     credit obligation; and
       (E) the availability of low minimum payment options is a 
     cause of consumers experiencing financial difficulty.
       (3) Report to congress.--Before the end of the 2-year 
     period beginning on the date of enactment of this Act, the 
     Board shall submit to Congress a report containing the 
     findings of the Board in connection with the study required 
     by this subsection.
       (d) 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, as part of 
     its final report to Congress under subsection (c), that such 
     disclosures are necessary, based on the findings set forth in 
     that report. Any such regulations shall not take effect until 
     12 months after the publication of such regulations by the 
     Board.

     SEC. ____02. ENHANCED DISCLOSURE FOR CREDIT EXTENSIONS 
                   SECURED BY A DWELLING.

       (a) Open End Credit Extensions.--
       (1) Credit applications.--Section 127A(a)(13) of the Truth 
     in Lending Act (15 U.S.C. 1637a(a)(13)) is amended--
       (A) by striking ``consultation of tax advisor.--A statement 
     that the'' and inserting the following: ``tax 
     deductibility.--A statement that--
       ``(A) the''; and
       (B) by striking the period at the end and inserting the 
     following: ``; and
       ``(B) in any case in which the extension of credit exceeds 
     the fair market value of the dwelling, the interest on the 
     portion of the credit extension that is greater than the fair 
     market value of the dwelling is not tax deductible for 
     Federal income tax purposes.''.
       (2) Credit advertisements.--Section 147(b) of the Truth in 
     Lending Act (15   U.S.C. 1665b(b)) is amended--
       (A) by striking ``If any'' and inserting the following:
       ``(1) In general.--If any''; and
       (B) by adding at the end the following:
       ``(2) Credit in excess of fair market value.--Each 
     advertisement described in subsection (a) that relates to an 
     extension of credit that may exceed the fair market value of 
     the dwelling shall include a clear and conspicuous statement 
     that--
       ``(A) the interest on the portion of the credit extension 
     that is greater than the fair market value of the dwelling is 
     not tax deductible for Federal income tax purposes; and
       ``(B) the consumer may want to consult a tax advisor for 
     further information regarding the deductibility of interest 
     and charges.''.
       (b) Non-Open End Credit Extensions.--
       (1) Credit applications.--Section 128 of the Truth in 
     Lending Act (15 U.S.C. 1638) is amended--
       (A) in subsection (a), by adding at the end the following:
       ``(15) In the case of a consumer credit transaction that is 
     secured by the principal dwelling of the consumer, in which 
     the extension of credit may exceed the fair market value of 
     the dwelling, a clear and conspicuous statement that--
       ``(A) the interest on the portion of the credit extension 
     that is greater than the fair market value of the dwelling is 
     not tax deductible for Federal income tax purposes; and
       ``(B) the consumer should consult a tax advisor for further 
     information regarding the deductibility of interest and 
     charges.''; and
       (B) in subsection (b), by adding at the end the following:
       ``(3) In the case of a credit transaction described in 
     paragraph (15) of subsection (a), disclosures required by 
     that paragraph shall be made to the consumer at the time of 
     application for such extension of credit.''.
       (2) Credit advertisements.--Section 144 of the Truth in 
     Lending Act (15 U.S.C. 1664) is amended by adding at the end 
     the following:
       ``(e) Each advertisement to which this section applies that 
     relates to a consumer credit transaction that is secured by 
     the principal dwelling of a consumer in which the extension 
     of credit may exceed the fair market value of the dwelling 
     shall clearly and conspicuously state that--
       ``(1) the interest on the portion of the credit extension 
     that is greater than the fair market value of the dwelling is 
     not tax deductible for Federal income tax purposes; and
       ``(2) the consumer may want to consult a tax advisor for 
     further information regarding the deductibility of interest 
     and charges.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall become effective 12 months after the 
     date of enactment of this Act.

     SEC. ____03. DISCLOSURES RELATED TO ``INTRODUCTORY RATES''.

       Section 127(c) of the Truth in Lending Act (15 U.S.C. 
     1637(c)) is amended by adding at the end the following:
       ``(6) Additional notice concerning `introductory rates'.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an application or solicitation to open a credit card account 
     and all promotional materials accompanying such application 
     or solicitation, for which a disclosure is required under 
     paragraph (1), and that offers a temporary annual percentage 
     rate of interest, shall--
       ``(i) use the term `introductory' in immediate proximity to 
     each listing of the temporary annual percentage rate 
     applicable to such account, which term shall appear in the 
     same type size and type style used to state the temporary 
     annual percentage rate;
       ``(ii) if the annual percentage rate of interest that will 
     apply after the end of the temporary rate period will be a 
     fixed rate, state the following in a prominent location 
     immediately proximate to the first or otherwise most 
     prominent listing of the temporary annual percentage rate 
     (other than a listing of the temporary annual percentage rate 
     in the tabular format described in section 122(c)) and in no 
     smaller type size than the smaller of the type size in which 
     the proximate temporary annual percentage rate appears or a 
     12-point type size the date on which the introductory period 
     will end and the annual percentage rate that will apply after 
     the end of the introductory period; and
       ``(iii) if the annual percentage rate that will apply after 
     the end of the temporary rate period will vary in accordance 
     with an index, state the following in a prominent location 
     immediately proximate to the first or otherwise most 
     prominent listing of the temporary annual percentage rate 
     (other than a listing in the tabular format prescribed by 
     section 122(c)) and in no smaller type size than the smaller 
     of the type size in which the proximate temporary annual 
     percentage rate appears or a 12-point type size the date on 
     which the introductory period will end and the annual 
     percentage rate that would apply if the introductory period 
     ended on the date on which the application or solicitation 
     was printed.
       ``(B) Exception.--Clauses (ii) and (iii) of subparagraph 
     (A) do not apply with respect to any listing of a temporary 
     annual percentage rate on an envelope or other enclosure in 
     which an application or solicitation to open a credit card 
     account is mailed.
       ``(C) Conditions for introductory rates.--An application or 
     solicitation to open a credit card account for which a 
     disclosure is required under paragraph (1), and that offers a 
     temporary annual percentage rate of interest shall, if that 
     rate of interest is revocable under any circumstance or upon 
     any event, clearly and conspicuously disclose, in a prominent 
     manner on or with such application or solicitation--
       ``(i) any and all circumstances or events that may result 
     in the revocation of the temporary annual percentage rate; 
     and
       ``(ii) if the annual percentage rate that will apply upon 
     the revocation of the temporary annual percentage rate--

       ``(I) will be a fixed rate, the annual percentage rate that 
     will apply upon the revocation of the temporary annual 
     percentage rate; or
       ``(II) will vary in accordance with an index, the annual 
     percentage rate that would apply if the temporary annual 
     percentage rate was revoked on the date on which the 
     application or solicitation was printed.

       ``(D) Definitions.--In this paragraph--
       ``(i) the terms `temporary annual percentage rate of 
     interest' and `temporary annual

[[Page S11170]]

     percentage rate' mean any rate of interest applicable to a 
     credit card account for an introductory period of less than 1 
     year, if that rate is less than the annual percentage rate of 
     interest that will apply if the introductory period ended on 
     the date on which the application was printed; and
       ``(ii) the term `introductory period' means the maximum 
     time period for which the temporary annual percentage rate 
     may be applicable.
       ``(E) Relation to other disclosure requirements.--Nothing 
     in this paragraph may be construed to supersede any 
     disclosure required by paragraph (1) or any other provision 
     of this subsection.''.

     SEC. ____04. INTERNET-BASED CREDIT CARD SOLICITATIONS.

       Section 127(c) of the Truth in Lending Act (15 U.S.C. 
     1637(c)) is amended by adding at the end the following:
       ``(7) Internet-based applications and solicitations.--
       ``(A) In general.--In any solicitation to open a credit 
     card account for any person under an open end consumer credit 
     plan using the Internet or other interactive computer 
     service, the person making the solicitation shall clearly and 
     conspicuously disclose--
       ``(i) the information described in subparagraphs (A) and 
     (B) of paragraph (1); and
       ``(ii) the disclosures described in paragraph (6).
       ``(B) Form of disclosure.--The disclosures required by 
     subparagraph (A) shall be--
       ``(i) readily accessible to consumers in close proximity to 
     the solicitation to open a credit card account; and
       ``(ii) updated regularly to reflect the current policies, 
     terms, and fee amounts applicable to the credit card account.
       ``(C) Definitions.--For purposes of this paragraph--
       ``(i) the term `Internet' means the international computer 
     network of both Federal and non-Federal interoperable packet 
     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.''.

     SEC. ____05. DISCLOSURES RELATED TO LATE PAYMENT DEADLINES 
                   AND PENALTIES.

       Section 127(b) of the Truth in Lending Act (15 U.S.C. 
     1637(b)) is amended by adding at the end the following:
       ``(12) If a charge is to be imposed due to the failure of 
     the obligor to make payment on or before a required payment 
     due date the following shall be stated prominently in a 
     conspicuous location on the billing statement:
       ``(A) The date that payment is due or, if different, the 
     earliest date on which a late payment fee may be charged.
       ``(B) The amount of the late payment charge to be imposed 
     if payment is made after such date.''.

     SEC. ____06. 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:
       ``(h) 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. ____07. DUAL USE DEBIT CARD.

       (a) Study Required.--The Board shall conduct a study of 
     existing consumer protections provided to consumers at the 
     time of the study to limit the liability of consumers for 
     unauthorized use of a debit card or similar access device.
       (b) Considerations.--In conducting the study under 
     subsection (a), the Board shall consider--
       (1) the extent to which section 909 of the Electronic Fund 
     Transfer Act (15 U.S.C. 1693g), as in effect at the time of 
     the study, and the implementing regulations promulgated by 
     the Board to carry out that section 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 Fund Transfer Act 
     (15 U.S.C. 1693 et seq.), or revisions to regulations 
     promulgated by the Board to carry out that Act, are necessary 
     to provide adequate protection for consumers concerning 
     unauthorized use liability.
       (c) Report and Regulations.--Not later than 2 years after 
     the date of 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 Fund Transfer Act, may issue regulations to 
     address such inadequacy. Any regulations issued by the Board 
     under this paragraph shall not become effective before the 
     end of the 36-month period beginning on the date of enactment 
     of this Act.

     SEC. ____08. STUDY OF BANKRUPTCY IMPACT OF CREDIT EXTENDED TO 
                   DEPENDENT STUDENTS.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study regarding the impact that the 
     extension of credit described in paragraph (2) has on the 
     rate of bankruptcy cases filed under title 11, United States 
     Code.
       (2) Extension of credit.--The extension of credit referred 
     to in paragraph (1) is 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 postsecondary educational institutions.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Senate and the House of 
     Representatives a report summarizing the results of the study 
     conducted under subsection (a).

     SEC. ____09. ENCOURAGING CREDITWORTHINESS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) certain lenders may sometimes offer credit to consumers 
     indiscriminately, without taking steps to ensure that 
     consumers are capable of repaying the resulting debt, and in 
     a manner that may encourage certain consumers to accumulate 
     additional debt; and
       (2) resulting consumer debt may increasingly be a major 
     contributing factor to consumer insolvency.
       (b) Study Required.--The Board shall conduct a study of--
       (1) consumer credit industry practices of soliciting and 
     extending credit--
       (A) indiscriminately;
       (B) without taking steps to ensure that consumers are 
     capable of repaying the resulting debt; and
       (C) in a manner that encourages consumers to accumulate 
     additional debt; and
       (2) the effects of such practices on consumer debt and 
     insolvency.
       (c) Report and Regulations.--Not later than 12 months after 
     the date of enactment of this Act, the Board--
       (1) shall make public a report on its findings with respect 
     to the indiscriminate solicitation and extension of credit by 
     the credit industry;
       (2) may issue regulations that would require additional 
     disclosures to consumers; and
       (3) may take any other actions, consistent with its 
     existing statutory authority, that the Board finds necessary 
     to ensure responsible industrywide practices and to prevent 
     resulting consumer debt and insolvency.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 1737

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, S. 625, supra; as follows:

       Notwithstanding and other provision of law, any Federal 
     homestead exemption shall not apply to debtors if applicable 
     State law provides by statute that such provisions shall not 
     apply to debtors and shall not take effect in any State 
     before the end of the first regular session of the State 
     legislature following the date of enactment of this Act.''.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 1738

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill, S. 625, supra; as follows:

       In lieu of the language proposed to be included, insert the 
     following:

     SEC. ____. LIMITATION.

       Section 522 of title 11, United States Code, is amended--
       (1) in subsection (b)(2)(A), by inserting ``subject to 
     subsection (n),'' before ``any property''; and
       (2) by adding at the end the following:
       ``(n)(1) Except as provided in paragraph (2), as a result 
     of electing under subsection (b)(2)(A) to exempt property 
     under State or local law, a debtor may not exempt any amount 
     of interest that exceeds in the aggregate $100,000 in value 
     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)(2)(A)--
       ``(A) by a family farmer for the principal residence of 
     that family farmer, without regard to whether the principal 
     residence is covered under an applicable homestead provision 
     referred to in subparagraph (B); or
       ``(B) by a farmer (including, for purposes of this 
     subparagraph, a family farmer and any person that is 
     considered to be a farmer under applicable State law) for a 
     site at which a farming operation of that farmer is carried 
     out (including the principal residence of that farmer), if 
     that site is covered under an applicable homestead provision 
     that exempts that site under a State constitution or 
     statute.''.

[[Page S11171]]

                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 1739

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill, S. 625, supra; as follows:

       On page 91, strike lines 15 through 18 and insert the 
     following:
       ``(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 in 
     addition to the prior case.''.
                                 ______
                                 

                      SESSIONS AMENDMENT NO. 1740

  (Ordered to lie on the table.)
  Mr. SESSIONS submitted an amendment intended to be proposed by him to 
the bill, S. 625, supra; as follows:

       On page 1, line 3, strike all through line 10 on page 2.
                                 ______
                                 

                  HUTCHISON AMENDMENTS NOS. 1741-1743

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted three amendments intended to be proposed by 
her to the bill, S. 625, supra; as follows:

                           Amendment No. 1741

       At the end of the amendment add the following: ``The 
     preceding provisions relating to a limitation on State 
     homestead exemptions shall not apply to debtors who are 65 
     years or older.''.
                                  ____


                           Amendment No. 1742

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. STUDY OF EFFECTS OF THE HOMESTEAD EXEMPTION.

       The Comptroller General shall conduct a nationwide study 
     and report to Congress any findings and recommendations not 
     later than 1 year after the date of enactment of this Act 
     regarding--
       (1) the utilization of State homestead exemption in States 
     where there is no limitation on the homestead exemption or in 
     States where the limitation exceeds $100,000 to determine the 
     income level of the debtors utilizing the homestead exemption 
     in those States; and
       (2) the extent to which those individuals who have utilized 
     the homestead exemption in those States are prohibited from 
     doing so by the provisions in this Act--
       (A) restricting utilization of the homestead exemption to 
     those who have resided in the State for at least 2 years 
     (section 303);
       (B) providing for enhanced judicial scrutiny of any asset 
     transfers to the homestead within 2 years of the date of 
     filing bankruptcy (section 303); and
       (C) the presumption against allowance of filing for chapter 
     7 (liquidation of assets) for certain high-income individuals 
     (section 102).
                                  ____


                           Amendment No. 1743

       At the end of the amendment add the following: ``The 
     preceding provisions relating to a limitation on State 
     homestead exemptions shall not apply to debtors if applicable 
     State law provides by statute that such provisions shall not 
     apply to debtors and shall not take effect in any State 
     before the end of the first regular session of the State 
     legislature following the date of enactment of this Act.''.

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