[Congressional Record Volume 145, Number 133 (Tuesday, October 5, 1999)]
[Senate]
[Pages S11980-S12045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AMENDMENTS SUBMITTED ON OCTOBER 5, 1999

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                   AIR TRANSPORTATION IMPROVEMENT ACT

                                 ______
                                 

                        REED AMENDMENT NO. 1905

  (Ordered to lie on the table)
  Mr. REED submitted an amendment intended to be proposed by him to the 
bill (S. 82) to authorize appropriations for Federal Aviation 
Administration, and for other purposes; as follows:

       At the end of title III of the Manager's substitute 
     amendment, add the following:

     SEC. 312. PROHIBITION ON OPERATING CERTAIN AIRCRAFT NOT 
                   COMPLYING WITH STAGE 4 NOISE LEVELS.

       (a) In General.--Subchapter II of chapter 475 of title 49, 
     United States Code, is amended--
       (1) by redesignating section 47529 as section 47529A; and
       (2) by inserting after section 47528 the following:

     ``Sec. 47529. Limitation on operating certain aircraft not 
       complying with stage 4 noise levels

       ``(a) Regulations.--Not later than December 31, 2003, the 
     Secretary of Transportation, in consultation with the 
     International Civil Aviation Organization, shall issue 
     regulations to establish minimum standards for civil 
     turbojets to comply with stage 4 noise levels.
       ``(b) General Rule.--The Secretary shall issue regulations 
     to ensure that, except as provided in section 47530--
       ``(1) 50 percent of the civil turbojets with a maximum 
     weight of more than 75,000 pounds operating after December 
     31, 2008, to or from airports in the United States comply 
     with the stage 4 noise levels established under subsection 
     (a); and
       ``(2) 100 percent of such turbojets operating after 
     December 31, 2013, to or from airports in the United States 
     comply with the stage 4 noise levels.
       ``(c) Priority for High Density Airports.--The Secretary 
     shall issue regulations to ensure that air carriers, in 
     purchasing and using civil turbojets that comply with stage 4 
     noise levels, give priority to using such turbojets to 
     provide air transportation to or from high density airports 
     (as such term is defined under section 41714 on January 1, 
     1999).
       ``(d) Annual Report.--Beginning with calendar year 2004--
       ``(1) each air carrier shall submit to the Secretary an 
     annual report on the progress the carrier is making toward 
     complying with the requirements of this section and 
     regulations issued to carry out this section; and
       ``(2) the Secretary shall submit to Congress an annual 
     report on the progress being made toward that compliance.
       ``(e) Civil Turbojet Defined.--In the section, the term 
     `civil turbojet' means a civil aircraft that is a 
     turbojet.''.
       (b) Chapter Analysis Amendment.--The analysis for such 
     chapter is amended by striking the item relating to section 
     47529 and inserting the following:


[[Page S11981]]


``47529. Limitation on operating certain aircraft not complying with 
              stage 4 noise levels.
``47529A. Nonaddition rule.''.

       (c) Nonaddition Rule.--Section 47529A of such title (as 
     redesignated by subsection (a)(1)) is amended--
       (1) in subsection (a)--
       (A) by striking ``subsonic'';
       (B) by striking ``November 4, 1990'' and inserting 
     ``December 31, 2004'';
       (C) by striking ``stage 3'' and inserting ``stage 4''; and
       (D) by striking ``November 5, 1990'' and inserting 
     ``January 1, 2005'';
       (2) in subsection (b), by striking ``stage 3'' and 
     inserting ``stage 4''; and
       (3) in subsection (c)(1), by striking ``November 5, 1990'' 
     and inserting ``January 1, 2005''
       (d) Conforming Amendments.--Such chapter is further 
     amended--
       (1) in the chapter analysis by striking ``and 47529'' in 
     the item relating to section 47530 and inserting ``, 47529, 
     and 47529A'';
       (2) in section 47530--
       (A) by striking ``and 47529'' and inserting ``, 47529, and 
     47529A'';
       (B) by striking ``subsonic''; and
       (C) by striking ``November 4, 1990'' and inserting 
     ``December 31, 2004''; and
       (3) in section 47531, by inserting ``47529A,'' after 
     ``47529,''.
       (e) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that the amendments made by subsections (c), 
     (d)(2)(B), and (d)(2)(C) shall take effect on December 31, 
     2004.

 Mr. REED. Mr. President, I rise today to propose an amendment 
to the Federal Aviation Administration (FAA) Reauthorization bill 
because our nation has experienced an explosion in air travel this past 
decade. Air transportation is now as much a means of mass transit as 
automobiles and trains. Indeed, our economic good fortune and increased 
competition from air carriers has led to a buyer's market for 
passengers looking for affordable fares to countless destinations. 
While we are all amazed by the dramatic growth in the airline industry, 
we must also consider the ramifications that increased flights and 
aircraft noise have on the communities surrounding airport facilities.
  In my home state of Rhode Island, T.F. Green State Airport, our 
state's only major airport, has experienced tremendous expansion over 
the past several years. With more than 4 million passengers flying into 
and out of Rhode Island each year, representing a 100 percent increase 
over three years ago, the number of take offs and landings has likewise 
climbed. This has led to intolerable noise pollution for the airport's 
neighbors. Of course, this problem is not isolated to Rhode Island. In 
fact, cities and towns across the country are dealing with similar 
growing pains. While T.F. Green and numerous airport authorities in our 
nation are taking steps to insulate homes and other structures from the 
effects of aircraft noise, the problem cannot be eliminated entirely. 
And, we must not forget that there is only so much we can do on the 
ground to reduce noise. We must also deal with noise at its point of 
origin by researching and developing quieter jet engine technology.
  On December 31 of this year, the FAA will require that all civil 
aircraft comply with Stage 3 noise regulations. This requires that jet 
engines emit less noise through hushkit adaptations on older, noisier 
engines, or that air carriers invest in new and quieter Stage 3 
compliant engines. While this is a big step in the right direction, the 
deadline for compliance with Stage 3 must not end progress toward 
quieter jet engines, but mark the beginning of Stage 4 research.
  Currently, the FAA is working in cooperation and consultation with 
the International Civil Aviation Organization (ICAO) to define Stage 4 
noise levels and reach an agreement with ICAO member states on a plan 
for implementation of Stage 4 regulations. While this research is in 
its preliminary stages, our nation's aviation infrastructure must be 
ready to adopt Stage 4 rules to ensure quieter communities in which 
residents can enjoy their open spaces and where learning at schools is 
not interrupted every several minutes to defer to the roar of passing 
planes.
  Mr. President, my amendment would direct the Secretary of 
Transportation to report to Congress no later than December 31, 2002 
the findings of a study on aircraft noise problems in the United 
States, the status of negotiations between the FAA and ICAO on Stage 4 
noise levels, and the feasibility of proceeding with development and 
implementation of a timetable for air carrier compliance with Stage 4 
noise requirements.
  This amendment will ensure that both airport authorities and air 
carriers are aware of developments regarding Stage 4 activities, and 
that we move in an expeditious and deliberate manner to maintain the 
momentum we have gained toward making quieter both jet engines and the 
communities over which they fly.
                                 ______
                                 

                        VOINOVICH AMENDMENT 1906

  Mr. McCAIN (for Mr. Voinovich) proposed an amendment to the bill, S. 
82, supra; as follows:

       Strike section 437.
                                 ______
                                 

                COLLINS (AND OTHERS) AMENDMENT NO. 1907

  Ms. COLLINS (for herself, Mr. Burns, Mr. Baucus, Mr. Robb, Mr. 
Hollings, Mr. Rockefeller, Mr. Harkin, Mr. Enzi, Mr. Grassley, Mr. 
Johnson, and Mr. Thomas) proposed an amendment to the bill, S. 82, 
supra; as follows:

       At the appropriate place insert the following new section:

     SEC. ____01. AIRLINE DEREGULATION STUDY COMMISSION.

       (a) Establishment of Commission.--
       (1) Establishment.--There is established a commission to be 
     known as the Airline Deregulation Study Commission (in this 
     section referred to as the ``Commission'').
       (2) Membership.--
       (A) Composition.--Subject to subparagraph (B), the 
     Commission shall be composed of 15 members of whom--
       (i) 5 shall be appointed by the President;
       (ii) 5 shall be appointed by the President pro tempore of 
     the Senate, 3 upon the recommendation of the Majority Leader, 
     and 2 upon the recommendation of the Minority Leader of the 
     Senate; and
       (iii) 5 shall be appointed by the Speaker of the House of 
     Representatives, 3 upon the Speaker's own initiative, and 2 
     upon the recommendation of the Minority Leader of the House 
     of Representatives.
       (B) Members from rural areas.--
       (i) Requirement.--Of the individuals appointed to the 
     Commission under subparagraph (A)--

       (I) one of the individuals appointed under clause (i) of 
     that subparagraph shall be an individual who resides in a 
     rural area; and
       (II) two of the individuals appointed under each of clauses 
     (ii) and (iii) of that subparagraph shall be individuals who 
     reside in a rural area.

       (ii) Geographic distribution.--The appointment of 
     individuals under subparagraph (A) pursuant to the 
     requirement in clause (i) of this subparagraph shall, to the 
     maximum extent practicable, be made so as to ensure that a 
     variety of geographic areas of the country are represented in 
     the membership of the Commission.
       (C) Date.--The appointments of the members of the 
     Commission shall be made not later than 60 days after the 
     date of the enactment of this Act.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (4) 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.
       (5) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (6) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson.--The Commission shall select a Chairman 
     and Vice Chairperson from among its members.
       (b) Duties of the Commission.--
       (1) Study.--
       (A) Definitions.--In this subsection, the terms `air 
     carrier' and `air transportation' have the meanings given 
     those terms in section 40102(a).
       (B) Contents.--The Commission shall conduct a thorough 
     study of the impacts of deregulation of the airline industry 
     of the United States on--
       (i) the affordability, accessibility, availability, and 
     quality of air transportation, particularly in small-sized 
     and medium-sized communities;
       (ii) economic development and job creation, particularly in 
     areas that are underserved by air carriers;
       (iii) the economic viability of small-sized airports; and
       (iv) the long-term configuration of the United States 
     passenger air transportation system.
       (C) Measurement factors.--In carrying out the study under 
     this subsection, the Commission shall develop measurement 
     factors to analyze the quality of passenger air 
     transportation service provided by air carriers by 
     identifying the factors that are generally associated with 
     quality passenger air transportation service.
       (D) Business and leisure travel.--In conducting 
     measurements for an analysis of the affordability of air 
     travel, to the extent practicable, the Commission shall 
     provide for appropriate control groups and comparisons with 
     respect to business and leisure travel.

[[Page S11982]]

       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commission shall submit an interim 
     report to the President and Congress, and not later than 18 
     months after the date of the enactment of this Act, the 
     Commission shall submit a report to the President and 
     Congress. Each such report shall contain a detailed statement 
     of the findings and conclusions of the Commission, together 
     with its recommendations for such legislation and 
     administrative actions as it considers appropriate.
       (c) Powers of the Commission.--
       (1) 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 considers advisable 
     to carry out the duties of the Commission under this section.
       (2) Information from federal agencies.--The Commission 
     shall consult with the Comptroller General of the United 
     States and may secure directly from any Federal department or 
     agency such information as the Commission considers necessary 
     to carry out the duties of the Commission under this section. 
     Upon request of the Chairperson of the Commission, the head 
     of such department or agency shall furnish such information 
     to the Commission.
       (3) 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.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Commission Personnel Matters.--
       (1) 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.
       (2) Staff.--
       (A) 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.
       (B) 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.
       (3) 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.
       (4) 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.
       (e) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits its report under subsection (b).
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $950,000 for fiscal year 2000 to the Commission to carry out 
     this section.
       (2) Availability.--Any sums appropriated pursuant to the 
     authorization of appropriations in paragraph (1) shall remain 
     available until expended.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1908

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
amendment No. 1892 proposed by Mr. Gorton to the bill, S. 82, supra; as 
follows:

       On page 4, strike lines 1 through 8, and insert the 
     following:
       ``(k) Affiliated Carriers.--An air carrier that is 
     affiliated with a commuter air carrier, regardless of the 
     form of the corporate relationship between them, shall not be 
     treated as a new entrant or a limited incumbent for purposes 
     of this section, section 41717, 41718, or 41719.''.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1909

  Mr. McCAIN proposed an amendment to the bill, S. 82, supra; as 
follows:

       At the appropriate place, insert the following:

    TITLE  --FEDERAL AVIATION RESEARCH, ENGINEERING, AND DEVELOPMENT

     SEC.  01. AUTHORIZATION OF APPROPRIATIONS.

       Section 48102(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (4)(J);
       (2) by striking the period at the end of paragraph (5) and 
     inserting in lieu thereof a semicolon; and
       (3) by adding at the end the following:
       ``(6) $240,000,000 for fiscal year 2000;
       ``(7) $250,000,000 for fiscal year 2001; and
       ``(8) $260,000,000 for fiscal year 2002;''.

     SEC.  02. INTEGRATED NATIONAL AVIATION RESEARCH PLAN.

       (a) In General.--Section 44501(c) of title 49, United 
     States Code, is amended--
       (1) in paragraph (2)(B)--
       (A) by striking ``and'' at the end of clause (iii);
       (B) by striking the period at the end of clause (iv) and 
     inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following new clause:
       ``(v) highlight the research and development technology 
     transfer activities that promote technology sharing among 
     government, industry, and academia through the Stevenson-
     Wydler Technology Innovation Act of 1980.''; and
       (2) in paragraph (3), by inserting ``The report shall be 
     prepared in accordance with requirements of section 1116 of 
     title 31, United States Code.'' after ``effect for the prior 
     fiscal year.''.
       (b) Requirement.--Not later than March 1, 2000, the 
     Administrator of the National Aeronautics and Space 
     Administration and the Administrator of the Federal Aviation 
     Administration shall jointly prepare and transmit to the 
     Congress an integrated civil aviation research and 
     development plan.
       (c) Contents.--The plan required by subsection (b) shall 
     include--
       (1) an identification of the respective research and 
     development requirements, roles, and responsibilities of the 
     National Aeronautics and Space Administration and the Federal 
     Aviation Administration;
       (2) formal mechanisms for the timely sharing of information 
     between the National Aeronautics and Space Administration and 
     the Federal Aviation Administration; and
       (3) procedures for increased communication and coordination 
     between the Federal Aviation Administration research advisory 
     committee established under section 44508 of title 49, United 
     States Code, and the NASA Aeronautics and Space 
     Transportation Technology Advisory Committee.

     SEC.  03. INTERNET AVAILABILITY OF INFORMATION.

       The Administrator of the Federal Aviation Administration 
     shall make available through the Internet home page of the 
     Federal Aviation Administration the abstracts relating to all 
     research grants and awards made with funds authorized by the 
     amendments made by this Act. Nothing in this section shall be 
     construed to require or permit the release of any information 
     prohibited by law or regulation from being released to the 
     public.

     SEC.  04. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.

       Section 44504(b)(1) of title 49, United States Code, is 
     amended by inserting ``, including nonstructural aircraft 
     systems,'' after ``life of aircraft''.

     SEC.  05. POST FREE FLIGHT PHASE I ACTIVITIES.

       No later than May 1, 2000, the Administrator of the Federal 
     Aviation Administration shall tranmsit to Congress a 
     definitive plan for the continued implementation of Free 
     Flight Phase I operational capabilities for fiscal years 2003 
     through 2005. The plan shall include and address the 
     recommendations concerning operational capabilities for 
     fiscal years 2003 through 2005 due to be made by the RTCA 
     Free Flight Steering Committee in December 1999 that was 
     established at the direction of the Federal Aviation 
     Administration. The plan shall also include budget estimates 
     for the implementation of these operational capabilities.

     SEC.  06. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

       The Administrator of the Federal Aviation Administration 
     shall consider awards to nonprofit concrete pavement research 
     foundations to improve the design, construction, 
     rehabilitation, and repair of rigid concrete airfield 
     pavements to aid in the development of safer, more cost-
     effective, and durable airfield pavements. The Administrator 
     may use a grant or cooperative agreement for this purpose. 
     Nothing in this section shall require the Administrator to 
     prioritize an airfield payment research program above safety, 
     security, Flight 21, environment, or energy research 
     programs.

     SEC.  07. SENSE OF SENATE REGARDING PROTECTING THE FREQUENCY 
                   SPECTRUM USED FOR AVIATION COMMUNICATION.

       It is the sense of the Senate that with the World Radio 
     Communication Conference scheduled to begin in May, 2000, and 
     the need to ensure that the frequency spectrum available for 
     aviation communication and navigation is adequate, the 
     Federal Aviation Administration should--
       (1) give high priority to developing a national policy to 
     protect the frequency spectrum used for the Global 
     Positioning System that is critical to aviation 
     communications and the safe operation of aircraft; and
       (2) expedite the appointment of the United States 
     Ambassador to the World Radio Communication Conference.

     SEC.  08. STUDY.

       The Secretary shall conduct a study to evaluate the 
     applicability of the techniques used to fund and administer 
     research under the National Highway Cooperative Research 
     Program and the National Transmit Research Program to the 
     research needs of airports.


[[Page S11983]]


                                 ______
                                 

                  ROBB (AND OTHERS) AMENDMENT NO. 1910

  Mr. ROBB (for himself, Mr. Sarbanes, and Ms. Mikulski) submitted an 
amendment intended to be proposed by them to the bill, S. 82, supra; as 
follows:

       Beginning on page 153, strike line 1 and all that follows 
     through line 21 on page 159.
                                 ______
                                 

                        FEINSTEIN AMENDMENT 1911

  Mr. McCAIN (for Mrs. Feinstein) proposed an amendment to the bill, S. 
82, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. STUDY OF OUTDOOR AIR, VENTILATION, AND 
                   RECIRCULATION AIR REQUIREMENTS FOR PASSENGER 
                   CABINS IN COMMERCIAL AIRCRAFT.

       (a) Definitions.--In this section, the terms ``air 
     carrier'' and ``aircraft'' have the meanings given those 
     terms in section 40102 of title 49, United States Code.
       (b) In General.--As soon as practicable after the date of 
     enactment of this section, the Secretary of Transportation 
     (referred to in this section as the ``Secretary'') shall 
     conduct a study of sources of air supply contaminants of 
     aircraft and air carriers to develop alternatives to replace 
     engine and auxiliary power unit bleed air as a source of air 
     supply. To carry out this paragraph, the Secretary may enter 
     into an agreement with the Director of the National Academy 
     of Sciences for the National Research Council to conduct the 
     study.
       (c)  Availability of Information.--Upon completion of the 
     study under this section in one year's time, the 
     Administrator of the Federal Aviation Administration shall 
     make available the results of the study to air carriers 
     through the Aviation Consumer Protection Division of the 
     Office of the General Counsel for the Department of 
     Transportation.
                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 1912-1913

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted two amendments intended to be proposed by 
him to the bill, S. 82, supra; as follows:

                           Amendment No. 1912

       At the appropriate place, insert the following new title:

                     TITLE ____--AIRSPACE REDESIGN

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Airspace Redesign 
     Enhancement Act of 1999''.

     SEC. ____02. EXPEDITED REDESIGN OF CERTAIN AIRSPACE.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, but not later than 2 years after that 
     date, the Administrator of the Federal Aviation 
     Administration shall, as part of the national airspace 
     redesign activities of the Federal Aviation Administration, 
     redesign the airspace over the New Jersey and New York 
     metropolitan area.
       (b) Computer Models.--At the same time as the Administrator 
     of the Federal Aviation Administration carries out the 
     activities under subsection (a), the Administrator shall 
     develop and implement computer models that provide for a 
     variety of departure and arrival profiles for aircraft in the 
     New Jersey and New York metropolitan area, including profiles 
     for--
       (1) higher altitudes;
       (2) unrestricted climbs; and
       (3) ocean routing.

     SEC. ____03. AUTHORIZATION OF APPROPRIATIONS.

       To carry out section ____02, there shall be available to 
     the Administrator of the Federal Aviation Administration out 
     of the Airport and Airway Trust Fund established under 
     section 9502 of the Internal Revenue Code of 1986, $6,000,000 
     for each of fiscal years 2000 and 2001.
                                  ____


                           Amendment No. 1913

       At the end of title IV of the Manager's substitute 
     amendment, add the following:

     SEC. 454. SENSE OF CONGRESS REGARDING CONSIDERATION OF OCEAN 
                   ROUTING PROCEDURES IN THE REDESIGN THE EASTERN 
                   REGION AIRSPACE.

       It is the sense of Congress that the Administrator of the 
     Federal Aviation Administration should ensure that--
       (1) ocean routing procedures are considered in the efforts 
     to redesign the Eastern Region Airspace that ongoing as of 
     the date of the enactment of this Act; and
       (2) community groups are involved in the redesign process 
     to the maximum extent practicable.
                                 ______
                                 

               TORRICELLI (AND OTHERS) AMENDMENT NO. 1914

  Mr. McCAIN (for Mr. Torricelli (for himself, Mr. Moynihan, Mrs. 
Murray, Mr. Robb, and Mr. Reed)) proposed an amendment to the bill, S. 
82, supra; as follows:

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

     SEC. 4____. STUDY.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall submit a study on airport noise to 
     Congress, the Secretary of Transportation, and the 
     Administrator of the Federal Aviation Administration.
       (b) Areas of Study.--The study shall examine--
       (1) the selection of noise measurement methodologies used 
     by the Administrator of the Federal Aviation Administration;
       (2) the threshold of noise at which health impacts are 
     felt;
       (3) the effectiveness of noise abatement programs at 
     airports around the United States; and
       (4) the impacts of aircraft noise on students and educators 
     in schools.
       (c) Recommendations.--The study shall include specific 
     recommendations to the Secretary of Transportation and the 
     Administrator of the Federal Aviation Administration 
     concerning new measures that should be implemented to 
     mitigate the impact of aircraft noise on communities 
     surrounding airports.
                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 1915-1919

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted five amendments intended to be proposed by 
him to the bill, S. 82, supra; as follows:

                           Amendment No. 1915

       On page 8, between lines 12 and 13, insert the following:
       (c) Demonstration Project.--
       (1) Covered local government.--In this subsection, the term 
     ``covered local government'' means a local government that--
       (A) is not an airport operator (as that term is defined in 
     section 150.7 of title 14, Code of Federal Regulations); and
       (B) has jurisdiction in the vicinity of Newark 
     International Airport.
       (2) Demonstration project.--The Secretary of Transportation 
     (referred to in this subsection as the ``Secretary'') shall 
     carry out a demonstration project to provide grants to 
     covered local governments to carry out noise abatement 
     activities (including soundproofing buildings) to mitigate 
     noise attributable to an airport.
       (3) Grants.--
       (A) In general.--Under the demonstration project under this 
     subsection, the Secretary shall, subject to the availability 
     of funds, award a grant to each local government that submits 
     an application that is satisfactory to the Secretary to carry 
     out a noise abatement activity referred to in paragraph (2).
       (B) Application requirements.--Each application submitted 
     to the Secretary under this paragraph shall contain 
     documentation (in a manner and form that is satisfactory to 
     the Secretary) that demonstrates--
       (i) adverse effects caused by noise resulting from a large 
     number of single-event flights (particularly single-event 
     flights that occur between 10:00 P.M. and 7:00 A.M.); and
       (ii) complaints by residents of the geographic area with 
     respect to which the local government has jurisdiction 
     concerning the noise described in clause (i).
       (4) Funding.--Notwithstanding any other provision of law, 
     to fund the demonstration project under this subsection, the 
     Secretary shall use a portion of the amounts made available 
     to the Secretary for noise compatibility planning and noise 
     compatibility programs under section 48103 of title 49, 
     United States Code, that would otherwise be used to carry out 
     section 47504(c) or 47505(a)(2) of that title.
                                  ____


                           Amendment No. 1916

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

     SEC. 4____. REPORTING OF TOXIC CHEMICAL RELEASES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall promulgate regulations requiring each 
     airport that regularly serves commercial or military jet 
     aircraft to report, under section 313 of the Emergency 
     Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
     11023) and section 6607 of the Pollution Prevention Act of 
     1990 (42 U.S.C. 13106), releases and other waste management 
     activities associated with the manufacturing, processing, or 
     other use of toxic chemicals listed under section 313 of the 
     Emergency Planning and Community Right-To-Know Act of 1986 
     (42 U.S.C. 11023), including toxic chemicals manufactured, 
     processed, or otherwise used--
       (1) during operation and maintenance of aircraft and other 
     motor vehicles at the airport; and
       (2) in the course of other airport and airline activities.
       (b) Treatment as a Facility.--For the purpose of subsection 
     (a), an airport shall be considered to be a facility as 
     defined in section 329 of the Emergency Planning and 
     Community Right-To-Know Act of 1986 (42 U.S.C. 11049).
       (c) Funding.--The Administrator of the Environmental 
     Protection Agency shall carry out this section using existing 
     funds available to the Administrator.
                                  ____


                           Amendment No. 1917

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

     SEC. 4____. RIGHT TO KNOW ABOUT AIRPORT POLLUTION.

       (a) Findings.--Congress finds that--

[[Page S11984]]

       (1) the serious ground level ozone, noise, water pollution, 
     and solid waste disposal problems attendant to airport 
     operations require a thorough evaluation of all significant 
     sources of pollution;
       (2) the Clean Air Act (42 U.S.C. 7401 et seq.)--
       (A) requires each State to reduce emissions contributing to 
     ground level ozone problems and maintain those reductions; 
     and
       (B) requires the Administrator of the Environmental 
     Protection Agency to study, in addition to other sources, the 
     effects of sporadic, extreme noise (such as jet noise near 
     airports) on public health and welfare;
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) establishes a regulatory and enforcement program for 
     discharges of wastes into waters;
       (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
     establishes primary drinking water standards and a ground 
     water control program;
       (5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
     regulates management and disposal of solid and hazardous 
     waste;
       (6) a study of air pollution problems in California--
       (A) has determined that airports are significant sources of 
     air pollution; and
       (B) has led to the creation of an airport bubble concept; 
     and
       (7) the airport bubble concept is an approach that--
       (A) treats an airport and the area within a specific radius 
     around the airport as a single source of pollution that emits 
     a range of pollutants, including air, noise, water, and solid 
     waste; and
       (B) seeks, by implementation of specific programs or 
     regulations, to reduce the pollution from each source within 
     the bubble and thereby reduce the overall pollution in that 
     area.
       (b) Purpose.--The purpose of this section is to require the 
     Administrator to conduct--
       (1) a feasibility study for applying airport bubbles to 
     airports as a method of assessing and reducing, where 
     appropriate, air, noise, water, and solid waste pollution in 
     and around the airports and improving overall environmental 
     quality; and
       (2) a study of air pollutant emission standards established 
     by the Environmental Protection Agency for airplane engines 
     to determine whether it is feasible and desirable to 
     strengthen the standards.
       (c) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Airport bubble.--The term ``airport bubble'' means an 
     area--
       (A) in and around an airport (or other facility using 
     aircraft) within which sources of pollution and levels of 
     pollution from those sources are to be identified and 
     reduced; and
       (B) containing a variety of types of air, noise, water, and 
     solid waste sources of pollution in which the aggregate of 
     each type of pollutant from the respective sources is 
     regulated as if the various sources were a single source.
       (d) Study of Using Airport Bubbles.--
       (1) In general.--The Administrator shall conduct a study to 
     determine the feasibility of regulating air, noise, water, 
     and solid waste pollution from all sources in and around 
     airports using airport bubbles.
       (2) Working group.--In conducting the study, the 
     Administrator shall establish and consult with a working 
     group comprised of--
       (A) the Administrator of the Federal Aviation 
     Administration (or a designee);
       (B) the Secretary of Defense (or a designee);
       (C) the Secretary of Transportation (or a designee);
       (D) a representative of air quality districts;
       (E) a representative of environmental research groups;
       (F) a representative of State Audubon Societies;
       (G) a representative of the Sierra Club;
       (H) a representative of the Nature Conservancy;
       (I) a representative of port authorities of States;
       (J) an airport manager;
       (K) a representative of commanding officers of military air 
     bases and stations;
       (L) a representative of the bus lines that serve airports 
     who is familiar with the emissions testing and repair records 
     of those buses, the schedules of those lines, and any 
     problems with delays in service caused by traffic congestion;
       (M) a representative of the taxis and limousines that serve 
     airports who is familiar with the emissions testing and 
     repair records of the taxis and limousines and the volume of 
     business generated by the taxis and limousines;
       (N) a representative of local law enforcement agencies or 
     other entities responsible for traffic conditions in and 
     around airports;
       (O) a representative of the Air Transport Association;
       (P) a representative of the Airports Council International-
     North America;
       (Q) a representative of environmental specialists from 
     airport authorities; and
       (R) a representative from an aviation union representing 
     ground crews.
       (3) Required elements.--In conducting the study, the 
     Administrator shall--
       (A) collect, analyze, and consider information on the 
     variety of stationary and mobile sources of air, noise, 
     water, and solid waste pollution within airport bubbles 
     around airports in the United States, including--
       (i) aircraft, vehicles, and equipment that service aircraft 
     (including main and auxiliary engines); and
       (ii) buses, taxis, and limousines that serve airports;
       (B) study a statistically significant number of airports 
     serving commercial aviation in a manner designed to obtain a 
     representative sampling of such airports;
       (C) consider all relevant information that is available, 
     including State implementation plans under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) and airport master plans;
       (D) consider the air quality implications of airport and 
     ground and in-flight aircraft operations, such as routing and 
     delays;
       (E) assess the role of airports in interstate and 
     international travel and commerce and the environmental and 
     economic impact of regulating airports as significant sources 
     of air, noise, water, and solid waste pollution;
       (F) propose boundaries of the areas to be included within 
     airport bubbles;
       (G) propose a definition of air pollutant emissions for 
     airport bubbles that includes hydrocarbons, volatile organic 
     compounds, and other ozone precursors targeted for reduction 
     under Federal air pollution law;
       (H) develop an inventory of each source of air, noise, 
     water, and solid waste pollution to be regulated within 
     airport bubbles and the level of reduction for each source;
       (I) list and evaluate programs that might be implemented to 
     reduce air, noise, water, and solid waste pollution within 
     airport bubbles and the environmental and economic impact of 
     each of the programs, including any changes to Federal or 
     State law (including regulations) that would be required for 
     implementation of each of the programs;
       (J) evaluate the feasibility of regulating air, noise, 
     water, and solid waste pollutants in and around airports 
     using airport bubbles and make recommendations regarding 
     which programs should be included in an effective 
     implementation of airport bubble methodology; and
       (K) address the issues of air and noise pollution source 
     identification and regulation that are unique to military air 
     bases and stations.
       (4) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results and recommendations 
     of the study required by this subsection.
       (e) Study of Emission Standards for Airplane Engines.--
       (1) In general.--The Administrator shall conduct a study of 
     air pollutant emission standards established by the 
     Environmental Protection Agency for airplane engines to 
     determine whether it is feasible and desirable to strengthen 
     the standards.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results and recommendations 
     of the study required by this subsection.
       (f) Progress Reports.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter until the 
     reports under subsections (d) and (e) are submitted, the 
     Administrator shall submit to Congress a report that details 
     the progress being made by the Administrator in carrying out 
     subsections (d) and (e).
       (g) Funding.--The Administrator shall carry out this 
     section using existing funds available to the Administrator.
                                  ____


                           Amendment No. 1918

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

     SEC. 4____. RIGHT TO KNOW ABOUT AIRPORT POLLUTION.

       (a) Findings.--Congress finds that--
       (1) the serious ground level ozone, noise, water pollution, 
     and solid waste disposal problems attendant to airport 
     operations require a thorough evaluation of all significant 
     sources of pollution;
       (2) the Clean Air Act (42 U.S.C. 7401 et seq.)--
       (A) requires each State to reduce emissions contributing to 
     ground level ozone problems and maintain those reductions; 
     and
       (B) requires the Administrator of the Environmental 
     Protection Agency to study, in addition to other sources, the 
     effects of sporadic, extreme noise (such as jet noise near 
     airports) on public health and welfare;
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) establishes a regulatory and enforcement program for 
     discharges of wastes into waters;
       (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
     establishes primary drinking water standards and a ground 
     water control program;
       (5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
     regulates management and disposal of solid and hazardous 
     waste;
       (6) a study of air pollution problems in California--
       (A) has determined that airports are significant sources of 
     air pollution; and
       (B) has led to the creation of an airport bubble concept; 
     and
       (7) the airport bubble concept is an approach that--
       (A) treats an airport and the area within a specific radius 
     around the airport as a single source of pollution that emits 
     a range of pollutants, including air, noise, water, and solid 
     waste; and
       (B) seeks, by implementation of specific programs or 
     regulations, to reduce the pollution from each source within 
     the bubble and

[[Page S11985]]

     thereby reduce the overall pollution in that area.
       (b) Purpose.--The purpose of this section is to require the 
     Administrator to conduct--
       (1) a feasibility study for applying airport bubbles to 
     airports as a method of assessing and reducing, where 
     appropriate, air, noise, water, and solid waste pollution in 
     and around the airports and improving overall environmental 
     quality; and
       (2) a study of air pollutant emission standards established 
     by the Environmental Protection Agency for airplane engines 
     to determine whether it is feasible and desirable to 
     strengthen the standards.
       (c) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Airport bubble.--The term ``airport bubble'' means an 
     area--
       (A) in and around an airport (or other facility using 
     aircraft) within which sources of pollution and levels of 
     pollution from those sources are to be identified and 
     reduced; and
       (B) containing a variety of types of air, noise, water, and 
     solid waste sources of pollution in which the aggregate of 
     each type of pollutant from the respective sources is 
     regulated as if the various sources were a single source.
       (d) Study of Using Airport Bubbles.--
       (1) In general.--The Administrator shall conduct a study to 
     determine the feasibility of regulating air, noise, water, 
     and solid waste pollution from all sources in and around 
     airports using airport bubbles.
       (2) Working group.--In conducting the study, the 
     Administrator shall establish and consult with a working 
     group comprised of--
       (A) the Administrator of the Federal Aviation 
     Administration (or a designee);
       (B) the Secretary of Defense (or a designee);
       (C) the Secretary of Transportation (or a designee);
       (D) a representative of air quality districts;
       (E) a representative of environmental research groups;
       (F) a representative of State Audubon Societies;
       (G) a representative of the Sierra Club;
       (H) a representative of the Nature Conservancy;
       (I) a representative of port authorities of States;
       (J) an airport manager;
       (K) a representative of commanding officers of military air 
     bases and stations;
       (L) a representative of the bus lines that serve airports 
     who is familiar with the emissions testing and repair records 
     of those buses, the schedules of those lines, and any 
     problems with delays in service caused by traffic congestion;
       (M) a representative of the taxis and limousines that serve 
     airports who is familiar with the emissions testing and 
     repair records of the taxis and limousines and the volume of 
     business generated by the taxis and limousines;
       (N) a representative of local law enforcement agencies or 
     other entities responsible for traffic conditions in and 
     around airports;
       (O) a representative of the Air Transport Association;
       (P) a representative of the Airports Council International-
     North America;
       (Q) a representative of environmental specialists from 
     airport authorities; and
       (R) a representative from an aviation union representing 
     ground crews.
       (3) Required elements.--In conducting the study, the 
     Administrator shall--
       (A) collect, analyze, and consider information on the 
     variety of stationary and mobile sources of air, noise, 
     water, and solid waste pollution within airport bubbles 
     around airports in the United States, including--
       (i) aircraft, vehicles, and equipment that service aircraft 
     (including main and auxiliary engines); and
       (ii) buses, taxis, and limousines that serve airports;
       (B) study a statistically significant number of airports 
     serving commercial aviation in a manner designed to obtain a 
     representative sampling of such airports;
       (C) consider all relevant information that is available, 
     including State implementation plans under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) and airport master plans;
       (D) consider the air quality implications of airport and 
     ground and in-flight aircraft operations, such as routing and 
     delays;
       (E) assess the role of airports in interstate and 
     international travel and commerce and the environmental and 
     economic impact of regulating airports as significant sources 
     of air, noise, water, and solid waste pollution;
       (F) propose boundaries of the areas to be included within 
     airport bubbles;
       (G) propose a definition of air pollutant emissions for 
     airport bubbles that includes hydrocarbons, volatile organic 
     compounds, and other ozone precursors targeted for reduction 
     under Federal air pollution law;
       (H) develop an inventory of each source of air, noise, 
     water, and solid waste pollution to be regulated within 
     airport bubbles and the level of reduction for each source;
       (I) list and evaluate programs that might be implemented to 
     reduce air, noise, water, and solid waste pollution within 
     airport bubbles and the environmental and economic impact of 
     each of the programs, including any changes to Federal or 
     State law (including regulations) that would be required for 
     implementation of each of the programs;
       (J) evaluate the feasibility of regulating air, noise, 
     water, and solid waste pollutants in and around airports 
     using airport bubbles and make recommendations regarding 
     which programs should be included in an effective 
     implementation of airport bubble methodology; and
       (K) address the issues of air and noise pollution source 
     identification and regulation that are unique to military air 
     bases and stations.
       (4) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results and recommendations 
     of the study required by this subsection.
       (e) Study of Emission Standards for Airplane Engines.--
       (1) In general.--The Administrator shall conduct a study of 
     air pollutant emission standards established by the 
     Environmental Protection Agency for airplane engines to 
     determine whether it is feasible and desirable to strengthen 
     the standards.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results and recommendations 
     of the study required by this subsection.
       (f) Progress Reports.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter until the 
     reports under subsections (d) and (e) are submitted, the 
     Administrator shall submit to Congress a report that details 
     the progress being made by the Administrator in carrying out 
     subsections (d) and (e).
       (g) Study on Airport Noise.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit a study 
     on airport noise to Congress, the Secretary of 
     Transportation, and the Administrator of the Federal Aviation 
     Administration.
       (2) Areas of study.--The study shall examine--
       (A) the selection of noise measurement methodologies used 
     by the Administrator of the Federal Aviation Administration;
       (B) the threshold of noise at which health impacts are 
     felt; and
       (C) the effectiveness of noise abatement programs at 
     airports around the United States.
       (3) Recommendations.--The study shall include specific 
     recommendations to the Secretary of Transportation and the 
     Administrator of the Federal Aviation Administration 
     concerning new measures that should be implemented to 
     mitigate the impact of aircraft noise on communities 
     surrounding airports.
       (h) Funding.--The Administrator shall carry out this 
     section using existing funds available to the Administrator.
                                  ____


                           Amendment No. 1919

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

     SEC. 4____. QUIET COMMUNITIES.

       (a) Findings.--Congress finds that--
       (1)(A) for too many citizens of the United States, noise 
     from aircraft, vehicular traffic, and a variety of other 
     sources is a constant source of torment; and
       (B) nearly 20,000,000 citizens of the United States are 
     exposed to noise levels that can lead to psychological and 
     physiological damage, and another 40,000,000 people are 
     exposed to noise levels that cause sleep or work disruption;
       (2)(A) chronic exposure to noise has been linked to 
     increased risk of cardiovascular problems, strokes, and 
     nervous disorders; and
       (B) excessive noise causes sleep deprivation and task 
     interruptions, which pose untold costs on society in 
     diminished worker productivity;
       (3)(A) to carry out the Clean Air Act (42 U.S.C. 7401 et 
     seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 et 
     seq.), and section 8 of the Quiet Communities Act of 1978 (92 
     Stat. 3084), the Administrator of the Environmental 
     Protection Agency established an Office of Noise Abatement 
     and Control;
       (B) the responsibilities of the Office of Noise Abatement 
     and Control included promulgating noise emission standards, 
     requiring product labeling, facilitating the development of 
     low emission products, coordinating Federal noise reduction 
     programs, assisting State and local abatement efforts, and 
     promoting noise education and research; and
       (C) funding for the Office of Noise Abatement and Control 
     was terminated in 1982, and no funds have been provided 
     since;
       (4) because of the lack of funding for the Office of Noise 
     Abatement and Control, and because the Noise Control Act of 
     1972 (42 U.S.C. 4901 et seq.) prohibits State and local 
     governments from regulating noise sources in many situations, 
     noise abatement programs across the United States lie 
     dormant;
       (5) as the population grows and air and vehicle traffic 
     continues to increase, noise pollution is likely to become an 
     even greater problem in the future; and
       (6) the health and welfare of the citizens of the United 
     States demands that the Environmental Protection Agency once 
     again assume a role in combating noise pollution.
       (b) Transfer of Noise Abatement Duties.--Section 402 of the 
     Noise Pollution and Abatement Act of 1970 (42 U.S.C. 7641) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by redesignating subparagraphs (A) 
     through (G) as clauses (i) through (vii) and indenting 
     appropriately; and

[[Page S11986]]

       (B) by striking ``(a) The Administrator'' and all that 
     follows through ``(2) determine--'' and inserting the 
     following:
       ``(a) Duties Relating to Noise Abatement and Control.--The 
     Administrator shall assign to the Office of Air and Radiation 
     the duties--
       ``(1) to coordinate Federal noise abatement activities;
       ``(2) to update or develop noise standards;
       ``(3) to provide technical assistance to local communities;
       ``(4) to promote research and education on the impacts of 
     noise pollution; and
       ``(5) to carry out a complete investigation and study of 
     noise and its effect on the public health and welfare in 
     order to--
       ``(A) identify and classify causes and sources of noise; 
     and
       ``(B) determine--''; and
       (2) by adding at the end the following:
       ``(d) Emphasized Approaches.--In carrying out paragraphs 
     (1) through (4) of subsection (a), the Administrator shall 
     emphasize noise abatement approaches that rely on State and 
     local activity, market incentives, and coordination with 
     other public and private agencies.''.
       (c) Authorization of Appropriations.--Section 403 of the 
     Noise Pollution and Abatement Act of 1970 (42 U.S.C. 7642) is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``There is''; 
     and
       (2) by adding at the end the following:
       ``(b) Additional Amounts.--In addition to amounts made 
     available under subsection (a), there are authorized to be 
     appropriated to carry out this title--
       ``(1) $5,000,000 for each of fiscal years 2000, 2001, and 
     2002; and
       ``(2) $8,000,000 for each of fiscal years 2003 and 2004.''.
       (d) Conforming Amendments.--Section 7(b) of the 
     Environmental Research, Development, and Demonstration 
     Authorization Act of 1978 (42 U.S.C. 4364(b)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) the Office of Air and Radiation, for air quality and 
     noise abatement activities;'';
       (2) in paragraph (5), by inserting ``and'' at the end;
       (3) in paragraph (6), by striking ``; and'' and inserting a 
     period; and
       (4) by striking paragraph (7).
                                 ______
                                 

                        BOXER AMENDMENT NO. 1920

  Mr. McCAIN (for Mrs. Boxer) proposed an amendment to the bill, S. 82, 
supra; as follows:

       Insert on page 126, line 16, a new subsection (f) and 
     renumber accordingly,
       ``(f) Technical Assistance.--
       (1) In general.--Participants carrying out inherently low-
     emission vehicle activities under this pilot program may use 
     no less than 10 percent of the amounts made available for 
     expenditure at the airport under the pilot program to receive 
     technical assistance in carrying out such activities.
       (2) Eligible consortium.--To the maximum extent 
     practicable, participants in the pilot program shall use in 
     an eligible consortium (as defined in section 5506 of this 
     title) in the region of the airport to receive technical 
     assistance described in paragraph (1).
       (3) Planning assistance.--The Administrator may provide 
     $500,000 from funds made available under section 48103 to a 
     multi-state western regional technology consortium for the 
     purposes of developing for dissemination prior to the 
     commencement of the pilot program a comprehensive best 
     practices planning guide that addresses appropriate 
     technologies, environmental and economic impacts, an the role 
     of planning and mitigation strategies.
                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 1921

  Mr. LAUTENBERG proposed an amendment to the bill S. 82, supra; as 
follows:

       At the end of the bill, add the following:

                 TITLE ____--TRANSPORTATION OF ANIMALS

     SEC. __01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Safe Air 
     Travel for Animals Act''.
       (b) Table of Contents.--The table of contents of this title 
     is as follows:

Sec. __01. Short title; table of contents.
Sec. __02. Findings.

                       Subtitle A--Animal Welfare

Sec. __11. Definition of transport.
Sec. __12. Information on incidence of animals in air transport.
Sec. __13. Reports by carriers on incidents involving animals during 
              air transport.
Sec. __14. Annual reports.

                       Subtitle B--Transportation

Sec. __21. Policies and procedures for transporting animals.
Sec. __22. Civil penalties and compensation for loss, injury, or death 
              of animals during air transport.
Sec. __23. Cargo hold improvements to protect animal health and safety.

     SEC. __02. FINDINGS.

       Congress finds that--
       (1) animals are live, sentient creatures, with the ability 
     to feel pain and suffer;
       (2) it is inappropriate for animals transported by air to 
     be treated as baggage;
       (3) according to the Air Transport Association, over 
     500,000 animals are transported by air each year and as many 
     as 5,000 of those animals are lost, injured, or killed;
       (4) most injuries to animals traveling by airplane are due 
     to mishandling by baggage personnel, severe temperature 
     fluctuations, insufficient oxygen in cargo holds, or damage 
     to kennels;
       (5) there are no Federal requirements that airlines report 
     incidents of animal loss, injury, or death;
       (6) members of the public have no information to use in 
     choosing an airline based on its record of safety with regard 
     to transporting animals;
       (7) the last congressional action on animals transported by 
     air was conducted over 22 years ago; and
       (8) the conditions of cargo holds of airplanes must be 
     improved to protect the health, and ensure the safety, of 
     transported animals.

                       Subtitle A--Animal Welfare

     SEC. __11. DEFINITION OF TRANSPORT.

       Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is 
     amended by adding at the end the following:
       ``(p) Transport.--The term `transport', when used with 
     respect to the air transport of an animal by a carrier, means 
     the transport of the animal during the period the animal is 
     in the custody of the carrier, from check-in of the animal 
     prior to departure until the animal is returned to the owner 
     or guardian of the animal at the final destination of the 
     animal.''.

     SEC. __12. INFORMATION ON INCIDENCE OF ANIMALS IN AIR 
                   TRANSPORT.

       Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is 
     amended--
       (1) by striking ``Sec. 6. Every'' and inserting the 
     following:

     ``SEC. 6. REGISTRATION.

       ``(a) In General.--Each''; and
       (2) by adding at the end the following:
       ``(b) Information on Incidence of Animals in Air 
     Transport.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall require 
     each airline carrier to--
       ``(1) submit to the Secretary real-time information (as the 
     information becomes available, but at least 24 hours in 
     advance of a departing flight) on each flight that will be 
     carrying a live animal, including--
       ``(A) the flight number;
       ``(B) the arrival and departure points of the flight;
       ``(C) the date and times of the flight; and
       ``(D) a description of the number and types of animals 
     aboard the flight; and
       ``(2) ensure that the flight crew of an aircraft is 
     notified of the number and types of animals, if any, on each 
     flight of the crew.''.

     SEC. __13. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS 
                   DURING AIR TRANSPORT.

       Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is 
     amended by adding at the end the following:
       ``(e) Reports by Carriers on Incidents Involving Animals 
     During Air Transport.--
       ``(1) In general.--An airline carrier that causes, or is 
     otherwise involved in or associated with, an incident 
     involving the loss, injury, death or mishandling of an animal 
     during air transport shall submit a report to the Secretary 
     of Agriculture and the Secretary of Transportation that 
     provides a complete description of the incident.
       ``(2) Administration.--Not later than 90 days after the 
     date of enactment of this subsection, the Secretary of 
     Agriculture, in consultation with the Secretary of 
     Transportation, shall issue regulations that specify--
       ``(A) the type of information that shall be included in a 
     report required under paragraph (1), including--
       ``(i) the date and time of an incident;
       ``(ii) the location and environmental conditions of the 
     incident site;
       ``(iii) the probable cause of the incident; and
       ``(iv) the remedial action of the carrier; and
       ``(B) a mechanism for notifying the public concerning the 
     incident.
       ``(3) Consumer information.--The Secretary of 
     Transportation shall include information received under 
     paragraph (1) in the Air Travel Consumer Reports and other 
     consumer publications of the Department of Transportation in 
     a separate category of information.
       ``(4) Consumer complaints.--Not later than 15 days after 
     receiving a consumer complaint concerning the loss, injury, 
     death or mishandling of an animal during air transport, the 
     Secretary of Transportation shall provide a description of 
     the complaint to the Secretary of Agriculture.''.

     SEC. __14. ANNUAL REPORTS.

       Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is 
     amended in the first sentence--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) a summary of--
       ``(A) incidents involving the loss, injury, or death of 
     animals transported by airline carriers; and
       ``(B) consumer complaints regarding the incidents.''.

                       Subtitle B--Transportation

     SEC. __21. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS.

       (a) In General.--Subchapter I of chapter 417 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

[[Page S11987]]

     ``Sec. 41716. Policies and procedures for transporting 
       animals

       ``An air carrier shall establish and include in each 
     contract of carriage under part 253 of title 14, Code of 
     Federal Regulations (or any successor regulation) policies 
     and procedures of the carrier for transporting animals 
     safely, including--
       ``(1) training requirements for airline personnel in the 
     proper treatment of animals being transported;
       ``(2) information on the risks associated with air travel 
     for animals;
       ``(3) a description of the conditions under which animals 
     are transported;
       ``(4) the safety record of the carrier with respect to 
     transporting animals; and
       ``(5) plans for handling animals prior to and after flight, 
     and when there are flight delays or other circumstances that 
     may affect the health or safety of an animal during 
     transport.''.
       (b) Table of Contents.--The analysis for chapter 417 of 
     title 49, United States Code, is amended by adding at the end 
     of the items relating to subchapter I the following:

``41716. Policies and procedures for transporting animals.''.

     SEC. __22. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY, 
                   OR DEATH OF ANIMALS DURING AIR TRANSPORT.

       (a) In General.--Chapter 463 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 46317. Civil penalties and compensation for loss, 
       injury, or death of animals during air transport

       ``(a) Definitions.--In this section:
       ``(1) Carrier.--The term `carrier' means a person 
     (including any employee, contractor, or agent of the person) 
     operating an aircraft for the transportation of passengers or 
     property for compensation.
       ``(2) Transport.--The term `transport', when used with 
     respect to the air transport of an animal by a carrier, means 
     the transport of the animal during the period the animal is 
     in the custody of a carrier, from check-in of the animal 
     prior to departure until the animal is returned to the owner 
     or guardian of the animal at the final destination of the 
     animal.
       ``(b) Civil Penalties.--
       ``(1) In general.--The Secretary may assess a civil penalty 
     of not more than $5,000 for each violation on, or issue a 
     cease and desist order against, any carrier that causes, or 
     is otherwise involved in or associated with, the loss, 
     injury, or death of an animal during air transport.
       ``(2) Cease and desist orders.--A carrier who knowingly 
     fails to obey a cease and desist order issued by the 
     Secretary under this subsection shall be subject to a civil 
     penalty of $1,500 for each offense.
       ``(3) Separate offenses.--For purposes of determining the 
     amount of a penalty imposed under this subsection, each 
     violation and each day during which a violation continues 
     shall be a separate offense.
       ``(4) Factors.--In determining whether to assess a civil 
     penalty under this subsection and the amount of the civil 
     penalty, the Secretary shall consider--
       ``(A) the size and financial resources of the business of 
     the carrier;
       ``(B) the gravity of the violation;
       ``(C) the good faith of the carrier; and
       ``(D) any history of previous violations by the carrier.
       ``(5) Collection of penalties.--
       ``(A) In general.--On the failure of a carrier to pay a 
     civil penalty assessed by a final order under this section, 
     the Secretary shall request the Attorney General to institute 
     a civil action in a district court of the United States or 
     other United States court for any district in which the 
     carrier is found or resides or transacts business, to collect 
     the penalty.
       ``(B) Penalties.--The court shall have jurisdiction to hear 
     and decide an action brought under subparagraph (A).
       ``(c) Compensation.--If an animal is lost, injured, or dies 
     in transport by a carrier, unless the carrier proves that the 
     carrier did not cause, and was not otherwise involved in or 
     associated with, the loss, injury, or death of the animal, 
     the owner of the animal shall be entitled to compensation 
     from the carrier in an amount that--
       ``(1) is not less than 2 times any limitation established 
     by the carrier for loss or damage to baggage under part 254 
     of title 14, Code of Federal Regulations (or any successor 
     regulation); and
       ``(2) includes all veterinary and other related costs that 
     are documented and initiated not later than 1 year after the 
     incident that caused the loss, injury, or death of the 
     animal.''.
       (b) Table of Contents.--The analysis for chapter 463 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``46317. Civil penalties and compensation for loss, injury, or death of 
              animals during air transport.''.

     SEC. __23. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH 
                   AND SAFETY.

       (a) In General.--To protect the health and safety of 
     animals in transport, the Secretary of Transportation shall--
       (1) in conjunction with requiring certain transport 
     category airplanes used in passenger service to replace class 
     D cargo or baggage compartments with class C cargo or baggage 
     compartments under parts 25, 121, and 135 of title 14, Code 
     of Federal Regulations, to install, to the maximum extent 
     practicable, systems that permit positive airflow and heating 
     and cooling for animals that are present in cargo or baggage 
     compartments; and
       (2) effective beginning January 1, 2001, prohibit the 
     transport of an animal by any carrier in a cargo or baggage 
     compartment that fails to include a system described in 
     paragraph (1).
       (b) Report.--Not later than March 31, 2002, the Secretary 
     shall submit a report to Congress that describes actions that 
     have been taken to carry out subsection (a).
                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 1922

  Mr. LAUTENBERG proposed an amendment to the bill S. 82, supra; as 
follows:

       At the end of title IV, insert the following new section:

     SEC. 454. REQUIREMENTS APPLICABLE TO AIR CARRIERS THAT BUMP 
                   PASSENGERS INVOLUNTARILY.

       (a) In General.--If an air carrier denies a passenger, 
     without the consent of the passenger, transportation on a 
     scheduled flight for which the passenger has made a 
     reservation and paid--
       (1) the air carrier shall provide the passenger with a one-
     page summary of the passenger's rights to transportation, 
     services, compensation, and other benefits resulting from the 
     denial of transportation;
       (2) the passenger may select comparable transportation (as 
     defined by the air carrier), with accommodations if needed, 
     or a cash refund; and
       (3) the air carrier shall provide the passenger with cash 
     or a voucher in the amount that is equal to the value of the 
     ticket.
       (b) Delays in Arrivals.--If, by reason of a denial of 
     transportation covered by subsection (a), a passenger's 
     arrival at the passenger's destination is delayed--
       (1) by more than 2 hours after the regularly schedule 
     arrival time for the original flight, but less than 4 hours 
     after that time, then the air carrier shall provide the 
     passenger with cash or an airline voucher in the amount equal 
     to twice the value of the ticket; or
       (2) for more than 4 hours after the regularly schedule 
     arrival time for the original flight, then the air carrier 
     shall provide the passenger with cash or an airline voucher 
     in the amount equal to 3 times the value of the ticket.
       (c) Delays in Departures.--If the earliest transportation 
     offered by an air carrier to a passenger denied 
     transportation as described in subsection (a) is on a day 
     after the day of the scheduled flight on which the passenger 
     has reserved and paid for seating, then the air carrier shall 
     pay the passenger the amount equal to the greater of--
       (1) $1,000; or
       (2) 3 times the value of the ticket.
       (d) Relationship of Benefits.--
       (1) General and delay benefits.--Benefits due a passenger 
     under subsection (b) or (c) are in addition to benefits due a 
     passenger under subsection (a) with respect to the same 
     denial of transportation.
       (2) Delay benefits.--A passenger may not receive benefits 
     under both subsection (b) and subsection (c) with respect to 
     the same denial of transportation. A passenger eligible for 
     benefits under both subsections shall receive the greater 
     benefit payable under those subsections.
       (e) Civil Penalty.--An air carrier that fails to provide a 
     summary of passenger's rights to one or more passengers on a 
     flight when required to do so under subsection (a)(1) shall 
     pay the Federal Aviation Administration a civil penalty in 
     the amount of $1,000.
       (f) Definitions.--In this section:
       (1) Airline ticket.--The term ``airline ticket'' includes 
     any electronic verification of a reservation that is issued 
     by the airline in place of a ticket.
       (2) Value.--The term ``value'', with respect to an airline 
     ticket, means the value of the remaining unused portion of 
     the airline ticket on the scheduled flight.
       (3) Without consent of the passenger.--The term ``without 
     consent of the passenger'', with respect to a denial of 
     transportation to a passenger means a passenger, is denied 
     transportation under subsection (a) for reasons other than 
     weather or safety.
                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 1923

  (Ordered to lie on the table.)
  Mr. HATCH (for himself, Mr. Leahy, and Mr. Thurmond) submitted an 
amendment intended to be proposed by them to the bill S. 82, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE 
                   VEHICLE PARTS IN INTERSTATE OR FOREIGN 
                   COMMERCE.

       (a) Short Title.--This section may be cited as the 
     ``Aircraft Safety Act of 1999''.
       (b) Definitions.--Section 31 of title 18, United States 
     Code, is amended by striking all after the section heading 
     and inserting the following:
       ``(a) In General.--
       ``(1) Aircraft.--The term `aircraft' means a civil, 
     military, or public contrivance invented, used, or designed 
     to navigate, fly, or travel in the air.
       ``(2) Aviation quality.--The term `aviation quality', with 
     respect to a part of an aircraft or space vehicle, means the 
     quality of having

[[Page S11988]]

     been manufactured, constructed, produced, repaired, 
     overhauled, rebuilt, reconditioned, or restored in conformity 
     with applicable standards specified by law (including a 
     regulation) or contract.
       ``(3) Destructive substance.--The term `destructive 
     substance' means an explosive substance, flammable material, 
     infernal machine, or other chemical, mechanical, or 
     radioactive device or matter of a combustible, contaminative, 
     corrosive, or explosive nature.
       ``(4) In flight.--The term `in flight' means--
       ``(A) any time from the moment at which all the external 
     doors of an aircraft are closed following embarkation until 
     the moment when any such door is opened for disembarkation; 
     and
       ``(B) in the case of a forced landing, until competent 
     authorities take over the responsibility for the aircraft and 
     the persons and property on board.
       ``(5) In service.--The term `in service' means--
       ``(A) any time from the beginning of preflight preparation 
     of an aircraft by ground personnel or by the crew for a 
     specific flight until 24 hours after any landing; and
       ``(B) in any event includes the entire period during which 
     the aircraft is in flight.
       ``(6) Motor vehicle.--The term `motor vehicle' means every 
     description of carriage or other contrivance propelled or 
     drawn by mechanical power and used for commercial purposes on 
     the highways in the transportation of passengers, passengers 
     and property, or property or cargo.
       ``(7) Part.--The term `part' means a frame, assembly, 
     component, appliance, engine, propeller, material, part, 
     spare part, piece, section, or related integral or auxiliary 
     equipment.
       ``(8) Space vehicle.--The term `space vehicle' means a man-
     made device, either manned or unmanned, designed for 
     operation beyond the Earth's atmosphere.
       ``(9) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       ``(10) Used for commercial purposes.--The term `used for 
     commercial purposes' means the carriage of persons or 
     property for any fare, fee, rate, charge or other 
     consideration, or directly or indirectly in connection with 
     any business, or other undertaking intended for profit.
       ``(b) Terms Defined in Other Law.--In this chapter, the 
     terms `aircraft engine', `air navigation facility', 
     `appliance', `civil aircraft', `foreign air commerce', 
     `interstate air commerce', `landing area', `overseas air 
     commerce', `propeller', `spare part', and `special aircraft 
     jurisdiction of the United States' have the meanings given 
     those terms in sections 40102(a) and 46501 of title 49.''.
       (c) Fraud.--
       (1) In general.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 38. Fraud involving aircraft or space vehicle parts in 
       interstate or foreign commerce

       ``(a) Offenses.--A person that, in or affecting interstate 
     or foreign commerce, knowingly--
       ``(1)(A) falsifies or conceals a material fact;
       ``(B) makes any materially fraudulent representation; or
       ``(C) makes or uses any materially false writing, entry, 
     certification, document, record, data plate, label, or 
     electronic communication;
     concerning any aircraft or space vehicle part;
       ``(2) exports from or imports or introduces into the United 
     States, sells, trades, installs on or in any aircraft or 
     space vehicle any aircraft or space vehicle part using or by 
     means of a fraudulent representation, document, record, 
     certification, depiction, data plate, label, or electronic 
     communication; or
       ``(3) attempts or conspires to commit an offense described 
     in paragraph (1) or (2);
     shall be punished as provided in subsection (b).
       ``(b) Penalties.--The punishment for an offense under 
     subsection (a) is as follows:
       ``(1) Aviation quality.--If the offense relates to the 
     aviation quality of a part and the part is installed in an 
     aircraft or space vehicle, a fine of not more than $500,000, 
     imprisonment for not more than 25 years, or both.
       ``(2) Failure to operate as represented.--If, by reason of 
     the failure of the part to operate as represented, the part 
     to which the offense is related is the probable cause of a 
     malfunction or failure that results in serious bodily injury 
     (as defined in section 1365) to or the death of any person, a 
     fine of not more than $1,000,000, imprisonment for any term 
     of years or life, or both.
       ``(3) Organizations.--If the offense is committed by an 
     organization, a fine of not more than $25,000,000.
       ``(4) Other circumstances.--In the case of an offense not 
     described in paragraph (1), (2), or (3), a fine under this 
     title, imprisonment for not more than 15 years, or both.
       ``(c) Civil Remedies.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction to prevent and restrain violations of 
     this section by issuing appropriate orders, including--
       ``(A) ordering a person convicted of an offense under this 
     section to divest any interest, direct or indirect, in any 
     enterprise, or to destroy, or to mutilate and sell as scrap, 
     aircraft material or part inventories or stocks;
       ``(B) imposing reasonable restrictions on the future 
     activities or investments of any such person, including 
     prohibiting engagement in the same type of endeavor as used 
     to commit the offense; and
       ``(C) ordering dissolution or reorganization of any 
     enterprise, making due provisions for the rights and 
     interests of innocent persons.
       ``(2) Restraining orders and prohibition.--Pending final 
     determination of a proceeding brought under this section, the 
     court may enter such restraining orders or prohibitions, or 
     take such other actions (including the acceptance of 
     satisfactory performance bonds) as the court deems proper.
       ``(3) Estoppel.--A final judgment rendered in favor of the 
     United States in any criminal proceeding brought under this 
     section shall estop the defendant from denying the essential 
     allegations of the criminal offense in any subsequent civil 
     proceeding brought by the United States.
       ``(d) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing sentence on any 
     person convicted of an offense under this section, shall 
     order, in addition to any other sentence and irrespective of 
     any provision of State law, that the person forfeit to the 
     United States--
       ``(A) any property constituting, or derived from, any 
     proceeds that the person obtained, directly or indirectly, as 
     a result of the offense; and
       ``(B) any property used, or intended to be used in any 
     manner, to commit or facilitate the commission of the 
     offense.
       ``(2) Application of other law.--The forfeiture of property 
     under this section, including any seizure and disposition of 
     the property, and any proceedings relating to the property, 
     shall be governed by section 413 of the Comprehensive Drug 
     Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not 
     including subsection (d) of that section).
       ``(e) Construction With Other Law.--This section does not 
     preempt or displace any other remedy, civil or criminal, 
     provided by Federal or State law for the fraudulent 
     importation, sale, trade, installation, or introduction into 
     commerce of an aircraft or space vehicle part.
       ``(f) Territorial Scope.--This section applies to conduct 
     occurring inside or outside the United States.
       ``(g) Authorized Investigative Demand Procedures.--
       ``(1) Authorization.--
       ``(A) Subpoenas.--In any investigation relating to any act 
     or activity involving an offense under this section, the 
     Attorney General may issue in writing and cause to be served 
     a subpoena--
       ``(i) requiring the production of any record (including any 
     book, paper, document, electronic medium, or other object or 
     tangible thing) that may be relevant to an authorized law 
     enforcement inquiry, that a person or legal entity may 
     possess or have care or custody of or control over; and
       ``(ii) requiring a custodian of a record to give testimony 
     concerning the production and authentication of the record.
       ``(B) Contents.--A subpoena under subparagraph (A) shall--
       ``(i) describe the object required to be produced; and
       ``(ii) prescribe a return date within a reasonable period 
     of time within which the object can be assembled and 
     produced.
       ``(C) Limitation.--The production of a record shall not be 
     required under this section at any place more than 500 miles 
     from the place at which the subpoena for the production of 
     the record is served.
       ``(D) Witness fees.--A witness summoned under this section 
     shall be paid the same fees and mileage as are paid witnesses 
     in courts of the United States.
       ``(b) Service.--
       ``(1) In general.--A subpoena issued under subsection (a) 
     may be served by any person who is at least 18 years of age 
     and is designated in the subpoena to serve the subpoena.
       ``(2) Natural persons.--Service of a subpoena issued under 
     subsection (a) on a natural person may be made by personal 
     delivery of the subpoena to the person.
       ``(3) Corporations and other organizations.--Service of a 
     subpoena issued under subsection (a) on a domestic or foreign 
     corporation or on a partnership or other unincorporated 
     association that is subject to suit under a common name may 
     be made by delivering the subpoena to an officer, to a 
     managing or general agent, or to any other agent authorized 
     by appointment or by law to receive service of process for 
     the corporation, partnership, or association.
       ``(4) Proof of service.--The affidavit of the person 
     serving the subpoena entered or a true copy of such an 
     affidavit shall be proof of service.
       ``(c) Enforcement.--
       ``(1) In general.--In the case of a failure to comply with 
     a subpoena issued under subsection (a), the Attorney General 
     may invoke the aid of any court of the United States within 
     the jurisdiction of which the investigation is carried on or 
     of which the subpoenaed person is an inhabitant, or in which 
     the subpoenaed person carries on business or may be found, to 
     compel compliance with the subpoena.
       ``(2) Orders.--The court may issue an order requiring the 
     subpoenaed person to appear before the Attorney General to 
     produce a record or to give testimony concerning the 
     production and authentication of a record.
       ``(3) Contempt.--Any failure to obey the order of the court 
     may be punished by the court as a contempt of court.

[[Page S11989]]

       ``(4) Process.--All process in a case under this subsection 
     may be served in any judicial district in which the 
     subpoenaed person may be found.
       ``(d) Immunity From Civil Liability.--Notwithstanding any 
     Federal, State, or local law, any person (including any 
     officer, agent, or employee of a person) that receives a 
     subpoena under this section, who complies in good faith with 
     the subpoena and produces a record or material sought by a 
     subpoena under this section, shall not be liable in any court 
     of any State or the United States to any customer or other 
     person for the production or for nondisclosure of the 
     production to the customer.''.
       (2) Conforming amendments.--
       (A) Chapter analysis.--The analysis for chapter 2 of title 
     18, United States Code, is amended by adding at the end the 
     following:

``38. Fraud involving aircraft or space vehicle parts in interstate or 
              foreign commerce.''.

       (B) Wire and electronic communications.--Section 2516(1)(c) 
     of title 18, United States Code, is amended by inserting 
     ``section 38 (relating to aircraft parts fraud),'' after 
     ``section 32 (relating to destruction of aircraft or aircraft 
     facilities),''.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 1924

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted an amendment intended to be proposed by him 
to the bill S. 82, supra; as follows:

       At the appropriate place in the Manager's substitute 
     amendment, insert the following:

     SEC. ____. AVAILABILITY OF FUNDS FOR GEORGIA'S REGIONAL 
                   AIRPORT ENHANCEMENT PROGRAM.

       Of the amounts made available to the Secretary of 
     Transportation for the fiscal year 2000 out of the Airport 
     and Airway Trust Fund established under section 9502 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9502), $11,000,000 
     may be available for Georgia's regional airport enhancement 
     program for the acquisition of land.
                                 ______
                                 

                        ROTH AMENDMENT NO. 1925

  Mr. McCAIN (for Mr. Roth) proposed an amendment to the bill S. 82, 
supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. EXPRESSING THE SENSE OF THE SENATE CONCERNING AIR 
                   TRAFFIC OVER NORTHERN DELAWARE.

       (a) Definition.--The term ``Brandywine Intercept'' means 
     the point over Brandywine Hundred in northern Delaware that 
     pilots use for guidance and maintenance of safe operation 
     from other aircraft and over which most aircraft pass on 
     their East Operations approach to Philadelphia International 
     Airport.
       (b) Findings.--Congress makes the following findings:
       (1) The Brandywine Hundred area of New Castle County, 
     Delaware serves as a major approach causeway to Philadelphia 
     International Airport's East Operations runways.
       (2) The standard of altitude over the Brandywine Intercept 
     is 3,000 feet, with airport scatter charts indicating that 
     within a given hour of consistent weather and visibility 
     aircraft fly over the Brandywine Hundred at anywhere from 
     2,500 to 4,000 feet.
       (3) Lower airplane altitudes result in increased ground 
     noise.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of Transportation should--
       (1) include northern Delaware in any study of aircraft 
     noise conducted under part 150 of title 14 of the Code of 
     Federal Regulations required under the National Environmental 
     Policy Act of 1969 for the redesign of the airspace 
     surrounding Philadelphia International Airport;
       (2) study the feasibility, consistent with safety, of 
     placing the approach causeway for Philadelphia International 
     Airport's East Operations over the Delaware River (instead of 
     Brandywine Hundred); and
       (3) study the feasibility of increasing the standard 
     altitude over the Brandywine Intercept from 3,000 feet to 
     4,000 feet.
                                 ______
                                 

                        ROTH AMENDMENT NO. 1926

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be propoed by him to the 
bill S. 82, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. AIR TRAFFIC OVER NORTHERN DELAWARE.

       Any airspace redesign efforts relating to Philadelphia 
     International Airport, the Administrator of the Federal 
     Aviation Administration shall--
       (1) include northern Delaware in any study of aircraft 
     noise conducted under part 150 of title 14 of the Code of 
     Federal Regulations that are required under the National 
     Environmental Policy Act of 1969;
       (2) study the feasibility, consistent with safety, of 
     placing the approach causeway for Philadelphia International 
     Airport's East Operations over the Delaware River; and
       (3) study the feasibility of increasing the standard 
     altitude over the Brandywine Intercept in northern Delaware 
     from 3,000 feet to 3,500 or 4,000 feet.
                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 1927

  Mr. McCAIN  (for Mr. Hatch (for himself, Mr. Leahy, and Mr. 
Thurmond)) proposed an amendment to the bill S. 82, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE 
                   VEHICLE PARTS IN INTERSTATE OR FOREIGN 
                   COMMERCE.

       (a) Short Title.--This section may be cited as the 
     ``Aircraft Safety Act of 1999''.
       (b) Definitions.--Section 31 of title 18, United States 
     Code, is amended by striking all after the section heading 
     and inserting the following:
       ``(a) In General.--
       ``(1) Aircraft.--The term `aircraft' means a civil, 
     military, or public contrivance invented, used, or designed 
     to navigate, fly, or travel in the air.
       ``(2) Aviation quality.--The term `aviation quality', with 
     respect to a part of an aircraft or space vehicle, means the 
     quality of having been manufactured, constructed, produced, 
     repaired, overhauled, rebuilt, reconditioned, or restored in 
     conformity with applicable standards specified by law 
     (including a regulation) or contract.
       ``(3) Destructive substance.--The term `destructive 
     substance' means an explosive substance, flammable material, 
     infernal machine, or other chemical, mechanical, or 
     radioactive device or matter of a combustible, contaminative, 
     corrosive, or explosive nature.
       ``(4) In flight.--The term `in flight' means--
       ``(A) any time from the moment at which all the external 
     doors of an aircraft are closed following embarkation until 
     the moment when any such door is opened for disembarkation; 
     and
       ``(B) in the case of a forced landing, until competent 
     authorities take over the responsibility for the aircraft and 
     the persons and property on board.
       ``(5) In service.--The term `in service' means--
       ``(A) any time from the beginning of preflight preparation 
     of an aircraft by ground personnel or by the crew for a 
     specific flight until 24 hours after any landing; and
       ``(B) in any event includes the entire period during which 
     the aircraft is in flight.
       ``(6) Motor vehicle.--The term `motor vehicle' means every 
     description of carriage or other contrivance propelled or 
     drawn by mechanical power and used for commercial purposes on 
     the highways in the transportation of passengers, passengers 
     and property, or property or cargo.
       ``(7) Part.--The term `part' means a frame, assembly, 
     component, appliance, engine, propeller, material, part, 
     spare part, piece, section, or related integral or auxiliary 
     equipment.
       ``(8) Space vehicle.--The term `space vehicle' means a man-
     made device, either manned or unmanned, designed for 
     operation beyond the Earth's atmosphere.
       ``(9) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       ``(10) Used for commercial purposes.--The term `used for 
     commercial purposes' means the carriage of persons or 
     property for any fare, fee, rate, charge or other 
     consideration, or directly or indirectly in connection with 
     any business, or other undertaking intended for profit.
       ``(b) Terms Defined in Other Law.--In this chapter, the 
     terms `aircraft engine', `air navigation facility', 
     `appliance', `civil aircraft', `foreign air commerce', 
     `interstate air commerce', `landing area', `overseas air 
     commerce', `propeller', `spare part', and `special aircraft 
     jurisdiction of the United States' have the meanings given 
     those terms in sections 40102(a) and 46501 of title 49.''.
       (c) Fraud.--
       (1) In general.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 38. Fraud involving aircraft or space vehicle parts in 
       interstate or foreign commerce

       ``(a) Offenses.--A person that, in or affecting interstate 
     or foreign commerce, knowingly--
       ``(1)(A) falsifies or conceals a material fact;
       ``(B) makes any materially fraudulent representation; or
       ``(C) makes or uses any materially false writing, entry, 
     certification, document, record, data plate, label, or 
     electronic communication;
     concerning any aircraft or space vehicle part;
       ``(2) exports from or imports or introduces into the United 
     States, sells, trades, installs on or in any aircraft or 
     space vehicle any aircraft or space vehicle part using or by 
     means of a fraudulent representation, document, record, 
     certification, depiction, data plate, label, or electronic 
     communication; or
       ``(3) attempts or conspires to commit an offense described 
     in paragraph (1) or (2);
     shall be punished as provided in subsection (b).
       ``(b) Penalties.--The punishment for an offense under 
     subsection (a) is as follows:
       ``(1) Aviation quality.--If the offense relates to the 
     aviation quality of a part and the part is installed in an 
     aircraft or space vehicle, a fine of not more than $500,000, 
     imprisonment for not more than 25 years, or both.

[[Page S11990]]

       ``(2) Failure to operate as represented.--If, by reason of 
     the failure of the part to operate as represented, the part 
     to which the offense is related is the probable cause of a 
     malfunction or failure that results in serious bodily injury 
     (as defined in section 1365) to or the death of any person, a 
     fine of not more than $1,000,000, imprisonment for any term 
     of years or life, or both.
       ``(3) Organizations.--If the offense is committed by an 
     organization, a fine of not more than $25,000,000.
       ``(4) Other circumstances.--In the case of an offense not 
     described in paragraph (1), (2), or (3), a fine under this 
     title, imprisonment for not more than 15 years, or both.
       ``(c) Civil Remedies.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction to prevent and restrain violations of 
     this section by issuing appropriate orders, including--
       ``(A) ordering a person convicted of an offense under this 
     section to divest any interest, direct or indirect, in any 
     enterprise, or to destroy, or to mutilate and sell as scrap, 
     aircraft material or part inventories or stocks;
       ``(B) imposing reasonable restrictions on the future 
     activities or investments of any such person, including 
     prohibiting engagement in the same type of endeavor as used 
     to commit the offense; and
       ``(C) ordering dissolution or reorganization of any 
     enterprise, making due provisions for the rights and 
     interests of innocent persons.
       ``(2) Restraining orders and prohibition.--Pending final 
     determination of a proceeding brought under this section, the 
     court may enter such restraining orders or prohibitions, or 
     take such other actions (including the acceptance of 
     satisfactory performance bonds) as the court deems proper.
       ``(3) Estoppel.--A final judgment rendered in favor of the 
     United States in any criminal proceeding brought under this 
     section shall estop the defendant from denying the essential 
     allegations of the criminal offense in any subsequent civil 
     proceeding brought by the United States.
       ``(d) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing sentence on any 
     person convicted of an offense under this section, shall 
     order, in addition to any other sentence and irrespective of 
     any provision of State law, that the person forfeit to the 
     United States--
       ``(A) any property constituting, or derived from, any 
     proceeds that the person obtained, directly or indirectly, as 
     a result of the offense; and
       ``(B) any property used, or intended to be used in any 
     manner, to commit or facilitate the commission of the 
     offense.
       ``(2) Application of other law.--The forfeiture of property 
     under this section, including any seizure and disposition of 
     the property, and any proceedings relating to the property, 
     shall be governed by section 413 of the Comprehensive Drug 
     Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not 
     including subsection (d) of that section).
       ``(e) Construction With Other Law.--This section does not 
     preempt or displace any other remedy, civil or criminal, 
     provided by Federal or State law for the fraudulent 
     importation, sale, trade, installation, or introduction into 
     commerce of an aircraft or space vehicle part.
       ``(f) Territorial Scope.--This section applies to conduct 
     occurring inside or outside the United States.
       ``(g) Authorized Investigative Demand Procedures.--
       ``(1) Authorization.--
       ``(A) Subpoenas.--In any investigation relating to any act 
     or activity involving an offense under this section, the 
     Attorney General may issue in writing and cause to be served 
     a subpoena--
       ``(i) requiring the production of any record (including any 
     book, paper, document, electronic medium, or other object or 
     tangible thing) that may be relevant to an authorized law 
     enforcement inquiry, that a person or legal entity may 
     possess or have care or custody of or control over; and
       ``(ii) requiring a custodian of a record to give testimony 
     concerning the production and authentication of the record.
       ``(B) Contents.--A subpoena under subparagraph (A) shall--
       ``(i) describe the object required to be produced; and
       ``(ii) prescribe a return date within a reasonable period 
     of time within which the object can be assembled and 
     produced.
       ``(C) Limitation.--The production of a record shall not be 
     required under this section at any place more than 500 miles 
     from the place at which the subpoena for the production of 
     the record is served.
       ``(D) Witness fees.--A witness summoned under this section 
     shall be paid the same fees and mileage as are paid witnesses 
     in courts of the United States.
       ``(b) Service.--
       ``(1) In general.--A subpoena issued under subsection (a) 
     may be served by any person who is at least 18 years of age 
     and is designated in the subpoena to serve the subpoena.
       ``(2) Natural persons.--Service of a subpoena issued under 
     subsection (a) on a natural person may be made by personal 
     delivery of the subpoena to the person.
       ``(3) Corporations and other organizations.--Service of a 
     subpoena issued under subsection (a) on a domestic or foreign 
     corporation or on a partnership or other unincorporated 
     association that is subject to suit under a common name may 
     be made by delivering the subpoena to an officer, to a 
     managing or general agent, or to any other agent authorized 
     by appointment or by law to receive service of process for 
     the corporation, partnership, or association.
       ``(4) Proof of service.--The affidavit of the person 
     serving the subpoena entered or a true copy of such an 
     affidavit shall be proof of service.
       ``(c) Enforcement.--
       ``(1) In general.--In the case of a failure to comply with 
     a subpoena issued under subsection (a), the Attorney General 
     may invoke the aid of any court of the United States within 
     the jurisdiction of which the investigation is carried on or 
     of which the subpoenaed person is an inhabitant, or in which 
     the subpoenaed person carries on business or may be found, to 
     compel compliance with the subpoena.
       ``(2) Orders.--The court may issue an order requiring the 
     subpoenaed person to appear before the Attorney General to 
     produce a record or to give testimony concerning the 
     production and authentication of a record.
       ``(3) Contempt.--Any failure to obey the order of the court 
     may be punished by the court as a contempt of court.
       ``(4) Process.--All process in a case under this subsection 
     may be served in any judicial district in which the 
     subpoenaed person may be found.
       ``(d) Immunity From Civil Liability.--Notwithstanding any 
     Federal, State, or local law, any person (including any 
     officer, agent, or employee of a person) that receives a 
     subpoena under this section, who complies in good faith with 
     the subpoena and produces a record or material sought by a 
     subpoena under this section, shall not be liable in any court 
     of any State or the United States to any customer or other 
     person for the production or for nondisclosure of the 
     production to the customer.''.
       (2) Conforming amendments.--
       (A) Chapter analysis.--The analysis for chapter 2 of title 
     18, United States Code, is amended by adding at the end the 
     following:

``38. Fraud involving aircraft or space vehicle parts in interstate or 
              foreign commerce.''.

       (B) Wire and electronic communications.--Section 2516(1)(c) 
     of title 18, United States Code, is amended by inserting 
     ``section 38 (relating to aircraft parts fraud),'' after 
     ``section 32 (relating to destruction of aircraft or aircraft 
     facilities),''.
                                 ______
                                 

                      GRASSLEY AMENDMENT NO. 1928

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

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

     SEC. 4____. NOTIFICATION REQUIREMENTS.

       Section 44903 is amended by adding at the end the 
     following:
       ``(f) Notification to Passengers of Foreign Air 
     Transportation Concerning Certain Criminal Laws Relating to 
     the Transportation of Minors.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of the Air Transportation Improvement Act, the 
     Secretary of Transportation, acting through the Administrator 
     of the Federal Aviation Administration, shall promulgate 
     regulations that require each air carrier that provides 
     foreign air transportation to passengers at an airport in the 
     United States and each owner or operator of such an airport 
     to provide reasonable notice to those passengers of the 
     applicability and requirements of--
       ``(A) section 2323 of title 18, United States Code; and
       ``(B) any other similar provision of Federal law relating 
     to the transportation of individuals under the age of 18 
     years.
       ``(2) Consultation.--In promulgating regulations under 
     paragraph (1), the Secretary of Transportation, acting 
     through the Administrator of the Federal Aviation 
     Administration, shall consult with representatives of--
       ``(A) air carriers; and
       ``(B) other interested parties.''.
                                 ______
                                 

                  FITZGERALD AMENDMENTS NOS. 1929-1947

  (Ordered to lie on the table.)
  Mr. FITZGERALD submitted 19 amendments intended to be proposed by him 
to the bill, S. 82, supra: as follows:

                           Amendment No. 1929

       At the end of the matter proposed to be inserted, insert 
     the following new section:

     SEC. ____. STUDY OF CHICAGO O'HARE INTERNATIONAL AIRPORT.

       (a) In General.--Notwithstanding any other provision of 
     law, if the Administrator of the Federal Aviation 
     Administration determines, on the basis of the 
     Administrator's own or a credible third party's analysis, 
     that the enactment of any provision of this Act will result 
     in--
       (1) additional delays in flight departures from or flight 
     arrivals to Chicago O'Hare International Airport, or
       (2) increased risk to public safety,
     the Administrator shall report the determination to Congress 
     within 60 days of the date of making the determination.
       (b) Criteria for Assessing Public Safety.--In assessing the 
     impact on public safety the Administrator shall take into 
     account air traffic control incidents, runway incursions, 
     near misses, and such other measures as the Administrator may 
     deem appropriate.

[[Page S11991]]

     
                                  ____
                           Amendment No. 1930

       Strike page 3, line 21, through page 4, line 8.
                                  ____


                           Amendment No. 1931

       At the appropriate place, insert the following new section:

     SEC.  . REPORT TO CONGRESS BY THE SECRETARY OF TRANSPORTATION 
                   ON THE EFFECT OF THE LIFTING OF THE HIGH 
                   DENSITY RULE ON COMPETITION IN THE AIRLINE 
                   INDUSTRY IN THE UNITED STATES.

       The Secretary of Transportation shall issue a report, 
     within one year of the date of enactment of this Act, on the 
     effect of the phase-out of the rules contained in subparts S 
     and K of part 93, title 14, Code of Federal Regulations on 
     competition in the airline industry in the United States.
                                  ____


                           Amendment No. 1932

       At the end of the matter proposed to be inserted, insert 
     the following new section:

     SEC. ____. STUDY OF CHICAGO O'HARE INTERNATIONAL AIRPORT.

       (a) In General.--Notwithstanding any other provision of 
     law, if the Administrator of the Federal Aviation 
     Administration determines, on the basis of the 
     Administrator's own or a credible third party's analysis, 
     that the enactment of any provision of this Act will result 
     in--
       (1) additional delays in flight departures from or flight 
     arrivals to Chicago O'Hare International Airport, or
       (2) increased risk to public safety,
     the Administrator shall report the determination to Congress 
     within 60 days of the date of making the determination.
       (b) Criteria for Assessing Public Safety.--In assessing the 
     impact on public safety the Administrator shall take into 
     account air traffic control incidents, runway incursions, and 
     near misses.
                                  ____


                           Amendment No. 1933

       At the appropriate place, insert the following new section:

     SEC. ____. STUDY OF CHICAGO O'HARE INTERNATIONAL AIRPORT.

       (a) In General.--If the Administrator of the Federal 
     Aviation Administration determines, on the basis of the 
     Administrator's own or a credible third party's analysis, 
     that the enactment of any provision of this Act will result 
     in--
       (1) additional delays in flight departures from or flight 
     arrivals to Chicago O'Hare International Airport, or
       (2) increased risk to public safety,
     the Administrator shall reimpose the high density ruels as 
     ineffect on the day before the date of enactment of this Act.
       (b) Criteria for Assessing Public Safety.--In assessing the 
     impact on public safety the Administrator shall take into 
     account air traffic control incidents, runway incursions, and 
     near misses, and such other measures as the Administrator 
     shall deem appropriate.
                                  ____


                           Amendment No. 1934

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 4 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1935

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 5 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1936

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 6 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1937

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 7 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1938

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 8 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1939

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 9 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1940

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 10 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1941

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 11 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1942

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 12 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1943

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 13 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1944

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 14 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1945

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 15 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1946

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 16 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1947

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 17 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____

                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1948

  Mr. McCAIN (for Mr. Abraham (for himself and Mr. Levin)) proposed an 
amendment to the bill, S. 82, supra; as follows:

       At the appropriate place insert the following:

     SEC.   . NONDISCRIMINATION IN THE USE OF PRIVATE AIRPORTS.

       (a) Prohibiting Discrimination in the Use of Private 
     Airports.--Chapter 401 of Subtitle VII of title 49, United 
     States Code, is amended by inserting the following new 
     section after section 40122:

     ``Sec. 40123. Nondiscrimination in the Use of Private 
       Airports

       ``(a) In General.--Notwithstanding any other provision of 
     law, no state, county, city

[[Page S11992]]

     or municipal government may prohibit the use or full 
     enjoyment of a private airport within its jurisdiction by any 
     person on the basis of that person's race, creed, color, 
     national origin, sex, or ancestry.
                                 ______
                                 

                  WARNER (AND ROBB) AMENDMENT NO. 1949

  Mr. McCAIN (for Mr. Warner (for himself and Mr. ROBB)) proposed an 
amendment to the bill, S. 82, supra; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Metropolitan Airports 
     Authority Improvement Act''.

     SEC. 2. REMOVAL OF LIMITATION.

       Section 49106(c)(6) of title 49, United States Code, is 
     amended--
       (1) by striking subparagraph (C); and
       (2) by redesignating subparagraph (D) as subparagraph (C).
                                 ______
                                 

                       GORTON AMENDMENT NO. 1950

  Mr. McCAIN (for Mr. Gorton) proposed an amendment to the bill, S. 82, 
supra; as follows:

     SEC. 437. DISCRIMINATORY PRACTICES BY COMPUTER RESERVATIONS 
                   SYSTEMS OUTSIDE THE UNITED STATES.

       (a) Actions Against Discriminatory Activity by Foreign CRS 
     Systems.--Section 41310 is amended by adding at the end the 
     following:
       ``(g) Actions Against Discriminatory Activity by Foreign 
     CRS Systems.--The Secretary of Transportation may take such 
     actions as the Secretary considers are in the public interest 
     to eliminate an activity of a foreign air carrier that owns 
     or markets a computer reservations system, when the 
     Secretary, on the initiative of the Secretary or on 
     complaint, decides that the activity, with respect to airline 
     service--
       ``(1) is an unjustifiable or unreasonable discriminatory, 
     predatory, or anticompetitive practice against a computer 
     reservations system firm;
       ``(2) imposes an unjustifiable or unreasonable restriction 
     on access of such a computer reservations system to 
     market.''.
       (b) Complaints by CRS Firms.--Section 41310 is amended--
       (1) in subsection (d)(1)--
       (A) by striking ``air carrier'' in the first sentence and 
     inserting ``air carrier, computer reservations system 
     firm,'';
       (B) by striking ``subsection (c)'' and inserting 
     ``subsection (c) or (g)''; and
       (C) striking ``air carrier'' in subparagraph (B) and 
     inserting ``air carrier or computer reservations system 
     firm''; and
       (2) in subsection (e)(1) by inserting ``or a computer 
     reservations system firm is subject when providing services 
     with respect to airline service'' before the period at the 
     end of the first sentence.
                                 ______
                                 

                  FITZGERALD AMENDMENTS NOS. 1951-2069

  (Ordered to lie on the table.)
  Mr. FITZGERALD submitted 119 amendments intended to be proposed by 
him to the bill S. 82, supra; as follows:

                           Amendment No. 1951

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 18 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1952

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 19 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1953

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 20 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1954

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 21 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1955

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 22 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1956

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 23 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1957

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 24 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1958

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 25 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1959

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 26 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1960

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 27 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1961

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 28 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1962

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 29 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1963

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 30 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1964

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 31 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1965

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 32 years after the date 
     of enactment of the Air Transportation Improvement Act.

[[Page S11993]]

     
                                  ____
                           Amendment No. 1966

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 33 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1967

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 34 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1968

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 35 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1969

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 36 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1970

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 37 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1971

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 38 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1972

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 39 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1973

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 40 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1974

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 41 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1975

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 42 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1976

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 43 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1977

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 44 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1978

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 45 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1979

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 46 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1980

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 47 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1981

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 48 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1982

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 49 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1983

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 50 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1984

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 51 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1985

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 52 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1986

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 53 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1987

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport

[[Page S11994]]

     shall not take effect until 54 years after the date of 
     enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1988

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 55 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1989

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 56 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1990

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 57 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1991

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 58 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1992

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 59 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1993

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 60 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1994

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 61 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1995

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 62 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1996

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 63 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1997

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 64 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1998

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 65 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 1999

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 66 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2000

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 67 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2001

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 68 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2002

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 69 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2003

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 70 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2004

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 71 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2005

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 72 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2006

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 73 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2007

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 74 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2008

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 75 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2009

       At the appropriate place, insert the following new section:

[[Page S11995]]

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 76 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2010

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 77 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2011

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 78 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2012

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 79 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2013

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 80 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2014

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 81 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2015

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 82 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2016

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 83 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2017

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 84 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2018

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 85 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2019

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 86 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2020

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 87 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2021

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 88 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2022

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 89 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2023

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 90 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2024

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 91 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2025

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 92 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2026

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 93 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2027

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 94 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2028

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 95 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2029

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 96 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2030

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 97 years after the

[[Page S11996]]

     date of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2031

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 98 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2032

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 99 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2033

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 100 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2034

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 101 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2035

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 102 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2036

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 103 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2037

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 104 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2038

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 105 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2039

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 106 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2040

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 107 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2041

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 108 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2042

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 109 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2043

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 110 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2044

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 111 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2045

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 112 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2046

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 113 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2047

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 114 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2048

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 115 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2049

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 116 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2050

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 117 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2051

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 118 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2052

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted

[[Page S11997]]

     at Chicago O'Hare International Airport shall not take effect 
     until 119 years after the date of enactment of the Air 
     Transportation Improvement Act.
                                  ____


                           Amendment No. 2053

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 120 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2054

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 121 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2055

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 122 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2056

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 123 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2057

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 124 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2058

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 125 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2059

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 126 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2060

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 127 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2061

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 128 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2062

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 129 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2063

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 130 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2064

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 131 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2065

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 132 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2066

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 133 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2067

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 134 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2068

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 135 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2069

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 136 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                 ______
                                 
      HELMS (AND SANTORUM) AMENDMENT NO. 2070
  Mr. McCAIN (for Mr. Helms (for himself and Mr. Santorum)) proposed an 
amendment to amendment No. 1892 proposed by Mr. Gorton to the bill, S. 
82, supra; as follows:

       In the pending amendment on page 13, line 9 strike the 
     words ``of such carriers''.
                                 ______
                                 
      INHOFE AMENDMENT NO. 2071
  Mr. McCAIN (for Mr. Inhofe) proposed an amendment to the bill, S. 82, 
supra; as follows:

       On page 132, line 4, strike ``is authorized to'' and insert 
     ``shall''.
                                 ______
                                 

                  FITZGERALD AMENDMENTS NOS. 2072-2235

  (Ordered to lie on the table.)
  Mr. FITZGERALD submitted 164 amendments intended to be proposed by 
him to the bill, S. 82, supra; as follows:

                           Amendment No. 2072

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 137 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2073

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted

[[Page S11998]]

     at Chicago O'Hare International Airport shall not take effect 
     until 138 years after the date of enactment of the Air 
     Transportation Improvement Act.
                                  ____


                           Amendment No. 2074

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 139 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2075

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 140 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2076

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 141 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2077

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 142 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2078

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 143 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2079

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 144 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2080

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 145 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2081

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 146 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2082

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 147 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2083

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 148 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2084

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 149 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2085

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 150 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2086

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any additional 
     slot exemptions granted at Chicago O'Hare International 
     Airport shall not take effect until 151 years after the date 
     of enactment of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2087

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 4 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2088

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 5 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2089

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 6 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2090

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 7 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2091

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 8 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2092

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 9 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2093

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 10 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2094

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 11 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.

[[Page S11999]]

     
                                  ____
                           Amendment No. 2095

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 12 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2096

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 13 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2097

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 14 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2098

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 15 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2099

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 16 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2100

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 17 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2101

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 18 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2102

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 19 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2103

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 20 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2104

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 21 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2105

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 22 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2106

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 23 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2107

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 24 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2108

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 25 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2109

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 26 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2110

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 27 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2111

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 28 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2112

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 29 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2113

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 30 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2114

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 31 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2115

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 32 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2116

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until

[[Page S12000]]

     33 years after the date of enactment of the Air 
     Transportation Improvement Act.
                                  ____


                           Amendment No. 2117

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 34 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2118

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 35 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2119

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 36 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2120

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 37 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2121

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 38 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2122

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 39 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2123

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 40 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2124

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 41 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2125

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 42 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2126

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 43 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2127

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 44 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2128

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 45 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2129

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 46 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2130

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 47 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2131

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 48 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2132

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 49 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2133

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 50 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2134

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 51 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2135

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 52 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2136

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 53 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.

                           Amendment No. 2137

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 54 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2138

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High

[[Page S12001]]

     Density Rule at Chicago O'Hare International Airport shall 
     not take effect until 55 years after the date of enactment of 
     the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2139

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 56 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2140

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 57 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2141

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 58 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2142

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 59 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2143

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 60 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2144

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 61 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2145

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 62 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2146

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 63 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2147

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 64 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2148

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 65 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2149

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 66 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2150

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 67 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2151

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 68 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2152

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 69 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2153

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 70 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2154

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 71 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2155

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 72 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2156

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 73 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2157

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 74 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2158

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 75 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2159

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 76 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.

[[Page S12002]]

     
                                  ____
                           Amendment No. 2160

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 77 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2161

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 78 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2162

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 79 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2163

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 80 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2164

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 81 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2165

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 82 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2166

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 83 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2167

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 84 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2168

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 85 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2169

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 86 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2170

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 87 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2171

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 88 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2172

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 89 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2173

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 90 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2174

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 91 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2175

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 92 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2176

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 93 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2177

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 94 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2178

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 95 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2179

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 96 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2180

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 97 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2181

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until

[[Page S12003]]

     98 years after the date of enactment of the Air 
     Transportation Improvement Act.
                                  ____


                           Amendment No. 2182

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 99 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2183

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 100 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2184

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 101 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2185

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 102 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2186

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 103 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2187

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 104 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2188

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 105 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2189

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 106 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2190

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 107 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2191

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 108 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2192

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 109 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2193

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 110 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2194

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 111 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2195

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 112 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2196

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 113 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2197

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 114 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2198

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 115 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2199

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 116 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2200

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 117 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2201

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 118 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2202

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 119 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2203

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High

[[Page S12004]]

     Density Rule at Chicago O'Hare International Airport shall 
     not take effect until 120 years after the date of enactment 
     of the Air Transportation Improvement Act.
                                  ____


                           Amendment No. 2204

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 121 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2205

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 122 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2206

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 123 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2207

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 124 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2208

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 125 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2209

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 126 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2210

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 127 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2211

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 128 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2212

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 129 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2213

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 130 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2214

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 131 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2215

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 132 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2216

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 133 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2217

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 134 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2218

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 135 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2219

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 136 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2220

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 137 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2221

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 138 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2222

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 139 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2223

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 140 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2224

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 141 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.

[[Page S12005]]

     
                                  ____
                           Amendment No. 2225

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 141 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2226

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 142 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.

                           Amendment No. 2227

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 143 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2228

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 144 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2229

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 145 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2230

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 146 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2231

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 147 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2232

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 148 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2233

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 149 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2234

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 150 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                  ____


                           Amendment No. 2235

       At the appropriate place, insert the following new section:

     SEC. ____. EFFECTIVE DATE FOR CERTAIN ADDITIONAL SLOT 
                   EXEMPTIONS.

       Notwithstanding any other provision of law, any provision 
     to eliminate the High Density Rule at Chicago O'Hare 
     International Airport shall not take effect until 151 years 
     after the date of enactment of the Air Transportation 
     Improvement Act.
                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 2236

  (Ordered to lie on the table.)
  Mr. HATCH (for himself, Mr. Leahy, and Mr. Thurmond) submitted an 
amendment intended to be proposed by them to the bill S. 82, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE 
                   VEHICLE PARTS IN INTERSTATE OR FOREIGN 
                   COMMERCE.

       (a) Short Title.--This section may be cited as the 
     ``Aircraft Safety Act of 1999''.
       (b) Definitions.--Section 31 of title 18, United States 
     Code, is amended by striking all after the section heading 
     and inserting the following:
       ``(a) In General.--
       ``(1) Aircraft.--The term `aircraft' means a civil, 
     military, or public contrivance invented, used, or designed 
     to navigate, fly, or travel in the air.
       ``(2) Aviation quality.--The term `aviation quality', with 
     respect to a part of an aircraft or space vehicle, means the 
     quality of having been manufactured, constructed, produced, 
     repaired, overhauled, rebuilt, reconditioned, or restored in 
     conformity with applicable standards specified by law 
     (including a regulation) or contract.
       ``(3) Destructive substance.--The term `destructive 
     substance' means an explosive substance, flammable material, 
     infernal machine, or other chemical, mechanical, or 
     radioactive device or matter of a combustible, contaminative, 
     corrosive, or explosive nature.
       ``(4) In flight.--The term `in flight' means--
       ``(A) any time from the moment at which all the external 
     doors of an aircraft are closed following embarkation until 
     the moment when any such door is opened for disembarkation; 
     and
       ``(B) in the case of a forced landing, until competent 
     authorities take over the responsibility for the aircraft and 
     the persons and property on board.
       ``(5) In service.--The term `in service' means--
       ``(A) any time from the beginning of preflight preparation 
     of an aircraft by ground personnel or by the crew for a 
     specific flight until 24 hours after any landing; and
       ``(B) in any event includes the entire period during which 
     the aircraft is in flight.
       ``(6) Motor vehicle.--The term `motor vehicle' means every 
     description of carriage or other contrivance propelled or 
     drawn by mechanical power and used for commercial purposes on 
     the highways in the transportation of passengers, passengers 
     and property, or property or cargo.
       ``(7) Part.--The term `part' means a frame, assembly, 
     component, appliance, engine, propeller, material, part, 
     spare part, piece, section, or related integral or auxiliary 
     equipment.
       ``(8) Space vehicle.--The term `space vehicle' means a man-
     made device, either manned or unmanned, designed for 
     operation beyond the Earth's atmosphere.
       ``(9) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       ``(10) Used for commercial purposes.--The term `used for 
     commercial purposes' means the carriage of persons or 
     property for any fare, fee, rate, charge or other 
     consideration, or directly or indirectly in connection with 
     any business, or other undertaking intended for profit.
       ``(b) Terms Defined in Other Law.--In this chapter, the 
     terms `aircraft engine', `air navigation facility', 
     `appliance', `civil aircraft', `foreign air commerce', 
     `interstate air commerce', `landing area', `overseas air 
     commerce', `propeller', `spare part', and `special aircraft 
     jurisdiction of the United States' have the meanings given 
     those terms in sections 40102(a) and 46501 of title 49.''.
       (c) Fraud.--
       (1) In general.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 38. Fraud involving aircraft or space vehicle parts in 
       interstate or foreign commerce

       ``(a) Offenses.--A person that, in or affecting interstate 
     or foreign commerce, knowingly--
       ``(1)(A) falsifies or conceals a material fact;
       ``(B) makes any materially fraudulent representation; or
       ``(C) makes or uses any materially false writing, entry, 
     certification, document, record, data plate, label, or 
     electronic communication;
     concerning any aircraft or space vehicle part;
       ``(2) exports from or imports or introduces into the United 
     States, sells, trades, installs on or in any aircraft or 
     space vehicle any aircraft or space vehicle part using or by 
     means of a fraudulent representation, document, record, 
     certification, depiction, data plate, label, or electronic 
     communication; or
       ``(3) attempts or conspires to commit an offense described 
     in paragraph (1) or (2);
     shall be punished as provided in subsection (b).
       ``(b) Penalties.--The punishment for an offense under 
     subsection (a) is as follows:
       ``(1) Aviation quality.--If the offense relates to the 
     aviation quality of a part and the part is installed in an 
     aircraft or space

[[Page S12006]]

     vehicle, a fine of not more than $500,000, imprisonment for 
     not more than 25 years, or both.
       ``(2) Failure to operate as represented.--If, by reason of 
     the failure of the part to operate as represented, the part 
     to which the offense is related is the probable cause of a 
     malfunction or failure that results in serious bodily injury 
     (as defined in section 1365) to or the death of any person, a 
     fine of not more than $1,000,000, imprisonment for any term 
     of years or life, or both.
       ``(3) Organizations.--If the offense is committed by an 
     organization, a fine of not more than $25,000,000.
       ``(4) Other circumstances.--In the case of an offense not 
     described in paragraph (1), (2), or (3), a fine under this 
     title, imprisonment for not more than 15 years, or both.
       ``(c) Civil Remedies.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction to prevent and restrain violations of 
     this section by issuing appropriate orders, including--
       ``(A) ordering a person convicted of an offense under this 
     section to divest any interest, direct or indirect, in any 
     enterprise, or to destroy, or to mutilate and sell as scrap, 
     aircraft material or part inventories or stocks;
       ``(B) imposing reasonable restrictions on the future 
     activities or investments of any such person, including 
     prohibiting engagement in the same type of endeavor as used 
     to commit the offense; and
       ``(C) ordering dissolution or reorganization of any 
     enterprise, making due provisions for the rights and 
     interests of innocent persons.
       ``(2) Restraining orders and prohibition.--Pending final 
     determination of a proceeding brought under this section, the 
     court may enter such restraining orders or prohibitions, or 
     take such other actions (including the acceptance of 
     satisfactory performance bonds) as the court deems proper.
       ``(3) Estoppel.--A final judgment rendered in favor of the 
     United States in any criminal proceeding brought under this 
     section shall estop the defendant from denying the essential 
     allegations of the criminal offense in any subsequent civil 
     proceeding brought by the United States.
       ``(d) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing sentence on any 
     person convicted of an offense under this section, shall 
     order, in addition to any other sentence and irrespective of 
     any provision of State law, that the person forfeit to the 
     United States--
       ``(A) any property constituting, or derived from, any 
     proceeds that the person obtained, directly or indirectly, as 
     a result of the offense; and
       ``(B) any property used, or intended to be used in any 
     manner, to commit or facilitate the commission of the 
     offense.
       ``(2) Application of other law.--The forfeiture of property 
     under this section, including any seizure and disposition of 
     the property, and any proceedings relating to the property, 
     shall be governed by section 413 of the Comprehensive Drug 
     Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not 
     including subsection (d) of that section).
       ``(e) Construction With Other Law.--This section does not 
     preempt or displace any other remedy, civil or criminal, 
     provided by Federal or State law for the fraudulent 
     importation, sale, trade, installation, or introduction into 
     commerce of an aircraft or space vehicle part.
       ``(f) Territorial Scope.--This section applies to conduct 
     occurring inside or outside the United States.
       ``(g) Authorized Investigative Demand Procedures.--
       ``(1) Authorization.--
       ``(A) Subpoenas.--In any investigation relating to any act 
     or activity involving an offense under this section, the 
     Attorney General may issue in writing and cause to be served 
     a subpoena--
       ``(i) requiring the production of any record (including any 
     book, paper, document, electronic medium, or other object or 
     tangible thing) that may be relevant to an authorized law 
     enforcement inquiry, that a person or legal entity may 
     possess or have care or custody of or control over; and
       ``(ii) requiring a custodian of a record to give testimony 
     concerning the production and authentication of the record.
       ``(B) Contents.--A subpoena under subparagraph (A) shall--
       ``(i) describe the object required to be produced; and
       ``(ii) prescribe a return date within a reasonable period 
     of time within which the object can be assembled and 
     produced.
       ``(C) Limitation.--The production of a record shall not be 
     required under this section at any place more than 500 miles 
     from the place at which the subpoena for the production of 
     the record is served.
       ``(D) Witness fees.--A witness summoned under this section 
     shall be paid the same fees and mileage as are paid witnesses 
     in courts of the United States.
       ``(b) Service.--
       ``(1) In general.--A subpoena issued under subsection (a) 
     may be served by any person who is at least 18 years of age 
     and is designated in the subpoena to serve the subpoena.
       ``(2) Natural persons.--Service of a subpoena issued under 
     subsection (a) on a natural person may be made by personal 
     delivery of the subpoena to the person.
       ``(3) Corporations and other organizations.--Service of a 
     subpoena issued under subsection (a) on a domestic or foreign 
     corporation or on a partnership or other unincorporated 
     association that is subject to suit under a common name may 
     be made by delivering the subpoena to an officer, to a 
     managing or general agent, or to any other agent authorized 
     by appointment or by law to receive service of process for 
     the corporation, partnership, or association.
       ``(4) Proof of service.--The affidavit of the person 
     serving the subpoena entered or a true copy of such an 
     affidavit shall be proof of service.
       ``(c) Enforcement.--
       ``(1) In general.--In the case of a failure to comply with 
     a subpoena issued under subsection (a), the Attorney General 
     may invoke the aid of any court of the United States within 
     the jurisdiction of which the investigation is carried on or 
     of which the subpoenaed person is an inhabitant, or in which 
     the subpoenaed person carries on business or may be found, to 
     compel compliance with the subpoena.
       ``(2) Orders.--The court may issue an order requiring the 
     subpoenaed person to appear before the Attorney General to 
     produce a record or to give testimony concerning the 
     production and authentication of a record.
       ``(3) Contempt.--Any failure to obey the order of the court 
     may be punished by the court as a contempt of court.
       ``(4) Process.--All process in a case under this subsection 
     may be served in any judicial district in which the 
     subpoenaed person may be found.
       ``(d) Immunity From Civil Liability.--Notwithstanding any 
     Federal, State, or local law, any person (including any 
     officer, agent, or employee of a person) that receives a 
     subpoena under this section, who complies in good faith with 
     the subpoena and produces a record or material sought by a 
     subpoena under this section, shall not be liable in any court 
     of any State or the United States to any customer or other 
     person for the production or for nondisclosure of the 
     production to the customer.''.
       (2) Conforming amendments.--
       (A) Chapter analysis.--The analysis for chapter 2 of title 
     18, United States Code, is amended by adding at the end the 
     following:

``38. Fraud involving aircraft or space vehicle parts in interstate or 
              foreign commerce.''.

       (B) Wire and electronic communications.--Section 2516(1)(c) 
     of title 18, United States Code, is amended by inserting 
     ``section 38 (relating to aircraft parts fraud),'' after 
     ``section 32 (relating to destruction of aircraft or aircraft 
     facilities),''.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 2237

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill S. 82, supra; as follows:

       At the appropriate place in Section 506, add the following:
       ``(C) or, upgraded air service replacing turbo prop 
     aircraft with regional jet aircraft between Chicago O'Hare 
     International Airport and any airport to which the air 
     carrier provided air service with turbo prop aircraft during 
     the week of June 15, 1999.''.
                                 ______
                                 

                       CONRAD AMENDMENT NO. 2238

  Mr. McCAIN (for Mr. Conrad) proposed an amendment to the bill S. 82, 
supra; as follows:

     SECTION 1. SENSE OF THE SENATE.

       It is the Sense of the Senate that--
       (A) Essential air service (EAS) to smaller communities 
     remains vital, and that the difficulties encountered by many 
     communities in retaining EAS warrant increased federal 
     attention.
       (B) The FAA should give full consideration to ending the 
     local match required by Dickinson, North Dakota.

     SEC. 2. REPORT.

       Not later than 60 days after enactment of this legislation, 
     the Secretary of Transportation shall report to the Congress 
     with an analysis of the difficulties faced by many smaller 
     communities in retaining EAS and a plan to facilitate easier 
     EAS retention. This report shall give particular attention to 
     communities in North Dakota.
                                 ______
                                 

                      HOLLINGS AMENDMENT NO. 2239

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

       At the appropriate place, insert the following:

          TITLE--RESTORATION OF AIR TRANSPORTATION COMPETITION

     SEC.  01. SHORT TITLE.

       This title may be cited as the ``Restoration of air 
     Transportation Competition Act''.

     SEC.  02. FINDINGS.

       The Congress makes the following findings:
       (1) Essential airport facilities at major airports must be 
     available on a reasonable basis to all air carriers wishing 
     to serve those airports.
       (2) 15 large hub airports today are each dominated by one 
     air carrier, with each such carrier controlling more than 50 
     percent of the traffic at the hub.
       (3) The General Accounting Office has found that such 
     levels of concentration lead to higher air fares.
       (4) The United States Government must take every step 
     necessary to reduce those levels of concentration.

[[Page S12007]]

       (5) Spending at these essential facilities must be directed 
     at providing opportunities for carriers wishing to serve such 
     facilities on a commercially viable basis.
       (6) The Department of Transportation and the Department of 
     Justice must vigilantly enforce existing laws on competition.

     SEC.  03. POLICY GOAL.

       It is the purpose of this title to use the power of the 
     Federal government, working with the Nation's major airports, 
     to reduce levels of concentration and end the domination by 1 
     air carrier of the transportation services provided to people 
     in a particular region, and to further the policy goals of 
     ensuring lower fares and better service.

     SEC.  04. INCREASING COMPETITION AT MAJOR HUB AIRPORTS.

       (a) In General.--Chapter 401 of title 49, United States 
     Code, is amended by inserting after section 40117 the 
     following:

     ``Sec. 40117A. Increased competition and reduced 
       concentration

       ``(a) Essential Airport Facilities Must Submit Competition 
     Plan.--Within 6 months after the date of enactment of the 
     Restoration of Air Transportation Competition Act, each 
     essential airport facility shall submit a competition plan 
     that meets the requirements of this section to the Secretary 
     of Transportation. If any essential airport facility fails to 
     submit such a plan before the end of that 6-month period, the 
     secretary may not approve an application under section 
     40117(c) from that essential airport facility to impose or 
     increase a passenger facility fee at that facility.
       ``(b) Secretary Shall Ensure Implementation and 
     Compliance.--The Secretary shall review any plan submitted 
     under subsection (a) to ensure that it meets the requirements 
     of this section, and shall review its implementation from 
     time to time to ensure that each essential airport facility 
     successfully implements its plan.
       ``(c) Future PFC Imposition or Increase.--Beginning 3 years 
     after the date of enactment of the Restoration of Air 
     Transportation Competition Act, the Secretary may not approve 
     an application under section 40117(c) for the imposition of, 
     or an increase in, a passenger facility fee at an essential 
     airport facility unless the Secretary determines that--
       ``(1) the essential airport facility has fully implemented 
     a competition plan that meets the requirements of this 
     section;
       ``(2) the essential airport facility has adequate 
     facilities available, or has offered to make such facilities 
     available to carriers other than the dominant carrier;
       ``(3) concentration levels at the essential airport 
     facility have been reduced substantially or below 50 percent; 
     or
       ``(4) the essential airport facility has made substantial 
     progress toward reducing concentration at that airport.
       ``(d) Competition Plan Requirements.--A competition plan 
     submitted under this section shall include--
       ``(1) a proposal on methods of reducing air traffic 
     concentration levels at that airport;
       ``(2) a timeframe for taking action under the plan, 
     including--
       ``(A) attracting new service or expanding opportunities for 
     existing air carriers that reduce the levels of 
     concentration;
       ``(B) making airport grates and related facilities 
     available for air carriers other than the dominant air 
     carrier at that airport;
       ``(C) leasing and subleasing arrangements;
       ``(D) gate-use requirements;
       ``(E) patterns of air service;
       ``(F) gate-assignment policies;
       ``(G) financial constraints;
       ``(H) information on contract relationships that may impede 
     expansion or more effective use of facilities; and
       ``(I) means to build or acquire gates that could be used as 
     common facilities; and
       ``(3) any other information required by the Secretary.
       ``(e) Essential Airport Facility Defined.--In this section, 
     the term `essential airport facility' means a large hub 
     airport (as defined in section 41731 of this title) in the 
     contiguous 48 states at which 1 carrier has more than 50 
     percent of total annual enplanements.''
       (b) Guidelines.--The Secretary of Transportation shall 
     issue guidelines for competition plans required under section 
     40117A of title 49, United States Code, within 30 days 
     after the date of enactment of this title.
       (c) Annual Report on Air Fares.--The Secretary shall issue 
     an annual report on airfares at essential airport facilities 
     (as defined in section 40117A(e) of title 49, United States 
     Code) that includes information about airfares, competition, 
     and concentration at such facilities.
       (d) Conforming Amendment.--The chapter analysis for chapter 
     401 of such title is amended by inserting after the item 
     relating to section 40117 the following:

``40117A. Increased competition and reduced concentration''.

     SEC.  05. INCREASE IN PASSENGER FACILITY FEE GENERALLY.

       Section 40117(b) of title 49, United States Code, is 
     amended by striking ``$3'' in paragraph (1) and inserting 
     ``$4''.

     SEC.  06. INCREASE IN PFC AT ESSENTIAL AIRPORT FACILITIES.

       (a) In General.--Section 40117 of title 49, United States 
     Code, is amended by adding at the end thereof the following:
       ``(j) Special Rules for Essential Airport Facilities.--
       ``(1) In general.--The Secretary may authorize an essential 
     airport facility (as defined in section 40117A(e)) to impose 
     a passenger facility fee under subsection (b)(1) of $4 on 
     each paying passenger only if that facility meets the 
     requirements of section 40117A and this subsection.
       ``(2) Request.--Before increasing its passenger facility 
     fee to $4 under this subsection, an essential airport 
     facility shall submit a request in writing to the Secretary 
     for permission to increase the fee. The request shall set 
     forth a plan for the use of the revenue from the increased 
     fee that meets the requirements of this subsection. The 
     Secretary may approve or disapprove the request. If the 
     Secretary disapproves the request, the facility may not 
     increase its passenger facility fee to $4. The Secretary may 
     not approve a request unless the facility agrees to meet the 
     requirements of this subsection at all times during which the 
     increased fee is in effect.
       ``(4) Limitation on use of increased PFC revenue.--
       ``(A) Priority uses.--If an essential airport facility (as 
     defined in section 40117A(e)) increases its passenger 
     facility fee to $4, then any increase in passenger facility 
     fee revenue attributable to that increase shall be used 
     first--
       ``(i) to provide opportunities for non-dominant air 
     carriers to expand operations at that airport;
       ``(ii) to build gates and other facilities for non-dominant 
     air carriers at that airport; or
       ``(iii) to take other measures to enhance competition.
       ``(B) Exclusive Use Prohibited.--Any gate built in whole or 
     in part with passenger facility fee revenue attributable to 
     such an increase may not be made available for exclusive 
     long-term lease or use agreement by an air carrier.
       ``(C) IG to audit use of funds.--The Inspector General of 
     the Department of Transportation shall audit the use of 
     passenger facility fees at essential airport facilities to 
     ensure that passenger facility fee revenue attributable to an 
     passenger facility fee increase from $3 to $4 is used in 
     accordance with this paragraph.''.
       (b) DOT Inspector General To Investigate Competitive 
     Impacts.--The Inspector General of the Department of 
     Transportation shall investigate the competitive impact of 
     majority-in-interest provisions in airport-airline contracts 
     at essential airport facilities (as defined in section 
     40117A(e) of title 49, United States Code).

     SEC.  07. DESIGNATION OF COMPETITION ADVOCATE; DUTIES.

       (a) Designation.--The Secretary of Transportation shall 
     designate an officer or employee of the Department of 
     Transportation to serve as the Federal Aviation Competition 
     Advocate.
       (b) Duties.--The Federal Aviation Competition Advocate 
     shall--
       (1) have final responsibility for approving or disapproving 
     applications for passenger facility charges from essential 
     airport facilities (as defined in section 40117A(e) of title 
     49, United States Code);
       (2) oversee the administration of Federal Aviation 
     Administration grant assurances for those facilities; and
       (3) review plans submitted under section 40117A of such 
     title.

     SEC.  08. AVAILABILITY OF GATES AND OTHER ESSENTIAL SERVICES.

       The Secretary of Transportation shall ensure that gates and 
     other facilities are made available at costs that are fair 
     and reasonable to air carriers at essential airport 
     facilities (as defined in section 40117A(e) of title 49, 
     United States Code) where a ``majority-in-interest clause'' 
     of a contract, or other agreement or arrangement, inhibits 
     the ability of the local airport authority to provide or 
     build new gates or other facilities.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 2240

  Mr. McCAIN (for Mr. Dorgan) proposed an amendment to the bill S. 82, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . PRESERVATION OF ESSENTIAL AIR SERVICE AT DOMINATED 
                   HUB AIRPORTS.

       (a) In General.--Subchapter II of chapter 417 is amended by 
     adding at the end thereof the following:

     ``Sec. 41743. Preservation of basic essential air service at 
       dominated hub airports

       ``(a) In General.--If the Secretary of Transportation 
     determines that extraordinary circumstances jeopardize the 
     reliable and competitive performance of essential air service 
     under this subchapter from a subsidized essential air service 
     community to and from an essential airport facility, then the 
     Secretary may require the air carrier that has more than 50 
     percent of the total annual enplanements at the essential 
     airport facility to take action to enable air carrier to 
     provide reliable and competitive essential air service to 
     that community. Action required by the Secretary under this 
     subsection may include interline agreements, ground services, 
     subleasing of gates, and the provision of any other service 
     or facility necessary for the performance of satisfactory 
     essential air service to that community.
       ``(b) Essential Airport Facility Defined.--In this section, 
     the term `essential airport facility' means a large hub 
     airport (as defined in section 41731) in the contiguous 48 
     states at which 1 air carrier has more than 50 percent of the 
     total annual enplanements at that airport.''.

[[Page S12008]]

                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 2241

  Mr. DODD (for himself, Mr. Bennett, Mr. McCain, Mr. Rockefeller, and 
Mr. Hollings) proposed an amendment to the bill, S. 82, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. FEDERAL AVIATION ADMINISTRATION YEAR 2000 
                   TECHNOLOGY SAFETY ENFORCEMENT ACT OF 1999.

       (a) Short Title.--This section be cited as the ``Federal 
     Aviation Administration Year 2000 Technology Safety 
     Enforcement Act of 1999''.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Air carrier operating certificate.--The term ``air 
     carrier operating certificate'' has the same meaning as in 
     section 44705 of title 49, United States Code.
       (3) Year 2000 technology problem.--The term ``year 2000 
     technology problem'' means a failure by any device or system 
     (including any computer system and any microchip or 
     integrated circuit embedded in another device or product), or 
     any software, firmware, or other set or collection of 
     processing instructions to process, to calculate, to compare, 
     to sequence, to display, to store, to transmit, or to receive 
     year-2000 date-related data failures--
       (A) to deal with or account for transitions or comparisons 
     from, into, and between the years 1999 and 2000 accurately;
       (B) to recognize or accurately process any specific date in 
     1999, 2000, or 2001; or
       (C) to accurately account for the year 2000's status as a 
     leap year, including recognition and processing of the 
     correct date on February 29, 2000.
       (c) Response To Request for Information.--Any person who 
     has an air carrier operating certificate shall respond on or 
     before November 1, 1999, to any request for information from 
     the Administrator regarding readiness of that person with 
     regard to the year 2000 technology problem as it relates to 
     the compliance of that person with applicable safety 
     regulations.
       (d) Failure To Respond.--
       (1) Surrender of certificate.--After November 1, 1999, the 
     Administrator shall make a decision on the record whether to 
     compel any air carrier that has not responded on or before 
     November 1, 1999, to a request for information regarding the 
     readiness of that air carrier with regard to the year 2000 
     technology problem as it relates to the air carrier's 
     compliance with applicable safety regulations to surrender 
     its operating certificate to the Administrator.
       (2) Reinstatement of certificate.--The Administrator may 
     return an air carrier operating certificate that has been 
     surrendered under this subsection upon--
       (A) a finding by the Administrator that a person whose 
     certificate has been surrendered has provided sufficient 
     information to demonstrate compliance with applicable safety 
     regulations as it relates to the year 2000 technology 
     problem; or
       (B) upon receipt of a certification, signed under penalty 
     or perjury, by the chief operating officer of the air 
     carrier, that such air carrier has addressed the year 2000 
     technology problem so that the air carrier will be in full 
     compliance with applicable safety regulations on and after 
     January 1, 2000.
                                 ______
                                 

                     FITZGERALD AMENDMENT NO. 2242

  (Ordered to lie on the table.)
  Mr. FITZGERALD submitted an amendment intended to be proposed by him 
to the bill S. 82, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. STUDY OF CHICAGO O'HARE INTERNATIONAL AIRPORT.

       (a) In General.--If the Administrator of the Federal 
     Aviation Administration determines, on the basis of the 
     Administrator's own or a credible third party's analysis, 
     that the enactment of any provision of this Act will result 
     in--
       (1) additional delays in flight departures from or flight 
     arrivals to Chicago O'Hare International Airport, or
       (2) increased risk to public safety,
     the Administrator shall report the determination to Congress 
     within 60 days of the date of making the determination.
       (b) Criteria for Assessing Public Safety.--In assessing the 
     impact on public safety the Administrator shall take into 
     account air traffic control incidents, runway incursions, 
     near misses, and such other measures as the Administrator 
     shall deem appropriate.
                                 ______
                                 

                    HELMS AMENDMENTS NOS. 2243-2244

  (Ordered to lie on the table.)
  Mr. HELMS submitted 2 amendments intended to be proposed by him to 
the bill S. 82, supra; as follows:

                           Amendment No. 2243

       In the pending amendment on page 13, line 9 strike the 
     words ``of such carriers''.
                                  ____


                           Amendment No. 2244

       In the bill on page 153, line 14 strike the words ``of such 
     carriers''.
                                 ______
                                 

            SHELBY (AND DOMENICI) AMENDMENTS NOS. 2245-2246

  (Ordered to lie on the table.)
  Mr. SHELBY (for himself and Mr. Domenici) submitted 2 amendments 
intended to be proposed by them to the bill S. 82, supra; as follows:

                           Amendment No. 2245

       At the appropriate place insert the following:

     SEC. ____. SENSE OF THE SENATE SUPPORTING CURRENT FUNDING FOR 
                   AVIATION.

       (a) Finding.--The Senate finds that funding for Federal 
     aviation programs is a high priority for this Congress and 
     sufficient funding is available to adequately address the 
     aviation needs of our country.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that it is both unnecessary and unwise to create any 
     mechanisms, procedures, or any new points of order designed 
     to dictate the level of aviation funding in the future.
                                  ____


                           Amendment No. 2246

       At the appropriate place insert the following:

     SEC. ____. BUDGET TREATMENT OF AVIATION PROGRAMS.

       (a) Findings.--The Senate finds the following:
       (1) In order to enforce Congressional Budget Resolutions 
     and help control Federal spending, there are currently at 
     least 22 different points of order in the Congressional 
     Budget Act of 1974. Many of these points of order require a 
     supermajority vote in the Senate.
       (2) With the exceptions of Social Security and the Postal 
     Service, all Federal Government spending is on-budget. On-
     budget treatment is the most appropriate way to account for 
     spending the taxpayers' money.
       (3) Since 1990, the existence of the discretionary spending 
     limits has been an extremely useful tool in Congress battle 
     against explosive Federal Government spending and the 
     deficit. Their existence has appropriately forced Congress 
     and the President to revisit the effectiveness of programs 
     and prioritize the use of taxpayers' money.
       (4) Funding for Federal aviation programs is a high 
     priority for this Congress and sufficient funding is 
     available within the existing discretionary spending limits 
     to adequately address the aviation needs of our country.
       (5) Creating additional budgetary constraints or points of 
     order--designed to dictate the outcome of future spending 
     debates--is unnecessary and unwise. To do so would require 
     the affirmative vote of a supermajority for final passage in 
     the Senate and would prevent future Congresses from making 
     the best spending decisions appropriate to our rapidly 
     changing world.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the current budgetary treatment of aviation programs 
     represents sound fiscal policy and encourages the best 
     decisionmaking; and
       (2) this Act or any other legislation which provides for 
     the reauthorization of funding for programs of the Federal 
     Aviation Administration shall not contain special budgetary 
     treatment including off-budget status, separate categories of 
     spending within the existing discretionary spending limits--
     also known as firewalls--or any new points of order.
                                 ______
                                 

                   ABRAHAM AMENDMENTS NOS. 2247-2251

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted 5 amendments intended to be proposed by him to 
the bill S. 82, supra; as follows:

                           Amendment No. 2247

       At the appropriate place insert the following:

     SEC.   . NONDISCRIMINATION IN THE USE OF PRIVATE AIRPORTS.

       Chapter 401 of Subtitle VII of title 49, United States 
     Code, is amended by inserting the following new section after 
     section 40122:

     ``Sec. 40123. Nondiscrimination in the use of private 
       airports.

       Notwithstanding any other provision of law, no state, 
     county, city or municipal government may prohibit the use or 
     full enjoyment of a private airport within its jurisdiction 
     by any person on the basis of that person's race, creed, 
     color, national origin, sex, or ancestry.''
                                  ____


                           Amendment No. 2248

       At the appropriate place insert the following:

     SEC.   . NONDISCRIMINATION IN THE USE OF PRIVATE AIRPORTS.

       (a) Prohibiting Discrimination in the Use of Private 
     Airports.--Chapter 401 of Subtitle VII of title 49, United 
     States Code, is amended by inserting the following new 
     section after section 40122:

     ``Sec. 40123. Nondiscrimination in the use of private 
       airports.

       ``(a) In General.--Notwithstanding any other provision of 
     law, no state, county, city or municipal government may 
     prohibit the use or full enjoyment of a private airport 
     within its jurisdiction by any person on the basis of that 
     person's race, creed, color, national origin, sex, or 
     ancestry.
       ``(b) Enforcement.--A person who has been discriminated 
     against under paragraph (a)

[[Page S12009]]

     may bring a civil action, for injunctive or declaratory 
     relief only, in the United States District Court for the 
     judicial district in which the private landing area is 
     located; provided, however, that neither the United States 
     Government nor any of its agencies, instrumentalities, or 
     employees, in their official capacity, shall be party to such 
     action.
       ``(c) Method of Redress.--Section (b) shall provide the 
     sole and exclusive method for the redress of claims arising 
     out of Section (a).
       ``(d) Limitations.--Nothing in this provision shall be 
     construed as a limitation, amendment, or change or to any 
     authorities, rights, or obligations of the United States 
     Government, nor any of its agencies, instrumentalities, or 
     employees, in the course of their official capacity.''
       (b) Judiciary and Judicial Procedures.--Title 28, United 
     States Code, Judiciary and Judicial Procedure is hereby 
     amended to provide exclusive jurisdiction over a claim 
     arising out of 49 U.S.C. Sec. 40101, et. seq., as amended by 
     P.L. 103-305 (August 23, 1994), in the United States District 
     Court for the judicial district in which the private landing 
     area is located, provided, however, that neither the United 
     States Government nor any of its agencies, instrumentalities, 
     or employees, in their official capacity, shall be party to 
     such an action.
                                  ____


                           Amendment No. 2249

       At the appropriate place insert the following:

     SEC.  . GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER 
                   AIRPORT GRANT FUND.

       (a) Definition.--Title 49, United States Code, is amended 
     by adding the following new section at the end of section 
     47144(d)(1):
       ``(C) General aviation metropolitan access and reliever 
     airport.--`General Aviation Metropolitan Access and Reliever 
     Airport' means a Reliever Airport which has annual operations 
     in excess of 75,000 operations, a runway with a minimum 
     usable landing distance of 5,000 feet, a precision instrument 
     landing procedure, a minimum of 150 based aircraft, and where 
     the adjacent Air Carrier Airport exceeds 20,000 hours of 
     annual delays as determined by the Federal Aviation 
     Administration.
       (b) Apportionment.--Title 49, United States Code, section 
     47114(d), is amended by adding at the end:
       ``(4) The Secretary shall apportion an additional 5 percent 
     of the amount subject to apportionment for each fiscal year 
     to each eligible General Aviation Metropolitan Access and 
     Reliever Airports in proportion to the percentage of the 
     number of operations at that General Aviation Metropolitan 
     Access and Reliever Airport compared to the total operations 
     of all General Aviation Metropolitan Access and Reliever 
     Airports.''
                                  ____


                           Amendment No. 2250

       At the appropriate place insert the following:

     SEC.  . GENERAL AVIATION METROPOLITAN ACCESS AND RELIEVER 
                   AIRPORT GRANT FUND.

       (a) Definition.--Title 49, United States Code, is amended 
     by adding the following new section at the end of section 
     47144(d)(1):
       ``(C) General aviation metropolitan access and reliever 
     airport.--`General Aviation Metropolitan Access and Reliever 
     Airport' means a Reliever Airport which has annual operations 
     in excess of 75,000 operations, a runway with a minimum 
     usable landing distance of 5,000 feet, a precision instrument 
     landing procedure, a minimum of 150 based aircraft, and where 
     the adjacent Air Carrier Airport exceeds 20,000 hours of 
     annual delays as determined by the Federal Aviation 
     Administration.
       (b) Apportionment.--Title 49, United States Code, section 
     47114(d), is amended by adding at the end:
       ``(4) The Secretary shall apportion an additional 5 percent 
     of the amount subject to apportionment for each fiscal year 
     to States that include a General Aviation Metropolitan Access 
     and Reliever Airport equal to the percentage of the 
     apportionment equal to the percentage of the number of 
     operations of the State's eligible General Aviation 
     Metropolitan Access and Reliever Airport compared to the 
     total operations of all General Aviation Metropolitan Access 
     and Reliever Airports. Such funds may only be used by the 
     States for eligible projects at eligible General Aviation 
     Metropolitan Access and Reliever Airports.''
                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 2251

  Mr. McCAIN (for Mr. Abraham) proposed an amendment to the bill, S. 
82, supra; as follows:

       On page 14, strike lines 9 through 11.
                                 ______
                                 

                    SHELBY AMENDMENTS NOS. 2252-2253

  (Ordered to lie on the table.)
  Mr. SHELBY submitted 2 amendments intended to be proposed by him to 
the bill S. 82, supra; as follows:

                           Amendment No. 2252

       At the appropriate place insert the following:

     SEC. ____. AVIATION DISCRETIONARY SPENDING GUARANTEE.

       Section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(c)) is amended--
       (1) in paragraph (5)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by adding ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(D) for the aviation category, an outlay amount equal to 
     the limitation on obligations for the airport improvement 
     program and the amounts authorized for operations, research, 
     and facilities, and equipment in the Air Transportation 
     Improvement Act for fiscal year 2001;''; and
       (2) in paragraph (6)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by adding at the end the following:
       ``(D) for the aviation category, an outlay amount equal to 
     the limitation on obligations for the airport improvement 
     program and the amounts authorized for operations, research, 
     and facilities, and equipment in the Air Transportation 
     Improvement Act for fiscal year 2002; and''.
                                  ____

       At the appropriate place, insert:

     SEC. 1. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND.

       Notwithstanding any other provision of law, the receipts 
     and disbursements of the Airport and Airway Trust Fund 
     established by section 9502 of the Internal Revenue Code of 
     1986--
       (1) shall not be counted as new budget authority, outlays, 
     receipts, or deficit or surplus for purposes of--
       (A) the budget of the United States Government as submitted 
     by the President;
       (B) the congressional budget (including allocations of 
     budget authority and outlays provided therein); or
       (C) the Balanced Budget and Emergency Deficit Control Act 
     of 1985; and
       (2) shall be exempt from any general budget limitation 
     imposed by statute on expenditures and net lending (budget 
     outlays) of the United States Government.

     SEC. 2. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT 
                   AND AIRWAY TRUST FUND.

       (a) In General.--Subhcapter I of chapter 471 is further 
     amended by adding at the end the following:

     ``Sec. 47138. Safeguards against deficit spending

       ``(a) Estimates of Unfunded Aviation Authorizations and Net 
     Aviation Receipts.--Not later than March 31 of each year, the 
     Secretary of Transportation, in consultation with the 
     Secretary of the Treasury, shall estimate--
       ``(1) the amount which would (but for this section) be the 
     unfunded aviation authorizations at the close of the first 
     fiscal year that begins after that March 31; and
       ``(2) the net aviation receipts to be credited to the 
     Airport and Airway Trust Fund during the fiscal year.
       ``(b) Procedures if Excess Unfunded Aviation 
     Authorizations.--If the Secretary of Transportation 
     determines for any fiscal year that the amount described on 
     subsection (a)(1) exceeds the amount described in subsection 
     (a)(2), the Secretary shall determine the amount of such 
     excess.
       ``(c) Adjustment of Authorizations if Unfunded 
     Authorizations Exceed receipts.--
       ``(1) Determination of percentage.--If the Secretary 
     determines that there is an excess referred to in subsection 
     (b) for a fiscal year, the Secretary shall determine the 
     percentage which--
       ``(A) such excess, is of
       ``(B) the total of the amounts authorized to be 
     appropriated from the Airport and Airway Trust Fund for the 
     next fiscal year.
       ``(2) Adjustment of authorizations.--If the Secretary 
     determines a percentage under paragraph (1), each amount 
     authorized to be appropriated from the Airport and Airway 
     Trust Fund for the next fiscal year shall be reduced by such 
     percentage.
       ``(d) Availability of Amounts Previously Withheld.--
       ``(1) Adjustment of authorizations.--If, after a reduction 
     has been made under subsection (c)(2), the Secretary 
     determines that the amount described in subsection (a)(1) 
     does not exceed the amount described in subsection (a)(2) or 
     that the excess referred to in subsection (b) is less than 
     the amount previously determined, each amount authorized to 
     be appropriated that was reduced under subsection ((c)(2) 
     shall be increased, by an equal percentage, to the extent the 
     Secretary determines that it may be so increased without 
     causing the amount described in subsection (a)(1) to exceed 
     the amount described in subsection (a)(2) (but not by more 
     than the amount of the reduction).
       ``(2) Apportionment.--The Secretary shall apportion amounts 
     made available for apportionment by paragraph (1).
       ``(3) Period of availability.--Any funds apportioned under 
     paragraph (2) shall remain available for the period for which 
     they would be available if such apportionment took effect 
     with the fiscal year in which they are apportioned under 
     paragraph (2).
       ``(e) Reports.--Any estimate under subsection (a) and any 
     determination under subsection (b), (c), or (d) shall be 
     reported by the Secretary to Congress.
       ``(f) Definitions.--For purposes of this section, the 
     following definitions apply:
       ``(1) Net aviation receipts.--The term `net aviation 
     receipts' means, with respect to any period, the excess of--
       ``(A) the receipts (including interest) of the Airport and 
     Airway Trust fund during such period, over

[[Page S12010]]

       ``(B) the amounts to be transferred during such period from 
     the Airport and Airway Trust Fund under section 9502(d) of 
     the Internal Revenue Code of 1986 (other than paragraph (1) 
     thereof).
       ``(2) Unfunded aviation authorizations.--The term `unfunded 
     aviation authorization' means, at any time, the excess (if 
     any) of--
       ``(A) the total amount authorized to be appropriated from 
     the Airport and Airway Trust Fund which has not been 
     appropriated, over
       ``(B) the amount available in the Airport and Airway Trust 
     Fund at such time to make such appropriation (after all other 
     unliquidated obligations at such time which are payable from 
     the Airport and Airway Trust Fund have been liquidated).''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 471 is further amended by adding at the end the 
     following:

``47138. Safeguards against deficit spending.''

     SEC. 3. ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS

       When the President submits the budget under section 1105(a) 
     of title 31, United States Code, for fiscal year 2001, the 
     Director of the Office of Management and Budget shall, 
     pursuant to section 251(b)(1)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, calculate and the 
     budget shall include appropriate reductions to the 
     discretionary spending limits for each of fiscal years 2001 
     and 2002 set forth in section 251(c)(5)(A) and section 
     251(c)(6)(A) of that Act (as adjusted under section 251 of 
     that Act) to reflect the discretionary baseline trust fund 
     spending (without any adjustment for inflation) for the 
     Federal Aviation Administration that is subject to section 
     902 of this Act for each of those two fiscal years.

     SEC. 4. APPLICABILITY.

       This title (including the amendments made by this Act) 
     shall apply to fiscal years beginning after September 30, 
     2000.
                                 ______
                                 

                        HATCH AMENDMENT NO. 2254

  (Ordered to lie on the table.)
  Mr. HATCH submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

       Insert in the appropriate place:
       [The parts of the bill intended to be stricken are shown in 
     boldface brackets and the parts to be inserted are shown in 
     italic.]

                                TITLE--

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Bankruptcy Reform Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--NEEDS-BASED BANKRUPTCY

Sec. 101. Conversion.
Sec. 102. Dismissal or conversion.
Sec. 103. Notice of alternatives.
Sec. 104. Debtor financial management training test program.
Sec. 105. Credit counseling.

                 TITLE II--ENHANCED CONSUMER PROTECTION

          Subtitle A--Penalties for Abusive Creditor Practices

Sec. 201. Promotion of alternative dispute resolution.
Sec. 202. Effect of discharge.
Sec. 203. Violations of the automatic stay.
Sec. 204. Discouraging abuse of reaffirmation practices.

                   Subtitle B--Priority Child Support

Sec. 211. Definition of domestic support obligation.
Sec. [211] 212. Priorities for claims for domestic support obligations.
Sec. [212] 213. Requirements to obtain confirmation and discharge in 
              cases involving domestic support obligations.
Sec. [213] 214. Exceptions to automatic stay in domestic support 
              obligation proceedings.
Sec. [214] 215. Nondischargeability of certain debts for alimony, 
              maintenance, and support.
Sec. [215] 216. Continued liability of property.
Sec. [216] 217. Protection of domestic support claims against 
              preferential transfer motions.
[Sec. 217. Amendment to section 1325 of title 11, United States Code.
[Sec. 218. Definition of domestic support obligation.
Sec. 218. Disposable income defined.
Sec. 219. Collection of child support.

                 Subtitle C--Other Consumer Protections

[Sec. 221. Definitions.
[Sec. 222. Disclosures.
[Sec. 223. Debtor's bill of rights.
[Sec. 224. Enforcement.]
Sec. 221. Amendments to discourage abusive bankruptcy filings.
Sec. [225] 222. Sense of Congress.
Sec. [226] 223. Additional amendments to title 11, United States Code.
Sec. 224. Protection of retirement savings in bankruptcy.

                TITLE III--DISCOURAGING BANKRUPTCY ABUSE

Sec. 301. Reinforcement of the fresh start.
Sec. 302. Discouraging bad faith repeat filings.
Sec. 303. Curbing abusive filings.
Sec. 304. Debtor retention of personal property security.
Sec. 305. Relief from the automatic stay when the debtor does not 
              complete intended surrender of consumer debt collateral.
Sec. 306. Giving secured creditors fair treatment in chapter 13.
Sec. 307. Exemptions.
Sec. 308. Residency requirement for homestead exemption.
Sec. 309. Protecting secured creditors in chapter 13 cases.
Sec. 310. Limitation on luxury goods.
Sec. 311. Automatic stay.
Sec. 312. Extension of period between bankruptcy discharges.
Sec. 313. Definition of household goods and antiques.
Sec. 314. Debt incurred to pay nondischargeable debts.
Sec. 315. Giving creditors fair notice in chapters 7 and 13 cases.
Sec. 316. Dismissal for failure to timely file schedules or provide 
              required information.
Sec. 317. Adequate time to prepare for hearing on confirmation of the 
              plan.
Sec. 318. Chapter 13 plans to have a 5-year duration in certain cases.
Sec. 319. Sense of the Congress regarding expansion of rule 9011 of the 
              Federal Rules of Bankruptcy Procedure.
Sec. 320. Prompt relief from stay in individual cases.
Sec. 321. Treatment of certain earnings of an individual debtor who 
              files a voluntary case under chapter 11.

       TITLE IV--GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS

           Subtitle A--General Business Bankruptcy Provisions

Sec. 401. Rolling stock equipment.
Sec. 402. Adequate protection for investors.
Sec. 403. Meetings of creditors and equity security holders.
Sec. 404. Protection of refinance of security interest.
Sec. 405. Executory contracts and unexpired leases.
Sec. 406. Creditors and equity security holders committees.
Sec. 407. Amendment to section 546 of title 11, United States Code.
Sec. 408. Limitation.
Sec. 409. Amendment to section 330(a) of title 11, United States Code.
Sec. 410. Postpetition disclosure and solicitation.
Sec. 411. Preferences.
Sec. 412. Venue of certain proceedings.
Sec. 413. Period for filing plan under chapter 11.
Sec. 414. Fees arising from certain ownership interests.
Sec. 415. Creditor representation at first meeting of creditors.
[Sec. 416. Elimination of certain fees payable in chapter 11 bankruptcy 
              cases.]
Sec. [417] 416. Definition of disinterested person.
Sec. [418] 417. Factors for compensation of professional persons.
Sec. [419] 418. Appointment of elected trustee.
Sec. 419. Utility service.

            Subtitle B--Small Business Bankruptcy Provisions

Sec. 421. Flexible rules for disclosure statement and plan.
Sec. 422. Definitions; effect of discharge.
Sec. 423. Standard form disclosure Statement and plan.
Sec. 424. Uniform national reporting requirements.
Sec. 425. Uniform reporting rules and forms for small business cases.
Sec. 426. Duties in small business cases.
Sec. 427. Plan filing and confirmation deadlines.
Sec. 428. Plan confirmation deadline.
Sec. 429. Prohibition against extension of time.
Sec. 430. Duties of the United States trustee.
Sec. 431. Scheduling conferences.
Sec. 432. Serial filer provisions.
Sec. 433. Expanded grounds for dismissal or conversion and appointment 
              of trustee.
Sec. 434. Study of operation of title 11, United States Code, with 
              respect to small businesses.
Sec. 435. Payment of interest.

                TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS

Sec. 501. Petition and proceedings related to petition.
Sec. 502. Applicability of other sections to chapter 9.

           TITLE VI--IMPROVED BANKRUPTCY STATISTICS AND DATA

Sec. 601. Audit procedures.
Sec. 602. Improved bankruptcy statistics.
Sec. 603. Uniform rules for the collection of bankruptcy data.
Sec. 604. Sense of Congress regarding availability of bankruptcy data.

                  TITLE VII--BANKRUPTCY TAX PROVISIONS

Sec. 701. Treatment of certain liens.
Sec. 702. Effective notice to government.
Sec. 703. Notice of request for a determination of taxes.
Sec. 704. Rate of interest on tax claims.
Sec. 705. Tolling of priority of tax claim time periods.
Sec. 706. Priority property taxes incurred.
Sec. 707. Chapter 13 discharge of fraudulent and other taxes.
Sec. 708. Chapter 11 discharge of fraudulent taxes.

[[Page S12011]]

Sec. 709. Stay of tax proceedings.
Sec. 710. Periodic payment of taxes in chapter 11 cases.
Sec. 711. Avoidance of statutory tax liens prohibited.
Sec. 712. Payment of taxes in the conduct of business.
Sec. 713. Tardily filed priority tax claims.
Sec. 714. Income tax returns prepared by tax authorities.
Sec. 715. Discharge of the estate's liability for unpaid taxes.
Sec. 716. Requirement to file tax returns to confirm chapter 13 plans.
Sec. 717. Standards for tax disclosure.
Sec. 718. Setoff of tax refunds.

           TITLE VIII--ANCILLARY AND OTHER CROSS-BORDER CASES

Sec. 801. Amendment to add chapter 15 to title 11, United States Code.
Sec. 802. Amendments to other chapters in title 11, United States Code.
Sec. 803. Claims relating to insurance deposits in cases ancillary to 
              foreign proceedings.

                TITLE IX--FINANCIAL CONTRACT PROVISIONS

Sec. 901. Bankruptcy Code amendments.
Sec. 902. Damage measure.
Sec. 903. Asset-backed securitizations.
Sec. 904. Effective date; application of amendments.

                 TITLE X--PROTECTION OF FAMILY FARMERS

Sec. 1001. Reenactment of chapter 12.
Sec. 1002. Debt limit increase.
Sec. 1003. Elimination of requirement that family farmer and spouse 
              receive over 50 percent of income from farming operation 
              in year prior to bankruptcy.
Sec. 1004. Certain claims owed to governmental units.

              TITLE XI--HEALTH CARE AND EMPLOYEE BENEFITS

[Sec. 1101. Definitions.
[Sec. 1102. Disposal of patient records.
[Sec. 1103. Administrative expense claim for costs of closing a health 
              care business.
[Sec. 1104. Appointment of ombudsman to act as patient advocate.
[Sec. 1105. Debtor in possession; duty of trustee to transfer 
              patients.]

                  TITLE [XII] XI--TECHNICAL AMENDMENTS

Sec. [1201] 1101. Definitions.
Sec. [1202] 1102. Adjustment of dollar amounts.
Sec. [1203] 1103. Extension of time.
Sec. [1204] 1104. Technical amendments.
Sec. [1205] 1105. Penalty for persons who negligently or fraudulently 
              prepare bankruptcy petitions.
Sec. [1206] 1106. Limitation on compensation of professional persons.
Sec. [1207] 1107. Special tax provisions.
Sec. [1208] 1108. Effect of conversion.
Sec. [1209] 1109. Allowance of administrative expenses.
[Sec. 1210. Priorities.
[Sec. 1211. Exemptions.]
Sec. [1212] 1110. Exceptions to discharge.
Sec. [1213] 1111. Effect of discharge.
Sec. [1214] 1112. Protection against discriminatory treatment.
Sec. [1215] 1113. Property of the estate.
Sec. [1216] 1114. Preferences.
Sec. [1217] 1115. Postpetition transactions.
Sec. [1218] 1116. Disposition of property of the estate.
Sec. [1219] 1117. General provisions.
Sec. [1220] 1118. Abandonment of railroad line.
Sec. [1221] 1119. Contents of plan.
Sec. [1222] 1120. Discharge under chapter 12.
Sec. [1223] 1121. Bankruptcy cases and proceedings.
Sec. [1224] 1122. Knowing disregard of bankruptcy law or rule.
Sec. [1225] 1123. Transfers made by nonprofit charitable corporations.
Sec. [1226] 1124. Protection of valid purchase money security 
              interests.
Sec. [1227] 1125. Extensions.
Sec. [1228] 1126. Bankruptcy judgeships.

  TITLE [XIII] XII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS

Sec. [1301] 1201. Effective date; application of amendments.

                    TITLE I--NEEDS-BASED BANKRUPTCY

     SEC. 101. CONVERSION.

       Section 706(c) of title 11, United States Code, is amended 
     by inserting ``or consents to'' after ``requests''.

     SEC. 102. DISMISSAL OR CONVERSION.

       (a) In General.--Section 707 of title 11, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 707. Dismissal of a case or conversion to a case under 
       chapter 13'';

     and
       (2) in subsection (b)--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) in paragraph (1), as redesignated by subparagraph (A) 
     of this paragraph--
       (i) in the first sentence--

       (I) by striking ``but not at the request or suggestion'' 
     and inserting ``, panel trustee or'';
       (II) by inserting ``, or, with the debtor's consent, 
     convert such a case to a case under chapter 13 of this 
     title,'' after ``consumer debts''; and
       (III) by striking ``substantial abuse'' and inserting 
     ``abuse''; and

       (ii) by striking the next to last sentence; and
       (C) by adding at the end the following:
       ``(2)(A)(i) In considering under paragraph (1) whether the 
     granting of relief would be an abuse of the provisions of 
     this chapter, the court shall presume abuse exists if the 
     debtor's current monthly income reduced by the amounts 
     determined under clauses (ii), (iii), and (iv), and 
     multiplied by 60 is not less than the lesser of--
       ``(I) 25 percent of the debtor's nonpriority unsecured 
     claims in the case; or
       ``(II) $15,000.
       ``(ii) The debtor's monthly expenses shall be the 
     applicable monthly (excluding payments for debts) expenses 
     under standards issued by the Internal Revenue Service for 
     the area in which the debtor resides, as in effect on the 
     date of the entry of the order for relief, for the debtor, 
     the dependents of the debtor, and the spouse of the debtor in 
     a joint case, if the spouse is not otherwise a dependent.
       ``(iii) The debtor's average monthly payments on account of 
     secured debts shall be calculated as--
       ``(I) the total of all amounts scheduled as contractually 
     due to secured creditors in each month of the 60 months 
     following the date of the petition; divided by
       ``(II) 60.
       ``(iv) The debtor's expenses for payment of all priority 
     claims (including priority child support and alimony claims) 
     shall be calculated as--
       ``(I) the total amount of debts entitled to priority; 
     divided by
       ``(II) 60.
       ``(B)(i) In any proceeding brought under this subsection, 
     the presumption of abuse may be rebutted by demonstrating 
     special circumstances that justify additional expenses or 
     adjustments of current monthly total income. In order to 
     establish special circumstances, the debtor shall be required 
     to--
       ``(I) itemize each additional expense or adjustment of 
     income; and
       ``(II) provide--
       ``(aa) documentation for such expenses; and
       ``(bb) a detailed explanation of the special circumstances 
     that make such expenses necessary and reasonable.
       ``(ii) The debtor, and the attorney for the debtor if the 
     debtor has an attorney, shall attest under oath to the 
     accuracy of any information provided to demonstrate that 
     additional expenses or adjustments to income are required.
       ``(iii) The presumption of abuse may be rebutted if the 
     additional expenses or adjustments to income referred to in 
     clause (i) cause the product of the debtor's current monthly 
     income reduced by the amounts determined under clauses (ii), 
     (iii), and (iv) of subparagraph (A) multiplied by 60 to be 
     less than the lesser of--
       ``(I) 25 percent of the debtor's nonpriority unsecured 
     claims; or
       ``(II) $15,000.
       ``(C)(i) As part of the schedule of current income and 
     expenditures required under section 521, the debtor shall 
     include a statement of the debtor's current monthly income, 
     and the calculations that determine whether a presumption 
     arises under subparagraph (A)(i), that shows how each such 
     amount is calculated.
       ``(ii) The Supreme Court shall promulgate rules under 
     section 2075 of title 28, that prescribe a form for a 
     statement under clause (i) and may provide general rules on 
     the content of the statement.
       ``(3) In considering under paragraph (1) whether the 
     granting of relief would be an abuse of the provisions of 
     this chapter in a case in which the presumption in 
     subparagraph (A)(i) of such paragraph does not apply or has 
     been rebutted, the court shall consider--
       ``(A) whether the debtor filed the petition in bad faith; 
     or
       ``(B) the totality of the circumstances (including whether 
     the debtor seeks to reject a personal services contract and 
     the financial need for such rejection as sought by the 
     debtor) of the debtor's financial situation demonstrates 
     abuse.''.
       (b) Definition.--Title 11, United States Code, is amended--
       (1) in section 101, by inserting after paragraph (10) the 
     following:
       ``(10A) `current monthly income'--
       ``(A) means the average monthly income from all sources 
     which the debtor, or in a joint case, the debtor and the 
     debtor's spouse, receive without regard to whether the income 
     is taxable income, derived during the 180-day period 
     preceding the date of determination; and
       ``(B) includes any amount paid by any entity other than the 
     debtor (or, in a joint case, the debtor and the debtor's 
     spouse), on a regular basis to the household expenses of the 
     debtor or the debtor's dependents (and, in a joint case, the 
     debtor's spouse if not otherwise a dependent);''; and
       (2) in section 704--
       (A) by inserting ``(a)'' before ``The trustee shall--''; 
     and
       (B) by adding at the end the following:
       ``(b)(1) With respect to an individual debtor under this 
     chapter--
       ``(A) the United States trustee or bankruptcy administrator 
     shall review all materials filed by the debtor and, not later 
     than 10 days before the first meeting of creditors, file with 
     the court a statement as to whether the debtor's case would 
     be presumed to be an abuse under section 707(b); and

[[Page S12012]]

       ``(B) not later than 5 days after receiving a statement 
     under subparagraph (A), the court shall provide a copy of the 
     statement to all creditors.
       ``(2) The United States trustee or bankruptcy administrator 
     shall not later than 30 days after receiving a statement 
     filed under paragraph (1) file a motion to dismiss or convert 
     under section 707(b), or file a statement setting forth the 
     reasons the United States trustee or bankruptcy administrator 
     does not believe that such a motion would be [appropriate. 
     If,] appropriate, if based on the filing of such statement 
     with the court, the United States trustee or bankruptcy 
     administrator determines that the debtor's case should be 
     presumed to be an abuse under section 707(b) and the product 
     of the debtor's current monthly income, multiplied by 12 is 
     not less than--
       ``(A) the highest national or applicable State median 
     family income reported for a family of equal or lesser size, 
     whichever is greater; or
       ``(B) in the case of a household of 1 person, the national 
     or applicable State median household income for 1 earner, 
     whichever is greater.
       ``(3)(A) The court shall order the counsel for the debtor 
     to reimburse the panel trustee for all reasonable costs in 
     prosecuting a motion brought under section 707(b), including 
     reasonable attorneys' fees, if--
       ``(i) a panel trustee appointed under section 586(a)(1) of 
     title 28 brings a motion for dismissal or conversion under 
     this subsection; and
       ``(ii) the court--
       ``(I) grants that motion; and
       ``(II) finds that the action of the counsel for the debtor 
     in filing under this chapter was not substantially justified.
       ``(B) If the court finds that the attorney for the debtor 
     violated Rule 9011, at a minimum, the court shall order--
       ``(i) the assessment of an appropriate civil penalty 
     against the counsel for the debtor; and
       ``(ii) the payment of the civil penalty to the panel 
     trustee or the United States trustee.
       ``(C) In the case of a petition referred to in subparagraph 
     (B), the signature of an attorney shall constitute a 
     certificate that the attorney has--
       ``(i) performed a reasonable investigation into the 
     circumstances that gave rise to the petition; and
       ``(ii) determined that the petition--
       ``(I) is well grounded in fact; and
       ``(II) is warranted by existing law or a good faith 
     argument for the extension, modification, or reversal of 
     existing law and does not constitute an abuse under paragraph 
     (1).
       ``(4)(A) Except as provided in subparagraph (B) and subject 
     to paragraph (5), the court may award a debtor all reasonable 
     costs in contesting a motion brought by a party in interest 
     (other than a panel trustee or United States trustee) under 
     this subsection (including reasonable attorneys' fees) if--
       ``(i) the court does not grant the motion; and
       ``(ii) the court finds that--
       ``(I) the position of the party that brought the motion was 
     not substantially justified; or
       ``(II) the party brought the motion solely for the purpose 
     of coercing a debtor into waiving a right guaranteed to the 
     debtor under this title.
       ``(B) A party in interest that has a claim of an aggregate 
     amount less than $1,000 shall not be subject to subparagraph 
     (A).
       ``(5) Only the judge, United States trustee, bankruptcy 
     administrator, or panel trustee may bring a motion under this 
     section if the debtor and the debtor's spouse combined, as of 
     the date of the order for relief, have a total current 
     monthly income equal to or less than the national or 
     applicable State median family monthly income calculated on a 
     monthly basis for a family of equal size.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     7 of title 11, United States Code, is amended by striking the 
     item relating to section 707 and inserting the following:

``707. Dismissal of a case or conversion to a case under chapter 13.''.

     SEC. 103. NOTICE OF ALTERNATIVES.

       Section 342(b) of title 11, United States Code, is amended 
     to read as follows:
       ``(b)(1) Before the commencement of a case under this title 
     by an individual whose debts are primarily consumer debts, 
     that individual shall be given or obtain (as required in 
     section 521(a)(1), as part of the certification process under 
     subchapter I of chapter 5) a written notice prescribed by the 
     United States trustee for the district in which the petition 
     is filed under section 586 of title 28.
       ``(2) The notice shall contain the following:
       ``(A) A brief description of chapters 7, 11, 12, and 13 and 
     the general purpose, benefits, and costs of proceeding under 
     each of those chapters.
       ``(B) A brief description of services that may be available 
     to that individual from a credit counseling service that is 
     approved by the United States trustee for that district.''.

     SEC. 104. DEBTOR FINANCIAL MANAGEMENT TRAINING TEST PROGRAM.

       (a) Development of Financial Management and Training 
     Curriculum and Materials.--The Director of the Executive 
     Office for United States Trustees (in this section referred 
     to as the ``Director'') shall--
       (1) consult with a wide range of individuals who are 
     experts in the field of debtor education, including trustees 
     who are appointed under chapter 13 of title 11, United States 
     Code, and who operate financial management education programs 
     for debtors; and
       (2) develop a financial management training curriculum and 
     materials that may be used to educate individual debtors 
     concerning how to better manage their finances.
       (b) Test.--
       (1) In general.--The Director shall select 3 judicial 
     districts of the United States in which to test the 
     effectiveness of the financial management training curriculum 
     and materials developed under subsection (a).
       (2) Availability of curriculum and materials.--For a 1-year 
     period beginning not later than 270 days after the date of 
     enactment of this Act, the curriculum and materials referred 
     to in paragraph (1) shall be made available by the Director, 
     directly or indirectly, on request to individual debtors in 
     cases filed during that 1-year period under chapter 7 or 13 
     of title 11, United States Code.
       (c) Evaluation.--
       (1) In general.--During the 1-year period referred to in 
     subsection (b), the Director shall evaluate the effectiveness 
     of--
       (A) the financial management training curriculum and 
     materials developed under subsection (a); and
       (B) a sample of existing consumer education programs such 
     as those described in the report of the National Bankruptcy 
     Review Commission issued on October 20, 1997, that are 
     representative of consumer education programs carried out 
     by--
       (i) the credit industry;
       (ii) trustees serving under chapter 13 of title 11, United 
     States Code; and
       (iii) consumer counseling groups.
       (2) Report.--Not later than 3 months after concluding the 
     evaluation under paragraph (1), the Director shall submit a 
     report to the Speaker of the House of Representatives and the 
     President pro tempore of the Senate, for referral to the 
     appropriate committees of Congress, containing the findings 
     of the Director regarding the effectiveness of such 
     curriculum, such materials, and such programs.

     SEC. 105. CREDIT COUNSELING.

       (a) Who May Be a Debtor.--Section 109 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(h)(1) Subject to paragraphs (2) and (3), and 
     notwithstanding any other provision of this section, an 
     individual may not be a debtor under this title unless that 
     individual has, during the [90-day period] 180-day period 
     preceding the date of filing of the petition of that 
     individual, received from an approved nonprofit credit 
     counseling service described in section 111(a) an individual 
     or group briefing that outlined the opportunities for 
     available credit counseling and assisted that individual in 
     performing a related budget analysis.
       ``(2)(A) Paragraph (1) shall not apply with respect to a 
     debtor who resides in a district for which the United States 
     trustee or bankruptcy administrator of the bankruptcy court 
     of that district determines that the approved nonprofit 
     credit counseling services for that district are not 
     reasonably able to provide adequate services to the 
     additional individuals who would otherwise seek credit 
     counseling from those programs by reason of the requirements 
     of paragraph (1).
       ``(B) Each United States trustee or bankruptcy 
     administrator that makes a determination described in 
     subparagraph (A) shall review that determination not later 
     than 1 year after the date of that determination, and not 
     less frequently than every year thereafter.
       ``(3)(A) Subject to subparagraph (B), the requirements of 
     paragraph (1) shall not apply with respect to a debtor who 
     submits to the court a certification that--
       ``(i) describes exigent circumstances that merit a waiver 
     of the requirements of paragraph (1);
       ``(ii) states that the debtor requested credit counseling 
     services from an approved nonprofit credit counseling 
     service, but was unable to obtain the services referred to in 
     paragraph (1) during the 5-day period beginning on the date 
     on which the debtor made that request; and
       ``(iii) is satisfactory to the court.
       ``(B) With respect to a debtor, an exemption under 
     subparagraph (A) shall cease to apply to that debtor on the 
     date on which the debtor meets the requirements of paragraph 
     (1), but in no case may the exemption apply to that debtor 
     after the date that is 30 days after the debtor files a 
     petition.''.
       (b) Chapter 7 Discharge.--Section 727(a) of title 11, 
     United States Code, is amended--
       (1) in paragraph (9), by striking ``or'' at the end;
       (2) in paragraph (10), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(11) after the filing of the petition, the debtor failed 
     to complete an instructional course concerning personal 
     financial management described in section 111.''.
       (c) Chapter 13 Discharge.--Section 1328 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(g) The court shall not grant a discharge under this 
     section to a debtor, unless after filing a petition the 
     debtor has completed an instructional course concerning 
     personal financial management described in section 111.
       ``(h) Subsection (g) shall not apply with respect to a 
     debtor who resides in a district for which the United States 
     trustee or bankruptcy administrator of the bankruptcy

[[Page S12013]]

     court of that district determines that the approved 
     instructional courses are not adequate to service the 
     additional individuals who would be required to complete the 
     instructional course by reason of the requirements of this 
     section.
       ``(i) Each United States trustee or bankruptcy 
     administrator that makes a determination described in 
     subsection (h) shall review that determination not later than 
     1 year after the date of that determination, and not less 
     frequently than every year thereafter.''.
       (d) Debtor's Duties.--Section 521 of title 11, United 
     States Code, is amended--
       (1) by inserting ``(a)'' before ``The debtor shall--''; and
       (2) by adding at the end the following:
       ``(b) In addition to the requirements under subsection (a), 
     an individual debtor shall file with the court--
       ``(1) a certificate from the credit counseling service that 
     provided the debtor services under section 109(h); and
       ``(2) a copy of the debt repayment plan, if any, developed 
     under section 109(h) through the credit counseling service 
     referred to in paragraph (1).''.
       (e) General Provisions.--
       (1) In general.--Chapter 1 of title 11, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 111. Credit counseling services; financial management 
       instructional courses

       ``(a) The clerk of each district shall maintain a list of 
     credit counseling services that provide 1 or more programs 
     described in section 109(h) and a list of instructional 
     courses concerning personal financial management that have 
     been approved by--
       ``(1) the United States trustee; or
       ``(2) the bankruptcy administrator for the district.''.
       (2) Clerical amendment.--The table of sections for chapter 
     1 of title 11, United States Code, is amended by adding at 
     the end the following:

``111. Credit counseling services; financial management instructional 
              courses.''.

       (f) Limitation.--Section 362 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(i) If a case commenced under chapter 7, 11, or 13 [of 
     this title] is dismissed due to the creation of a debt 
     repayment plan, for purposes of subsection (c)(3), any 
     subsequent case commenced by the debtor under any such 
     chapter shall not be presumed to be filed not in good 
     faith.''.

                 TITLE II--ENHANCED CONSUMER PROTECTION

          Subtitle A--Penalties for Abusive Creditor Practices

     SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE RESOLUTION.

       (a) Reduction of Claim.--Section 502 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(k)(1) The court, on the motion of the debtor and after a 
     hearing, may reduce a claim filed under this section based in 
     whole on unsecured consumer debts by not more than 20 percent 
     of the claim, if--
       ``(A) the claim was filed by a creditor who unreasonably 
     refused to negotiate a reasonable alternative repayment 
     schedule proposed by an approved credit counseling agency 
     acting on behalf of the debtor;
       ``(B) the offer of the debtor under subparagraph (A)--
       ``(i) was made at least 60 days before the filing of the 
     petition; and
       ``(ii) provided for payment of at least 60 percent of the 
     amount of the debt over a period not to exceed the repayment 
     period of the loan, or a reasonable extension thereof; and
       ``(C) no part of the debt under the alternative repayment 
     schedule is nondischargeable.
       ``(2) The debtor shall have the burden of proving, by clear 
     and convincing evidence, that--
       ``(A) the creditor unreasonably refused to consider the 
     debtor's proposal; and
       ``(B) the proposed alternative repayment schedule was made 
     in the 60-day period specified in paragraph (1)(B)(i).''.
       (b) Limitation on Avoidability.--Section 547 of title 11, 
     United States Code, is amended by adding at the end the 
     following:
       ``(h) The trustee may not avoid a transfer if such transfer 
     was made as a part of an alternative repayment plan between 
     the debtor and any creditor of the debtor created by an 
     approved credit counseling agency.''.

     SEC. 202. EFFECT OF DISCHARGE.

       Section 524 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(i) The willful failure of a creditor to credit payments 
     received under a plan confirmed under this title (including a 
     plan of reorganization confirmed under chapter 11 of this 
     title) in the manner required by the plan (including 
     crediting the amounts required under the plan) shall 
     constitute a violation of an injunction under subsection 
     (a)(2).''.

     SEC. 203. VIOLATIONS OF THE AUTOMATIC STAY.

       Section 362(a) of title 11, United States Code, is 
     amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) any communication (other than a recitation of the 
     creditor's legal rights) threatening a debtor (for the 
     purpose of coercing an agreement for the reaffirmation of 
     debt), at any time after the commencement and before the 
     granting of a discharge in a case under this title, of an 
     intention to--
       ``(A) file a motion to--
       ``(i) determine the dischargeability of a debt; or
       ``(ii) under section 707(b), [to] dismiss or convert a 
     case; or
       ``(B) repossess collateral from the debtor to which the 
     stay applies.''.

     SEC. 204. DISCOURAGING ABUSE OF REAFFIRMATION PRACTICES.

       (a) In General.--Section 524 of title 11, United States 
     Code, as amended by section 202 of this Act, is amended--
       (1) in subsection (c)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by inserting ``and'' at the end; 
     and
       (iii) by adding at the end the following:
       ``(C)(i) the consideration for such agreement is based on a 
     wholly unsecured consumer debt; and
       ``(ii) such agreement contains a clear and conspicuous 
     statement that advises the debtor that--
       ``(I) the debtor is entitled to a hearing before the court 
     at which--

       ``(aa) the debtor shall appear in person; and
       ``(bb) the court shall decide whether the agreement 
     constitutes an undue hardship, is not in the debtor's best 
     interest, or is not the result of a threat by the creditor to 
     take an action that, at the time of the threat, [that] the 
     creditor may not legally take or does not intend to take; and

       ``(II) if the debtor is represented by counsel, the debtor 
     may waive the debtor's right to a hearing under subclause (I) 
     by signing a statement--

       ``(aa) waiving the hearing;
       ``(bb) stating that the debtor is represented by counsel; 
     and
       ``(cc) identifying the counsel. ;''; [and]

       (B) in paragraph (6)(A)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) in clause (ii), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) not an agreement that the debtor entered into as a 
     result of a threat by the creditor to take an action that, at 
     the time of the threat, the creditor could not legally take 
     or did not intend to take[.]; except that''; and
       (C) in paragraph (6)(B), by striking ``Subparagraph'' and 
     inserting ``subparagraph''; and
       (2) in subsection (d), in the third sentence, by inserting 
     after ``during the course of negotiating an agreement'' the 
     following: ``(or if the consideration by such agreement is 
     based on a wholly secured consumer debt, and the debtor has 
     not waived the right to a hearing under subsection 
     (c)(2)(C))''.
       (b) Law Enforcement.--
       (1) In general.--Chapter 9 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 158. Designation of United States attorneys and agents 
       of the Federal Bureau of Investigation to address abusive 
       reaffirmations of debt

       ``(a) In General.--The Attorney General of the United 
     States shall designate the individuals described in 
     subsection (b) to have primary responsibility in carrying out 
     enforcement activities in addressing violations of section 
     152 or 157 relating to abusive reaffirmations of debt.
       ``(b) United States District Attorneys and Agents of the 
     Federal Bureau of Investigation--The individuals referred to 
     in subsection (a) are--
       ``(1) a United States attorney for each judicial district 
     of the United States; and
       ``(2) an agent of the Federal Bureau of Investigation 
     (within the meaning of section 3107) for each field office of 
     the Federal Bureau of Investigation.
       ``(c) Bankruptcy Investigations.--Each United States 
     attorney designated under this section shall have primary 
     responsibility for carrying out the duties of a United States 
     attorney under section 3057.''.
       (2) Clerical amendment.--The analysis for chapter 9 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``158. Designation of United States attorneys and agents of the Federal 
              Bureau of Investigation to address abusive reaffirmations 
              of debt.''.

       (c) Exceptions to Discharge.--Section 523 of title 11, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f) Nothing in this section or in any other provision of 
     this title shall preempt any State law relating to unfair 
     trade practices that imposes restrictions on creditor conduct 
     that would give rise to liability--
       ``(1) under this section; or
       ``(2) under section 524, for failure to comply with 
     applicable requirements for seeking a reaffirmation of debt.
       ``(g) Actions by States.--The attorney general of a State, 
     or an official or agency designated by a State--
       ``(1) may bring an action on behalf of its residents to 
     recover damages on their behalf under subsection (d) or 
     section 524(c); and
       ``(2) may bring an action in a State court to enforce a 
     State criminal law that is similar to section 152 or 157 of 
     title 18.''.

[[Page S12014]]

                   Subtitle B--Priority Child Support

     SEC. 211. DEFINITION OF DOMESTIC SUPPORT OBLIGATION.

       Section 101 of title 11, United States Code, is amended--
       (1) by striking paragraph (12A); and
       (2) by inserting after paragraph (14) the following:
       ``(14A) `domestic support obligation' means a debt that 
     accrues before or after the entry of an order for relief 
     under this title that is--
       ``(A) owed to or recoverable by--
       ``(i) a spouse, former spouse, or child of the debtor or 
     such child's parent or legal guardian; or
       ``(ii) a governmental unit;
       ``(B) in the nature of alimony, maintenance, or support 
     (including assistance provided by a governmental unit) of 
     such spouse, former spouse, or child of the debtor or such 
     child's parent or legal guardian, without regard to whether 
     such debt is expressly so designated;
       ``(C) established or subject to establishment before or 
     after entry of an order for relief under this title, by 
     reason of applicable provisions of--
       ``(i) a separation agreement, divorce decree, or property 
     settlement agreement;
       ``(ii) an order of a court of record; or
       ``(iii) a determination made in accordance with applicable 
     nonbankruptcy law by a governmental unit; and
       ``(D) not assigned to a nongovernmental entity, unless that 
     obligation is assigned voluntarily by the spouse, former 
     spouse, child, or parent or legal guardian of the child for 
     the purpose of collecting the debt.''.

     SEC. [211.] 212. PRIORITIES FOR CLAIMS FOR DOMESTIC SUPPORT 
                   OBLIGATIONS.

       Section 507(a) of title 11, United States Code, is 
     amended--
       (1) by striking paragraph (7);
       (2) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively;
       (3) in paragraph (2), as redesignated, by striking 
     ``First'' and inserting ``Second'';
       (4) in paragraph (3), as redesignated, by striking 
     ``Second'' and inserting ``Third'';
       (5) in paragraph (4), as redesignated, by striking 
     ``Third'' and inserting ``Fourth'';
       (6) in paragraph (5), as redesignated, by striking 
     ``Fourth'' and inserting ``Fifth'';
       (7) in paragraph (6), as redesignated, by striking 
     ``Fifth'' and inserting ``Sixth'';
       (8) in paragraph (7), as redesignated, by striking 
     ``Sixth'' and inserting ``Seventh''; and
       (9) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) First, allowed unsecured claims for domestic support 
     obligations to be paid in the following order on the 
     condition that funds received under this paragraph by a 
     governmental unit in a case under this title be applied and 
     distributed in accordance with applicable nonbankruptcy law:
       ``(A) Claims that, as of the date of entry of the order for 
     relief, are owed directly to a spouse, former spouse, or 
     child of the debtor, or the parent or legal guardian of such 
     child, without regard to whether the claim is filed by the 
     spouse, former spouse, child, or [parent] such child's parent 
     or legal guardian, or is filed by a governmental unit on 
     behalf of that person.
       ``(B) Claims that, as of the date of entry of the order for 
     relief, are assigned by a spouse, former spouse, child of the 
     debtor, or the parent or legal guardian of that child to a 
     governmental unit or are owed directly to a governmental unit 
     under applicable nonbankruptcy law.''.

     SEC. [212.] 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 become payable 
     after the date on which the petition is filed.'';]
       (1) 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) if the debtor is required by judicial or 
     administrative order or statute to pay a domestic support 
     obligation, unless the holder of such claim agrees to a 
     different treatment of such claim, provide for the full 
     payment of--
       ``(A) all amounts payable under such order or statute for 
     such obligation that first become payable after the date on 
     which the petition is filed; and
       ``(B) all amounts payable under such order before the date 
     on which such petition was filed, if such amounts are owed 
     directly to a spouse, former spouse, child of the debtor, or 
     a parent or legal guardian of such child.'';
       (2) 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 plan provides for the full payment of all 
     amounts payable under such order or statute for such 
     obligation that initially become payable after the date on 
     which the petition is filed.'';
       (3) in section 1228(a)--
       (A) by striking ``(a) As soon as practicable'' and 
     inserting ``(a)(1) Subject to paragraph (2), as soon as 
     practicable'';
       (B) by striking ``(1) provided'' and inserting the 
     following:
       ``(A) provided'';
       (C) by striking ``(2) of the kind'' and inserting the 
     following:
       ``(B) of the kind''; and
       (D) by adding at the end the following:
       ``(2) With respect to a debtor who is required by a 
     judicial or administrative order or statute to pay a domestic 
     support obligation, the court may not grant the debtor a 
     discharge under paragraph (1) until after the debtor 
     certifies that--
       ``(A) all amounts payable under that order or statute that 
     initially became payable after the date on which the petition 
     was filed (through the date of the certification) have been 
     paid; and
       ``(B) all amounts payable under that order that, as of the 
     date of the certification, are owed directly to a spouse, 
     former spouse, or child of the debtor, or the parent or legal 
     guardian of such child, have been paid, unless the holder of 
     such claim agrees to a different treatment of such claim.'';
       [(2)] (4) 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] the plan provides for full 
     payment of all amounts payable under such order for such 
     obligation that become payable after the date on which the 
     petition is filed.''; and
       [(3)] (5) in section 1328(a), in the matter preceding 
     paragraph (1), by inserting ``, and with respect to a debtor 
     who is required by a judicial or administrative order to pay 
     a domestic support obligation, and with respect to whom the 
     court certifies that all amounts payable under such order or 
     [statute that are due on or before the date] statute that 
     initially became payable after the date on which the petition 
     was filed through the date of the [certification (including 
     amounts due before or after the petition was filed) have been 
     paid'' after ``completion by the debtor of all payments under 
     the plan''.] certification have been paid, after all amounts 
     payable under that order that, as of the date of 
     certification, are owed directly to a spouse, former spouse, 
     or child of the debtor, or the parent or legal guardian of 
     such child have been paid (unless the holder of such claim 
     agrees to a different treatment of such claim),'' after 
     ``completion by the debtor of all payments under the plan''.

     SEC. [213.] 214. EXCEPTIONS TO AUTOMATIC STAY IN DOMESTIC 
                   SUPPORT OBLIGATION PROCEEDINGS.

       Section 362(b) of title 11, United States Code, is 
     amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) under subsection (a)--
       ``(A) of the commencement of an action or proceeding for--
       ``(i) the establishment of paternity [as a part of an 
     effort to collect domestic support obligations]; or
       ``(ii) the establishment or modification of an order for 
     domestic support obligations; or
       ``(B) the collection of a domestic support obligation from 
     property that] is not property of the estate;'';
       [(2) in paragraph (17), by striking ``or'' at the end;
       [(3) in paragraph (18), by striking the period at the end 
     and inserting a semicolon; and
       [(4) by inserting after paragraph (18) the following:
       [``(19) under subsection (a) with respect to the 
     withholding of income under an order as specified in section 
     466(b) of the Social Security Act (42 U.S.C. 666(b)); or
       [``(20) under subsection (a) with respect to--]
       (2) by inserting after paragraph (4) the following:
       ``(5) under subsection (a) with respect to the withholding 
     of income--
       ``(A) for payment of a domestic support obligation for 
     amounts that initially become payable after the date the 
     petition was filed; and
       ``(B) for payment of a domestic support obligation for 
     amounts payable before the date the petition was filed, and 
     owed directly to the spouse, former spouse, or child of the 
     debtor, or the parent or guardian of such child;'';
       (3) in paragraph (17), by striking ``or'' at the end;
       (4) in paragraph (18), by striking the period at the end 
     and inserting ``; or''; and
       (5) by inserting after paragraph (18) the following:
       ``(19) under subsection (a) with respect to--
       ``(A) 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)) [or with respect];
       ``(B) [to] the reporting of overdue support owed by an 
     absent parent to any consumer reporting agency as specified 
     in section 466(a)(7) of the Social Security Act (42 U.S.C. 
     666(a)(7));
       ``[(B)] (C) 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)), if such tax refund is payable 
     directly to a spouse, former spouse, or child of the debtor, 
     or the parent or legal guardian of such child; or
       ``[(C)] (D) the enforcement of medical obligations as 
     specified under title IV of the Social Security Act (42 
     U.S.C. 601 et seq.).''.

[[Page S12015]]

     SEC. [214.] 215. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR 
                   ALIMONY, MAINTENANCE, AND SUPPORT.

       Section 523 of title 11, United States Code, is amended--
       [(1) in subsection (a), by striking paragraph (5) and 
     inserting the following:
       [``(5) for a domestic support obligation;'';]
       (1) in subsection (a)--
       (A) by striking paragraph (5) and inserting the following:
       ``(5) for a domestic support obligation;'';
       (B) in paragraph (15)--
       (i) by inserting ``or'' after ``court of record''; and
       (ii) by striking ``unless--'' and all that follows through 
     the end of the paragraph and inserting a semicolon; and
       (2) in subsection (c), by striking ``(6), or (15)'' and 
     inserting ``or (6)''[; and].
       [(3) in paragraph (15), by striking ``governmental unit'' 
     and all through the end of the paragraph and inserting a 
     semicolon.]

     SEC. [215.] 216. CONTINUED LIABILITY OF PROPERTY.

       Section 522 of title 11, United States Code, is amended--
       (1) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) a debt of a kind specified in paragraph (1) or (5) of 
     section 523(a) (in which case, notwithstanding any provision 
     of applicable nonbankruptcy law to the contrary, such 
     property shall be liable for a debt of a kind specified in 
     section 523(a)(5));''; and
       (2) in subsection (f)(1)(A), by striking the dash and all 
     that follows through the end of the subparagraph and 
     inserting ``of a kind that is specified in section 523(a)(5); 
     or''.

     SEC. [216.] 217. PROTECTION OF DOMESTIC SUPPORT CLAIMS 
                   AGAINST PREFERENTIAL TRANSFER MOTIONS.

       Section 547(c)(7) of title 11, United States Code, is 
     amended to read as follows:
       ``(7) to the extent such transfer was a bona fide payment 
     of a debt for a domestic support obligation; or''.

     [SEC. 217. AMENDMENT TO SECTION 1325 OF TITLE 11, UNITED 
                   STATES CODE.

       [Section 1325(b)(2) of title 11, United States Code, is 
     amended by inserting ``(other than child support payments, 
     foster care payments, or disability payments for a dependent 
     child made in accordance with applicable nonbankruptcy law 
     and which is reasonably necessary to be expended)'' after 
     ``received by the debtor''.

     [SEC. 218. DEFINITION OF DOMESTIC SUPPORT OBLIGATION.

       [Section 101 of title 11, United States Code, is amended--
       [(1) by striking paragraph (12A); and
       [(2) by inserting after paragraph (14) the following:
       [``(14A) `domestic support obligation' means a debt that 
     accrues before or after the entry of an order for relief 
     under this title that is--
       [``(A) owed to or recoverable by--
       [``(i) a spouse, former spouse, or child of the debtor or 
     that child's legal guardian; or
       [``(ii) a governmental unit;
       [``(B) in the nature of alimony, maintenance, or support 
     (including assistance provided by a governmental unit) of 
     such spouse, former spouse, or child, without regard to 
     whether such debt is expressly so designated;
       [``(C) established or subject to establishment before or 
     after entry of an order for relief under this title, by 
     reason of applicable provisions of--
       [``(i) a separation agreement, divorce decree, or property 
     settlement agreement;
       [``(ii) an order of a court of record; or
       [``(iii) a determination made in accordance with applicable 
     nonbankruptcy law by a governmental unit; and
       [``(D) not assigned to a nongovernmental entity, unless 
     that obligation is assigned voluntarily by the spouse, former 
     spouse, child, or parent solely for the purpose of collecting 
     the debt.''.]

     SEC. 218. DISPOSABLE INCOME DEFINED.

       (a) Confirmation of Plan Under Chapter 12.--Section 
     1225(b)(2)(A) of title 11, United States Code, is amended by 
     inserting ``for a child support, foster care, or disability 
     payment for a dependent child made in accordance with 
     applicable nonbankruptcy law'' after ``dependent of the 
     debtor''.
       (b) Confirmation of Plan Under Chapter 13.--Section 
     1325(b)(2)(A) of title 11, United States Code, is amended by 
     inserting ``or for a child support, foster care, or 
     disability payment for a dependent child made in accordance 
     with applicable nonbankruptcy law'' after ``dependent of the 
     debtor''.

     SEC. 219. COLLECTION OF CHILD SUPPORT.

       (a) Duties of Trustee Under Chapter 7.--Section 704 of 
     title 11, United States Code, as amended by section 102(b) of 
     this Act, is amended--
       (1) in subsection (a)--
       (A) in paragraph (8), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(10) if, with respect to an individual debtor, there is a 
     claim for support of a child of the debtor or a custodial 
     parent or legal guardian of such child entitled to receive 
     priority under section 507(a)(1), provide the applicable 
     notification specified in subsection (c).''; and
       (2) by adding at the end the following:
       ``(c)(1) In any case described in subsection (a)(10), the 
     trustee shall--
       ``(A)(i) notify in writing the holder of the claim of the 
     right of that holder to use the services of a State child 
     support enforcement agency established under sections 464 and 
     466 of the Social Security Act (42 U.S.C. [654] 664 and 666, 
     respectively) for the State in which the holder resides for 
     assistance in collecting child support during and after the 
     bankruptcy procedures; [and]
       ``(ii) include in the notice under this paragraph the 
     address and telephone number of the child support enforcement 
     agency; and
       ``(iii) include in the notice an explanation of the rights 
     of the holder of the claim to payment of the claim under this 
     chapter; and
       ``(B)(i) notify in writing the State child support agency 
     of the State in which the holder of the claim resides of the 
     claim;
       ``(ii) include in the notice under this paragraph the name, 
     address, and telephone number of the holder of the claim; and
       ``(iii) at such time as the debtor is granted a discharge 
     under section 727, notify the holder of that claim and the 
     State child support agency of the State in which that holder 
     resides of--
       ``(I) the granting of the discharge;
       ``(II) the last recent known address of the debtor; and
       ``(III) with respect to the debtor's case, the name of each 
     creditor that holds a claim that--
       ``(aa) [that] is not discharged under paragraph (2), (4), 
     or (14A) of section 523(a); or
       ``(bb) [that] was reaffirmed by the debtor under section 
     524(c).
       ``(2)(A) If, after receiving a notice under paragraph 
     (1)(B)(iii), a holder of a claim or a State child support 
     agency is unable to locate the debtor that is the subject of 
     the notice, that party may request from a creditor described 
     in paragraph (1)(B)(iii)(III) (aa) or (bb) the last known 
     address of the debtor.
       ``(B) Notwithstanding any other provision of law, a 
     creditor that makes a disclosure of a last known address of a 
     debtor in connection with a request made under subparagraph 
     (A) shall not be liable to the debtor or any other person by 
     reason of making that disclosure.''.
       (b) Duties of Trustee Under Chapter 11.--Section 1106 of 
     title 11, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(7) if, with respect to an individual debtor, there is a 
     claim for support of a child of the debtor or a custodial 
     parent or legal guardian of such child entitled to receive 
     priority under section 507(a)(1), provide the applicable 
     notification specified in subsection (c).''; and
       (2) by adding at the end the following:
       ``(c)(1) In any case described in subsection (b)(7), the 
     trustee shall--
       ``(A)(i) notify in writing the holder of the claim of the 
     right of that holder to use the services of a State child 
     support enforcement agency established under sections 464 and 
     466 of the Social Security Act (42 U.S.C. 664 and 666) for 
     the State in which the holder resides; and
       ``(ii) include in the notice under this paragraph the 
     address and telephone number of the child support enforcement 
     agency; and
       ``(B)(i) notify, in writing, the State child support agency 
     (of the State in which the holder of the claim resides) of 
     the claim;
       ``(ii) include in the notice under this paragraph the name, 
     address, and telephone number of the holder of the claim; and
       ``(iii) at such time as the debtor is granted a discharge 
     under section 1141, notify the holder of the claim and the 
     State child support agency of the State in which that holder 
     resides of--
       ``(I) the granting of the discharge;
       ``(II) the last recent known address of the debtor; and
       ``(III) with respect to the debtor's case, the name of each 
     creditor that holds a claim that--
       ``(aa) is not discharged under paragraph (2), (4), or (14A) 
     of section 523(a); or
       ``(bb) was reaffirmed by the debtor under section 524(c).
       ``(2)(A) If, after receiving a notice under paragraph 
     (1)(B)(iii), a holder of a claim or a State child support 
     agency is unable to locate the debtor that is the subject of 
     the notice, that party may request from a creditor described 
     in paragraph (1)(B)(iii)(III) (aa) or (bb) the last known 
     address of the debtor.
       ``(B) Notwithstanding any other provision of law, a 
     creditor that makes a disclosure of a last known address of a 
     debtor in connection with a request made under subparagraph 
     (A) shall not be liable to the debtor or any other person by 
     reason of making that disclosure.''.
       (c) Duties of Trustee Under Chapter 12.--Section 1202 of 
     title 11, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for support of a child of the debtor or a custodial 
     parent or legal guardian of such child entitled to receive 
     priority under section 507(a)(1), provide the applicable 
     notification specified in subsection (c).''; and
       (2) by adding at the end the following:
       ``(c)(1) In any case described in subsection (b)(6), the 
     trustee shall--
       ``(A)(i) notify in writing the holder of the claim of the 
     right of that holder to use the services of a State child 
     support enforcement agency established under sections 464 and 
     466 of the Social Security Act (42 U.S.C. 664 and 666) for 
     the State in which the holder resides; and
       ``(ii) include in the notice under this paragraph the 
     address and telephone number of the child support enforcement 
     agency; and

[[Page S12016]]

       ``(B)(i) notify, in writing, the State child support agency 
     (of the State in which the holder of the claim resides) of 
     the claim;
       ``(ii) include in the notice under this paragraph the name, 
     address, and telephone number of the holder of the claim; and
       ``(iii) at such time as the debtor is granted a discharge 
     under section 1228, notify the holder of the claim and the 
     State child support agency of the State in which that holder 
     resides of--
       ``(I) the granting of the discharge;
       ``(II) the last recent known address of the debtor; and
       ``(III) with respect to the debtor's case, the name of each 
     creditor that holds a claim that--
       ``(aa) is not discharged under paragraph (2), (4), or (14A) 
     of section 523(a); or
       ``(bb) was reaffirmed by the debtor under section 524(c).
       ``(2)(A) If, after receiving a notice under paragraph 
     (1)(B)(iii), a holder of a claim or a State child support 
     agency is unable to locate the debtor that is the subject of 
     the notice, that party may request from a creditor described 
     in paragraph (1)(B)(iii)(III) (aa) or (bb) the last known 
     address of the debtor.
       ``(B) Notwithstanding any other provision of law, a 
     creditor that makes a disclosure of a last known address of a 
     debtor in connection with a request made under subparagraph 
     (A) shall not be liable to the debtor or any other person by 
     reason of making that disclosure.''.
       [(b)] (d) Duties of Trustee Under Chapter 13.--Section 1302 
     of title 11, United States Code, [as amended by section 
     102(b) of this Act,] is amended--
       (1) in subsection (b)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for support of a child of the debtor or a custodial 
     parent or legal guardian of such child entitled to receive 
     priority under section 507(a)(1), provide the applicable 
     notification specified in subsection (d).''; and
       [(s)] (2) by adding at the end the following:
       ``(d)(1) In any case described in subsection (b)(6), the 
     trustee shall--
       ``(A)(i) notify in writing the holder of the claim of the 
     right of that holder to use the services of a State child 
     support enforcement agency established under sections 464 and 
     466 of the Social Security Act (42 U.S.C. 664 and 666, 
     respectively) for the State in which the holder resides; and
       ``(ii) include in the notice under this paragraph the 
     address and telephone number of the child support enforcement 
     agency; and
       ``(B)(i) notify in writing the State child support agency 
     of the State in which the holder of the claim resides of the 
     claim; [and]
       ``(ii) include in the notice under this paragraph the name, 
     address, and telephone number of the holder of the claim; and
       ``(iii) at such time as the debtor is granted a discharge 
     under section 1328, notify the holder of the claim and the 
     State child support agency of the State in which that holder 
     resides of--
       ``(I) the granting of the discharge;
       ``(II) the last recent known address of the debtor; and
       ``(III) with respect to the debtor's case, the name of each 
     creditor that holds a claim that--
       ``(aa) [that] is not discharged under paragraph (2), (4), 
     or (14A) of section 523(a); or
       ``(bb) [that] was reaffirmed by the debtor under section 
     524(c).
       ``(2)(A) If, after receiving a notice under paragraph 
     (1)(B)(iii), a holder of a claim or a State child support 
     agency is unable to locate the debtor that is the subject of 
     the notice, that party may request from a creditor described 
     in paragraph (1)(B)(iii)(III) (aa) or (bb) the last known 
     address of the debtor.
       ``(B) Notwithstanding any other provision of law, a 
     creditor that makes a disclosure of a last known address of a 
     debtor in connection with a request made under subparagraph 
     (A) shall not be liable to the debtor or any other person by 
     reason of making that disclosure.''.

                 Subtitle C--Other Consumer Protections

     [SEC. 221. DEFINITIONS.

       [(a) Definitions.--Section 101 of title 11, United States 
     Code, is amended--
       [(1) by inserting after paragraph (3) the following:
       [``(3A) `assisted person' means any person whose debts 
     consist primarily of consumer debts and whose nonexempt 
     assets are less than $150,000;'';
       [(2) by inserting after paragraph (4) the following:
       [``(4A) `bankruptcy assistance' means any goods or services 
     sold or otherwise provided to an assisted person with the 
     express or implied purpose of providing information, advice, 
     counsel, document preparation or filing, or attendance at a 
     creditors' meeting or appearing in a proceeding on behalf of 
     another or providing legal representation with respect to a 
     proceeding under this title;''; and
       [(3) by inserting after paragraph (12A) the following:
       [``(12B) `debt relief agency' means any person who provides 
     any bankruptcy assistance to an assisted person in return for 
     the payment of money or other valuable consideration, or who 
     is a bankruptcy petition preparer under section 110, but does 
     not include any person that is any of the following or an 
     officer, director, employee, or agent thereof--
       [``(A) any nonprofit organization which is exempt from 
     taxation under section 501(c)(3) of the Internal Revenue Code 
     of 1986;
       [``(B) any creditor of the person to the extent the 
     creditor is assisting the person to restructure any debt owed 
     by the person to the creditor; or
       [``(C) any depository institution (as defined in section 3 
     of the Federal Deposit Insurance Act (12 U.S.C. 1813)) or any 
     Federal credit union or State credit union (as those terms 
     are defined in section 101 of the Federal Credit Union Act 
     (12 U.S.C. 1751)), or any affiliate or subsidiary of such a 
     depository institution or credit union;''.
       [(b) Conforming Amendment.--Section 104(b)(1) of title 11, 
     United States Code, is amended by inserting ``101(3),'' after 
     ``sections''.

     [SEC. 222. DISCLOSURES.

       [(a) Disclosures.--Subchapter II of chapter 5 of title 11, 
     United States Code, is amended by adding at the end the 
     following:

     [``Sec. 526. Disclosures

       [``(a) A debt relief agency providing bankruptcy assistance 
     to an assisted person shall provide the following notices to 
     the assisted person:
       [``(1) The written notice required under section 342(b)(1).
       [``(2) To the extent not covered in the written notice 
     described in paragraph (1) and not later than 3 business days 
     after the first date on which a debt relief agency first 
     offers to provide any bankruptcy assistance services to an 
     assisted person, a clear and conspicuous written notice 
     advising assisted persons that--
       [``(A) all information the assisted person is required to 
     provide with a petition and thereafter during a case under 
     this title shall be complete, accurate, and truthful;
       [``(B) all assets and all liabilities shall be completely 
     and accurately disclosed in the documents filed to commence 
     the case, and the replacement value of each asset, as defined 
     in section 506, shall be stated in those documents if 
     requested after reasonable inquiry to establish such value;
       [``(C) total current monthly income, projected monthly net 
     income and, in a case under chapter 13, monthly net income 
     shall be stated after reasonable inquiry; and
       [``(D) information an assisted person provides during the 
     case of that person may be audited under this title and the 
     failure to provide such information may result in dismissal 
     of the proceeding under this title or other sanction 
     including, in some instances, criminal sanctions.
       [``(b) A debt relief agency providing bankruptcy assistance 
     to an assisted person shall provide each assisted person at 
     the same time as the notices required under subsection (a)(1) 
     with the following statement, to the extent applicable, or a 
     substantially similar statement. The statement shall be clear 
     and conspicuous and shall be in a single document separate 
     from other documents or notices provided to the assisted 
     person:
       [`` `IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE 
     SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
       [`` `If you decide to seek bankruptcy relief, you can 
     represent yourself, you can hire an attorney to represent 
     you, or you can get help in some localities from a bankruptcy 
     petition preparer who is not an attorney. THE LAW REQUIRES AN 
     ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A 
     WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY 
     PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. 
     Ask to see the contract before you hire anyone.
       [`` `The following information helps you understand what 
     must be done in a routine bankruptcy case to help you 
     evaluate how much service you need. Although bankruptcy can 
     be complex, many cases are routine.
       [`` `Before filing a bankruptcy case, either you or your 
     attorney should analyze your eligibility for different forms 
     of debt relief made available by the Bankruptcy Code and 
     which form of relief is most likely to be beneficial for you. 
     Be sure you understand the relief you can obtain and its 
     limitations. To file a bankruptcy case, documents called a 
     Petition, Schedules and Statement of Financial Affairs, as 
     well as in some cases a Statement of Intention need to be 
     prepared correctly and filed with the bankruptcy court. You 
     will have to pay a filing fee to the bankruptcy court. Once 
     your case starts, you will have to attend the required first 
     meeting of creditors where you may be questioned by a court 
     official called a ``trustee'' and by creditors.
       [`` `If you choose to file a chapter 7 case, you may be 
     asked by a creditor to reaffirm a debt. You may want help 
     deciding whether to do so and a creditor is not permitted to 
     coerce you into reaffirming your debts.
       [`` `If you choose to file a chapter 13 case in which you 
     repay your creditors what you can afford over 3 to 5 years, 
     you may also want help with preparing your chapter 13 plan 
     and with the confirmation hearing on your plan which will be 
     before a bankruptcy judge.
       [`` `If you select another type of relief under the 
     Bankruptcy Code other than chapter 7 or chapter 13, you will 
     want to find out what needs to be done from someone familiar 
     with that type of relief.
       [`` `Your bankruptcy case may also involve litigation. You 
     are generally permitted to represent yourself in litigation 
     in bankruptcy court, but only attorneys, not bankruptcy 
     petition preparers, can give you legal advice.'.

[[Page S12017]]

       [``(c) Except to the extent the debt relief agency provides 
     the required information itself after reasonably diligent 
     inquiry of the assisted person or others so as to obtain such 
     information reasonably accurately for inclusion on the 
     petition, schedules or statement of financial affairs, a debt 
     relief agency providing bankruptcy assistance to an assisted 
     person, to the extent permitted by nonbankruptcy law, shall 
     provide each assisted person at the time required for the 
     notice required under subsection (a)(1) reasonably sufficient 
     information (which may be provided orally or in a clear and 
     conspicuous writing) to the assisted person on how to provide 
     all the information the assisted person is required to 
     provide under this title pursuant to section 521, including--
       [``(1) how to value assets at replacement value, determine 
     total current monthly income, projected monthly income and, 
     in a case under chapter 13, net monthly income, and related 
     calculations;
       [``(2) how to complete the list of creditors, including how 
     to determine what amount is owed and what address for the 
     creditor should be shown; and
       [``(3) how to--
       [``(A) determine what property is exempt; and
       [``(B) value exempt property at replacement value, as 
     defined in section 506.
       [``(d) A debt relief agency shall maintain a copy of the 
     notices required under subsection (a) of this section for a 
     period of 2 years after the latest date on which the notice 
     is given the assisted person.''.
       [(b) Conforming Amendment.--The table of sections for 
     chapter 5 of title 11, United States Code, is amended by 
     inserting after the item relating to section 525 the 
     following:

[``526. Disclosures.''.

     [SEC. 223. DEBTOR'S BILL OF RIGHTS.

       [(a) Debtor's Bill of Rights.--Subchapter II of chapter 5 
     of title 11, United States Code, as amended by section 222 of 
     this Act, is amended by adding at the end the following:

     [``Sec. 527. Debtor's bill of rights

       [``(a)(1) A debt relief agency shall--
       [``(A) not later than 5 business days after the first date 
     on which a debt relief agency provides any bankruptcy 
     assistance services to an assisted person, but before that 
     assisted person's petition under this title is filed--
       [``(i) execute a written contract with the assisted person 
     specifying clearly and conspicuously the services the agency 
     will provide the assisted person and the basis on which fees 
     or charges will be made for such services and the terms of 
     payment; and
       [``(ii) give the assisted person a copy of the fully 
     executed and completed contract in a form the person is able 
     to retain;
       [``(B) disclose in any advertisement of bankruptcy 
     assistance services or of the benefits of bankruptcy directed 
     to the general public (whether in general media, seminars or 
     specific mailings, telephonic or electronic messages, or 
     otherwise) that the services or benefits are with respect to 
     proceedings under this title, clearly and conspicuously using 
     the statement: `We are a debt relief agency. We help people 
     file bankruptcy petitions to obtain relief under the 
     Bankruptcy Code.' or a substantially similar statement; and
       [``(C) if an advertisement directed to the general public 
     indicates that the debt relief agency provides assistance 
     with respect to credit defaults, mortgage foreclosures, lease 
     eviction proceedings, excessive debt, debt collection 
     pressure, or inability to pay any consumer debt, disclose 
     conspicuously in that advertisement that the assistance is 
     with respect to or may involve proceedings under this title, 
     using the following statement: `We are a debt relief agency. 
     We help people file bankruptcy petitions to obtain relief 
     under the Bankruptcy Code.' or a substantially similar 
     statement.
       [``(2) For purposes of paragraph (1)(B), an advertisement 
     shall be of bankruptcy assistance services if that 
     advertisement describes or offers bankruptcy assistance with 
     a plan under chapter 12, without regard to whether chapter 13 
     is specifically mentioned. A statement such as `federally 
     supervised repayment plan' or `Federal debt restructuring 
     help' or any other similar statement that would lead a 
     reasonable consumer to believe that help with debts is being 
     offered when in fact in most cases the help available is 
     bankruptcy assistance with a plan under chapter 13 is a 
     statement covered under the preceding sentence.
       [``(b) A debt relief agency shall not--
       [``(1) fail to perform any service that the debt relief 
     agency has told the assisted person or prospective assisted 
     person the agency would provide that person in connection 
     with the preparation for or activities during a proceeding 
     under this title;
       [``(2) make any statement, or counsel or advise any 
     assisted person to make any statement in any document filed 
     in a proceeding under this title, that--
       [``(A) is untrue and misleading; or
       [``(B) upon the exercise of reasonable care, should be 
     known by the debt relief agency to be untrue or misleading;
       [``(3) misrepresent to any assisted person or prospective 
     assisted person, directly or indirectly, affirmatively or by 
     material omission, what services the debt relief agency may 
     reasonably expect to provide that person, or the benefits an 
     assisted person may obtain or the difficulties the person may 
     experience if the person seeks relief in a proceeding under 
     this title; or
       [``(4) advise an assisted person or prospective assisted 
     person to incur more debt in contemplation of that person 
     filing a proceeding under this title or in order to pay an 
     attorney or bankruptcy petition preparer fee or charge for 
     services performed as part of preparing for or representing a 
     debtor in a proceeding under this title.''.
       [(b) Conforming Amendment.--The table of sections for 
     chapter 5 of title 11, United States Code, as amended by 
     section 222 of this Act, is amended by inserting after the 
     item relating to section 526 of title 11, United States Code, 
     the following:

[[``527. Debtor's bill of rights.''.

     [[SEC. 224. ENFORCEMENT.

       [(a) Enforcement.--Subchapter II of chapter 5 of title 11, 
     United States Code, as amended by section 223 of this Act, is 
     amended by adding at the end the following:

     [``Sec. 528. Debt relief agency enforcement

       [``(a) Any waiver by any assisted person of any protection 
     or right provided by or under section 526 or 527 shall be 
     void and may not be enforced by any Federal or State court or 
     any other person.
       [``(b)(1) Any contract between a debt relief agency and an 
     assisted person for bankruptcy assistance that does not 
     comply with the material requirements of section 526 or 527 
     shall be treated as void and may not be enforced by any 
     Federal or State court or by any other person.
       [``(2) Any debt relief agency that has been found, after 
     notice and hearing, to have--
       [``(A) negligently failed to comply with any provision of 
     section 526 or 527 with respect to a bankruptcy case or 
     related proceeding of an assisted person;
       [``(B) provided bankruptcy assistance to an assisted person 
     in a case or related proceeding which is dismissed or 
     converted because the debt relief agency's negligent failure 
     to file bankruptcy papers, including papers specified in 
     section 521; or
       [``(C) negligently or intentionally disregarded the 
     material requirements of this title or the Federal Rules of 
     Bankruptcy Procedure applicable to such debt relief agency 
     shall be liable to the assisted person in the amount of any 
     fees and charges in connection with providing bankruptcy 
     assistance to such person that the debt relief agency has 
     already been paid on account of that proceeding.
       [``(3) In addition to such other remedies as are provided 
     under State law, whenever the chief law enforcement officer 
     of a State, or an official or agency designated by a State, 
     has reason to believe that any person has violated or is 
     violating section 526 or 527, the State--
       [``(A) may bring an action to enjoin such violation;
       [``(B) may bring an action on behalf of its residents to 
     recover the actual damages of assisted persons arising from 
     such violation, including any liability under paragraph (2); 
     and
       [``(C) in the case of any successful action under 
     subparagraph (A) or (B), shall be awarded the costs of the 
     action and reasonable attorney fees as determined by the 
     court.
       [``(4) The United States District Court for any district 
     located in the State shall have concurrent jurisdiction of 
     any action under subparagraph (A) or (B) of paragraph (3).
       [``(5) Notwithstanding any other provision of Federal law, 
     if the court, on its own motion or on the motion of the 
     United States trustee, finds that a person intentionally 
     violated section 526 or 527, or engaged in a clear and 
     consistent pattern or practice of violating section 526 or 
     527, the court may--
       [``(A) enjoin the violation of such section; or
       [``(B) impose an appropriate civil penalty against such 
     person.
       [``(c) This section and sections 526 and 527 shall not 
     annul, alter, affect, or exempt any person subject to those 
     sections from complying with any law of any State except to 
     the extent that such law is inconsistent with those sections, 
     and then only to the extent of the inconsistency.''.
       [(b) Conforming Amendment.--The table of sections for 
     chapter 5 of title 11, United States Code, as amended by 
     section 223 of this Act, is amended by inserting after the 
     item relating to section 527 of title 11, United States Code, 
     the following:

[``528. Debt relief agency enforcement.''.]

     SEC. 221. AMENDMENTS TO DISCOURAGE ABUSIVE BANKRUPTCY 
                   FILINGS.

       Section 110 of title 11, United States Code, is amended--
       (1) in subsection (a)(1), by inserting ``, under the direct 
     supervision of an attorney,'' after ``who'';
       (2) in subsection (b)--
       (A) in paragraph (1), by adding at the end the following: 
     ``If a bankruptcy petition preparer is not an individual, 
     then an officer, principal, responsible person, or partner of 
     the preparer shall be required to--
       ``(A) sign the document for filing; and
       ``(B) print on the document the name and address of that 
     officer, principal, responsible person or partner.'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2)(A) Before preparing any document for filing or 
     accepting any fees from a debtor, the bankruptcy petition 
     preparer shall provide to the debtor a written notice to 
     debtors concerning bankruptcy petition preparers, which shall 
     be on an official form issued by the Judicial Conference of 
     the United States.
       ``(B) The notice under subparagraph (A)--

[[Page S12018]]

       ``(i) shall inform the debtor in simple language that a 
     bankruptcy petition preparer is not an attorney and may not 
     practice law or give legal advice;
       ``(ii) may contain a description of examples of legal 
     advice that a bankruptcy petition preparer is not authorized 
     to give, in addition to any advice that the preparer may not 
     give by reason of subsection (e)(2); and
       ``(iii) shall--
       ``(I) be signed by--
       ``(aa) the debtor; and
       ``(bb) the bankruptcy petition preparer, under penalty of 
     perjury; and
       ``(II) be filed with any document for filing.'';
       (3) in subsection (c)--
       (A) in paragraph (2)--
       (i) by striking ``(2) For purposes'' and inserting ``(2)(A) 
     Subject to subparagraph (B), for purposes''; and
       (ii) by adding at the end the following:
       ``(B) If a bankruptcy petition preparer is not an 
     individual, the identifying number of the bankruptcy petition 
     preparer shall be the Social Security account number of the 
     officer, principal, responsible person, or partner of the 
     preparer.''; and
       (B) by striking paragraph (3);
       (4) in subsection (d)--
       (A) by striking ``(d)(1)'' and inserting ``(d)''; and
       (B) by striking paragraph (2);
       (5) in subsection (e)--
       (A) by striking paragraph (2); and
       (B) by adding at the end the following:
       ``(2)(A) A bankruptcy petition preparer may not offer a 
     potential bankruptcy debtor any legal advice, including any 
     legal advice described in subparagraph (B).
       ``(B) The legal advice referred to in subparagraph (A) 
     includes advising the debtor--
       ``(i) whether--
       ``(I) to file a petition under this title; or
       ``(II) commencing a case under chapter 7, 11, 12, or 13 is 
     appropriate;
       ``(ii) whether the debtor's debts will be eliminated or 
     discharged in a case under this title;
       ``(iii) whether the debtor will be able to retain the 
     debtor's home, car, or other property after commencing a case 
     under this title;
       ``(iv) concerning--
       ``(I) the tax consequences of a case brought under this 
     title; or
       ``(II) the dischargeability of tax claims;
       ``(v) whether the debtor may or should promise to repay 
     debts to a creditor or enter into a reaffirmation agreement 
     with a creditor to reaffirm a debt;
       ``(vi) concerning how to characterize the nature of the 
     debtor's interests in property or the debtor's debts; or
       ``(vii) concerning bankruptcy procedures and rights.'';
       (6) in subsection (f)--
       (A) by striking ``(f)(1)'' and inserting ``(f)''; and
       (B) by striking paragraph (2);
       (7) in subsection (g)--
       (A) by striking ``(g)(1)'' and inserting ``(g)''; and
       (B) by striking paragraph (2);
       (8) in subsection (h)--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (B) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(h)(1) The Supreme Court may promulgate rules under 
     section 2075 of title 28, or the Judicial Conference of the 
     United States may prescribe guidelines, for setting a maximum 
     allowable fee chargeable by a bankruptcy petition preparer. A 
     bankruptcy petition preparer shall notify the debtor of any 
     such maximum amount before preparing any document for filing 
     for a debtor or accepting any fee from the debtor.'';
       (C) in paragraph (2), as redesignated by subparagraph (A) 
     of this paragraph--
       (i) by striking ``Within 10 days after the date of filing a 
     petition, a bankruptcy petition preparer shall file a'' and 
     inserting ``A'';
       (ii) by inserting ``by the bankruptcy petition preparer 
     shall be filed together with the petition,'' after 
     ``perjury''; and
       (iii) by adding at the end the following: ``If rules or 
     guidelines setting a maximum fee for services have been 
     promulgated or prescribed under paragraph (1), the 
     declaration under this paragraph shall include a 
     certification that the bankruptcy petition preparer complied 
     with the notification requirement under paragraph (1).'';
       (D) by striking paragraph (3), as redesignated by 
     subparagraph (A) of this paragraph, and inserting the 
     following:
       ``(3)(A) The court shall disallow and order the immediate 
     turnover to the bankruptcy trustee any fee referred to in 
     paragraph (2) found to be in excess of the value of any 
     services--
       ``(i) rendered by the preparer during the 12-month period 
     immediately preceding the date of filing of the petition; or
       ``(ii) found to be in violation of any rule or guideline 
     promulgated or prescribed under paragraph (1).
       ``(B) All fees charged by a bankruptcy petition preparer 
     may be forfeited in any case in which the bankruptcy petition 
     preparer fails to comply with this subsection or subsection 
     (b), (c), (d), (e), (f), or (g).
       ``(C) An individual may exempt any funds recovered under 
     this paragraph under section 522(b).''; and
       (E) in paragraph (4), as redesignated by subparagraph (A) 
     of this paragraph, by striking ``or the United States 
     trustee'' and inserting ``the United States trustee, or the 
     court, on the initiative of the court,'';
       (9) in subsection (i)(1), by striking the matter preceding 
     subparagraph (A) and inserting the following:
       ``(i) If a bankruptcy petition preparer violates this 
     section or commits any act that the court finds to be 
     fraudulent, unfair, or deceptive, on motion of the debtor, 
     trustee, or United States trustee, and after the court holds 
     a hearing with respect to that violation or act, the court 
     shall order the bankruptcy petition preparer to pay to the 
     debtor--'';
       (10) in subsection (j)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(i)(I), by striking ``a violation of 
     which subjects a person to criminal penalty'';
       (ii) in subparagraph (B)--

       (I) by striking ``or has not paid a penalty'' and inserting 
     ``has not paid a penalty''; and
       (II) by inserting ``or failed to disgorge all fees ordered 
     by the court'' after ``a penalty imposed under this 
     section,'';

       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) The court, as part of its contempt power, may enjoin 
     a bankruptcy petition preparer that has failed to comply with 
     a previous order issued under this section. The injunction 
     under this paragraph may be issued upon motion of the court, 
     the trustee, or the United States trustee.''; and
       (11) by adding at the end the following:
       ``(l)(1) A bankruptcy petition preparer who fails to comply 
     with any provision of subsection (b), (c), (d), (e), (f), 
     (g), or (h) may be fined not more than $500 for each such 
     failure.
       ``(2) The court shall triple the amount of a fine assessed 
     under paragraph (1) in any case in which the court finds that 
     a bankruptcy petition preparer--
       ``(A) advised the debtor to exclude assets or income that 
     should have been included on applicable schedules;
       ``(B) advised the debtor to use a false Social Security 
     account number;
       ``(C) failed to inform the debtor that the debtor was 
     filing for relief under this title; or
       ``(D) prepared a document for filing in a manner that 
     failed to disclose the identity of the preparer.
       ``(3) The debtor, the trustee, a creditor, or the United 
     States trustee may file a motion for an order imposing a fine 
     on the bankruptcy petition preparer for each violation of 
     this section.
       ``(4) All fines imposed under this section shall be paid to 
     the United States trustee, who shall deposit an amount equal 
     to such fines in a special account of the United States 
     Trustee System Fund referred to in section 586(e)(2) of title 
     28. Amounts deposited under this paragraph shall be available 
     to fund the enforcement of this section on a national 
     basis.''.

     SEC. [225.] 222. SENSE OF CONGRESS.

       It is the sense of Congress that States should develop 
     curricula relating to the subject of personal finance, 
     designed for use in elementary and secondary schools.

     SEC. [226.] 223. ADDITIONAL AMENDMENTS TO TITLE 11, UNITED 
                   STATES CODE.

       (a) In General.--Section 507(a) of title 11, United States 
     Code, as amended by section [211] 212 of this Act, is amended 
     by inserting after paragraph (9) the following:
       ``(10) Tenth, allowed claims for death or personal injuries 
     resulting from the operation of a motor vehicle or vessel if 
     such operation was unlawful because the debtor was 
     intoxicated from using alcohol, a drug, or another 
     substance.''.
       (b) Vessels.--Section 523(a)(9) of title 11, United States 
     Code, is amended by inserting ``or vessel'' after 
     ``vehicle''.

     SEC. 224. PROTECTION OF RETIREMENT SAVINGS IN BANKRUPTCY.

       (a) In General.--Section 522 of title 11, United States 
     Code, as amended by section 215 of this Act, is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) by striking ``(2)(A) any property'' and inserting:
       ``(3) Property listed in this paragraph is--
       ``(A) any property'';
       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(C) retirement funds to the extent that those funds are 
     in a fund or account that is exempt from taxation under 
     section 401, 403, 408, 408A, 414, 457, or 501(a) of the 
     Internal Revenue Code of 1986.'';
       (B) by striking paragraph (1) and inserting:
       ``(2) Property listed in this paragraph is property that is 
     specified under subsection (d), unless the State law that is 
     applicable to the debtor under paragraph (3)(A) specifically 
     does not so authorize.'';
       (C) in the matter preceding paragraph (2)--
       (i) by striking ``(b)'' and inserting ``(b)(1)'';
       (ii) by striking ``paragraph (2)'' both places it appears 
     and inserting ``paragraph (3)'';
       (iii) by striking ``paragraph (1)'' each place it appears 
     and inserting ``paragraph (2)''; and
       (iv) by striking ``Such property is--''; and
       (D) by adding at the end of the subsection the following:
       ``(4) For purposes of paragraph (3)(C) and subsection 
     (d)(12), the following shall apply:
       ``(A) If the retirement funds are in a retirement fund that 
     has received a favorable determination pursuant to section 
     7805 of the Internal Revenue Code of 1986, and that 
     determination is in effect as of the date of the commencement 
     of the case under section 301, 302, or 303 of this title, 
     those funds shall be presumed to be exempt from the estate.
       ``(B) If the retirement funds are in a retirement fund that 
     has not received a favorable determination pursuant to such 
     section 7805, those funds are exempt from the estate if the 
     debtor demonstrates that--
       ``(i) no prior determination to the contrary has been made 
     by a court or the Internal Revenue Service; and
       ``(ii)(I) the retirement fund is in substantial compliance 
     with the applicable requirements of the Internal Revenue Code 
     of 1986; or

[[Page S12019]]

       ``(II) the retirement fund fails to be in substantial 
     compliance with the applicable requirements of the Internal 
     Revenue Code of 1986 and the debtor is not materially 
     responsible for that failure.
       ``(C) A direct transfer of retirement funds from 1 fund or 
     account that is exempt from taxation under section 401, 403, 
     408, 408A, 414, 457, or 501(a) of the Internal Revenue Code 
     of 1986, pursuant to section 401(a)(31) of the Internal 
     Revenue Code of 1986, or otherwise, shall not cease to 
     qualify for exemption under paragraph (3)(C) or subsection 
     (d)(12) by reason of that direct transfer.
       ``(D)(i) Any distribution that qualifies as an eligible 
     rollover distribution within the meaning of section 402(c) of 
     the Internal Revenue Code of 1986 or that is described in 
     clause (ii) shall not cease to qualify for exemption under 
     paragraph (3)(C) or subsection (d)(12) by reason of that 
     distribution.
       ``(ii) A distribution described in this clause is an amount 
     that--
       ``(I) has been distributed from a fund or account that is 
     exempt from taxation under section 401, 403, 408, 408A, 414, 
     457, or 501(a) of the Internal Revenue Code of 1986; and
       ``(II) to the extent allowed by law, is deposited in such a 
     fund or account not later than 60 days after the distribution 
     of that amount.''; and
       (2) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``subsection (b)(1)'' and inserting ``subsection (b)(2)''; 
     and
       (B) by adding at the end the following:
       ``(12) Retirement funds to the extent that those funds are 
     in a fund or account that is exempt from taxation under 
     section 401, 403, 408, 408A, 414, 457, or 501(a) of the 
     Internal Revenue Code of 1986.''.
       (b) Automatic Stay.--Section 362(b) of title 11, United 
     States Code, as amended by section 214 of this Act, is 
     amended--
       (1) in paragraph (18), by striking ``or'' at the end;
       (2) in paragraph (19), by striking the period and inserting 
     ``; or'';
       (3) by inserting after paragraph (19) the following:
       ``(20) under subsection (a), of withholding of income from 
     a debtor's wages and collection of amounts withheld, pursuant 
     to the debtor's agreement authorizing that withholding and 
     collection for the benefit of a pension, profit-sharing, 
     stock bonus, or other plan established under section 401, 
     403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue 
     Code of 1986 that is sponsored by the employer of the debtor, 
     or an affiliate, successor, or predecessor of such employer--
       ``(A) to the extent that the amounts withheld and collected 
     are used solely for payments relating to a loan from a plan 
     that satisfies the requirements of section 408(b)(1) of the 
     Employee Retirement Income Security Act of 1974 or is subject 
     to section 72(p) of the Internal Revenue Code of 1986; or
       ``(B) in the case of a loan from a thrift savings plan 
     described in subchapter III of title 5, that satisfies the 
     requirements of section 8433(g) of such title;''; and
       (4) by adding at the end of the flush material at the end 
     of the subsection, the following: ``Nothing in paragraph (20) 
     may be construed to provide that any loan made under a 
     governmental plan under section 414(d), or a contract or 
     account under section 403(b), of the Internal Revenue Code of 
     1986 constitutes a claim or a debt under this title.''.
       (c) Exceptions To Discharge.--Section 523(a) of title 11, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (17);
       (2) by striking the period at the end of paragraph (18) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(19) owed to a pension, profit-sharing, stock bonus, or 
     other plan established under section 401, 403, 408, 408A, 
     414, 457, or 501(c) of the Internal Revenue Code of 1986, 
     pursuant to--
       ``(A) a loan permitted under section 408(b)(1) of the 
     Employee Retirement Income Security Act of 1974, or subject 
     to section 72(p) of the Internal Revenue Code of 1986; or
       ``(B) a loan from the thrift savings plan described in 
     subchapter III of title 5, that satisfies the requirements of 
     section 8433(g) of such title.
     Nothing in paragraph (19) may be construed to provide that 
     any loan made under a governmental plan under section 414(d), 
     or a contract or account under section 403(b), of the 
     Internal Revenue Code of 1986 constitutes a claim or a debt 
     under this title.''
       (d) Plan Contents.--Section 1322 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(f) A plan may not materially alter the terms of a loan 
     described in section 362(b)(20).''.

                TITLE III--DISCOURAGING BANKRUPTCY ABUSE

     SEC. 301. REINFORCEMENT OF THE FRESH START.

       Section 523(a)(17) of title 11, United States Code, is 
     amended--
       (1) by striking ``by a court'' and inserting ``on a 
     prisoner by any court'',
       (2) by striking ``section 1915(b) or (f)'' and inserting 
     ``subsection (b) or (f)(2) of section 1915'', and
       (3) by inserting ``(or a similar non-Federal law)'' after 
     ``title 28'' each place it appears.

     SEC. 302. DISCOURAGING BAD FAITH REPEAT FILINGS.

       Section 362(c) of title 11, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) if a single or joint case is filed by or against an 
     individual debtor under chapter 7, 11, or 13, and if a single 
     or joint case of the debtor was pending within the preceding 
     1-year period but was dismissed, other than a case refiled 
     under a chapter other than chapter 7 after dismissal under 
     section 707(b)--
       ``(A) the stay under subsection (a) with respect to any 
     action taken with respect to a debt or property securing such 
     debt or with respect to any lease will terminate with respect 
     to the debtor on the 30th day after the filing of the later 
     case;
       ``(B) upon motion by a party in interest for continuation 
     of the automatic stay and upon notice and a hearing, the 
     court may extend the stay in particular cases as to any or 
     all creditors (subject to such conditions or limitations as 
     the court may then impose) after notice and a hearing 
     completed before the expiration of the 30-day period only if 
     the party in interest demonstrates that the filing of the 
     later case is in good faith as to the creditors to be stayed; 
     and
       ``(C) for purposes of subparagraph (B), a case is 
     presumptively filed not in good faith (but such presumption 
     may be rebutted by clear and convincing evidence to the 
     contrary)--
       ``(i) as to all creditors, if--

       ``(I) more than 1 previous case under any of chapter 7, 11, 
     or 13 in which the individual was a debtor was pending within 
     the preceding 1-year period;
       ``(II) a previous case under any of chapter 7, 11, or 13 in 
     which the individual was a debtor was dismissed within such 
     1-year period, after the debtor failed to--

       ``(aa) file or amend the petition or other documents as 
     required by this title or the court without substantial 
     excuse (but mere inadvertence or negligence shall not be a 
     substantial excuse unless the dismissal was caused by the 
     negligence of the debtor's attorney);
       ``(bb) provide adequate protection as ordered by the court; 
     or
       ``(cc) perform the terms of a plan confirmed by the court; 
     or

       ``(III) there has not been a substantial change in the 
     financial or personal affairs of the debtor since the 
     dismissal of the next most previous case under chapter 7, 11, 
     or 13 [of this title], or any other reason to conclude that 
     the later case will be concluded--

       ``(aa) if a case under chapter 7 [of this title], with a 
     discharge; or
       ``(bb) if a case under chapter 11 or 13 [of this title], 
     with a confirmed plan which will be fully performed; and
       ``(ii) as to any creditor that commenced an action under 
     subsection (d) in a previous case in which the individual was 
     a debtor if, as of the date of dismissal of such case, that 
     action was still pending or had been resolved by terminating, 
     conditioning, or limiting the stay as to actions of such 
     creditor; and
       ``(4)(A)(i) if a single or joint case is filed by or 
     against an individual debtor under this title, and if 2 or 
     more single or joint cases of the debtor were pending within 
     the previous year but were dismissed, other than a case 
     refiled under section 707(b), the stay under subsection (a) 
     shall not go into effect upon the filing of the later case; 
     and
       ``(ii) on request of a party in interest, the court shall 
     promptly enter an order confirming that no stay is in effect;
       ``(B) if, within 30 days after the filing of the later 
     case, a party in interest requests the court may order the 
     stay to take effect in the case as to any or all creditors 
     (subject to such conditions or limitations as the court may 
     impose), after notice and hearing, only if the party in 
     interest demonstrates that the filing of the later case is in 
     good faith as to the creditors to be stayed;
       ``(C) a stay imposed under subparagraph (B) shall be 
     effective on the date of entry of the order allowing the stay 
     to go into effect; and
       ``(D) for purposes of subparagraph (B), a case is 
     presumptively not filed in good faith (but such presumption 
     may be rebutted by clear and convincing evidence to the 
     contrary)--
       ``(i) as to all creditors if--
       ``(I) 2 or more previous cases under this title in which 
     the individual was a debtor were pending within the 1-year 
     period;
       ``(II) a previous case under this title in which the 
     individual was a debtor was dismissed within the time period 
     stated in this paragraph after the debtor failed to file or 
     amend the petition or other documents as required by this 
     title or the court without substantial excuse (but mere 
     inadvertence or negligence shall not be substantial excuse 
     unless the dismissal was caused by the negligence of the 
     debtor's attorney), failed to pay adequate protection as 
     ordered by the court, or failed to perform the terms of a 
     plan confirmed by the court; or
       ``(III) there has not been a substantial change in the 
     financial or personal affairs of the debtor since the 
     dismissal of the next most previous case under this title, or 
     any other reason to conclude that the later case will not be 
     concluded, if a case under chapter 7, with a discharge, and 
     if a case under chapter 11 or 13, with a confirmed plan that 
     will be fully performed; or
       ``(ii) as to any creditor that commenced an action under 
     subsection (d) in a previous case in which the individual was 
     a debtor if, as of the date of dismissal of such case, such 
     action was still pending or had been resolved by terminating, 
     conditioning, or limiting the stay as to action of such 
     creditor.''.

     SEC. 303. CURBING ABUSIVE FILINGS.

       (a) In General.--Section 362(d) of title 11, United States 
     Code, is amended--

[[Page S12020]]

       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) with respect to a stay of an act against real 
     property under subsection (a), by a creditor whose claim is 
     secured by an interest in such real estate, if the court 
     finds that the filing of the bankruptcy petition was part of 
     a scheme to delay, hinder, and defraud creditors that 
     involved either--
       ``(A) transfer of all or part ownership of, or other 
     interest in, the real property without the consent of the 
     secured creditor or court approval; or
       ``(B) multiple bankruptcy filings affecting the real 
     property.

     If recorded in compliance with applicable State laws 
     governing notices of interests or liens in real property, an 
     order entered under this subsection shall be binding in any 
     other case under this title purporting to affect the real 
     property filed not later than 2 years after that recording, 
     except that a debtor in a subsequent case may move for relief 
     from such order based upon changed circumstances or for good 
     cause shown, after notice and a hearing.''.
       (b) Automatic Stay.--Section 362(b) of title 11, United 
     States Code, as amended by section [213] 224 of this Act, is 
     amended--
       (1) in paragraph (19), by striking ``or'' at the end;
       (2) in paragraph (20), by striking the period at the end; 
     and
       (3) by inserting after paragraph (20) the following:
       ``(21) under subsection (a), of any act to enforce any lien 
     against or security interest in real property following the 
     entry of an order under section 362(d)(4) as to that property 
     in any prior bankruptcy case for a period of 2 years after 
     entry of such an order, except that the debtor, in a 
     subsequent case, may move the court for relief from such 
     order based upon changed circumstances or for other good 
     cause shown, after notice and a hearing; or
       ``(22) under subsection (a), of any act to enforce any lien 
     against or security interest in real property--
       ``(A) if the debtor is ineligible under section 109(g) to 
     be a debtor in a bankruptcy case; or
       ``(B) if the bankruptcy case was filed in violation of a 
     bankruptcy court order in a prior bankruptcy case prohibiting 
     the debtor from being a debtor in another bankruptcy case.''.

     SEC. 304. DEBTOR RETENTION OF PERSONAL PROPERTY SECURITY.

       Title 11, United States Code, is amended--
       (1) in section 521(a), as so redesignated by section 105(d) 
     of this Act--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) in an individual case under chapter 7 [of this 
     title], not retain possession of personal property as to 
     which a creditor has an allowed claim for the purchase price 
     secured in whole or in part by an interest in that personal 
     property unless, in the case of an individual debtor, the 
     debtor within 45 days after the first meeting of creditors 
     under section 341(a)--
       ``(A) enters into an agreement with the creditor under 
     section 524(c) with respect to the claim secured by such 
     property; or
       ``(B) redeems such property from the security interest 
     under section 722.''; and
       (C) by adding at the end the following:
       ``(b) [If the debtor] For purposes of subsection (a)(6), if 
     the debtor fails to so act within the 45-day period specified 
     in subsection (a)(6), the personal property affected shall no 
     longer be property of the estate, and the creditor may take 
     whatever action as to such property as is permitted by 
     applicable nonbankruptcy law, unless the court determines on 
     the motion of the trustee, and after notice and a hearing, 
     that such property is of consequential value or benefit to 
     the estate.''; and
       (2) in section 722, by inserting ``in full at the time of 
     redemption'' before the period at the end.

     SEC. 305. RELIEF FROM THE AUTOMATIC STAY WHEN THE DEBTOR DOES 
                   NOT COMPLETE INTENDED SURRENDER OF CONSUMER 
                   DEBT COLLATERAL.

       Title 11, United States Code, is amended--
       (1) in section 362--
       (A) in subsection (c), by striking ``(e), and (f)'' and 
     inserting ``(e), (f), and (h)''; and
       (B) by redesignating subsection (h), as amended by section 
     227 of this Act, as subsection (j) and by inserting after 
     subsection (g) the following:
       ``(h)(1) Subject to paragraph (2), in an individual case 
     under chapter 7, 11, or 13 the stay provided by subsection 
     (a) is terminated with respect to property of the estate 
     securing in whole or in part a claim, or subject to an 
     unexpired lease, if the debtor fails within the applicable 
     period of time set by section 521(a)(2) to--
       ``(A) file timely any statement of intention required under 
     section 521(a)(2) with respect to that property or to 
     indicate therein that the debtor--
       ``(i) will either surrender the property or retain the 
     property; and
       ``(ii) if retaining the property, will, as applicable--
       ``(I) redeem the property under section 722;
       ``(II) reaffirm the debt the property secures under section 
     524(c); or
       ``(III) assume the unexpired lease under section 365(p) if 
     the trustee does not do so; or
       ``(B) take timely the action specified in that statement of 
     intention, as the statement may be amended before expiration 
     of the period for taking action, unless the statement of 
     intention specifies reaffirmation and the creditor refuses to 
     reaffirm on the original contract terms.
       ``(2) Paragraph (1) shall not apply if the court determines 
     on the motion of the trustee, and after notice and a hearing, 
     that such property is of consequential value or benefit to 
     the estate.''; and
       (2) in section 521, as amended by section 304 of this Act--
       (A) in subsection (a)(2), as redesignated by section 105(d) 
     of this Act--
       (i) by striking ``consumer'';
       (ii) in subparagraph (B)--

       (I) by striking ``forty-five days after the filing of a 
     notice of intent under this section'' and inserting ``30 days 
     after the first date set for the meeting of creditors under 
     section 341(a)''; and
       (II) by striking ``forty-five day period'' and inserting 
     ``30-day period''; and

       (iii) in subparagraph (C), by inserting ``except as 
     provided in section 362(h)'' before the semicolon; and
       (B) by adding at the end the following:
       ``(c) If the debtor fails timely to take the action 
     specified in subsection (a)(6), or in paragraph (1) or (2) of 
     section 362(h), with respect to property which a lessor or 
     bailor owns and has leased, rented, or bailed to the debtor 
     or as to which a creditor holds a security interest not 
     otherwise voidable under section 522(f), 544, 545, 547, 548, 
     or 549, nothing in this title shall prevent or limit the 
     operation of a provision in the underlying lease or agreement 
     that has the effect of placing the debtor in default under 
     that lease or agreement by reason of the occurrence, 
     pendency, or existence of a proceeding under this title or 
     the insolvency of the debtor. Nothing in this subsection 
     shall be deemed to justify limiting such a provision in any 
     other circumstance.''.

     SEC. 306. GIVING SECURED CREDITORS FAIR TREATMENT IN CHAPTER 
                   13.

       (a) In General.--Section 1325(a)(5)(B)(i) of title 11, 
     United States Code, is amended to read as follows:
       ``(i) the plan provides that--
       ``(I) the holder of such claim retain the lien securing 
     such claim until the earlier of--

       ``(aa) the payment of the underlying debt determined under 
     nonbankruptcy law; or
       ``(bb) discharge under section 1328; and

       ``(II) if the case under this chapter is dismissed or 
     converted without completion of the plan, such lien shall 
     also be retained by such holder to the extent recognized by 
     applicable nonbankruptcy law; and''.
       (b) Restoring the Foundation for Secured Credit.--Section 
     1325(a) of title 11, United States Code, is amended by adding 
     at the end the following flush sentence:
     ``For purposes of paragraph (5), section 506 shall not apply 
     to a claim described in that paragraph if the debt that is 
     the subject of the claim was incurred within the 5-year 
     period preceding the filing of the petition and the 
     collateral for that debt consists of a motor vehicle (as 
     defined in section 30102 of title 49) acquired for the 
     personal use of the debtor, or if collateral for that debt 
     consists of any other thing of value, if the debt was 
     incurred during the 6-month period preceding that filing.''.
       (c) Definitions.--Section 101 of title 11, United States 
     Code, as amended by section [221] 211 of this Act, is 
     amended--
       (1) by inserting after paragraph (13) the following:
       ``(13A) `debtor's principal residence'--
       ``(A) means a residential structure, including incidental 
     property, without regard to whether that structure is 
     attached to real property; and
       ``(B) includes an individual condominium or cooperative 
     unit;''; and
       (2) by inserting after paragraph (27), the following:
       ``(27A) `incidental property' means, with respect to a 
     debtor's principal residence--
       ``(A) property commonly conveyed with a principal residence 
     in the area where the real estate is located;
       ``(B) all easements, rights, appurtenances, fixtures, 
     rents, royalties, mineral rights, oil or gas rights or 
     profits, water rights, escrow funds, or insurance proceeds; 
     and
       ``(C) all replacements or additions;''.

     SEC. 307. EXEMPTIONS.

       Section [522(b)(2)(A)] 522(b)(3)(A) of title 11, United 
     States Code, as so designated by section 224 of this Act, is 
     amended--
       (1) by striking ``180'' and inserting ``730''; and
       (2) by striking ``, or for a longer portion of such 180-day 
     period than in any other place''.

     SEC. 308. RESIDENCY REQUIREMENT FOR HOMESTEAD EXEMPTION.

       Section 522 of title 11, United States Code, as amended by 
     section 307 of this Act, is amended--
       (1) in subsection [(b)(2)(A)] (b)(3)(A), by inserting 
     ``subject to subsection (n),'' before ``any property''; and
       (2) by adding at the end the following:
       ``(n) For purposes of subsection [(b)(2)(A)] (b)(3)(A), and 
     notwithstanding subsection (a), the value of an interest in--
       ``(1) real or personal property that the debtor or a 
     dependent of the debtor uses as a residence;
       ``(2) a cooperative that owns property that the debtor or a 
     dependent of the debtor uses as a residence; or

[[Page S12021]]

       ``(3) a burial plot for the debtor or a dependent of the 
     debtor;

     shall be reduced to the extent such value is attributable to 
     any portion of any property that the debtor disposed of in 
     the 730-day period ending on the date of the filing of the 
     petition, with the intent to hinder, delay, or defraud a 
     creditor and that the debtor could not exempt, or that 
     portion that the debtor could not exempt, under subsection 
     (b) if on such date the debtor had held the property so 
     disposed of.''.

     SEC. 309. PROTECTING SECURED CREDITORS IN CHAPTER 13 CASES.

       (a) Stopping Abusive Conversions From Chapter 13.--Section 
     348(f)(1) of title 11, United States Code, is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B)--
       (A) by striking ``in the converted case, with allowed 
     secured claims'' and inserting ``only in a case converted to 
     chapter 11 or 12 but not in a case converted to chapter 7, 
     with allowed secured claims in cases under chapters 11 and 
     12''; and
       (B) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) with respect to cases converted from chapter 13--
       ``(i) the claim of any creditor holding security as of the 
     date of the petition shall continue to be secured by that 
     security unless the full amount of such claim determined 
     under applicable nonbankruptcy law has been paid in full as 
     of the date of conversion, notwithstanding any valuation or 
     determination of the amount of an allowed secured claim made 
     for the purposes of the chapter 13 proceeding; and
       ``(ii) unless a prebankruptcy default has been fully cured 
     under the plan at the time of conversion, in any proceeding 
     under this title or otherwise, the default shall have the 
     effect given under applicable nonbankruptcy law.''.
       (b) Giving Debtors the Ability To Keep Leased Personal 
     Property by Assumption.--Section 365 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(p)(1) If a lease of personal property is rejected or not 
     timely assumed by the trustee under subsection (d), the 
     leased property is no longer property of the estate and the 
     stay under section 362(a) is automatically terminated.
       ``(2)(A) In the case of an individual under chapter 7, the 
     debtor may notify the creditor in writing that the debtor 
     desires to assume the lease. Upon being so notified, the 
     creditor may, at its option, notify the debtor that it is 
     willing to have the lease assumed by the debtor and may 
     condition such assumption on cure of any outstanding default 
     on terms set by the contract.
       ``(B) If within 30 days after notice is provided under 
     subparagraph (A), the debtor notifies the lessor in writing 
     that the lease is assumed, the liability under the lease will 
     be assumed by the debtor and not by the estate.
       ``(C) The stay under section 362 and the injunction under 
     section 524(a)(2) shall not be violated by notification of 
     the debtor and negotiation of cure under this subsection.
       ``(3) In a case under chapter 11 [of this title] in which 
     the debtor is an individual and in a case under chapter 13 
     [of this title], if the debtor is the lessee with respect to 
     personal property and the lease is not assumed in the plan 
     confirmed by the court, the lease is deemed rejected as of 
     the conclusion of the hearing on confirmation. If the lease 
     is rejected, the stay under section 362 and any stay under 
     section 1301 is automatically terminated with respect to the 
     property subject to the lease.''.
       (c) Adequate Protection of Lessors and Purchase Money 
     Secured Creditors.--
       [(1) In general.--Subchapter I of chapter 13 of title 11, 
     United States Code, is amended by inserting after section 
     1307 the following:

     [``Sec. 1308. Adequate protection in chapter 13 cases

       [``(a)(1)(A) On or before the date that is 30 days after 
     the filing of a case under this chapter, the debtor shall 
     make cash payments in an amount determined under paragraph 
     (2), to--
       [``(i) any lessor of personal property; and
       [``(ii) any creditor holding a claim secured by personal 
     property to the extent that the claim is attributable to the 
     purchase of that property by the debtor.
       [``(B) The debtor or the plan shall continue making the 
     adequate protection payments until the earlier of the date on 
     which--
       [``(i) the creditor begins to receive actual payments under 
     the plan; or
       [``(ii) the debtor relinquishes possession of the property 
     referred to in subparagraph (A) to--
       [``(I) the lessor or creditor; or
       [``(II) any third party acting under claim of right.
       [``(2) The payments referred to in paragraph (1)(A) shall 
     be the contract amount.
       [``(b)(1) Subject to the limitations under paragraph (2), 
     the court may, after notice and hearing, change the amount, 
     and timing of the dates of payment, of payments made under 
     subsection (a).
       [``(2)(A) The payments referred to in paragraph (1) shall 
     be payable not less frequently than monthly.
       [``(B) The amount of payments referred to in paragraph (1) 
     shall not be less than the amount of any weekly, biweekly, 
     monthly, or other periodic payment schedules as payable under 
     the contract between the debtor and creditor.
       [``(c) Notwithstanding section 1326(b), the payments 
     referred to in subsection (a)(1)(A) shall be continued in 
     addition to plan payments under a confirmed plan until actual 
     payments to the creditor begin under that plan, if the 
     confirmed plan provides for--
       [``(1) payments to a creditor or lessor described in 
     subsection (a)(1); and
       [``(2) the deferral of payments to such creditor or lessor 
     under the plan until the payment of amounts described in 
     section 1326(b).
       [``(d) Notwithstanding sections 362, 542, and 543, a lessor 
     or creditor described in subsection (a) may retain possession 
     of property described in that subsection that was obtained in 
     accordance with applicable law before the date of filing of 
     the petition until the first payment under subsection 
     (a)(1)(A) is received by the lessor or creditor.
       [``(e) On or before the date that is 60 days after the 
     filing of a case under this chapter, a debtor retaining 
     possession of personal property subject to a lease or 
     securing a claim attributable in whole or in part to the 
     purchase price of such property shall provide each creditor 
     or lessor reasonable evidence of the maintenance of any 
     required insurance coverage with respect to the use or 
     ownership of such property and continue to do so for so long 
     as the debtor retains possession of such property.''.
       [(2) Clerical amendment.--The table of sections for chapter 
     13 of title 11, United States Code, is amended, in the matter 
     relating to subchapter I, by inserting after the item 
     relating to section 1307 the following:

[``1308. Adequate protection in chapter 13 cases.''.]
       (1) Confirmation of plan.--Section 1325(a)(5)(B) of title 
     11, United States Code, is amended--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking ``or'' at the end and 
     inserting ``and''; and
       (C) by adding at the end the following:
       ``(iii) if--

       ``(I) property to be distributed pursuant to this 
     subsection is in the form of periodic payments, such payments 
     shall be in equal monthly amounts; and
       ``(II) the holder of the claim is secured by personal 
     property the amount of such payments shall not be less than 
     an amount sufficient to provide to the holder of such claim 
     adequate protection during the period of the plan; or''.

       (2) Payments.--Section 1326(a) of title 11, United States 
     Code, is amended to read as follows:
       ``(a)(1) Unless the court orders otherwise, the debtor 
     shall--
       ``(A) commence making the payments proposed by a plan 
     within 30 days after the plan is filed; or
       ``(B) if no plan is filed then as specified in the proof of 
     claim, within 30 days after the order for relief or within 15 
     days after the plan is filed, whichever is earlier.
       ``(2) A payment made under this section shall be retained 
     by the trustee until confirmation, denial of confirmation, or 
     paid by the trustee as adequate protection payments in 
     accordance with paragraph (3). If a plan is confirmed, the 
     trustee shall distribute any such payment in accordance with 
     the plan as soon as is practicable. If a plan is not 
     confirmed, the trustee shall return any such payments not 
     previously paid to creditors pursuant to paragraph (3) to the 
     debtor, after deducting any unpaid claim allowed under 
     section 503(b).
       ``(3)(A) As soon as is practicable, and not later than 40 
     days after the filing of the case, the trustee shall--
       ``(i) pay from payments made under this section the 
     adequate protection payments proposed in the plan; or
       ``(ii) if no plan is filed then, according to the terms of 
     the proof of claim.
       ``(B) The court may, upon notice and a hearing, modify, 
     increase, or reduce the payments required under this 
     paragraph pending confirmation of a plan.''.

     SEC. 310. LIMITATION ON LUXURY GOODS.

       Section 523(a)(2)(C) of title 11, United States Code, is 
     amended to read as follows:
       ``(C)(i) for purposes of subparagraph (A)--
       ``(I) consumer debts owed to a single creditor and 
     aggregating more than $250 for luxury goods or services 
     incurred by an individual debtor on or within 90 days before 
     the order for relief under this title are presumed to be 
     nondischargeable; and
       ``(II) cash advances aggregating more than $750 that are 
     extensions of consumer credit under an open end credit plan 
     obtained by an individual debtor on or within 70 days before 
     the order for relief under this title, are presumed to be 
     nondischargeable; and
       ``(ii) for purposes of this subparagraph--
       ``(I) the term `extension of credit under an open end 
     credit plan' means an extension of credit under an open end 
     credit plan, within the meaning of the Consumer Credit 
     Protection Act (15 U.S.C. 1601 et seq.);
       ``(II) the term `open end credit plan' has the meaning 
     given that term under section 103 of Consumer Credit 
     Protection Act (15 U.S.C. 1602); and
       ``(III) the term `luxury goods or services' does not 
     include goods or services reasonably necessary for the 
     support or maintenance of the debtor or a dependent of the 
     debtor.''.

     SEC. 311. AUTOMATIC STAY.

       Section 362(b) of title 11, United States Code, as amended 
     by section 303(b) of this Act, is amended--
       (1) in paragraph (21), by striking ``or'' at the end;
       (2) in paragraph (22), by striking the period at the end 
     and inserting a semicolon; and
       (3) by inserting after paragraph (22) the following:

[[Page S12022]]

       ``(23) under subsection (a)(3), of the continuation of any 
     eviction, unlawful detainer action, or similar proceeding by 
     a lessor against a debtor involving residential real property 
     in which the debtor resides as a tenant under a rental 
     agreement;
       ``(24) under subsection (a)(3), of the commencement of any 
     eviction, unlawful detainer action, or similar proceeding by 
     a lessor against a debtor involving residential real property 
     in which the debtor resides as a tenant under a rental 
     agreement that has terminated under the lease agreement or 
     applicable State law; or
       ``(25) under subsection (a)(3), of eviction actions based 
     on endangerment to property or person or the use of illegal 
     drugs.''.

     SEC. 312. EXTENSION OF PERIOD BETWEEN BANKRUPTCY DISCHARGES.

       Title 11, United States Code, is amended--
       (1) in section 727(a)(8), by striking ``six'' and inserting 
     ``8''; and
       (2) in section 1328, by adding at the end the following:
       ``(f) Notwithstanding subsections (a) and (b), the court 
     shall not grant a discharge of all debts provided for by the 
     plan or disallowed under section 502 if the debtor has 
     received a discharge in any case filed under this title 
     within 5 years before the order for relief under this 
     chapter.''.

     SEC. 313. DEFINITION OF HOUSEHOLD GOODS AND ANTIQUES.

       Section 522(f) of title 11, United States Code, is amended 
     by adding at the end the following:
       ``(4)(A) Subject to subparagraph (B), for purposes of 
     paragraph (1)(B), the term `household goods' means--
       ``(i) clothing;
       ``(ii) furniture;
       ``(iii) appliances;
       ``(iv) 1 radio;
       ``(v) 1 television;
       ``(vi) 1 VCR;
       ``(vii) linens;
       ``(viii) china;
       ``(ix) crockery;
       ``(x) kitchenware;
       ``(xi) educational materials and educational equipment 
     primarily for the use of minor dependent children of the 
     debtor, but only 1 personal computer only if used primarily 
     for the education or entertainment of such minor children;
       ``(xii) medical equipment and supplies;
       ``(xiii) furniture exclusively for the use of minor 
     children, or elderly or disabled dependents of the debtor; 
     and
       ``(xiv) personal effects (including wedding rings and the 
     toys and hobby equipment of minor dependent children) of the 
     debtor and the dependents of the debtor.
       ``(B) The term `household goods' does not include--
       ``(i) works of art (unless by or of the debtor or the 
     dependents of the debtor);
       ``(ii) electronic entertainment equipment (except 1 
     television, 1 radio, and 1 VCR);
       ``(iii) items acquired as antiques;
       ``(iv) jewelry (except wedding rings); and
       ``(v) a computer (except as otherwise provided for in this 
     section), motor vehicle (including a tractor or lawn 
     tractor), boat, or a motorized recreational device, 
     conveyance, vehicle, watercraft, or aircraft.''.

     SEC. 314. DEBT INCURRED TO PAY NONDISCHARGEABLE DEBTS.

       Section 523(a) of title 11, United States Code, is amended 
     by inserting after paragraph (14) the following:
       ``(14A)(A) incurred to pay a debt that is nondischargeable 
     by reason of section 727, 1141, 1228(a), 1228(b), or 1328(b), 
     or any other provision of this subsection, if the debtor 
     incurred the debt to pay such a nondischargeable debt with 
     the intent to discharge in bankruptcy the newly created debt; 
     except that
       ``(B) [except that] all debts incurred to pay 
     nondischargeable debts shall be presumed to be 
     nondischargeable debts if incurred within 70 days before the 
     filing of the petition (except that, in any case in which 
     there is an allowed claim under section 502 for child support 
     or spousal support entitled to priority under section 
     507(a)(1) and that was filed in a timely manner, debts that 
     would otherwise be presumed to be nondischargeable debts by 
     reason of this subparagraph shall be treated as dischargeable 
     debts);''.
       (b) Discharge Under Chapter 13.--Section 1328(a) of title 
     11, United States Code, is amended by striking paragraphs (1) 
     through (3) and inserting the following:
       ``(1) provided for under section 1322(b)(5);
       ``(2) of the kind specified in paragraph (2), (4), (3)(B), 
     (5), (8), or (9) of section 523(a);
       ``(3) for restitution, or a criminal fine, included in a 
     sentence on the debtor's conviction of a crime; or
       ``(4) for restitution, or damages, awarded in a civil 
     action against the debtor as a result of willful or malicious 
     injury by the debtor that caused personal injury to an 
     individual or the death of an individual.''.

     SEC. 315. GIVING CREDITORS FAIR NOTICE IN CHAPTERS 7 AND 13 
                   CASES.

       (a) Notice.--Section 342 of title 11, United States Code, 
     is amended--
       (1) in subsection (c)--
       (A) by inserting ``(1)'' after ``(c)''; and
       (B) by striking ``, but the failure of such notice to 
     contain such information shall not invalidate the legal 
     effect of such notice''; and
       (2) by adding at the end the following:
       ``(d) At any time, a creditor, in a case of an individual 
     debtor under chapter 7 or 13, may file with the court and 
     serve on the debtor a notice of the address to be used to 
     notify the creditor in that case. Five days after receipt of 
     such notice, if the court or the debtor is required to give 
     the creditor notice, such notice shall be given at that 
     address.
       ``(e) An entity may file with the court a notice stating 
     its address for notice in cases under chapters 7 and 13. 
     After 30 days following the filing of such notice, any notice 
     in any case filed under chapter 7 or 13 given by the court 
     shall be to that address unless specific notice is given 
     under subsection (d) with respect to a particular case.
       ``(f)(1) Notice given to a creditor other than as provided 
     in this section shall not be effective notice until that 
     notice has been brought to the attention of the creditor. If 
     the creditor designates a person or department to be 
     responsible for receiving notices concerning bankruptcy cases 
     and establishes reasonable procedures so that bankruptcy 
     notices received by the creditor are to be delivered to such 
     department or person, notice shall not be considered to have 
     been brought to the attention of the creditor until received 
     by such person or department.
       ``(2) No sanction under section 362(h) or any other 
     sanction that a court may impose on account of violations of 
     the stay under section 362(a) or failure to comply with 
     section 542 or 543 may be imposed on any action of the 
     creditor unless the action takes place after the creditor has 
     received notice of the commencement of the case effective 
     under this section.''.
       (b) Debtor's Duties.--Section 521 of title 11, United 
     States Code, as amended by section 305 of this Act, is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) file--
       ``(A) a list of creditors; and
       ``(B) unless the court orders otherwise--
       ``(i) a schedule of assets and liabilities;
       ``(ii) a schedule of current income and current 
     expenditures;
       ``(iii) a statement of the debtor's financial affairs and, 
     if applicable, a certificate--

       ``(I) of an attorney whose name is on the petition as the 
     attorney for the debtor or any bankruptcy petition preparer 
     signing the petition under section 110(b)(1) indicating that 
     such attorney or bankruptcy petition preparer delivered to 
     the debtor any notice required by section 342(b); or
       ``(II) if no attorney for the debtor is indicated and no 
     bankruptcy petition preparer signed the petition, of the 
     debtor that such notice was obtained and read by the debtor;

       ``(iv) copies of any Federal tax returns, including any 
     schedules or attachments, filed by the debtor for the 3-year 
     period preceding the order for relief;
       ``(v) copies of all payment advices or other evidence of 
     payment, if any, received by the debtor from any employer of 
     the debtor in the period 60 days before the filing of the 
     petition;
       ``(vi) a statement of the amount of projected monthly net 
     income, itemized to show how the amount is calculated; and
       ``(vii) a statement disclosing any reasonably anticipated 
     increase in income or expenditures over the 12-month period 
     following the date of filing;''; and
       (2) by adding at the end the following:
       ``(d)(1) At any time, a creditor, in the case of an 
     individual under chapter 7 or 13, may file with the court 
     notice that the creditor requests the petition, schedules, 
     and a statement of affairs filed by the debtor in the case 
     and the court shall make those documents available to the 
     creditor who requests those documents.
       ``(2)(A) At any time, a creditor in a case under chapter 13 
     may file with the court notice that the creditor requests the 
     plan filed by the debtor in the case.
       ``(B) The court shall make such plan available to the 
     creditor who requests such plan--
       ``(i) at a reasonable cost; and
       ``(ii) not later than 5 days after such request.
       ``(e) An individual debtor in a case under chapter 7 or 13 
     shall file with the court--
       ``(1) at the time filed with the taxing authority, all tax 
     returns, including any schedules or attachments, with respect 
     to the period from the commencement of the case until such 
     time as the case is closed;
       ``(2) at the time filed with the taxing authority, all tax 
     returns, including any schedules or attachments, that were 
     not filed with the taxing authority when the schedules under 
     subsection (a)(1) were filed with respect to the period that 
     is 3 years before the order for relief;
       ``(3) any amendments to any of the tax returns, including 
     schedules or attachments, described in paragraph (1) or (2); 
     and
       ``(4) in a case under chapter 13, a statement subject to 
     the penalties of perjury by the debtor of the debtor's income 
     and expenditures in the preceding tax year and monthly 
     income, that shows how the amounts are calculated--
       ``(A) beginning on the date that is the later of 90 days 
     after the close of the debtor's tax year or 1 year after the 
     order for relief, unless a plan has been confirmed; and
       ``(B) thereafter, on or before the date that is 45 days 
     before each anniversary of the confirmation of the plan until 
     the case is closed.
       ``(f)(1) A statement referred to in subsection (e)(4) shall 
     disclose--
       ``(A) the amount and sources of income of the debtor;
       ``(B) the identity of any person responsible with the 
     debtor for the support of any dependent of the debtor; and

[[Page S12023]]

       ``(C) the identity of any person who contributed, and the 
     amount contributed, to the household in which the debtor 
     resides.
       ``(2) The tax returns, amendments, and statement of income 
     and expenditures described in paragraph (1) shall be 
     available to the United States trustee, any bankruptcy 
     administrator, any trustee, and any party in interest for 
     inspection and copying, subject to the requirements of 
     subsection [(f)] (g).
       ``(g)(1) Not later than 30 days after the date of enactment 
     of the Bankruptcy Reform Act of 1999, the Director of the 
     Administrative Office of the United States Courts shall 
     establish procedures for safeguarding the confidentiality of 
     any tax information required to be provided under this 
     section.
       ``(2) The procedures under paragraph (1) shall include 
     restrictions on creditor access to tax information that is 
     required to be provided under this section.
       ``(3) Not later than 1 year after the date of enactment of 
     the Bankruptcy Reform Act of 1999, the Director of the 
     Administrative Office of the United States Courts shall 
     prepare and submit to Congress a report that--
       ``(A) assesses the effectiveness of the procedures under 
     paragraph (1); and
       ``(B) if appropriate, includes proposed legislation to--
       ``(i) further protect the confidentiality of tax 
     information; and
       ``(ii) provide penalties for the improper use by any person 
     of the tax information required to be provided under this 
     section.
       ``(h) If requested by the United States trustee or a 
     trustee serving in the case, the debtor shall provide--
       ``(1) a document that establishes the identity of the 
     debtor, including a driver's license, passport, or other 
     document that contains a photograph of the debtor; and
       ``(2) such other personal identifying information relating 
     to the debtor that establishes the identity of the debtor.''.

     SEC. 316. DISMISSAL FOR FAILURE TO TIMELY FILE SCHEDULES OR 
                   PROVIDE REQUIRED INFORMATION.

       Section 521 of title 11, United States Code, as amended by 
     section 315 of this Act, is amended by adding at the end the 
     following:
       ``(i)(1) Notwithstanding section 707(a), and subject to 
     paragraph (2), if an individual debtor in a voluntary case 
     under chapter 7 or 13 fails to file all of the information 
     required under subsection (a)(1) within 45 days after the 
     filing of the petition commencing the case, the case shall be 
     automatically dismissed effective on the 46th day after the 
     filing of the petition.
       ``(2) With respect to a case described in paragraph (1), 
     any party in interest may request the court to enter an order 
     dismissing the case. If requested, the court shall enter an 
     order of dismissal not later than 5 days after such request.
       ``(3) Upon request of the debtor made within 45 days after 
     the filing of the petition commencing a case described in 
     paragraph (1), the court may allow the debtor an additional 
     period of not to exceed 45 days to file the information 
     required under subsection (a)(1) if the court finds 
     justification for extending the period for the filing.''.

     SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON 
                   CONFIRMATION OF THE PLAN.

       (a) Hearing.--Section 1324 of title 11, United States Code, 
     is amended--
       (1) by striking ``After'' and inserting the following:
       ``(a) Except as provided in subsection (b) and after''; and
       (2) by adding at the end the following:
       ``(b) The hearing on confirmation of the plan may be held 
     not later than 45 days after the meeting of creditors under 
     section 341(a).''.
       (b) Filing of Plan.--Section 1321 of title 11, United 
     States Code, is amended to read as follows:

     ``Sec. 1321. Filing of plan

       ``Not later than 90 days after the order for relief under 
     this chapter, the debtor shall file a plan, except that the 
     court may extend such period if the need for an extension is 
     attributable to circumstances for which the debtor should not 
     justly be held accountable.''.

     SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR DURATION IN 
                   CERTAIN CASES.

       Section 1322(d) of title 11, United States Code, is amended 
     to read as follows:
       ``(d)(1) Except as provided in paragraph (2), the plan may 
     not provide for payments over a period that is longer than 3 
     years.
       ``(2) The plan may provide for payments over a period that 
     is longer than 3 years if--
       ``(A) the plan is for a case that was converted to a case 
     under this chapter from a case under chapter 7, or the plan 
     is for a debtor who has been dismissed from chapter 7 by 
     reason of section 707(b), in which case the plan shall 
     provide for payments over a period of 5 years; or
       ``(B) the plan is for a case that is not described in 
     subparagraph (A), and the court, for cause, approves a period 
     longer than 3 years, but not to exceed 5 years.''.

     SEC. 319. SENSE OF THE CONGRESS REGARDING EXPANSION OF RULE 
                   9011 OF THE FEDERAL RULES OF BANKRUPTCY 
                   PROCEDURE.

       It is the sense of Congress that Rule 9011 of the Federal 
     Rules of Bankruptcy Procedure (11 U.S.C. App.) should be 
     modified to include a requirement that all documents 
     (including schedules), signed and unsigned, submitted to the 
     court or to a trustee by debtors who represent themselves and 
     debtors who are represented by an attorney be submitted only 
     after the debtor or the debtor's attorney has made reasonable 
     inquiry to verify that the information contained in such 
     documents is--
       (1) well grounded in fact; and
       (2) warranted by existing law or a good-faith argument for 
     the extension, modification, or reversal of existing law.

     SEC. 320. PROMPT RELIEF FROM STAY IN INDIVIDUAL CASES.

       Section 362(e) of title 11, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(e)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding paragraph (1), in the case of an 
     individual filing under chapter 7, 11, or 13, the stay under 
     subsection (a) shall terminate on the date that is 60 days 
     after a request is made by a party in interest under 
     subsection (d), unless--
       ``(A) a final decision is rendered by the court during the 
     60-day period beginning on the date of the request; or
       ``(B) that 60-day period is extended--
       ``(i) by agreement of all parties in interest; or
       ``(ii) by the court for such specific period of time as the 
     court finds is required for good cause, as described in 
     findings made by the court.''.

     SEC. 321. TREATMENT OF CERTAIN EARNINGS OF AN INDIVIDUAL 
                   DEBTOR WHO FILES A VOLUNTARY CASE UNDER CHAPTER 
                   11.

       Section 541(a)(6) of title 11, United States Code, is 
     amended by inserting ``(other than an individual debtor who, 
     in accordance with section 301, files a petition to commence 
     a voluntary case under chapter 11)'' after ``individual 
     debtor''.

       TITLE IV--GENERAL AND SMALL BUSINESS BANKRUPTCY PROVISIONS

           Subtitle A--General Business Bankruptcy Provisions

     SEC. 401. ROLLING STOCK EQUIPMENT.

       (a) In General.--Section 1168 of title 11, United States 
     Code, is amended to read as follows:

     ``Sec. 1168. Rolling stock equipment

       ``(a)(1) The right of a secured party with a security 
     interest in or of a lessor or conditional vendor of equipment 
     described in paragraph (2) to take possession of such 
     equipment in compliance with an equipment security agreement, 
     lease, or conditional sale contract, and to enforce any of 
     its other rights or remedies under such security agreement, 
     lease, or conditional sale contract, to sell, lease, or 
     otherwise retain or dispose of such equipment, is not limited 
     or otherwise affected by any other provision of this title or 
     by any power of the court, except that the right to take 
     possession and enforce those other rights and remedies shall 
     be subject to section 362, if--
       ``(A) before the date that is 60 days after the date of 
     commencement of a case under this chapter, the trustee, 
     subject to the court's approval, agrees to perform all 
     obligations of the debtor under such security agreement, 
     lease, or conditional sale contract; and
       ``(B) any default, other than a default of a kind described 
     in section 365(b)(2), under such security agreement, lease, 
     or conditional sale contract that--
       ``(i) occurs before the date of commencement of the case 
     and is an event of default therewith is cured before the 
     expiration of such 60-day period;
       ``(ii) occurs or becomes an event of default after the date 
     of commencement of the case and before the expiration of such 
     60-day period is cured before the later of--
       ``(I) the date that is 30 days after the date of the 
     default or event of the default; or
       ``(II) the expiration of such 60-day period; and
       ``(iii) occurs on or after the expiration of such 60-day 
     period is cured in accordance with the terms of such security 
     agreement, lease, or conditional sale contract, if cure is 
     permitted under that agreement, lease, or conditional sale 
     contract.
       ``(2) The equipment described in this paragraph--
       ``(A) is rolling stock equipment or accessories used on 
     rolling stock equipment, including superstructures or racks, 
     that is subject to a security interest granted by, leased to, 
     or conditionally sold to a debtor; and
       ``(B) includes all records and documents relating to such 
     equipment that are required, under the terms of the security 
     agreement, lease, or conditional sale contract, to be 
     surrendered or returned by the debtor in connection with the 
     surrender or return of such equipment.
       ``(3) Paragraph (1) applies to a secured party, lessor, or 
     conditional vendor acting in its own behalf or acting as 
     trustee or otherwise in behalf of another party.
       ``(b) The trustee and the secured party, lessor, or 
     conditional vendor whose right to take possession is 
     protected under subsection (a) may agree, subject to the 
     court's approval, to extend the 60-day period specified in 
     subsection (a)(1).
       ``(c)(1) In any case under this chapter, the trustee shall 
     immediately surrender and return to a secured party, lessor, 
     or conditional vendor, described in subsection (a)(1), 
     equipment described in subsection (a)(2), if at any time 
     after the date of commencement of the case under this chapter 
     such secured

[[Page S12024]]

     party, lessor, or conditional vendor is entitled under 
     subsection (a)(1) to take possession of such equipment and 
     makes a written demand for such possession of the trustee.
       ``(2) At such time as the trustee is required under 
     paragraph (1) to surrender and return equipment described in 
     subsection (a)(2), any lease of such equipment, and any 
     security agreement or conditional sale contract relating to 
     such equipment, if such security agreement or conditional 
     sale contract is an executory contract, shall be deemed 
     rejected.
       ``(d) With respect to equipment first placed in service on 
     or before October 22, 1994, for purposes of this section--
       ``(1) the term `lease' includes any written agreement with 
     respect to which the lessor and the debtor, as lessee, have 
     expressed in the agreement or in a substantially 
     contemporaneous writing that the agreement is to be treated 
     as a lease for Federal income tax purposes; and
       ``(2) the term `security interest' means a purchase-money 
     equipment security interest.
       ``(e) With respect to equipment first placed in service 
     after October 22, 1994, for purposes of this section, the 
     term `rolling stock equipment' includes rolling stock 
     equipment that is substantially rebuilt and accessories used 
     on such equipment.''.
       (b) Aircraft Equipment and Vessels.--Section 1110 of title 
     11, United States Code, is amended to read as follows:

     ``Sec. 1110. Aircraft equipment and vessels

       ``(a)(1) Except as provided in paragraph (2) and subject to 
     subsection (b), the right of a secured party with a security 
     interest in equipment described in paragraph (3), or of a 
     lessor or conditional vendor of such equipment, to take 
     possession of such equipment in compliance with a security 
     agreement, lease, or conditional sale contract, and to 
     enforce any of its other rights or remedies, under such 
     security agreement, lease, or conditional sale contract, to 
     sell, lease, or otherwise retain or dispose of such 
     equipment, is not limited or otherwise affected by any other 
     provision of this title or by any power of the court.
       ``(2) The right to take possession and to enforce the other 
     rights and remedies described in paragraph (1) shall be 
     subject to section 362 if--
       ``(A) before the date that is 60 days after the date of the 
     order for relief under this chapter, the trustee, subject to 
     the approval of the court, agrees to perform all obligations 
     of the debtor under such security agreement, lease, or 
     conditional sale contract; and
       ``(B) any default, other than a default of a kind specified 
     in section 365(b)(2), under such security agreement, lease, 
     or conditional sale contract that occurs--
       ``(i) before the date of the order is cured before the 
     expiration of such 60-day period;
       ``(ii) after the date of the order and before the 
     expiration of such 60-day period is cured before the later 
     of--
       ``(I) the date that is 30 days after the date of the 
     default; or
       ``(II) the expiration of such 60-day period; and
       ``(iii) on or after the expiration of such 60-day period is 
     cured in compliance with the terms of such security 
     agreement, lease, or conditional sale contract, if a cure is 
     permitted under that agreement, lease, or contract.
       ``(3) The equipment described in this paragraph--
       ``(A) is--
       ``(i) an aircraft, aircraft engine, propeller, appliance, 
     or spare part (as defined in section 40102 of title 49) that 
     is subject to a security interest granted by, leased to, or 
     conditionally sold to a debtor that, at the time such 
     transaction is entered into, holds an air carrier operating 
     certificate issued under chapter 447 of title 49 for aircraft 
     capable of carrying 10 or more individuals or 6,000 pounds or 
     more of cargo; or
       ``(ii) a documented vessel (as defined in section 30101(1) 
     of title 46) that is subject to a security interest granted 
     by, leased to, or conditionally sold to a debtor that is a 
     water carrier that, at the time such transaction is entered 
     into, holds a certificate of public convenience and necessity 
     or permit issued by the Department of Transportation; and
       ``(B) includes all records and documents relating to such 
     equipment that are required, under the terms of the security 
     agreement, lease, or conditional sale contract, to be 
     surrendered or returned by the debtor in connection with the 
     surrender or return of such equipment.
       ``(4) Paragraph (1) applies to a secured party, lessor, or 
     conditional vendor acting in its own behalf or acting as 
     trustee or otherwise in behalf of another party.
       ``(b) The trustee and the secured party, lessor, or 
     conditional vendor whose right to take possession is 
     protected under subsection (a) may agree, subject to the 
     approval of the court, to extend the 60-day period specified 
     in subsection (a)(1).
       ``(c)(1) In any case under this chapter, the trustee shall 
     immediately surrender and return to a secured party, lessor, 
     or conditional vendor, described in subsection (a)(1), 
     equipment described in subsection (a)(3), if at any time 
     after the date of the order for relief under this chapter 
     such secured party, lessor, or conditional vendor is entitled 
     under subsection (a)(1) to take possession of such equipment 
     and makes a written demand for such possession to the 
     trustee.
       ``(2) At such time as the trustee is required under 
     paragraph (1) to surrender and return equipment described in 
     subsection (a)(3), any lease of such equipment, and any 
     security agreement or conditional sale contract relating to 
     such equipment, if such security agreement or conditional 
     sale contract is an executory contract, shall be deemed 
     rejected.
       ``(d) With respect to equipment first placed in service on 
     or before October 22, 1994, for purposes of this section--
       ``(1) the term `lease' includes any written agreement with 
     respect to which the lessor and the debtor, as lessee, have 
     expressed in the agreement or in a substantially 
     contemporaneous writing that the agreement is to be treated 
     as a lease for Federal income tax purposes; and
       ``(2) the term `security interest' means a purchase-money 
     equipment security interest.''.

     SEC. 402. ADEQUATE PROTECTION FOR INVESTORS.

       (a) Definition.--Section 101 of title 11, United States 
     Code, as amended by section 306(c) of this Act, is amended by 
     inserting after paragraph (48) the following:
       ``(48A) `securities self regulatory organization' means 
     either a securities association registered with the 
     Securities and Exchange Commission under section 15A of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78o-3) or a 
     national securities exchange registered with the Securities 
     and Exchange Commission under section 6 of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78f);''.
       (b) Automatic Stay.--Section 362(b) of title 11, United 
     States Code, as amended by section 311 of this Act, is 
     amended--
       (1) in paragraph (24), by striking ``or'' at the end;
       (2) in paragraph (25), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after paragraph (25) the following:
       ``(26) under subsection (a), of--
       ``(A) the commencement or continuation of an investigation 
     or action by a securities self regulatory organization to 
     enforce such organization's regulatory power;
       ``(B) the enforcement of an order or decision, other than 
     for monetary sanctions, obtained in an action by the 
     securities self regulatory organization to enforce such 
     organization's regulatory power; or
       ``(C) any act taken by the securities self regulatory 
     organization to delist, delete, or refuse to permit quotation 
     of any stock that does not meet applicable regulatory 
     requirements.''.

     SEC. 403. MEETINGS OF CREDITORS AND EQUITY SECURITY HOLDERS.

       Section 341 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(e) Notwithstanding subsections (a) and (b), the court, 
     on the request of a party in interest and after notice and a 
     hearing, for cause may order that the United States trustee 
     not convene a meeting of creditors or equity security holders 
     if the debtor has filed a plan as to which the debtor 
     solicited acceptances prior to the commencement of the 
     case.''.

     SEC. 404. PROTECTION OF REFINANCE OF SECURITY INTEREST.

       Subparagraphs (A), (B), and (C) of section 547(e)(2) of 
     title 11, United States Code, are each amended by striking 
     ``10'' each place it appears and inserting ``30''.

     SEC. 405. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.

       Section 365(d)(4) of title 11, United States Code, is 
     amended to read as follows:
       ``(4)(A) Subject to subparagraph (B), in any case under any 
     chapter of this title, an unexpired lease of nonresidential 
     real property under which the debtor is the lessee shall be 
     deemed rejected and the trustee shall immediately surrender 
     that nonresidential real property to the lessor if the 
     trustee does not assume or reject the unexpired lease by the 
     earlier of--
       ``(i) the date that is 120 days after the date of the order 
     for relief; or
       ``(ii) the date of the entry of an order confirming a plan.
       ``(B) The court may extend the period determined under 
     subparagraph (A) only upon a motion of the lessor.''.

     SEC. 406. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.

       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.''.

     SEC. 407. AMENDMENT TO SECTION 546 OF TITLE 11, UNITED STATES 
                   CODE.

       Section 546 of title 11, United States Code, is amended--
       (1) by redesignating the second subsection designated as 
     subsection (g) (as added by section 222(a) of Public Law 103-
     394) as subsection (i); and
       (2) by adding at the end the following:
       ``(j)(1) Notwithstanding section 545 (2) and (3), the 
     trustee may not avoid a warehouseman's lien for storage, 
     transportation or other costs incidental to the storage and 
     handling of goods.
       ``(2) The prohibition under paragraph (1) shall be applied 
     in a manner consistent with any applicable State statute that 
     is similar to section 7-209 of the Uniform Commercial 
     Code.''.

[[Page S12025]]

     SEC. 408. LIMITATION.

       Section 546(c)(1)(B) of title 11, United States Code, is 
     amended by striking ``20'' and inserting ``45''.

     SEC. 409. AMENDMENT TO SECTION 330(A) OF TITLE 11, UNITED 
                   STATES CODE.

       Section 330(a)(3) of title 11, United States Code, is 
     amended--
       (1) by striking ``(A) the; and inserting ``(i) the'';
       (2) by striking ``(B)'' and inserting ``(ii)'';
       (3) by striking ``(C)'' and inserting ``(iii)'';
       (4) by striking ``(D)'' and inserting ``(iv)'';
       (5) by striking ``(E)'' and inserting ``(v)'';
       (6) in subparagraph (A), by inserting ``to an examiner, 
     trustee under chapter 11, or professional person'' after 
     ``awarded''; and
       (7) by adding at the end the following:
       ``(B) In determining the amount of reasonable compensation 
     to be awarded a trustee, the court shall treat such 
     compensation as a commission based on the results 
     achieved.''.

     SEC. 410. POSTPETITION DISCLOSURE AND SOLICITATION.

       Section 1125 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(g) Notwithstanding subsection (b), an acceptance or 
     rejection of the plan may be solicited from a holder of a 
     claim or interest if such solicitation complies with 
     applicable nonbankruptcy law and if such holder was solicited 
     before the commencement of the case in a manner complying 
     with applicable nonbankruptcy law.''.

     SEC. 411. PREFERENCES.

       Section 547(c) of title 11, United States Code, is 
     amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) to the extent that such transfer was in payment of a 
     debt incurred by the debtor in the ordinary course of 
     business or financial affairs of the debtor and the 
     transferee, and such transfer was--
       ``(A) made in the ordinary course of business or financial 
     affairs of the debtor and the transferee; or
       ``(B) made according to ordinary business terms;'';
       (2) in paragraph (7) by striking ``or'' at the end;
       (3) in paragraph (8) by striking the period at the end and 
     inserting ``; or''; and
       (4) by adding at the end the following:
       ``(9) if, in a case filed by a debtor whose debts are not 
     primarily consumer debts, the aggregate value of all property 
     that constitutes or is affected by such transfer is less than 
     $5,000.''.

     SEC. 412. VENUE OF CERTAIN PROCEEDINGS.

       Section 1409(b) of title 28, United States Code, is amended 
     by inserting ``, or a nonconsumer debt against a noninsider 
     of less than $10,000,'' after ``$5,000''.

     SEC. 413. PERIOD FOR FILING PLAN UNDER CHAPTER 11.

       Section 1121(d) of title 11, United States Code, is 
     amended--
       (1) by striking ``On'' and inserting ``(1) Subject to 
     paragraph (1), on''; and
       (2) by adding at the end the following:
       ``(2)(A) The 120-day period specified in paragraph (1) may 
     not be extended beyond a date that is 18 months after the 
     date of the order for relief under this chapter.
       ``(B) The 180-day period specified in paragraph (1) may not 
     be extended beyond a date that is 20 months after the date of 
     the order for relief under this chapter.''.

     SEC. 414. FEES ARISING FROM CERTAIN OWNERSHIP INTERESTS.

       Section 523(a)(16) of title 11, United States Code, is 
     amended--
       (1) by striking ``dwelling'' the first place it appears;
       (2) by striking ``ownership or'' and inserting 
     ``ownership,'';
       (3) by striking ``housing'' the first place it appears; and
       (4) by striking ``but only'' and all that follows through 
     ``but nothing in this paragraph'' and inserting ``or a lot in 
     a homeowners association, for as long as the debtor or the 
     trustee has a legal, equitable, or possessory ownership 
     interest in such unit, such corporation, or such lot, and 
     until such time as the debtor or trustee has surrendered any 
     legal, equitable or possessory interest in such unit, such 
     corporation, or such lot, but nothing in this paragraph''.

     SEC. 415. CREDITOR REPRESENTATION AT FIRST MEETING OF 
                   CREDITORS.

       Section 341(c) of title 11, United States Code, is amended 
     by inserting after the first sentence the following: 
     ``Notwithstanding any local court rule, provision of a State 
     constitution, any other Federal or State law that is not a 
     bankruptcy law, or other requirement that representation at 
     the meeting of creditors under subsection (a) be by an 
     attorney, a creditor holding a consumer debt or any 
     representative of the creditor (which may include an entity 
     or an employee of an entity and may be a representative for 
     more than 1 creditor) shall be permitted to appear at and 
     participate in the meeting of creditors in a case under 
     chapter 7 or 13, either alone or in conjunction with an 
     attorney for the creditor. Nothing in this subsection shall 
     be construed to require any creditor to be represented by an 
     attorney at any meeting of creditors.''.

     [SEC. 416. ELIMINATION OF CERTAIN FEES PAYABLE IN CHAPTER 11 
                   BANKRUPTCY CASES.

       [(a) Amendments.--Section 1930(a)(6) of title 28, United 
     States Code, is amended--
       [(1) in the first sentence by striking ``until the case is 
     converted or dismissed, whichever occurs first''; and
       [(2) in the second sentence--
       [(A) by striking ``The'' and inserting ``Until the plan is 
     confirmed or the case is converted (whichever occurs first) 
     the''; and
       [(B) by striking ``less than $300,000;'' and inserting 
     ``less than $300,000. Until the case is converted, dismissed, 
     or closed (whichever occurs first and without regard to 
     confirmation of the plan) the fee shall be''.
       [(b) Delayed Effective Date.--The amendments made by 
     subsection (a) shall take effect on October 1, 1999.]

     SEC. [417.] 416. DEFINITION OF DISINTERESTED PERSON.

       Section 101(14) of title 11, United States Code, is amended 
     to read as follows:
       ``(14) `disinterested person' means a person that--
       ``(A) is not a creditor, an equity security holder, or an 
     insider;
       ``(B) is not and was not, within 2 years before the date of 
     the filing of the petition, a director, officer, or employee 
     of the debtor; and
       ``(C) does not have an interest materially adverse to the 
     interest of the estate or of any class of creditors or equity 
     security holders, by reason of any direct or indirect 
     relationship to, connection with, or interest in, the debtor, 
     or for any other reason;''.

     SEC. [418.] 417. FACTORS FOR COMPENSATION OF PROFESSIONAL 
                   PERSONS.

       Section 330(a)(3)(A) of title 11, United States Code, as 
     amended by section 409 of this Act, is amended--
       (1) in [subparagraph (D)] clause (i), by striking ``and'' 
     at the end;
       (2) by redesignating [subparagraph (E)] clause (v) as 
     [subparagraph (F) clause (vi)]; and
       (3) by inserting after [subparagraph (D)] clause (iv) the 
     following:
       ``[(E)] (v) with respect to a professional person, whether 
     the person is board certified or otherwise has demonstrated 
     skill and experience in the bankruptcy field;''.

     SEC. [419.] 418. APPOINTMENT OF ELECTED TRUSTEE.

       Section 1104(b) of title 11, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following:
       ``(2)(A) If an eligible, disinterested trustee is elected 
     at a meeting of creditors under paragraph (1), the United 
     States trustee shall file a report certifying that election.
       ``(B) Upon the filing of a report under subparagraph (A)--
       ``(i) the trustee elected under paragraph (1) shall be 
     considered to have been selected and appointed for purposes 
     of this section; and
       ``(ii) the service of any trustee appointed under 
     subsection (d) shall terminate.
       ``(C) In the case of any dispute arising out of an election 
     described in subparagraph (A), the court shall resolve the 
     dispute.''.

     SEC. 419. UTILITY SERVICE.

       Section 366 of title 11, United States Code, is amended--
       (1) in subsection (a), by striking ``subsection (b)'' and 
     inserting ``subsections (b) and (c)''; and
       (2) by adding at the end the following:
       ``(c)(1)(A) For purposes of this subsection, the term 
     `assurance of payment' means--
       ``(i) a cash deposit;
       ``(ii) a letter of credit;
       ``(iii) a certificate of deposit;
       ``(iv) a surety bond;
       ``(v) a prepayment of utility consumption; or
       ``(vi) another form of security that is mutually agreed on 
     between the utility and the debtor or the trustee.
       ``(B) For purposes of this subsection an administrative 
     expense priority shall not constitute an assurance of 
     payment.
       ``(2) Subject to paragraphs (3) through (5), with respect 
     to a case filed under chapter 11, a utility referred to in 
     subsection (a) may alter, refuse, or discontinue utility 
     service, if during the 20-day period beginning on the date of 
     filing of the petition, the utility does not receive from the 
     debtor or the trustee adequate assurance of payment for 
     utility service that is satisfactory to the utility.
       ``(3)(A) On request of a party in interest and after notice 
     and a hearing, the court may order modification of the amount 
     of an assurance of payment under paragraph (2).
       ``(B) In making a determination under this paragraph 
     whether an assurance of payment is adequate, the court may 
     not consider--
       ``(A) the absence of security before the date of filing of 
     the petition;
       ``(B) the payment by the debtor of charges for utility 
     service in a timely manner before the date of filing of the 
     petition; or
       ``(C) the availability of an administrative expense 
     priority.
       ``(4) Notwithstanding any other provision of law, with 
     respect to a case subject to this subsection, a utility may 
     recover or set off against a security deposit provided to the 
     utility by the debtor before the date of filing of the 
     petition without notice or order of the court.''.

            Subtitle B--Small Business Bankruptcy Provisions

     SEC. 421. FLEXIBLE RULES FOR DISCLOSURE STATEMENT AND PLAN.

       Section 1125 of title 11, United States Code, is amended by 
     striking subsection (f) and inserting the following:
       ``(f) Notwithstanding subsection (b), in a small business 
     case--
       ``(1) in determining whether a disclosure statement 
     provides adequate information, the court shall consider the 
     complexity of the case, the benefit of additional information 
     to creditors and other parties in interest, and the cost of 
     providing additional information;

[[Page S12026]]

       ``(2) the court may determine that the plan itself provides 
     adequate information and that a separate disclosure statement 
     is not necessary;
       ``(3) the court may approve a disclosure statement 
     submitted on standard forms approved by the court or adopted 
     under section 2075 of title 28; and
       ``(4)(A) the court may conditionally approve a disclosure 
     statement subject to final approval after notice and a 
     hearing;
       ``(B) acceptances and rejections of a plan may be solicited 
     based on a conditionally approved disclosure statement if the 
     debtor provides adequate information to each holder of a 
     claim or interest that is solicited, but a conditionally 
     approved disclosure statement shall be mailed not later than 
     20 days before the date of the hearing on confirmation of the 
     plan; and
       ``(C) the hearing on the disclosure statement may be 
     combined with the hearing on confirmation of a plan.''.

     SEC. 422. DEFINITIONS; EFFECT OF DISCHARGE.

       (a) Definitions.--Section 101 of title 11, United States 
     Code, as amended by section 402 of this Act, is amended by 
     striking paragraph (51C) and inserting the following:
       ``(51C) `small business case' means a case filed under 
     chapter 11 of this title in which the debtor is a small 
     business debtor;
       ``(51D) `small business debtor'--
       ``(A) subject to subparagraph (B), means a person 
     (including any affiliate of such person that is also a debtor 
     under this title) that has aggregate noncontingent, 
     liquidated secured and unsecured debts as of the date of the 
     petition or the order for relief in an amount not more than 
     $4,000,000 (excluding debts owed to 1 or more affiliates or 
     insiders) for a case in which the United States trustee has 
     appointed under section 1102(a)(1) a committee of unsecured 
     creditors that the court has determined is sufficiently 
     active and representative to provide effective oversight of 
     the debtor; and
       ``(B) does not include any member of a group of affiliated 
     debtors that has aggregate noncontingent liquidated secured 
     and unsecured debts in an amount greater than $4,000,000 
     (excluding debt owed to 1 or more affiliates or insiders);''.
       [(b) Effect of Discharge.--Section 524 of title 11, United 
     States Code, as amended by section 204 of this Act, is 
     amended by adding at the end the following:
       [``(j)(1) An individual who is injured by the willful 
     failure of a creditor to substantially comply with the 
     requirements specified in subsections (c) and (d), or by any 
     willful violation of the injunction operating under 
     subsection (a)(2), shall be entitled to recover--
       [``(A) the greater of--
       [``(i) the amount of actual damages; or
       [``(ii) $1,000; and
       [``(B) costs and attorneys' fees.
       [``(2) An action to recover for a violation specified in 
     paragraph (1) may not be brought as a class action.''.
       [(c)] (b) Conforming Amendment.--Section 1102(a)(3) of 
     title 11, United States Code, is amended by inserting 
     ``debtor'' after ``small business''.

     SEC. 423. STANDARD FORM DISCLOSURE STATEMENT AND PLAN.

       Within a reasonable period of time after the date of the 
     enactment of this Act, the Advisory Committee on Bankruptcy 
     Rules of the Judicial Conference of the United States shall 
     propose for adoption standard form disclosure statements and 
     plans of reorganization for small business debtors (as 
     defined in section 101 of title 11, United States Code, as 
     amended by this Act), designed to achieve a practical balance 
     between--
       (1) the reasonable needs of the courts, the United States 
     trustee, creditors, and other parties in interest for 
     reasonably complete information; and
       (2) economy and simplicity for debtors.

     SEC. 424. UNIFORM NATIONAL REPORTING REQUIREMENTS.

       (a) Reporting Required.--
       (1) In general.--Chapter 3 of title 11, United States Code, 
     is amended by inserting after section 307 the following:

     ``Sec. 308. Debtor reporting requirements

       ``(1) For purposes of this section, the term 
     `profitability' means, with respect to a debtor, the amount 
     of money that the debtor has earned or lost during current 
     and recent fiscal periods.
       ``(2) A small business debtor shall file periodic financial 
     and other reports containing information including--
       ``(A) the debtor's profitability;
       ``(B) reasonable approximations of the debtor's projected 
     cash receipts and cash disbursements over a reasonable 
     period;
       ``(C) comparisons of actual cash receipts and disbursements 
     with projections in prior reports;
       ``(D)(i) whether the debtor is--
       ``(I) in compliance in all material respects with 
     postpetition requirements imposed by this title and the 
     Federal Rules of Bankruptcy Procedure; and
       ``(II) timely filing tax returns and paying taxes and other 
     administrative claims when due; and
       ``(ii) if the debtor is not in compliance with the 
     requirements referred to in clause (i)(I) or filing tax 
     returns and making the payments referred to in clause 
     (i)(II), what the failures are and how, at what cost, and 
     when the debtor intends to remedy such failures; and
       ``(iii) such other matters as are in the best interests of 
     the debtor and creditors, and in the public interest in fair 
     and efficient procedures under chapter 11 of this title.''.
       (2) Clerical amendment.--The table of sections for chapter 
     3 of title 11, United States Code, is amended by inserting 
     after the item relating to section 307 the following:

``308. Debtor reporting requirements.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect 60 days after the date on which rules are 
     prescribed under section 2075 of title 28, United States 
     Code, to establish forms to be used to comply with section 
     308 of title 11, United States Code, as added by subsection 
     (a).

     SEC. 425. UNIFORM REPORTING RULES AND FORMS FOR SMALL 
                   BUSINESS CASES.

       (a) Proposal of Rules and Forms.--The Advisory Committee on 
     Bankruptcy Rules of the Judicial Conference of the United 
     States shall propose for adoption amended Federal Rules of 
     Bankruptcy Procedure and Official Bankruptcy Forms to be used 
     by small business debtors to file periodic financial and 
     other reports containing information, including information 
     relating to--
       (1) the debtor's profitability;
       (2) the debtor's cash receipts and disbursements; and
       (3) whether the debtor is timely filing tax returns and 
     paying taxes and other administrative claims when due.
       (b) Purpose.--The rules and forms proposed under subsection 
     (a) shall be designed to achieve a practical balance among--
       (1) the reasonable needs of the bankruptcy court, the 
     United States trustee, creditors, and other parties in 
     interest for reasonably complete information;
       (2) the small business debtor's interest that required 
     reports be easy and inexpensive to complete; and
       (3) the interest of all parties that the required reports 
     help the small business debtor to understand the small 
     business debtor's financial condition and plan the small 
     business debtor's future.

     SEC. 426. DUTIES IN SMALL BUSINESS CASES.

       (a) Duties in Chapter 11 Cases.--Title 11, United States 
     Code, is amended by inserting after section 1114 the 
     following:

     ``Sec. 1115. Duties of trustee or debtor in possession in 
       small business cases

       ``In a small business case, a trustee or the debtor in 
     possession, in addition to the duties provided in this title 
     and as otherwise required by law, shall--
       ``(1) append to the voluntary petition or, in an 
     involuntary case, file within 3 days after the date of the 
     order for relief--
       ``(A) its most recent balance sheet, statement of 
     operations, cash-flow statement, Federal income tax return; 
     or
       ``(B) a statement made under penalty of perjury that no 
     balance sheet, statement of operations, or cash-flow 
     statement has been prepared and no Federal tax return has 
     been filed;
       ``(2) attend, through its senior management personnel and 
     counsel, meetings scheduled by the court or the United States 
     trustee, including initial debtor interviews, scheduling 
     conferences, and meetings of creditors convened under section 
     341 unless the court waives that requirement after notice and 
     hearing, upon a finding of extraordinary and compelling 
     circumstances;
       ``(3) timely file all schedules and statements of financial 
     affairs, unless the court, after notice and a hearing, grants 
     an extension, which shall not extend such time period to a 
     date later than 30 days after the date of the order for 
     relief, absent extraordinary and compelling circumstances;
       ``(4) file all postpetition financial and other reports 
     required by the Federal Rules of Bankruptcy Procedure or by 
     local rule of the district court;
       ``(5) subject to section 363(c)(2), maintain insurance 
     customary and appropriate to the industry;
       ``(6)(A) timely file tax returns;
       ``(B) subject to section 363(c)(2), timely pay all 
     administrative expense tax claims, except those being 
     contested by appropriate proceedings being diligently 
     prosecuted; and
       ``(C) subject to section 363(c)(2), establish 1 or more 
     separate deposit accounts not later than 10 business days 
     after the date of order for relief (or as soon thereafter as 
     possible if all banks contacted decline the business) and 
     deposit therein, not later than 1 business day after receipt 
     thereof, all taxes payable for periods beginning after the 
     date the case is commenced that are collected or withheld by 
     the debtor for governmental units, unless the court waives 
     that requirement after notice and hearing, upon a finding of 
     extraordinary and compelling circumstances; and
       ``(7) allow the United States trustee, or a designated 
     representative of the United States trustee, to inspect the 
     debtor's business premises, books, and records at reasonable 
     times, after reasonable prior written notice, unless notice 
     is waived by the debtor.''.
       (b) Technical Amendment.--The table of sections for chapter 
     11, United States Code, is amended by inserting after the 
     item relating to section 1114 the following:

``1115. Duties of trustee or debtor in possession in small business 
              cases.''.

     SEC. 427. PLAN FILING AND CONFIRMATION DEADLINES.

       Section 1121 of title 11, United States Code, is amended by 
     striking subsection (e) and inserting the following:
       ``(e) In a small business case--
       ``(1) only the debtor may file a plan until after 90 days 
     after the date of the order for relief, unless that period is 
     --
       ``(A) shortened on request of a party in interest made 
     during the 90-day period;

[[Page S12027]]

       ``(B) extended as provided by this subsection, after notice 
     and hearing; or
       ``(C) the court, for cause, orders otherwise;
       ``(2) the plan, and any necessary disclosure statement, 
     shall be filed not later than 90 days after the date of the 
     order for relief; and
       ``(3) the time periods specified in paragraphs (1) and (2), 
     and the time fixed in section 1129(e), within which the plan 
     shall be confirmed, may be extended only if--
       ``(A) the debtor, after providing notice to parties in 
     interest (including the United States trustee), demonstrates 
     by a preponderance of the evidence that it is more likely 
     than not that the court will confirm a plan within a 
     reasonable period of time;
       ``(B) a new deadline is imposed at the time the extension 
     is granted; and
       ``(C) the order extending time is signed before the 
     existing deadline has expired.''.

     SEC. 428. PLAN CONFIRMATION DEADLINE.

       Section 1129 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(e) In a small business case, the plan shall be confirmed 
     not later than 150 days after the date of the order for 
     relief, unless such 150-day period is extended as provided in 
     section 1121(e)(3).''.

     SEC. 429. PROHIBITION AGAINST EXTENSION OF TIME.

       Section 105(d) of title 11, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)[(B)(vi)], by striking the period at 
     the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) in a small business case, not extend the time periods 
     specified in sections 1121(e) and 1129(e), except as provided 
     in section 1121(e)(3).''.

     SEC. 430. DUTIES OF THE UNITED STATES TRUSTEE.

       Section 586(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (3)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (C) by inserting after subparagraph (G) the following:
       ``(H) in small business cases (as defined in section 101 of 
     title 11), performing the additional duties specified in 
     title 11 pertaining to such cases;'';
       (2) in paragraph (5), by striking ``and'' at the end;
       (3) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (4) by inserting after paragraph (6) the following:
       ``(7) in each of such small business cases--
       ``(A) conduct an initial debtor interview as soon as 
     practicable after the entry of order for relief but before 
     the first meeting scheduled under section 341(a) of title 11, 
     at which time the United States trustee shall--
       ``(i) begin to investigate the debtor's viability;
       ``(ii) inquire about the debtor's business plan;
       ``(iii) explain the debtor's obligations to file monthly 
     operating reports and other required reports;
       ``(iv) attempt to develop an agreed scheduling order; and
       ``(v) inform the debtor of other obligations;
       ``(B) if determined to be appropriate and advisable, visit 
     the appropriate business premises of the debtor and ascertain 
     the state of the debtor's books and records and verify that 
     the debtor has filed its tax returns; and
       ``(C) review and monitor diligently the debtor's 
     activities, to identify as promptly as possible whether the 
     debtor will be unable to confirm a plan; and
       ``(8) in any case in which the United States trustee finds 
     material grounds for any relief under section 1112 of title 
     11, the United States trustee shall apply promptly after 
     making that finding to the court for relief.''.

     SEC. 431. SCHEDULING CONFERENCES.

       Section 105(d) of title 11, United States Code, as amended 
     by section 429 of this Act, is amended--
       (1) in the matter preceding paragraph (1), by striking ``, 
     may'';
       (2) by striking paragraph (1) and inserting the following:
       ``(1) shall hold such status conferences as are necessary 
     to further the expeditious and economical resolution of the 
     case; and''; and
       (3) in paragraph (2), by striking ``unless inconsistent 
     with another provision of this title or with applicable 
     Federal Rules of Bankruptcy Procedure,'' [and inserting 
     ``may''].

     SEC. 432. SERIAL FILER PROVISIONS.

       Section 362 of title 11, United States Code, is amended--
       (1) in subsection (j), as redesignated by section 305(1) of 
     this Act--
       (A) by striking ``An'' and inserting ``(1) Except as 
     provided in paragraph (2), an''; and
       (B) by adding at the end the following:
       ``(2) If such violation is based on an action taken by an 
     entity in the good faith belief that subsection (h) applies 
     to the debtor, the recovery under paragraph (1) against such 
     entity shall be limited to actual damages.''; and
       (2) by inserting after subsection (j),[as added by section 
     419 of this Act], the following:
       ``(k)(1) Except as provided in paragraph (2), the filing of 
     a petition under chapter 11 [of this title] operates as a 
     stay of the acts described in subsection (a) only in an 
     involuntary case involving no collusion by the debtor with 
     creditors and in which the debtor--
       ``(A) is a debtor in a small business case pending at the 
     time the petition is filed;
       ``(B) was a debtor in a small business case that was 
     dismissed for any reason by an order that became final in the 
     2-year period ending on the date of the order for relief 
     entered with respect to the petition;
       ``(C) was a debtor in a small business case in which a plan 
     was confirmed in the 2-year period ending on the date of the 
     order for relief entered with respect to the petition; or
       ``(D) is an entity that has succeeded to substantially all 
     of the assets or business of a small business debtor 
     described in subparagraph (A), (B), or (C).
       ``(2) Paragraph (1) does not apply to the filing of a 
     petition if the debtor proves by a preponderance of the 
     evidence that--
       ``(A) the filing of that petition resulted from 
     circumstances beyond the control of the debtor not 
     foreseeable at the time the case then pending was filed; and
       ``(B) it is more likely than not that the court will 
     confirm a feasible plan, but not a liquidating plan, within a 
     reasonable period of time.''.

     SEC. 433. EXPANDED GROUNDS FOR DISMISSAL OR CONVERSION AND 
                   APPOINTMENT OF TRUSTEE.

       (a) Expanded Grounds for Dismissal or Conversion.--Section 
     1112 of title 11, United States Code, is amended by striking 
     subsection (b) and inserting the following:
       ``(b)(1) Except as provided in paragraph (2), in subsection 
     (c), and section 1104(a)(3), on request of a party in 
     interest, and after notice and a hearing, the court shall 
     convert a case under this chapter to a case under chapter 7 
     or dismiss a case under this chapter, whichever is in the 
     best interest of creditors and the estate, if the movant 
     establishes cause.
       ``(2) The relief provided in paragraph (1) shall not be 
     granted if the debtor or another party in interest objects 
     and establishes by a preponderance of the evidence that--
       ``(A) it is more likely than not that a plan will be 
     confirmed within--
       ``(i) a period of time fixed under this title or by order 
     of the court entered under section 1121(e)(3); or
       ``(ii) a reasonable period of time if no period of time has 
     been fixed; and
       ``(B) if the reason is an act or omission of the debtor 
     that--
       ``(i) there exists a reasonable justification for the act 
     or omission; and
       ``(ii)(I) the act or omission will be cured within a 
     reasonable period of time fixed by the court, but not to 
     exceed 30 days after the court decides the motion, unless the 
     movant expressly consents to a continuance for a specific 
     period of time; or
       ``(II) compelling circumstances beyond the control of the 
     debtor justify an extension.
       ``(3) The court shall commence the hearing on any motion 
     under this subsection not later than 30 days after filing of 
     the motion, and shall decide the motion within 15 days after 
     commencement of the hearing, unless the movant expressly 
     consents to a continuance for a specific period of time or 
     compelling circumstances prevent the court from meeting the 
     time limits established by this paragraph.
       ``(4) For purposes of this subsection, cause includes--
       ``(A) substantial or continuing loss to or diminution of 
     the estate;
       ``(B) gross mismanagement of the estate;
       ``(C) failure to maintain appropriate insurance;
       ``(D) unauthorized use of cash collateral harmful to 1 or 
     more creditors;
       ``(E) failure to comply with an order of the court;
       ``(F) failure timely to satisfy any filing or reporting 
     requirement established by this title or by any rule 
     applicable to a case under this chapter;
       ``(G) failure to attend the meeting of creditors convened 
     under section 341(a) or an examination ordered under Rule 
     2004 of the Federal Rules of Bankruptcy Procedure;
       ``(H) failure timely to provide information or attend 
     meetings reasonably requested by the United States trustee;
       ``(I) failure timely to pay taxes due after the date of the 
     order for relief or to file tax returns due after the order 
     for relief;
       ``(J) failure to file a disclosure statement, or to file or 
     confirm a plan, within the time fixed by this title or by 
     order of the court;
       ``(K) failure to pay any fees or charges required under 
     chapter 123 of title 28;
       ``(L) revocation of an order of confirmation under section 
     1144;
       ``(M) inability to effectuate substantial consummation of a 
     confirmed plan;
       ``(N) material default by the debtor with respect to a 
     confirmed plan; and
       ``(O) termination of a plan by reason of the occurrence of 
     a condition specified in the plan.
       ``(5) The court shall commence the hearing on any motion 
     under this subsection not later than 30 days after filing of 
     the motion, and shall decide the motion within 15 days after 
     commencement of the hearing, unless the movant expressly 
     consents to a continuance for a specific period of time or 
     compelling circumstances prevent the court from meeting the 
     time limits established by this paragraph.''.
       (b) Additional Grounds for Appointment of Trustee.--Section 
     1104(a) of title 11, United States Code, is amended--

[[Page S12028]]

       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) if grounds exist to convert or dismiss the case under 
     section 1112, but the court determines that the appointment 
     of a trustee is in the best interests of creditors and the 
     estate.''.

     SEC. 434. STUDY OF OPERATION OF TITLE 11, UNITED STATES CODE, 
                   WITH RESPECT TO SMALL BUSINESSES.

       Not later than 2 years after the date of the enactment of 
     this Act, the Administrator of the Small Business 
     Administration, in consultation with the Attorney General of 
     the United States, the Director of the Administrative Office 
     of United States Trustees, and the Director of the 
     Administrative Office of the United States Courts, shall--
       (1) conduct a study to determine--
       (A) the internal and external factors that cause small 
     businesses, especially sole proprietorships, to become 
     debtors in cases under title 11, United States Code, and that 
     cause certain small businesses to successfully complete cases 
     under chapter 11 of such title; and
       (B) how Federal laws relating to bankruptcy may be made 
     more effective and efficient in assisting small businesses to 
     remain viable; and
       (2) submit to the President pro tempore of the Senate and 
     the Speaker of the House of Representatives a report 
     summarizing that study.

     SEC. 435. PAYMENT OF INTEREST.

       Section 362(d)(3) of title 11, United States Code, is 
     amended--
       (1) by inserting ``or 30 days after the court determines 
     that the debtor is subject to this paragraph, whichever is 
     later'' after ``90-day period)''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) the debtor has commenced monthly payments that--
       ``(i) may, in the debtor's sole discretion, notwithstanding 
     section 363(c)(2), be made from rents or other income 
     generated before or after the commencement of the case by or 
     from the property to each creditor whose claim is secured by 
     such real estate (other than a claim secured by a judgment 
     lien or by an unmatured statutory lien); and
       ``(ii) are in an amount equal to interest at the then 
     applicable nondefault contract rate of interest on the value 
     of the creditor's interest in the real estate; or''.

                TITLE V--MUNICIPAL BANKRUPTCY PROVISIONS

     SEC. 501. PETITION AND PROCEEDINGS RELATED TO PETITION.

       (a) Technical Amendment Relating to Municipalities.--
     Section 921(d) of title 11, United States Code, is amended by 
     inserting ``, notwithstanding section 301(b)'' before the 
     period at the end.
       (b) Conforming Amendment.--Section 301 of title 11, United 
     States Code, is amended--
       (1) by inserting ``(a)'' before ``A voluntary''; and
       (2) by striking the last sentence; and [inserting the 
     following]:
       (3) by adding at the end the following:
       ``(b) The commencement of a voluntary case under a chapter 
     of this title constitutes an order for relief under such 
     chapter.''.

     SEC. 502. APPLICABILITY OF OTHER SECTIONS TO CHAPTER 9.

       Section [901] 901(a) of title 11, United States Code, is 
     amended--
       (1) by inserting ``555, 556,'' after ``553,''; and
       (2) by inserting ``559, 560,'' after ``557,''.

           TITLE VI--IMPROVED BANKRUPTCY STATISTICS AND DATA

     SEC. 601. AUDIT PROCEDURES.

       (a) Amendments.--Section 586 of title 28, United States 
     Code, is amended--
       (1) in subsection (a), by striking paragraph (6) and 
     inserting the following:
       ``(6) make such reports as the Attorney General directs, 
     including the results of audits performed under subsection 
     (f); and''; and
       (2) by adding at the end the following:
       ``(f)(1)(A) The Attorney General shall establish procedures 
     to determine the accuracy, veracity, and completeness of 
     petitions, schedules, and other information which the debtor 
     is required to provide under sections 521 and 1322 of title 
     11, and, if applicable, section 111 of title 11, in 
     individual cases filed under chapter 7 or 13 of such title.
       ``(B) Those procedures shall--
       ``(i) establish a method of selecting appropriate qualified 
     persons to contract to perform those audits;
       ``(ii) establish a method of randomly selecting cases to be 
     audited, except that not less than 1 out of every 250 cases 
     in each Federal judicial district shall be selected for 
     audit;
       ``(iii) require audits for schedules of income and expenses 
     which reflect greater than average variances from the 
     statistical norm of the district in which the schedules were 
     filed if those variances occur by reason of higher income or 
     higher expenses than the statistical norm of the [disctrict] 
     district in which the schedules were filed; and
       ``(iv) include procedures for providing, not less 
     frequently than annually, public information concerning the 
     aggregate results of the audits referred to in this 
     subparagraph, including the percentage of cases, by district, 
     in which a material misstatement of income or expenditures is 
     reported.
       ``(2) The United States trustee for each district may 
     contract with auditors to perform audits in cases designated 
     by the United States trustee according to the procedures 
     established under paragraph (1).
       ``(3)(A) The report of each audit conducted under this 
     subsection shall be filed with the court and transmitted to 
     the United States trustee. Each report shall clearly and 
     conspicuously specify any material misstatement of income or 
     expenditures or of assets identified by the person performing 
     the audit. In any case where a material misstatement of 
     income or expenditures or of assets has been reported, the 
     clerk of the bankruptcy court shall give notice of the 
     misstatement to the creditors in the case.
       ``(B) If a material misstatement of income or expenditures 
     or of assets is reported, the United States trustee shall--
       ``(i) report the material misstatement, if appropriate, to 
     the United States Attorney under section 3057 of title 18; 
     and
       ``(ii) if advisable, take appropriate action, including 
     commencing an adversary proceeding to revoke the debtor's 
     discharge under section 727(d) of title 11.''.
       (b) Amendments to Section 521 of Title 11, United States 
     Code.--Paragraphs (3) and (4) of section 521(a) of title 11, 
     United States Code, as amended by section 315 of this Act, 
     are each amended by inserting ``or an auditor appointed under 
     section 586 of title 28'' after ``serving in the case'' each 
     place that term appears.
       (c) Amendments to Section 727 of Title 11, United States 
     Code.--Section 727(d) of title 11, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) the debtor has failed to explain satisfactorily--
       ``(A) a material misstatement in an audit performed under 
     section 586(f) of title 28; or
       ``(B) a failure to make available for inspection all 
     necessary accounts, papers, documents, financial records, 
     files, and any other papers, things, or property belonging to 
     the debtor that are requested for an audit conducted under 
     section 586(f).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 18 months after the date of enactment of 
     this Act.

     SEC. 602. IMPROVED BANKRUPTCY STATISTICS.

       (a) Amendment.--Chapter 6 of title 28, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 159. Bankruptcy statistics

       ``(a) The clerk of each district court shall compile 
     statistics regarding individual debtors with primarily 
     consumer debts seeking relief under chapters 7, 11, and 13 of 
     title 11. Those statistics shall be in a form prescribed by 
     the Director of the Administrative Office of the United 
     States Courts (referred to in this section as the `Office').
       ``(b) The Director shall--
       ``(1) compile the statistics referred to in subsection (a);
       ``(2) make the statistics available to the public; and
       ``(3) not later than October 31, 1999, and annually 
     thereafter, prepare, and submit to Congress a report 
     concerning the information collected under subsection (a) 
     that contains an analysis of the information.
       ``(c) The compilation required under subsection (b) shall--
       ``(1) be itemized, by chapter, with respect to title 11;
       ``(2) be presented in the aggregate and for each district; 
     and
       ``(3) include information concerning--
       ``(A) the total assets and total liabilities of the debtors 
     described in subsection (a), and in each category of assets 
     and liabilities, as reported in the schedules prescribed 
     under section 2075 and filed by those debtors;
       ``(B) the total current monthly income, projected monthly 
     net income, and average income, and average expenses of those 
     debtors as reported on the schedules and statements that each 
     such debtor files under sections 111, 521, and 1322 of title 
     11;
       ``(C) the aggregate amount of debt discharged in the 
     reporting period, determined as the difference between the 
     total amount of debt and obligations of a debtor reported on 
     the schedules and the amount of such debt reported in 
     categories which are predominantly nondischargeable;
       ``(D) the average period of time between the filing of the 
     petition and the closing of the case;
       ``(E) for the reporting period--
       ``(i) the number of cases in which a reaffirmation was 
     filed; and
       ``(ii)(I) the total number of reaffirmations filed;
       ``(II) of those cases in which a reaffirmation was filed, 
     the number in which the debtor was not represented by an 
     attorney; and
       ``(III) of the cases under each of subclauses (I) and (II), 
     the number of cases in which the reaffirmation was approved 
     by the court;
       ``(F) with respect to cases filed under chapter 13 of title 
     11, for the reporting period--
       ``(i)(I) the number of cases in which a final order was 
     entered determining the value of property securing a claim in 
     an amount less than the amount of the claim; and
       ``(II) the number of final orders determining the value of 
     property securing a claim issued;
       ``(ii) the number of cases dismissed for failure to make 
     payments under the plan; and

[[Page S12029]]

       ``(iii) the number of cases in which the debtor filed 
     another case during the 6-year period preceding the date of 
     filing;
       ``(G) the number of cases in which creditors were fined for 
     misconduct and any amount of punitive damages awarded by the 
     court for creditor misconduct; and
       ``(H) the number of cases in which sanctions under Rule 
     9011 of the Federal Rules of Bankruptcy Procedure were 
     imposed against debtor's counsel and damages awarded under 
     such rule.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     6 of title 28, United States Code, is amended by adding at 
     the end the following:

``159. Bankruptcy statistics.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 18 months after the date of enactment of 
     this Act.

     SEC. 603. UNIFORM RULES FOR THE COLLECTION OF BANKRUPTCY 
                   DATA.

       (a) Amendment.--Chapter 39 of title 28, United States Code, 
     is amended by inserting after section 589a the following:

     ``Sec. 589b. Bankruptcy data

       ``(a) Within a reasonable period of time after the 
     effective date of this section, the Attorney General of the 
     United States shall issue rules requiring uniform forms for 
     (and from time to time thereafter to appropriately modify and 
     approve)--
       ``(1) final reports by trustees in cases under chapters 7, 
     12, and 13 of title 11; and
       ``(2) periodic reports by debtors in possession or 
     trustees, as the case may be, in cases under chapter 11 of 
     title 11.
       ``(b) Each report referred to in subsection (a) shall be 
     designed (and the requirements as to place and manner of 
     filing shall be established) so as to facilitate compilation 
     of data and maximum practicable access of the public, by--
       ``(1) physical inspection at 1 or more central filing 
     locations; and
       ``(2) electronic access through the Internet or other 
     appropriate media.
       ``(c)(1) The information required to be filed in the 
     reports referred to in subsection (b) shall be information 
     that is--
       ``(A) in the best interests of debtors and creditors, and 
     in the public interest; and
       ``(B) reasonable and adequate information to evaluate the 
     efficiency and practicality of the Federal bankruptcy system.
       ``(2) In issuing rules proposing the forms referred to in 
     subsection (a), the Attorney General shall strike the best 
     achievable practical balance between--
       ``(A) the reasonable needs of the public for information 
     about the operational results of the Federal bankruptcy 
     system; and
       ``(B) economy, simplicity, and lack of undue burden on 
     persons with a duty to file reports.
       ``(d)(1) Final reports proposed for adoption by trustees 
     under chapters 7, 12, and 13 of title 11 shall include with 
     respect to a case under such title, by appropriate category--
       ``(A) information about the length of time the case was 
     pending;
       ``(B) assets abandoned;
       ``(C) assets exempted;
       ``(D) receipts and disbursements of the estate;
       ``(E) expenses of administration;
       ``(F) claims asserted;
       ``(G) claims allowed; and
       ``(H) distributions to claimants and claims discharged 
     without payment.
       ``(2) In cases under chapters 12 and 13 of title 11, final 
     reports proposed for adoption by trustees shall include--
       ``(A) the date of confirmation of the plan;
       ``(B) each modification to the plan; and
       ``(C) defaults by the debtor in performance under the plan.
       ``(3) The information described in paragraphs (1) and (2) 
     shall be in addition to such other matters as are required by 
     law for a final report or as the Attorney General, in the 
     discretion of the Attorney General, may propose for a final 
     report.
       ``(e)(1) Periodic reports proposed for adoption by trustees 
     or debtors in possession under chapter 11 of title 11 shall 
     include--
       ``(A) information about the standard industry 
     classification, published by the Department of Commerce, for 
     the businesses conducted by the debtor;
       ``(B) the length of time the case has been pending;
       ``(C) the number of full-time employees--
       ``(i) as of the date of the order for relief; and
       ``(ii) at the end of each reporting period since the case 
     was filed;
       ``(D) cash receipts, cash disbursements, and profitability 
     of the debtor for the most recent period and cumulatively 
     since the date of the order for relief;
       ``(E) compliance with title 11, whether or not tax returns 
     and tax payments since the date of the order for relief have 
     been timely filed and made;
       ``(F) all professional fees approved by the court in the 
     case for the most recent period and cumulatively since the 
     date of the order for relief (separately reported, for the 
     professional fees incurred by or on behalf of the debtor, 
     between those that would have been incurred absent a 
     bankruptcy case and those that would not have been so 
     incurred); and
       ``(G) plans of reorganization filed and confirmed and, with 
     respect thereto, by class, the recoveries of the holders, 
     expressed in aggregate dollar values and, in the case of 
     claims, as a percentage of total claims of the class allowed.
       ``(2) The information described in paragraph (1) shall be 
     in addition to such other matters as are required by law for 
     a periodic report or as the Attorney General, in the 
     discretion of the Attorney General, may propose for a 
     periodic report.''.
       (b) Technical Amendment.--The table of sections for chapter 
     39 of title 28, United States Code, is amended by adding at 
     the end the following:

``589b. Bankruptcy data.''.

     SEC. 604. SENSE OF CONGRESS REGARDING AVAILABILITY OF 
                   BANKRUPTCY DATA.

       It is the sense of Congress that--
       (1) it should be the national policy of the United States 
     that all data held by bankruptcy clerks in electronic form, 
     to the extent such data reflects only public records (as 
     defined in section 107 of title 11, United States Code), 
     should be released in a usable electronic form in bulk to the 
     public subject to such appropriate privacy concerns and 
     safeguards as the Judicial Conference of the United States 
     may determine; and
       (2) there should be established a bankruptcy data system in 
     which--
       (A) a single set of data definitions and forms are used to 
     collect data nationwide; and
       (B) data for any particular bankruptcy case are aggregated 
     in the same electronic record.

                  TITLE VII--BANKRUPTCY TAX PROVISIONS

     SEC. 701. TREATMENT OF CERTAIN LIENS.

       (a) Treatment of Certain Liens.--Section 724 of title 11, 
     United States Code, is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``(other than to the extent that there is a 
     properly perfected unavoidable tax lien arising in connection 
     with an ad valorem tax on real or personal property of the 
     estate)'' after ``under this title'';
       (2) in subsection (b)(2), by inserting ``(except that such 
     expenses, other than claims for wages, salaries, or 
     commissions which arise after the filing of a petition, shall 
     be limited to expenses incurred under chapter 7 of this title 
     and shall not include expenses incurred under chapter 11 of 
     this title)'' after ``507(a)(1)''; and
       (3) by adding at the end the following:
       ``(e) Before subordinating a tax lien on real or personal 
     property of the estate, the trustee shall--
       ``(1) exhaust the unencumbered assets of the estate; and
       ``(2) in a manner consistent with section 506(c), recover 
     from property securing an allowed secured claim the 
     reasonable, necessary costs, and expenses of preserving or 
     disposing of that property.
       ``(f) Notwithstanding the exclusion of ad valorem tax liens 
     under this section and subject to the requirements of 
     subsection (e), the following may be paid from property of 
     the estate which secures a tax lien, or the proceeds of such 
     property:
       ``(1) Claims for wages, salaries, and commissions that are 
     entitled to priority under section 507(a)(3).
       ``(2) Claims for contributions to an employee benefit plan 
     entitled to priority under section 507(a)(4).''.
       (b) Determination of Tax Liability.--Section 505(a)(2) of 
     title 11, United States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) the amount or legality of any amount arising in 
     connection with an ad valorem tax on real or personal 
     property of the estate, if the applicable period for 
     contesting or redetermining that amount under any law (other 
     than a bankruptcy law) has expired.''.

     SEC. 702. EFFECTIVE NOTICE TO GOVERNMENT.

       (a) Effective Notice to Governmental Units.--Section 342 of 
     title 11, United States Code, as amended by section 315(a) of 
     this Act, is amended by adding at the end the following:
       ``(g)(1) If a debtor lists a governmental unit as a 
     creditor in a list or schedule, any notice required to be 
     given by the debtor under this title, applicable rule, other 
     provision of law, or order of the court, shall identify the 
     department, agency, or instrumentality through which the 
     debtor is indebted.
       ``(2) The debtor shall identify (with information such as a 
     taxpayer identification number, loan, account or contract 
     number, or real estate parcel number, if applicable), and 
     describe the underlying basis for the claim of the 
     governmental unit.
       ``(3) If the liability of the debtor to a governmental unit 
     arises from a debt or obligation owed or incurred by another 
     individual, entity, or organization, or under a different 
     name, the debtor shall identify that individual, entity, 
     organization, or name.
       ``(h) The clerk shall keep and update on a quarterly basis, 
     in such form and manner as the Director of the Administrative 
     Office of the United States Courts prescribes, a register in 
     which a governmental unit may designate or redesignate a 
     mailing address for service of notice in cases pending in the 
     district. The clerk shall make such register available to 
     debtors.''.
       (b) Adoption of Rules Providing Notice.--
       (1) In general.--Within a reasonable period of time after 
     the date of enactment of this Act, the Advisory Committee on 
     Bankruptcy Rules of the Judicial Conference shall propose for 
     adoption enhanced rules for providing notice to Federal, 
     State, and local

[[Page S12030]]

     government units that have regulatory authority over the 
     debtor or that may be creditors in the debtor's case.
       (2) Persons notified.--The rules proposed under paragraph 
     (1) shall be reasonably calculated to ensure that notice will 
     reach the representatives of the governmental unit (or 
     subdivision thereof) who will be the appropriate persons 
     authorized to act upon the notice.
       (3) Rules required.--At a minimum, the rules under 
     paragraph (1) should require that the debtor--
       (A) identify in the schedules and the notice, the 
     subdivision, agency, or entity with respect to which such 
     notice should be received;
       (B) provide sufficient information (such as case captions, 
     permit numbers, taxpayer identification numbers, or similar 
     identifying information) to permit the governmental unit (or 
     subdivision thereof) entitled to receive such notice to 
     identify the debtor or the person or entity on behalf of 
     which the debtor is providing notice in any case in which--
       (i) the debtor may be a successor in interest; or
       (ii) may not be the same entity as the entity that incurred 
     the debt or obligation; and
       (C) identify, in appropriate schedules, served together 
     with the notice--
       (i) the property with respect to which the claim or 
     regulatory obligation may have arisen, if applicable;
       (ii) the nature of such claim or regulatory obligation; and
       (iii) the purpose for which notice is being given.
       (c) Effect of Failure of Notice.--Section 342 of title 11, 
     United States Code, as amended by subsection (a), is amended 
     by adding at the end the following:
       ``(i) A notice that does not comply with subsections (d) 
     and (e) shall not be effective unless the debtor demonstrates 
     by clear and convincing evidence that--
       ``(1) timely notice was given in a manner reasonably 
     calculated to satisfy the requirements of this section; and
       ``(2) either--
       ``(A) the notice was timely sent to the address provided in 
     the register maintained by the clerk of the district in which 
     the case was pending for such purposes; or
       ``(B) no address was provided in such list for the 
     governmental unit and that an officer of the governmental 
     unit who is responsible for the matter or claim had actual 
     knowledge of the case in sufficient time to act.''.

     SEC. 703. NOTICE OF REQUEST FOR A DETERMINATION OF TAXES.

       The second sentence of section 505(b) of title 11, United 
     States Code, is amended by striking ``Unless'' and inserting 
     ``If the request is made substantially in the manner 
     designated by the governmental unit and unless''.

     SEC. 704. RATE OF INTEREST ON TAX CLAIMS.

       (a) In General.--Subchapter I of chapter 5 of title 11, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 511. Rate of interest on tax claims

       ``If any provision of this title requires the payment of 
     interest on a tax claim or the payment of interest to enable 
     a creditor to receive the present value of the allowed amount 
     of a tax claim, the rate of interest shall be as follows:
       ``(1) In the case of secured tax claims, unsecured ad 
     valorem tax claims, other unsecured tax claims in which 
     interest is required to be paid under section 726(a)(5), and 
     administrative tax claims paid under section 503(b)(1), the 
     rate shall be determined under applicable nonbankruptcy law.
       ``(2)(A) In the case of any tax claim other than a claim 
     described in paragraph (1), the minimum rate of interest 
     shall be a percentage equal to the sum of--
       ``(i) 3; plus
       ``(ii) the Federal short-term rate rounded to the nearest 
     full percent, determined under section 1274(d) of the 
     Internal Revenue Code of 1986.
       ``(B) In the case of any claim for Federal income taxes, 
     the minimum rate of interest shall be subject to any 
     adjustment that may be required under section 6621(d) of the 
     Internal Revenue Code of 1986.
       ``(C) In the case of taxes paid under a confirmed plan or 
     reorganization under this title, the minimum rate of interest 
     shall be determined as of the calendar month in which the 
     plan is confirmed.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     5 of title 11, United States Code, is amended by inserting 
     after the item relating to section 510 the following:

``511. Rate of interest on tax claims.''.

     SEC. 705. TOLLING OF PRIORITY OF TAX CLAIM TIME PERIODS.

       Section 507(a)(8)(A) of title 11, United States Code, [as 
     redesignated by section 212 of this Act,] is amended--
       (1) in clause (i), by inserting before the semicolon at the 
     end, the following: ``, plus any time during which the stay 
     of proceedings was in effect in a prior case under this 
     title, plus 6 months''; and
       (2) by striking clause (ii) and inserting the following:
       ``(ii) assessed within 240 days before the date of the 
     filing of the petition, exclusive of--

       ``(I) any time during which an offer in compromise with 
     respect to that tax, was pending or in effect during that 
     240-day period, plus 30 days;
       ``(II) the lesser of--

       ``(aa) any time during which an installment agreement with 
     respect to that tax was pending or in effect during that 240-
     day period, plus 30 days; or
       ``(bb) 1 year; and

       ``(III) any time during which a stay of proceedings against 
     collections was in effect in a prior case under this title 
     during that 240-day period; plus 6 months.''.

     SEC. 706. PRIORITY PROPERTY TAXES INCURRED.

       Section 507(a)(9)(B) of title 11, United States Code, [as 
     redesignated by section 221 of this Act,] is amended by 
     striking ``assessed'' and inserting ``incurred''.

     SEC. 707. CHAPTER 13 DISCHARGE OF FRAUDULENT AND OTHER TAXES.

       Section 1328(a)(2) of title 11, United States Code, as 
     amended by section [228] 314 of this Act, is amended by 
     inserting ``(1),'' after ``paragraph''.

     SEC. 708. CHAPTER 11 DISCHARGE OF FRAUDULENT TAXES.

       Section 1141(d) of title 11, United States Code, is amended 
     by adding at the end the following:
       ``(5) Notwithstanding paragraph (1), the confirmation of a 
     plan does not discharge a debtor that is a corporation from 
     any debt for a tax or customs duty with respect to which the 
     debtor--
       ``(A) made a fraudulent return; or
       ``(B) willfully attempted in any manner to evade or defeat 
     that tax or duty.''.

     SEC. 709. STAY OF TAX PROCEEDINGS.

       (a) Section 362 Stay Limited to Prepetition Taxes.--Section 
     362(a)(8) of title 11, United States Code, is amended by 
     inserting before the semicolon at the end the following: ``, 
     with respect to a tax liability for a taxable period ending 
     before the order for relief under section 301, 302, or 303''.
       (b) Appeal of Tax Court Decisions Permitted.--Section 
     362(b)(9) of title 11, United States Code, is amended--
       (1) in subparagraph (C), by striking ``or'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(E) the appeal of a decision by a court or administrative 
     tribunal which determines a tax liability of the debtor 
     (without regard to whether such determination was made 
     prepetition or postpetition).''.

     SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAPTER 11 CASES.

       Section 1129(a)(9) of title 11, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end; 
     and
       (2) in subparagraph (C), by striking ``deferred cash 
     payments, over a period not exceeding six years after the 
     date of assessment of such claim,'' and all that follows 
     through the end of the subparagraph, and inserting ``regular 
     installment payments--
       ``(i) of a total value, as of the effective date of the 
     claim, equal to the allowed amount of such claim in cash, but 
     in no case with a balloon payment; and
       ``(ii) beginning not later than the effective date of the 
     plan and ending on the earlier of--

       ``(I) the date that is 5 years after the date of the filing 
     of the petition; or

       ``(II) the last date payments are to be made under the plan 
     to unsecured creditors; and''; and

       (3) by adding at the end the following:
       ``(D) with respect to a secured claim which would otherwise 
     meet the description on an unsecured claim of a governmental 
     unit under section 507(a)(8), but for the secured status of 
     that claim, the holder of that claim will receive on account 
     of that claim, cash payments, in the same manner and over the 
     same period, as prescribed in subparagraph (C).''.

     SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS PROHIBITED.

       Section 545(2) of title 11, United States Code, is amended 
     by striking the semicolon at the end and inserting ``, except 
     in any case in which a purchaser is a purchaser described in 
     section 6323 of the Internal Revenue Code of 1986, or in any 
     other similar provision of State or local law;''.

     SEC. 712. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS.

       (a) Payment of Taxes Required.--Section 960 of title 28, 
     United States Code, is amended--
       (1) by inserting ``(a)'' before ``Any''; and
       (2) by adding at the end the following:
       ``(b) A tax under subsection (a) shall be paid when due in 
     the conduct of business unless--
       ``(1) the tax is a property tax secured by a lien against 
     property that is abandoned within a reasonable period of time 
     after the lien attaches, by the trustee of a bankruptcy 
     estate, under section 554 of title 11; or
       ``(2) payment of the tax is excused under a specific 
     provision of title 11.
       ``(c) In a case pending under chapter 7 of title 11, 
     payment of a tax may be deferred until final distribution is 
     made under section 726 of title 11, if--
       ``(1) the tax was not incurred by a trustee duly appointed 
     under chapter 7 of title 11; or
       ``(2) before the due date of the tax, the court makes a 
     finding of probable insufficiency of funds of the estate to 
     pay in full the administrative expenses allowed under section 
     503(b) of title 11 that have the same priority in 
     distribution under section 726(b) of title 11 as the priority 
     of that tax.''.
       (b) Payment of Ad Valorem Taxes Required.--Section 
     503(b)(1)(B)(i) of title 11, United States Code, is amended 
     by inserting ``whether secured or unsecured, including

[[Page S12031]]

     property taxes for which liability is in rem, in personam, or 
     both,'' before ``except''.
       (c) Request for Payment of Administrative Expense Taxes 
     Eliminated.--Section 503(b)(1) of title 11, United States 
     Code, is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by adding ``and'' at the end; and
       (3) by adding at the end the following:
       ``(D) notwithstanding the requirements of subsection (a), a 
     governmental unit shall not be required to file a request for 
     the payment of a claim described in subparagraph (B) or 
     (C);''.
       (d) Payment of Taxes and Fees as Secured Claims.--Section 
     506 of title 11, United States Code, is amended--
       (1) in subsection (b), by inserting ``or State statute'' 
     after ``agreement''; and
       (2) in subsection (c), by inserting ``, including the 
     payment of all ad valorem property taxes with respect to the 
     property'' before the period at the end.

     SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS.

       Section 726(a)(1) of title 11, United States Code, is 
     amended by striking ``before the date on which the trustee 
     commences distribution under this section;'' and inserting 
     the following: ``on or before the earlier of--
       ``(A) the date that is 10 days after the mailing to 
     creditors of the summary of the trustee's final report; or
       ``(B) the date on which the trustee commences final 
     distribution under this section;''.

     SEC. 714. INCOME TAX RETURNS PREPARED BY TAX AUTHORITIES.

       Section 523(a) of title 11, United States Code, is 
     amended--
       (1) in paragraph (1)(B)--
       (A) by inserting ``or equivalent report or notice,'' after 
     ``a return,'';
       (B) in clause (i)--
       (i) by inserting ``or given'' after ``filed''; and
       (ii) by striking ``or'' at the end; and
       (C) in clause (ii)--
       (i) by inserting ``or given'' after ``filed''; and
       (ii) by inserting ``, report, or notice'' after ``return''; 
     and
       (2) by adding at the end the following flush sentences:
     ``For purposes of this subsection, the term `return' means a 
     return that satisfies the requirements of applicable 
     nonbankruptcy law (including applicable filing requirements). 
     Such term includes a return prepared pursuant to section 
     6020(a) of the Internal Revenue Code of 1986, or similar 
     State or local law, or a written stipulation to a judgment 
     entered by a nonbankruptcy tribunal, but does not include a 
     return made pursuant to section 6020(b) of the Internal 
     Revenue Code of 1986, or a similar State or local law.''.

     SEC. 715. DISCHARGE OF THE ESTATE'S LIABILITY FOR UNPAID 
                   TAXES.

       The second sentence of section 505(b) of title 11, United 
     States Code, as amended by section 703 of this Act, is 
     amended by inserting ``the estate,'' after 
     ``misrepresentation,''.

     SEC. 716. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 
                   13 PLANS.

       (a) Filing of Prepetition Tax Returns Required for Plan 
     Confirmation.--Section 1325(a) of title 11, United States 
     Code, as amended by section [212] 213 and 306 of this Act, is 
     amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by [adding at the end the following:] inserting after 
     paragraph (7) the following:
       ``(8) if the debtor has filed all applicable Federal, 
     State, and local tax returns as required by section 1309.''.
       (b) Additional Time Permitted for Filing Tax Returns.--
       (1) In general.--Chapter 13 of title 11, United States 
     Code, as amended by section 309(c) of this Act, is amended by 
     adding at the end the following:

     ``Sec. 1309. Filing of prepetition tax returns

       ``(a) Not later than the day before the day on which the 
     first meeting of the creditors is convened under section 
     341(a), the debtor shall file with appropriate tax 
     authorities all tax returns for all taxable periods ending 
     during the 3-year period ending on the date of the filing of 
     the petition.
       ``(b)(1) Subject to paragraph (2), if the tax returns 
     required by subsection (a) have not been filed by the date on 
     which the first meeting of creditors is convened under 
     section 341(a), the trustee may continue that meeting for a 
     reasonable period of time to allow the debtor an additional 
     period of time to file any unfiled returns, but such 
     additional period of time shall not extend beyond--
       ``(A) for any return that is past due as of the date of the 
     filing of the petition, the date that is 120 days after the 
     date of that first meeting; or
       ``(B) for any return that is not past due as of the date of 
     the filing of the petition, the later of--
       ``(i) the date that is 120 days after the date of that 
     first meeting; or
       ``(ii) the date on which the return is due under the last 
     automatic extension of time for filing that return to which 
     the debtor is entitled, and for which request has been timely 
     made, according to applicable nonbankruptcy law.
       ``(2) Upon notice and hearing, and order entered before the 
     tolling of any applicable filing period determined under this 
     subsection, if the debtor demonstrates by clear and 
     convincing evidence that the failure to file a return as 
     required under this subsection is attributable to 
     circumstances beyond the control of the debtor, the court may 
     extend the filing period established by the trustee under 
     this subsection for--
       ``(A) a period of not more than 30 days for returns 
     described in paragraph (1); and
       ``(B) a period not to extend after the applicable extended 
     due date for a return described in paragraph (2).
       ``(c) For purposes of this section, the term `return' 
     includes a return prepared pursuant to section 6020 (a) or 
     (b) of the Internal Revenue Code of 1986, or a similar State 
     or local law, or written stipulation to a judgment entered by 
     a nonbankruptcy tribunal.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 13 of title 11, United States Code, is amended by 
     inserting after the item relating to section 1308 the 
     following:

``1309. Filing of prepetition tax returns.''.
       (c) Dismissal or Conversion on Failure To Comply.--Section 
     1307 of title 11, United States Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d), the following:
       ``(e) Upon the failure of the debtor to file a tax return 
     under section 1309, on request of a party in interest or the 
     United States trustee and after notice and a hearing, the 
     court shall dismiss the case.''.
       (d) Timely Filed Claims.--Section 502(b)(9) of title 11, 
     United States Code, is amended by inserting before the period 
     at the end the following ``, and except that in a case under 
     chapter 13 [of this title], a claim of a governmental unit 
     for a tax with respect to a return filed under section 1309 
     shall be timely if the claim is filed on or before the date 
     that is 60 days after that return was filed in accordance 
     with applicable requirements''.
       (e) Rules for Objections to Claims and to Confirmation.--It 
     is the sense of Congress that the Advisory Committee on 
     Bankruptcy Rules of the Judicial Conference should, within a 
     reasonable period of time after the date of enactment of this 
     Act, propose for adoption amended Federal Rules of Bankruptcy 
     Procedure which provide that--
       (1) notwithstanding the provisions of Rule 3015(f), in 
     cases under chapter 13 of title 11, United States Code, a 
     governmental unit may object to the confirmation of a plan on 
     or before the date that is 60 days after the date on which 
     the debtor files all tax returns required under sections 1309 
     and 1325(a)(7) of title 11, United States Code; and
       (2) in addition to the provisions of Rule 3007, in a case 
     under chapter 13 of title 11, United States Code, no 
     objection to a tax with respect to which a return is required 
     to be filed under section 1309 of title 11, United States 
     Code, shall be filed until such return has been filed as 
     required.

     SEC. 717. STANDARDS FOR TAX DISCLOSURE.

       Section 1125(a)(1) of title 11, United States Code, is 
     amended--
       (1) by inserting ``including a full discussion of the 
     potential material, Federal, State, and local tax 
     consequences of the plan to the debtor, any successor to the 
     debtor, and a hypothetical investor domiciled in the State in 
     which the debtor resides or has its principal place of 
     business typical of the holders of claims or interests in the 
     case,'' after ``records''; and
       (2) by striking ``a hypothetical reasonable investor 
     typical of holders of claims or interests'' and inserting 
     ``such a hypothetical investor''.

     SEC. 718. SETOFF OF TAX REFUNDS.

       Section 362(b) of title 11, United States Code, as amended 
     by section 402 of this Act, is amended--
       (1) in paragraph (25), by striking ``or'' at the end;
       (2) in paragraph (26), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after paragraph (26) the following:
       ``(27) under subsection (a), of the setoff of an income tax 
     refund, by a governmental unit, with respect to a taxable 
     period that ended before the order for relief against an 
     income tax liability for a taxable period that also ended 
     before the order for relief, unless--
       ``(A) before that setoff, an action to determine the amount 
     or legality of that tax liability under section 505(a) was 
     commenced; or
       ``(B) in any case in which the setoff of an income tax 
     refund is not permitted because of a pending action to 
     determine the amount or legality of a tax liability, in which 
     case the governmental unit may hold the refund pending the 
     resolution of the action.''.

           TITLE VIII--ANCILLARY AND OTHER CROSS-BORDER CASES

     SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO TITLE 11, UNITED 
                   STATES CODE.

       (a) In General.--Title 11, United States Code, is amended 
     by inserting after chapter 13 the following:

          ``CHAPTER 15--ANCILLARY AND OTHER CROSS-BORDER CASES

``Sec.
``1501. Purpose and scope of application.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

``1502. Definitions.
``1503. International obligations of the United States.
``1504. Commencement of ancillary case.
``1505. Authorization to act in a foreign country.
``1506. Public policy exception.
``1507. Additional assistance.
``1508. Interpretation.

[[Page S12032]]

``SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE 
                                 COURT

``1509. Right of direct access.
``1510. Limited jurisdiction.
``1511. Commencement of case under section 301 or 303.
``1512. Participation of a foreign representative in a case under this 
              title.
``1513. Access of foreign creditors to a case under this title.
``1514. Notification to foreign creditors concerning a case under this 
              title.

    ``SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

``1515. Application for recognition of a foreign proceeding.
``1516. Presumptions concerning recognition.
``1517. Order recognizing a foreign proceeding.
``1518. Subsequent information.
``1519. Relief that may be granted upon petition for recognition of a 
              foreign proceeding.
``1520. Effects of recognition of a foreign main proceeding.
``1521. Relief that may be granted upon recognition of a foreign 
              proceeding.
``1522. Protection of creditors and other interested persons.
``1523. Actions to avoid acts detrimental to creditors.
``1524. Intervention by a foreign representative.

     ``SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN 
                            REPRESENTATIVES

``1525. Cooperation and direct communication between the court and 
              foreign courts or foreign representatives.
``1526. Cooperation and direct communication between the trustee and 
              foreign courts or foreign representatives.
``1527. Forms of cooperation.

                 ``SUBCHAPTER V--CONCURRENT PROCEEDINGS

``1528. Commencement of a case under this title after recognition of a 
              foreign main proceeding.
``1529. Coordination of a case under this title and a foreign 
              proceeding.
``1530. Coordination of more than 1 foreign proceeding.
``1531. Presumption of insolvency based on recognition of a foreign 
              main proceeding.
``1532. Rule of payment in concurrent proceedings.

     ``Sec. 1501. Purpose and scope of application

       ``(a) The purpose of this chapter is to incorporate the 
     Model Law on Cross-Border Insolvency so as to provide 
     effective mechanisms for dealing with cases of cross-border 
     insolvency with the objectives of--
       ``(1) cooperation between--
       ``(A) United States courts, United States Trustees, 
     trustees, examiners, debtors, and debtors in possession; and
       ``(B) the courts and other competent authorities of foreign 
     countries involved in cross-border insolvency cases;
       ``(2) greater legal certainty for trade and investment;
       ``(3) fair and efficient administration of cross-border 
     insolvencies that protects the interests of all creditors, 
     and other interested entities, including the debtor;
       ``(4) protection and maximization of the value of the 
     debtor's assets; and
       ``(5) facilitation of the rescue of financially troubled 
     businesses, thereby protecting investment and preserving 
     employment.
       ``(b) This chapter applies if--
       ``(1) assistance is sought in the United States by a 
     foreign court or a foreign representative in connection with 
     a foreign proceeding;
       ``(2) assistance is sought in a foreign country in 
     connection with a case under this title;
       ``(3) a foreign proceeding and a case under this title with 
     respect to the same debtor are taking place concurrently; or
       ``(4) creditors or other interested persons in a foreign 
     country have an interest in requesting the commencement of, 
     or participating in, a case or proceeding under this title.
       ``(c) This chapter does not apply to--
       ``(1) a proceeding concerning an entity identified by 
     exclusion in subsection 109(b);
       ``(2) an individual, or to an individual and such 
     individual's spouse, who have debts within the limits 
     specified in section 109(e) and who are citizens of the 
     United States or aliens lawfully admitted for permanent 
     residence in the United States; or
       ``(3) an entity subject to a proceeding under the 
     Securities Investor Protection Act of 1970 (84 Stat. 1636 et 
     seq.), a stockbroker subject to subchapter III of chapter 7 
     of this title, or a commodity broker subject to subchapter IV 
     of chapter 7 of this title.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

     ``Sec. 1502. Definitions

       ``For the purposes of this chapter, the term--
       ``(1) `debtor' means an entity that is the subject of a 
     foreign proceeding;
       ``(2) `establishment' means any place of operations where 
     the debtor carries out a nontransitory economic activity;
       ``(3) `foreign court' means a judicial or other authority 
     competent to control or supervise a foreign proceeding;
       ``(4) `foreign main proceeding' means a foreign proceeding 
     taking place in the country where the debtor has the center 
     of its main interests;
       ``(5) `foreign nonmain proceeding' means a foreign 
     proceeding, other than a foreign main proceeding, taking 
     place in a country where the debtor has an establishment;
       ``(6) `trustee' includes a trustee, a debtor in possession 
     in a case under any chapter of this title, or a debtor under 
     chapter 9 of this title; and
       ``(7) `within the territorial jurisdiction of the United 
     States' when used with reference to property of a debtor 
     refers to tangible property located within the territory of 
     the United States and intangible property deemed under 
     applicable nonbankruptcy law to be located within that 
     territory, including any property subject to attachment or 
     garnishment that may properly be seized or garnished by an 
     action in a Federal or State court in the United States.

     ``Sec. 1503. International obligations of the United States

       ``To the extent that this chapter conflicts with an 
     obligation of the United States arising out of any treaty or 
     other form of agreement to which it is a party with 1 or more 
     other countries, the requirements of the treaty or agreement 
     prevail.

     ``Sec. 1504. Commencement of ancillary case

       ``A case under this chapter is commenced by the filing of a 
     petition for recognition of a foreign proceeding under 
     section 1515.

     ``Sec. 1505. Authorization to act in a foreign country

       ``A trustee or another entity, including an examiner, may 
     be authorized by the court to act in a foreign country on 
     behalf of an estate created under section 541. An entity 
     authorized to act under this section may act in any way 
     permitted by the applicable foreign law.

     ``Sec. 1506. Public policy exception

       ``Nothing in this chapter prevents the court from refusing 
     to take an action governed by this chapter if the action 
     would be manifestly contrary to the public policy of the 
     United States.

     ``Sec. 1507. Additional assistance

       ``(a) Subject to the specific limitations under other 
     provisions of this chapter, the court, upon recognition of a 
     foreign proceeding, may provide additional assistance to a 
     foreign representative under this title or under other laws 
     of the United States.
       ``(b) In determining whether to provide additional 
     assistance under this title or under other laws of the United 
     States, the court shall consider whether such additional 
     assistance, consistent with the principles of comity, will 
     reasonably assure--
       ``(1) just treatment of all holders of claims against or 
     interests in the debtor's property;
       ``(2) protection of claim holders in the United States 
     against prejudice and inconvenience in the processing of 
     claims in such foreign proceeding;
       ``(3) prevention of preferential or fraudulent dispositions 
     of property of the debtor;
       ``(4) distribution of proceeds of the debtor's property 
     substantially in accordance with the order prescribed by this 
     title; and
       ``(5) if appropriate, the provision of an opportunity for a 
     fresh start for the individual that such foreign proceeding 
     concerns.

     ``Sec. 1508. Interpretation

       ``In interpreting this chapter, the court shall consider 
     its international origin, and the need to promote an 
     application of this chapter that is consistent with the 
     application of similar statutes adopted by foreign 
     jurisdictions.

``SUBCHAPTER II--ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE 
                                 COURT

     ``Sec. 1509. Right of direct access

       ``(a) A foreign representative is entitled to commence a 
     case under section 1504 by filing a petition for recognition 
     under section 1515, and upon recognition, to apply directly 
     to other Federal and State courts for appropriate relief in 
     those courts.
       ``(b) Upon recognition, and subject to section 1510, a 
     foreign representative shall have the capacity to sue and be 
     sued, and shall be subject to the laws of the United States 
     of general applicability.
       ``(c) Subject to section 1510, a foreign representative is 
     subject to laws of general application.
       ``(d) Recognition under this chapter is prerequisite to the 
     granting of comity or cooperation to a foreign representative 
     in any Federal or State court in the United States. Any 
     request for comity or cooperation by a foreign representative 
     in any court shall be accompanied by a sworn statement 
     setting forth whether recognition under section 1515 has been 
     sought and the status of any such petition.
       ``(e) Upon denial of recognition under this chapter, the 
     court may issue appropriate orders necessary to prevent an 
     attempt to obtain comity or cooperation from courts in the 
     United States without such recognition.

     ``Sec. 1510. Limited jurisdiction

       ``The sole fact that a foreign representative files a 
     petition under section 1515 does not subject the foreign 
     representative to the jurisdiction of any court in the United 
     States for any other purpose.

     ``Sec. 1511. Commencement of case under section 301 or 303

       ``(a) Upon recognition, a foreign representative may 
     commence--

[[Page S12033]]

       ``(1) an involuntary case under section 303; or
       ``(2) a voluntary case under section 301 or 302, if the 
     foreign proceeding is a foreign main proceeding.
       ``(b) The petition commencing a case under subsection (a) 
     must be accompanied by a statement describing the petition 
     for recognition and its current status. The court where the 
     petition for recognition has been filed must be advised of 
     the foreign representative's intent to commence a case under 
     subsection (a) prior to such commencement.

     ``Sec. 1512. Participation of a foreign representative in a 
       case under this title

       ``Upon recognition of a foreign proceeding, the foreign 
     representative in that proceeding is entitled to participate 
     as a party in interest in a case regarding the debtor under 
     this title.

     ``Sec. 1513. Access of foreign creditors to a case under this 
       title

       ``(a) Foreign creditors have the same rights regarding the 
     commencement of, and participation in, a case under this 
     title as domestic creditors.
       ``(b)(1) Subsection (a) does not change or codify law in 
     effect on the date of enactment of this chapter as to the 
     priority of claims under section 507 or 726, except that the 
     claim of a foreign creditor under section 507 or 726 shall 
     not be given a lower priority than that of general unsecured 
     claims without priority solely because the holder of such 
     claim is a foreign creditor.
       ``(2)(A) Subsection (a) and paragraph (1) do not change or 
     codify law in effect on the date of enactment of this chapter 
     as to the allowability of foreign revenue claims or other 
     foreign public law claims in a proceeding under this title.
       ``(B) Allowance and priority as to a foreign tax claim or 
     other foreign public law claim shall be governed by any 
     applicable tax treaty of the United States, under the 
     conditions and circumstances specified therein.

     ``Sec. 1514. Notification to foreign creditors concerning a 
       case under this title

       ``(a) Whenever in a case under this title notice is to be 
     given to creditors generally or to any class or category of 
     creditors, such notice shall also be given to the known 
     creditors generally, or to creditors in the notified class or 
     category, that do not have addresses in the United States. 
     The court may order that appropriate steps be taken with a 
     view to notifying any creditor whose address is not yet 
     known.
       ``(b) Such notification to creditors with foreign addresses 
     described in subsection (a) shall be given individually, 
     unless the court considers that, under the circumstances, 
     some other form of notification would be more appropriate. No 
     letters rogatory or other similar formality is required.
       ``(c) When a notification of commencement of a case is to 
     be given to foreign creditors, the notification shall--
       ``(1) indicate the time period for filing proofs of claim 
     and specify the place for their filing;
       ``(2) indicate whether secured creditors need to file their 
     proofs of claim; and
       ``(3) contain any other information required to be included 
     in such a notification to creditors pursuant to this title 
     and the orders of the court.
       ``(d) Any rule of procedure or order of the court as to 
     notice or the filing of a claim shall provide such additional 
     time to creditors with foreign addresses as is reasonable 
     under the circumstances.

    ``SUBCHAPTER III--RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

     ``Sec. 1515. Application for recognition of a foreign 
       proceeding

       ``(a) A foreign representative applies to the court for 
     recognition of the foreign proceeding in which the foreign 
     representative has been appointed by filing a petition for 
     recognition.
       ``(b) A petition for recognition shall be accompanied by--
       ``(1) a certified copy of the decision commencing the 
     foreign proceeding and appointing the foreign representative;
       ``(2) a certificate from the foreign court affirming the 
     existence of the foreign proceeding and of the appointment of 
     the foreign representative; or
       ``(3) in the absence of evidence referred to in paragraphs 
     (1) and (2), any other evidence acceptable to the court of 
     the existence of the foreign proceeding and of the 
     appointment of the foreign representative.
       ``(c) A petition for recognition shall also be accompanied 
     by a statement identifying all foreign proceedings with 
     respect to the debtor that are known to the foreign 
     representative.
       ``(d) The documents referred to in paragraphs (1) and (2) 
     of subsection (b) must be translated into English. The court 
     may require a translation into English of additional 
     documents.

     ``Sec. 1516. Presumptions concerning recognition

       ``(a) If the decision or certificate referred to in section 
     1515(b) indicates that the foreign proceeding is a foreign 
     proceeding as defined in section 101 and that the person or 
     body is a foreign representative as defined in section 101, 
     the court is entitled to so presume.
       ``(b) The court is entitled to presume that documents 
     submitted in support of the petition for recognition are 
     authentic, whether or not they have been legalized.
       ``(c) In the absence of evidence to the contrary, the 
     debtor's registered office, or habitual residence in the case 
     of an individual, is presumed to be the center of the 
     debtor's main interests.

     ``Sec. 1517. Order recognizing a foreign proceeding

       ``(a) Subject to section 1506, after notice and a hearing 
     an order recognizing a foreign proceeding shall be entered 
     if--
       ``(1) the foreign proceeding is a foreign main proceeding 
     or foreign nonmain proceeding within the meaning of section 
     1502;
       ``(2) the foreign representative applying for recognition 
     is a person or body as defined in section 101; and
       ``(3) the petition meets the requirements of section 1515.
       ``(b) The foreign proceeding shall be recognized--
       ``(1) as a foreign main proceeding if it is taking place in 
     the country where the debtor has the center of its main 
     interests; or
       ``(2) as a foreign nonmain proceeding if the debtor has an 
     establishment within the meaning of section 1502 in the 
     foreign country where the proceeding is pending.
       ``(c) A petition for recognition of a foreign proceeding 
     shall be decided upon at the earliest possible time. Entry of 
     an order recognizing a foreign proceeding shall constitute 
     recognition under this chapter.
       ``(d) The provisions of this subchapter do not prevent 
     modification or termination of recognition if it is shown 
     that the grounds for granting it were fully or partially 
     lacking or have ceased to exist, but in considering such 
     action the court shall give due weight to possible prejudice 
     to parties that have relied upon the granting of recognition. 
     The case under this chapter may be closed in the manner 
     prescribed for a case under section 350.

     ``Sec. 1518. Subsequent information

       ``After [the] the petition for recognition of the foreign 
     proceeding is filed, the foreign representative shall file 
     with the court promptly a notice of change of status 
     concerning--
       ``(1) any substantial change in the status of the foreign 
     proceeding or the status of the foreign representative's 
     appointment; and
       ``(2) any other foreign proceeding regarding the debtor 
     that becomes known to the foreign representative.

     ``Sec. 1519. Relief that may be granted upon petition for 
       recognition of a foreign proceeding

       ``(a) Beginning on the date on which a petition for 
     recognition is filed and ending on the date on which the 
     petition is decided upon, the court may, at the request of 
     the foreign representative, where relief is urgently needed 
     to protect the assets of the debtor or the interests of the 
     creditors, grant relief of a provisional nature, including--
       ``(1) staying execution against the debtor's assets;
       ``(2) entrusting the administration or realization of all 
     or part of the debtor's assets located in the United States 
     to the foreign representative or another person authorized by 
     the court, including an examiner, in order to protect and 
     preserve the value of assets that, by their nature or because 
     of other circumstances, are perishable, susceptible to 
     devaluation, or otherwise in jeopardy; and
       ``(3) any relief referred to in paragraph (3), (4), or (7) 
     of section 1521(a).
       ``(b) Unless extended under section 1521(a)(6), the relief 
     granted under this section terminates when the petition for 
     recognition is decided upon.
       ``(c) It is a ground for denial of relief under this 
     section that such relief would interfere with the 
     administration of a foreign main proceeding.
       ``(d) The court may not enjoin a police or regulatory act 
     of a governmental unit, including a criminal action or 
     proceeding, under this section.
       ``(e) The standards, procedures, and limitations applicable 
     to an injunction shall apply to relief under this section.

     ``Sec. 1520. Effects of recognition of a foreign main 
       proceeding

       ``(a) Upon recognition of a foreign proceeding that is a 
     foreign main proceeding--
       ``(1) section 362 applies with respect to the debtor and 
     that property of the debtor that is within the territorial 
     jurisdiction of the United States;
       ``(2) a transfer, an encumbrance, or any other disposition 
     of an interest of the debtor in property within the 
     territorial jurisdiction of the United States is restrained 
     as and to the extent that is provided for property of an 
     estate under sections 363, 549, and 552; and
       ``(3) unless the court orders otherwise, the foreign 
     representative may operate the debtor's business and may 
     exercise the powers of a trustee under section 549, subject 
     to sections 363 and 552.
       ``(b) The scope, and the modification or termination, of 
     the stay and restraints referred to in subsection (a) are 
     subject to the exceptions and limitations provided in 
     subsections (b), (c), and (d) of section 362, subsections (b) 
     and (c) of section 363, and sections 552, 555 through 557, 
     559, and 560.
       ``(c) Subsection (a) does not affect the right to commence 
     individual actions or proceedings in a foreign country to the 
     extent necessary to preserve a claim against the debtor.
       ``(d) Subsection (a) does not affect the right of a foreign 
     representative or an entity to file a petition commencing a 
     case under

[[Page S12034]]

     this title or the right of any party to file claims or take 
     other proper actions in such a case.

     ``Sec. 1521. Relief that may be granted upon recognition of a 
       foreign proceeding

       ``(a) Upon recognition of a foreign proceeding, whether 
     main or nonmain, where necessary to effectuate the purpose of 
     this chapter and to protect the assets of the debtor or the 
     interests of the creditors, the court may, at the request of 
     the foreign representative, grant any appropriate relief, 
     including--
       ``(1) staying the commencement or continuation of 
     individual actions or individual proceedings concerning the 
     debtor's assets, rights, obligations or liabilities to the 
     extent the actions or proceedings have not been stayed under 
     section 1520(a);
       ``(2) staying execution against the debtor's assets to the 
     extent the execution has not been stayed under section 
     1520(a);
       ``(3) suspending the right to transfer, encumber or 
     otherwise dispose of any assets of the debtor to the extent 
     that right has not been suspended under section 1520(a);
       ``(4) providing for the examination of witnesses, the 
     taking of evidence or the delivery of information concerning 
     the debtor's assets, affairs, rights, obligations or 
     liabilities;
       ``(5) entrusting the administration or realization of all 
     or part of the debtor's assets within the territorial 
     jurisdiction of the United States to the foreign 
     representative or another person, including an examiner, 
     authorized by the court;
       ``(6) extending relief granted under section 1519(a); and
       ``(7) granting any additional relief that may be available 
     to a trustee, except for relief available under sections 522, 
     544, 545, 547, 548, 550, and 724(a).
       ``(b) Upon recognition of a foreign proceeding, whether 
     main or nonmain, the court may, at the request of the foreign 
     representative, entrust the distribution of all or part of 
     the debtor's assets located in the United States to the 
     foreign representative or another person, including an 
     examiner, authorized by the court, if the court is satisfied 
     that the interests of creditors in the United States are 
     sufficiently protected.
       ``(c) In granting relief under this section to a 
     representative of a foreign nonmain proceeding, the court 
     must be satisfied that the relief relates to assets that, 
     under the law of the United States, should be administered in 
     the foreign nonmain proceeding or concerns information 
     required in that proceeding.
       ``(d) The court may not enjoin a police or regulatory act 
     of a governmental unit, including a criminal action or 
     proceeding, under this section.
       ``(e) The standards, procedures, and limitations applicable 
     to an injunction shall apply to relief under paragraphs (1), 
     (2), (3), and (6) of subsection (a).

     ``Sec. 1522. Protection of creditors and other interested 
       persons

       ``(a) The court may grant relief under section 1519 or 
     1521, or may modify or terminate relief under subsection (c), 
     only if the interests of the creditors and other interested 
     entities, including the debtor, are sufficiently protected.
       ``(b) The court may subject relief granted under section 
     1519 or 1521, or the operation of the debtor's business under 
     section 1520(a)(2), to conditions that the court considers to 
     be appropriate, including the giving of security or the 
     filing of a bond.
       ``(c) The court may, at the request of the foreign 
     representative or an entity affected by relief granted under 
     section 1519 or 1521, or at its own motion, modify or 
     terminate the relief referred to in subsection (b).
       ``(d) Section 1104(d) shall apply to the appointment of an 
     examiner under this chapter. Any examiner shall comply with 
     the qualification requirements imposed on a trustee by 
     section 322.

     ``Sec. 1523. Actions to avoid acts detrimental to creditors

       ``(a) Upon recognition of a foreign proceeding, the foreign 
     representative has standing in a case concerning the debtor 
     pending under another chapter of this title to initiate 
     actions under sections 522, 544, 545, 547, 548, 550, and 
     724(a).
       ``(b) In any case in which the foreign proceeding is a 
     foreign nonmain proceeding, the court must be satisfied that 
     an action under subsection (a) relates to assets that, under 
     United States law, should be administered in the foreign 
     nonmain proceeding.

     ``Sec. 1524. Intervention by a foreign representative

       ``Upon recognition of a foreign proceeding, the foreign 
     representative may intervene in any proceedings in a State or 
     Federal court in the United States in which the debtor is a 
     party.

     ``SUBCHAPTER IV--COOPERATION WITH FOREIGN COURTS AND FOREIGN 
                            REPRESENTATIVES

     ``Sec. 1525. Cooperation and direct communication between the 
       court and foreign courts or foreign representatives

       ``(a) Consistent with section 1501, the court shall 
     cooperate to the maximum extent possible with foreign courts 
     or foreign representatives, either directly or through the 
     trustee.
       ``(b) The court is entitled to communicate directly with, 
     or to request information or assistance directly from, 
     foreign courts or foreign representatives, subject to the 
     rights of parties in interest to notice and participation.

     ``Sec. 1526. Cooperation and direct communication between the 
       trustee and foreign courts or foreign representatives

       ``(a) Consistent with section 1501, the trustee or other 
     person, including an examiner, authorized by the court, 
     shall, subject to the supervision of the court, cooperate to 
     the maximum extent possible with foreign courts or foreign 
     representatives.
       ``(b) The trustee or other person, including an examiner, 
     authorized by the court is entitled, subject to the 
     supervision of the court, to communicate directly with 
     foreign courts or foreign representatives.

     ``Sec. 1527. Forms of cooperation

       ``Cooperation referred to in sections 1525 and 1526 may be 
     implemented by any appropriate means, including--
       ``(1) appointment of a person or body, including an 
     examiner, to act at the direction of the court;
       ``(2) communication of information by any means considered 
     appropriate by the court;
       ``(3) coordination of the administration and supervision of 
     the debtor's assets and affairs;
       ``(4) approval or implementation of agreements concerning 
     the coordination of proceedings; and
       ``(5) coordination of concurrent proceedings regarding the 
     same debtor.

                 ``SUBCHAPTER V--CONCURRENT PROCEEDINGS

     ``Sec. 1528. Commencement of a case under this title after 
       recognition of a foreign main proceeding

       ``After recognition of a foreign main proceeding, a case 
     under another chapter of this title may be commenced only if 
     the debtor has assets in the United States. The effects of 
     such case shall be restricted to the assets of the debtor 
     that are within the territorial jurisdiction of the United 
     States and, to the extent necessary to implement cooperation 
     and coordination under sections 1525, 1526, and 1527, to 
     other assets of the debtor that are within the jurisdiction 
     of the court under sections 541(a), and 1334(e) of title 28, 
     to the extent that such other assets are not subject to the 
     jurisdiction and control of a foreign proceeding that has 
     been recognized under this chapter.

     ``Sec. 1529. Coordination of a case under this title and a 
       foreign proceeding

       ``In any case in which a foreign proceeding and a case 
     under another chapter of this title are taking place 
     concurrently regarding the same debtor, the court shall seek 
     cooperation and coordination under sections 1525, 1526, and 
     1527, and the following shall apply:
       ``(1) If the case in the United States is taking place at 
     the time the petition for recognition of the foreign 
     proceeding is filed--
       ``(A) any relief granted under sections 1519 or 1521 must 
     be consistent with the relief granted in the case in the 
     United States; and
       ``(B) even if the foreign proceeding is recognized as a 
     foreign main proceeding, section 1520 does not apply.
       ``(2) If a case in the United States under this title 
     commences after recognition, or after the filing of the 
     petition for recognition, of the foreign proceeding--
       ``(A) any relief in effect under sections 1519 or 1521 
     shall be reviewed by the court and shall be modified or 
     terminated if inconsistent with the case in the United 
     States; and
       ``(B) if the foreign proceeding is a foreign main 
     proceeding, the stay and suspension referred to in section 
     1520(a) shall be modified or terminated if inconsistent with 
     the relief granted in the case in the United States.
       ``(3) In granting, extending, or modifying relief granted 
     to a representative of a foreign nonmain proceeding, the 
     court must be satisfied that the relief relates to assets 
     that, under the law of the United States, should be 
     administered in the foreign nonmain proceeding or concerns 
     information required in that proceeding.
       ``(4) In achieving cooperation and coordination under 
     sections 1528 and 1529, the court may grant any of the relief 
     authorized under section 305.

     ``Sec. 1530. Coordination of more than 1 foreign proceeding

       ``In matters referred to in section 1501, with respect to 
     more than 1 foreign proceeding regarding the debtor, the 
     court shall seek cooperation and coordination under sections 
     1525, 1526, and 1527, and the following shall apply:
       ``(1) Any relief granted under section 1519 or 1521 to a 
     representative of a foreign nonmain proceeding after 
     recognition of a foreign main proceeding must be consistent 
     with the foreign main proceeding.
       ``(2) If a foreign main proceeding is recognized after 
     recognition, or after the filing of a petition for 
     recognition, of a foreign nonmain proceeding, any relief in 
     effect under section 1519 or 1521 shall be reviewed by the 
     court and shall be modified or terminated if inconsistent 
     with the foreign main proceeding.
       ``(3) If, after recognition of a foreign nonmain 
     proceeding, another foreign nonmain proceeding is recognized, 
     the court shall grant, modify, or terminate relief for the 
     purpose of facilitating coordination of the proceedings.

     ``Sec. 1531. Presumption of insolvency based on recognition 
       of a foreign main proceeding

       ``In the absence of evidence to the contrary, recognition 
     of a foreign main proceeding is for the purpose of commencing 
     a proceeding under section 303, proof that the debtor is 
     generally not paying its debts as such debts become due.

[[Page S12035]]

     ``Sec. 1532. Rule of payment in concurrent proceedings

       ``Without prejudice to secured claims or rights in rem, a 
     creditor who has received payment with respect to its claim 
     in a foreign proceeding pursuant to a law relating to 
     insolvency may not receive a payment for the same claim in a 
     case under any other chapter of this title regarding the 
     debtor, so long as the payment to other creditors of the same 
     class is proportionately less than the payment the creditor 
     has already received.''.
       (b) Clerical Amendment.--The table of chapters for title 
     11, United States Code, is amended by inserting after the 
     item relating to chapter 13 the following:

``15. Ancillary and Other Cross-Border Cases................1501''.....

     SEC. 802. AMENDMENTS TO OTHER CHAPTERS IN TITLE 11, UNITED 
                   STATES CODE.

       (a) Applicability of Chapters.--Section 103 of title 11, 
     United States Code, is amended--
       (1) in subsection (a), by inserting before the period the 
     following: ``, and this chapter, sections 307, 304, 555 
     through 557, 559, and 560 apply in a case under chapter 15''; 
     and
       (2) by adding at the end the following:
       ``(j) Chapter 15 applies only in a case under such chapter, 
     except that--
       ``(1) sections 1513 and 1514 apply in all cases under this 
     title; and
       ``(2) section 1505 applies to trustees and to any other 
     entity (including an examiner) authorized by the court under 
     chapter 7, 11, or 12, to debtors in possession under chapter 
     11 or 12, and to debtors under chapter 9 who are authorized 
     to act under section 1505.''.
       (b) Definitions.--Paragraphs (23) and (24) of section 101 
     of title 11, United States Code, are amended to read as 
     follows:
       ``(23) `foreign proceeding' means a collective judicial or 
     administrative proceeding in a foreign country, including an 
     interim proceeding, pursuant to a law relating to insolvency 
     in which proceeding the assets and affairs of the debtor are 
     subject to control or supervision by a foreign court, for the 
     purpose of reorganization or liquidation;
       ``(24) `foreign representative' means a person or body, 
     including a person or body appointed on an interim basis, 
     authorized in a foreign proceeding to administer the 
     reorganization or the liquidation of the debtor's assets or 
     affairs or to act as a representative of the foreign 
     proceeding;''.
       (c) Amendments to Title 28, United States Code.--
       (1) Procedures.--Section 157(b)(2) of title 28, United 
     States Code, is amended--
       (A) in subparagraph (N), by striking ``and'' at the end;
       (B) in subparagraph (O), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(P) recognition of foreign proceedings and other matters 
     under chapter 15 of title 11.''.
       (2) Bankruptcy cases and proceedings.--Section 1334(c)(1) 
     of title 28, United States Code, is amended by striking 
     ``Nothing in'' and inserting ``Except with respect to a case 
     under chapter 15 of title 11, nothing in''.
       (3) Duties of trustees.--Section 586(a)(3) of title 28, 
     United States Code, is amended by inserting ``15,'' after 
     ``chapter''.

     SEC. 803. CLAIMS RELATING TO INSURANCE DEPOSITS IN CASES 
                   ANCILLARY TO FOREIGN PROCEEDINGS.

       Section 304 of title 11, United States Code, is amended to 
     read as follows:

     ``Sec. 304. Cases ancillary to foreign proceedings

       ``(a) For purposes of this section--
       ``(1) the term `domestic insurance company' means a 
     domestic insurance company, as such term is used in section 
     109(b)(2);
       ``(2) the term `foreign insurance company' means a foreign 
     insurance company, as such term is used in section 109(b)(3);
       ``(3) the term `United States claimant' means a beneficiary 
     of any deposit referred to in subsection (b) or any 
     multibeneficiary trust referred to in subsection (b);
       ``(4) the term `United States creditor' means, with respect 
     to a foreign insurance company--
       ``(i) a United States claimant; or
       ``(ii) any business entity that operates in the United 
     States and that is a creditor; and
       ``(5) the term `United States policyholder' means a holder 
     of an insurance policy issued in the United States.
       ``(b) The court may not grant relief under chapter 15 of 
     this title with respect to any deposit, escrow, trust fund, 
     or other security required or permitted under any applicable 
     State insurance law or regulation for the benefit of claim 
     holders in the United States.''.

                TITLE IX--FINANCIAL CONTRACT PROVISIONS

     SEC. 901. BANKRUPTCY CODE AMENDMENTS.

       (a) Definitions of Forward Contract, Repurchase Agreement, 
     Securities Clearing Agency, Swap Agreement, Commodity 
     Contract, and Securities Contract.--Title 11, United States 
     Code, is amended--
       (1) in section 101--
       (A) in paragraph (25)--
       (i) by striking ``means a contract'' and inserting 
     ``means--
       ``(A) a contract'';
       (ii) by striking ``, or any combination thereof or option 
     thereon;'' and inserting ``, or any other similar 
     agreement;''; and
       (iii) by adding at the end the following:
       ``(B) a combination of agreements or transactions referred 
     to in subparagraphs (A) and (C);
       ``(C) an option to enter into an agreement or transaction 
     referred to in subparagraph (A) or (B);
       ``(D) a master netting agreement that provides for an 
     agreement or transaction referred to in subparagraph (A), 
     (B), or (C), together with all supplements to such master 
     netting agreement, without regard to whether such master 
     netting agreement provides for an agreement or transaction 
     that is not a forward contract under this paragraph, except 
     that such master netting agreement shall be considered to be 
     a forward contract under this paragraph only with respect to 
     each agreement or transaction under such master netting 
     agreement that is referred to in subparagraph (A), (B) or 
     (C); or
       ``(E) a security agreement or arrangement, or other credit 
     enhancement, directly pertaining to a contract, option, 
     agreement, or transaction referred to in subparagraph (A), 
     (B), (C), or (D), but not to exceed the actual value of such 
     contract, option, agreement, or transaction on the date of 
     the filing of the petition;'';
       (B) by striking paragraph (47) and inserting the following:
       ``(47) `repurchase agreement' and `reverse repurchase 
     agreement'--
       ``(A) mean--
       ``(i) an agreement, including related terms, which provides 
     for the transfer of--

       ``(I) a certificate of deposit, mortgage related security 
     (as defined in section 3 of the Securities Exchange Act of 
     1934), mortgage loan, interest in a mortgage related security 
     or mortgage loan, eligible bankers' acceptance, or qualified 
     foreign government security (defined for purposes of this 
     paragraph to mean a security that is a direct obligation of, 
     or that is fully guaranteed by, the central government of a 
     member of the Organization for Economic Cooperation and 
     Development); or
       ``(II) a security that is a direct obligation of, or that 
     is fully guaranteed by, the United States or an agency of the 
     United States against the transfer of funds by the transferee 
     of such certificate of deposit, eligible bankers' acceptance, 
     security, loan, or interest;

     with a simultaneous agreement by such transferee to transfer 
     to the transferor thereof a certificate of deposit, eligible 
     bankers' acceptance, security, loan, or interest of the kind 
     described in subclause (I) or (II), at a date certain that is 
     not later than 1 year after the date of the transferor's 
     transfer or on demand, against the transfer of funds;
       ``(ii) a combination of agreements or transactions referred 
     to in clauses (i) and (iii);
       ``(iii) an option to enter into an agreement or transaction 
     referred to in clause (i) or (ii); or
       ``(iv) a master netting agreement that provides for an 
     agreement or transaction referred to in clause (i), (ii), or 
     (iii), together with all supplements to such master netting 
     agreement, without regard to whether such master netting 
     agreement provides for an agreement or transaction that is 
     not a repurchase agreement under this subparagraph, except 
     that such master netting agreement shall be considered to be 
     a repurchase agreement under this subparagraph only with 
     respect to each agreement or transaction under such master 
     netting agreement that is referred to in clause (i), (ii), or 
     (iii); or
       ``(v) a security agreement or arrangement, or other credit 
     enhancement, directly pertaining to a contract referred to in 
     clause (i), (ii), (iii), or (iv), but not to exceed the 
     actual value of such contract on the date of the filing of 
     the petition; and
       ``(B) do not include a repurchase obligation under a 
     participation in a commercial mortgage loan;'';
       (C) in paragraph (48) by inserting ``, or exempt from such 
     registration under such section pursuant to an order of the 
     Securities and Exchange Commission'' after ``1934''; and
       (D) by striking paragraph (53B) and inserting the 
     following:
       ``(53B) `swap agreement'--
       ``(A) means--
       ``(i) an agreement, including the terms and conditions 
     incorporated by reference in such agreement, that is--

       ``(I) an interest rate swap, option, future, or forward 
     agreement, including a rate floor, rate cap, rate collar, 
     cross-currency rate swap, and basis swap;
       ``(II) a spot, same day-tomorrow, tomorrow-next, forward, 
     or other foreign exchange or precious metals agreement;
       ``(III) a currency swap, option, future, or forward 
     agreement;

       ``(IV) an equity index or an equity swap, option, future, 
     or forward agreement;
       ``(V) a debt index or a debt swap, option, future, or 
     forward agreement;
       ``(VI) a credit spread or a credit swap, option, future, or 
     forward agreement; or
       ``(VII) a commodity index or a commodity swap, option, 
     future, or forward agreement;

       ``(ii) an agreement or transaction that is similar to an 
     agreement or transaction referred to in clause (i) that--

       ``(I) is currently, or in the future becomes, regularly 
     entered into in the swap market (including terms and 
     conditions incorporated by reference therein); and
       ``(II) is a forward, swap, future, or option on a rate, 
     currency, commodity, equity security, or other equity 
     instrument, on a debt security or other debt instrument, or 
     on an economic index or measure of economic risk or value;

       ``(iii) a combination of agreements or transactions 
     referred to in clauses (i) and (ii);
       ``(iv) an option to enter into an agreement or transaction 
     referred to in this subparagraph;

[[Page S12036]]

       ``(v) a master netting agreement that provides for an 
     agreement or transaction referred to in clause (i), (ii), 
     (iii), or (iv), together with all supplements to such master 
     netting agreement and without regard to whether such master 
     netting agreement contains an agreement or transaction 
     described in any such clause, but only with respect to each 
     agreement or transaction referred to in any such clause that 
     is under such master netting agreement; except that
       ``(B) the definition under subparagraph (A) is applicable 
     for purposes of this title only, and shall not be construed 
     or applied so as to challenge or affect the characterization, 
     definition, or treatment of any swap agreement under any 
     other statute, regulation, or rule, including the Securities 
     Act of 1933, the Securities Exchange Act of 1934, the Public 
     Utility Holding Company Act of 1935, the Trust Indenture Act 
     of 1939, the Investment Company Act of 1940, the Investment 
     Advisers Act of 1940, the Securities Investor Protection Act 
     of 1970, the Commodity Exchange Act, and the regulations 
     prescribed by the Securities and Exchange Commission or the 
     Commodity Futures Trading Commission.'';
       (2) in section 741, by striking paragraph (7) and inserting 
     the following:
       ``(7) `securities contract'--
       ``(A) means--
       ``(i) a contract for the purchase, sale, or loan of a 
     security, a mortgage loan or an interest in a mortgage loan, 
     a group or index of securities, or mortgage loans or 
     interests therein (including an interest therein or based on 
     the value thereof), or option on any of the foregoing, 
     including an option to purchase or sell any of the foregoing;
       ``(ii) an option entered into on a national securities 
     exchange relating to foreign currencies;
       ``(iii) the guarantee by or to a securities clearing agency 
     of a settlement of cash, securities, mortgage loans or 
     interests therein, group or index of securities, or mortgage 
     loans or interests therein (including any interest therein or 
     based on the value thereof), or option on any of the 
     foregoing, including an option to purchase or sell any of the 
     foregoing;
       ``(iv) a margin loan;
       ``(v) any other agreement or transaction that is similar to 
     an agreement or transaction referred to in this subparagraph;
       ``(vi) a combination of the agreements or transactions 
     referred to in this subparagraph;
       ``(vii) an option to enter into an agreement or transaction 
     referred to in this subparagraph;
       ``(viii) a master netting agreement that provides for an 
     agreement or transaction referred to in clause (i), (ii), 
     (iii), (iv), (v), (vi), or (vii), together with all 
     supplements to such master netting agreement, without regard 
     to whether such master netting agreement provides for an 
     agreement or transaction that is not a securities contract 
     under this subparagraph, except that such master netting 
     agreement shall be considered to be a securities contract 
     under this subparagraph only with respect to each agreement 
     or transaction under such master netting agreement that is 
     referred to in clause (i), (ii), (iii), (iv), (v), (vi), or 
     (vii); or
       ``(ix) a security agreement or arrangement, or other credit 
     enhancement, directly pertaining to a contract referred to in 
     this subparagraph, but not to exceed the actual value of such 
     contract on the date of the filing of the petition; and
       ``(B) does not include a purchase, sale, or repurchase 
     obligation under a participation in a commercial mortgage 
     loan;''; and
       (3) in section 761(4)--
       (A) by striking ``or'' at the end of subparagraph (D); and
       [(B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       [(C)] (B) by adding at the end the following:
       ``(F) any other agreement or transaction that is similar to 
     an agreement or transaction referred to in this paragraph;
       ``(G) a combination of the agreements or transactions 
     referred to in this paragraph;
       ``(H) an option to enter into an agreement or transaction 
     referred to in this paragraph;
       ``(I) a master netting agreement that provides for an 
     agreement or transaction referred to in subparagraph (A), 
     (B), (C), (D), (E), (F), (G), or (H), together with all 
     supplements to such master netting agreement, without regard 
     to whether such master netting agreement provides for an 
     agreement or transaction that is not a commodity contract 
     under this paragraph, except that such master netting 
     agreement shall be considered to be a commodity contract 
     under this paragraph only with respect to each agreement or 
     transaction under such master netting agreement that is 
     referred to in subparagraph (A), (B), (C), (D), (E), (F), 
     (G), or (H); or
       ``(J) a security agreement or arrangement, or other credit 
     enhancement, directly pertaining to a contract referred to in 
     this paragraph, but not to exceed the actual value of such 
     contract on the date of the filing of the petition.''.
       (b) Definitions of Financial Institution, Financial 
     Participant, and Forward Contract Merchant.--Section 101 of 
     title 11, United States Code, as amended by section 802(b) of 
     this Act, is amended--
       (1) by striking paragraph (22) and inserting the following:
       ``(22) `financial institution' means--
       ``(A)(i) a Federal reserve bank, or an entity that is a 
     commercial or savings bank, industrial savings bank, savings 
     and loan association, trust company, or receiver or 
     conservator for such entity; and
       ``(ii) if such Federal reserve bank, receiver, or 
     conservator or entity is acting as agent or custodian for a 
     customer in connection with a securities contract, as defined 
     in section 741, such customer; or
       ``(B) in connection with a securities contract, as defined 
     in section 741 of this title, an investment company 
     registered under the Investment Company Act of 1940;'';
       (2) by inserting after paragraph (22) the following:
       ``(22A) `financial participant' means an entity that is a 
     party to a securities contract, commodity contract or forward 
     contract, or on the date of the filing of the petition, has a 
     commodity contract (as defined in section 761) with the 
     debtor or any other entity (other than an affiliate) of a 
     total gross dollar value of not less than $1,000,000,000 in 
     notional or actual principal amount outstanding on any day 
     during the previous 15-month period, or has gross mark-to-
     market positions of not less than $100,000,000 (aggregated 
     across counterparties) in any such agreement or transaction 
     with the debtor or any other entity (other than an affiliate) 
     on any day during the previous 15-month period;''; and
       (3) by striking paragraph (26) and inserting the following:
       ``(26) `forward contract merchant' means a Federal reserve 
     bank, or an entity, the business of which consists in whole 
     or in part of entering into forward contracts as or with 
     merchants or in a commodity, as defined or in section 761, or 
     any similar good, article, service, right, or interest that 
     is presently or in the future becomes the subject of dealing 
     or in the forward contract trade;''.
       (c) Definition of Master Netting Agreement and Master 
     Netting Agreement Participant.--Section 101 of title 11, 
     United States Code, as amended by subsection (b) of this 
     section, is amended by inserting after paragraph (38) the 
     following new paragraphs:
       ``(38A) the term `master netting agreement'--
       ``(A) means an agreement providing for the exercise of 
     rights, including rights of netting, setoff, liquidation, 
     termination, acceleration, or closeout, under or in 
     connection with 1 or more contracts that are described in any 
     1 or more of paragraphs (1) through (5) of section 561(a), or 
     any security agreement or arrangement or other credit 
     enhancement related to 1 or more of the foregoing; except 
     that
       ``(B) if a master netting agreement contains provisions 
     relating to agreements or transactions that are not contracts 
     described in paragraphs (1) through (5) of section 561(a), 
     the master netting agreement shall be deemed to be a master 
     netting agreement only with respect to those agreements or 
     transactions that are described in any 1 or more of the 
     paragraphs (1) through (5) of section 561(a);
       ``(38B) the term `master netting agreement participant' 
     means an entity that, at any time before the filing of the 
     petition, is a party to an outstanding master netting 
     agreement with the debtor;''.
       (d) Swap Agreements, Securities Contracts, Commodity 
     Contracts, Forward Contracts, Repurchase Agreements, and 
     Master Netting Agreements Under the Automatic Stay.--
       (1) In general.--Section 362(b) of title 11, United States 
     Code, as amended by section 718 of this Act, is amended--
       (A) in paragraph (6), by inserting ``, pledged to, and 
     under the control of,'' after ``held by'';
       (B) in paragraph (7), by inserting ``, pledged to, and 
     under the control of,'' after ``held by'';
       (C) by striking paragraph (17) and inserting the following:
       ``(17) under subsection (a), of the setoff by a swap 
     participant of a mutual debt and claim under or in connection 
     with a swap agreement that constitutes the setoff of a claim 
     against the debtor for a payment or transfer due from the 
     debtor under or in connection with a swap agreement against a 
     payment due to the debtor from the swap participant under or 
     in connection with a swap agreement or against cash, 
     securities, or other property held by, pledged to, and under 
     the control of, or due from such swap participant to 
     guarantee, secure, or settle a swap agreement;'';
       (D) in paragraph (26), by striking ``or'' at the end;
       (E) in paragraph (27), by striking the period at the end 
     and inserting ``; or''; and
       (F) by inserting after paragraph (27) the following:
       ``(28) under subsection (a), of the setoff by a master 
     netting agreement participant of a mutual debt and claim 
     under or in connection with 1 or more master netting 
     agreements or any contract or agreement subject to such 
     agreements that constitutes the setoff of a claim against the 
     debtor for any payment or other transfer of property due from 
     the debtor under or in connection with such agreements or any 
     contract or agreement subject to such agreements against any 
     payment due to the debtor from such master netting agreement 
     participant under or in connection with such agreements or 
     any contract or agreement subject to such agreements or 
     against cash, securities, or other property held by, pledged 
     or and under the control of, or due from such master netting 
     agreement participant to margin, guarantee,

[[Page S12037]]

     secure, or settle such agreements or any contract or 
     agreement subject to such agreements, to the extent such 
     participant is eligible to exercise such offset rights under 
     paragraph (6), (7), or (17) for each individual contract 
     covered by the master netting agreement in issue.''.
       (2) Limitation.--Section 362 of title 11, United States 
     Code, as amended by section 432(2) of this Act, is amended by 
     adding at the end the following:
       ``(l) Limitation.--The exercise of rights not subject to 
     the stay arising under subsection (a) pursuant to paragraph 
     (6), (7), or (17) of subsection (b) shall not be stayed by an 
     order of a court or administrative agency in any proceeding 
     under this title.''.
       (e) Limitation of Avoidance Powers Under Master Netting 
     Agreement.--Section 546 of title 11, United States Code, is 
     amended--
       (1) in subsection (g) (as added by section 103 of Public 
     Law 101-311 (104 Stat. 267 et seq.))--
       (A) by striking ``under a swap agreement''; and
       (B) by striking ``in connection with a swap agreement'' and 
     inserting ``under or in connection with any swap agreement''; 
     and
       (2) by inserting before subsection (i) (as redesignated by 
     section 407 of this Act) the following new subsection:
       ``(h) Notwithstanding sections 544, 545, 547, 548(a)(2)(B), 
     and 548(b), the trustee may not avoid a transfer made by or 
     to a master netting agreement participant under or in 
     connection with any master netting agreement or any 
     individual contract covered thereby that is made before the 
     commencement of the case, and except to the extent that the 
     trustee could otherwise avoid such a transfer made under an 
     individual contract covered by such master netting agreement 
     (except under section 548(a)(1)(A)).''.
       (f) Fraudulent Transfers of Master Netting Agreements.--
     Section 548(d)(2) of title 11, United States Code, is 
     amended--
       (1) in subparagraph (C), by striking ``and'';
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) a master netting agreement participant that receives 
     a transfer in connection with a master netting agreement or 
     any individual contract covered thereby takes for value to 
     the extent of such transfer, except, with respect to a 
     transfer under any individual contract covered thereby, to 
     the extent that such master netting agreement participant 
     otherwise did not take (or is otherwise not deemed to have 
     taken) such transfer for value.''.
       (g) Termination or Acceleration of Securities Contracts.--
     Section 555 of title 11, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 555. Contractual right to liquidate, terminate, or 
       accelerate a securities contract'';

     and
       (2) in the first sentence, by striking ``liquidation'' and 
     inserting ``liquidation, termination, or acceleration''.
       (h) Termination or Acceleration of Commodities or Forward 
     Contracts.--Section 556 of title 11, United States Code, is 
     amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 556. Contractual right to liquidate, terminate, or 
       accelerate a commodities contract or forward contract'';

     and
       (2) in the first sentence, by striking ``liquidation'' and 
     inserting ``liquidation, termination, or acceleration''.
       (i) Termination or Acceleration of Repurchase Agreements.--
     Section 559 of title 11, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 559. Contractual right to liquidate, terminate, or 
       accelerate a repurchase agreement'';

     and
       (2) in the first sentence, by striking ``liquidation'' and 
     inserting ``liquidation, termination, or acceleration''.
       (j) Liquidation, Termination, or Acceleration of Swap 
     Agreements.--Section 560 of title 11, United States Code, is 
     amended--
       (1) by striking the section heading and inserting 
     following:

     ``Sec. 560. Contractual right to liquidate, terminate, or 
       accelerate a swap agreement'';

       (2) in the first sentence, by striking ``termination of a 
     swap agreement'' and inserting ``liquidation, termination, or 
     acceleration of a swap agreement''; and
       (3) by striking ``in connection with any swap agreement'' 
     and inserting ``in connection with the termination, 
     liquidation, or acceleration of a swap agreement''.
       (k) Liquidation, Termination, Acceleration, or Offset Under 
     a Master Netting Agreement and Across Contracts.--Title 11, 
     United States Code, is amended by inserting after section 560 
     the following [new section]:

     ``Sec. 561. Contractual right to terminate, liquidate, 
       accelerate, or offset under a master netting agreement and 
       across contracts

       ``(a) Subject to subsection (b), the exercise of any 
     contractual right, because of a condition of the kind 
     specified in section 365(e)(1), to cause the termination, 
     liquidation, or acceleration of or to offset or net 
     termination values, payment amounts or other transfer 
     obligations arising under or in connection with 1 or more (or 
     the termination, liquidation, or acceleration of 1 or more)--
       ``(1) securities contracts, as defined in section 741(7);
       ``(2) commodity contracts, as defined in section 761(4);
       ``(3) forward contracts;
       ``(4) repurchase agreements;
       ``(5) swap agreements; or
       ``(6) master netting agreements,
     shall not be stayed, avoided, or otherwise limited by 
     operation of any provision of this title or by any order of a 
     court or administrative agency in any proceeding under this 
     title.
       ``(b)(1) A party may exercise a contractual right described 
     in subsection (a) to terminate, liquidate, or accelerate only 
     to the extent that such party could exercise such a right 
     under section 555, 556, 559, or 560 for each individual 
     contract covered by the master netting agreement in issue.
       ``(2) If a debtor is a commodity broker subject to 
     subchapter IV of chapter 7 [of this title]--
       ``(A) a party may not net or offset an obligation to the 
     debtor arising under, or in connection with, a commodity 
     contract against any claim arising under, or in connection 
     with, other instruments, contracts, or agreements listed in 
     subsection (a), except to the extent that the party has [no] 
     positive net equity in the commodity accounts at the debtor, 
     as calculated under such subchapter IV; and
       ``(B) another commodity broker may not net or offset an 
     obligation to the debtor arising under, or in connection 
     with, a commodity contract entered into or held on behalf of 
     a customer of the debtor against any claim arising under, or 
     in connection with, other instruments, contracts, or 
     agreements referred to in subsection (a).
       ``(c) As used in this section, the term `contractual right' 
     includes a right set forth in a rule or bylaw of a national 
     securities exchange, a national securities association, or a 
     securities clearing agency, a right set forth in a bylaw of a 
     clearing organization or contract market or in a resolution 
     of the governing board thereof, and a right, whether or not 
     evidenced in writing, arising under common law, under law 
     merchant, or by reason of normal business practice.''.
       (l) Ancillary Proceedings.--Section 304 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(d) Any provisions of this title relating to securities 
     contracts, commodity contracts, forward contracts, repurchase 
     agreements, swap agreements, or master netting agreements 
     shall apply in a case ancillary to a foreign proceeding under 
     this section or any other section of this title, so that 
     enforcement of contractual provisions of such contracts and 
     agreements in accordance with their terms--
       ``(1) shall not be stayed or otherwise limited by--
       ``(A) operation of any provision of this title; or
       ``(B) order of a court in any case under this title;
       ``(2) shall limit avoidance powers to the same extent as in 
     a proceeding under chapter 7 or 11; and
       ``(3) shall not be limited based on the presence or absence 
     of assets of the debtor in the United States.''.
       (m) Commodity Broker Liquidations.--Title 11, United States 
     Code, is amended by inserting after section 766 the 
     following:

     ``Sec. 767. Commodity broker liquidation and forward contract 
       merchants, commodity brokers, stockbrokers, financial 
       institutions, securities clearing agencies, swap 
       participants, repo participants, and master netting 
       agreement participants

       ``Notwithstanding any other provision of this title, the 
     exercise of rights by a forward contract merchant, commodity 
     broker, stockbroker, financial institution, securities 
     clearing agency, swap participant, repo participant, or 
     master netting agreement participant under this title shall 
     not affect the priority of any unsecured claim it may have 
     after the exercise of such rights.''.
       (n) Stockbroker Liquidations.--Title 11, United States 
     Code, is amended by inserting after section 752 the 
     following:

     ``Sec. 753. Stockbroker liquidation and forward contract 
       merchants, commodity brokers, stockbrokers, financial 
       institutions, securities clearing agencies, swap 
       participants, repo participants, and master netting 
       agreement participants

       ``Notwithstanding any other provision of this title, the 
     exercise of rights by a forward contract merchant, commodity 
     broker, stockbroker, financial institution, securities 
     clearing agency, swap participant, repo participant, 
     financial participant, or master netting agreement 
     participant under this title shall not affect the priority of 
     any unsecured claim it may have after the exercise of such 
     rights.''.
       (o) Setoff.--Section 553 of title 11, United States Code, 
     is amended--
       (1) in subsection (a)(3)(C), by inserting ``(except for a 
     setoff of a kind described in section 362(b)(6), 362(b)(7), 
     362(b)(17), 362(b)[(19)] (28), 555, 556, 559, or 560)'' 
     before the period; and
       (2) in subsection (b)(1), by striking ``362(b)(14),'' and 
     inserting ``362(b)(17), [362(b)(19)] 362(b)(28), 555, 556, 
     559, 560,''.
       (p) Securities Contracts, Commodity Contracts, and Forward 
     Contracts.--Title 11, United States Code, is amended--

[[Page S12038]]

       (1) in section 362(b)(6), by striking ``financial 
     institutions,'' each place such term appears and inserting 
     ``financial institution, financial participant'';
       (2) in section 546(e), by inserting ``financial 
     participant'' after ``financial institution,'';
       (3) in section 548(d)(2)(B), by inserting ``financial 
     participant'' after ``financial institution,'';
       (4) in section 555--
       (A) by inserting ``financial participant'' after 
     ``financial institution,''; and
       (B) by inserting before the period ``, a right set forth in 
     a bylaw of a clearing organization or contract market or in a 
     resolution of the governing board thereof, and a right, 
     whether or not in writing, arising under common law, under 
     law merchant, or by reason of normal business practice''; and
       (5) in section 556, by inserting ``, financial 
     participant'' after ``commodity broker''.
       (q) Conforming Amendments.--Title 11 [of the United States 
     Code], United States Code, is amended--
       (1) in the table of sections for chapter 5--
       (A) by striking the items relating to sections 555 and 556 
     and inserting the following:

``555. Contractual right to liquidate, terminate, or accelerate a 
              securities contract.
``556. Contractual right to liquidate, terminate, or accelerate a 
              commodities contract or forward contract.'';
       (B) by striking the items relating to sections 559 and 560 
     and inserting the following:

``559. Contractual right to liquidate, terminate, or accelerate a 
              repurchase agreement.
``560. Contractual right to liquidate, terminate, or accelerate a swap 
              agreement.'';
     and
       (C) by adding after the item relating to section 560 the 
     following:

``561. Contractual right to terminate, liquidate, accelerate, or offset 
              under a master netting agreement and across contracts.'';
     and
       (2) in the table of sections for chapter 7--
       (A) by inserting after the item relating to section 766 the 
     following:

``767. Commodity broker liquidation and forward contract merchants, 
              commodity brokers, stockbrokers, financial institutions, 
              securities clearing agencies, swap participants, repo 
              participants, and master netting agreement 
              participants.'';
     and
       (B) by inserting after the item relating to section 752 the 
     following:

``753. Stockbroker liquidation and forward contract merchants, 
              commodity brokers, stockbrokers, financial institutions, 
              securities clearing agencies, swap participants, repo 
              participants, and master netting agreement 
              participants.''.

     SEC. 902. DAMAGE MEASURE.

       (a) In General.--Title 11, United States Code, is amended--
       (1) by inserting after section 561 the following:

     ``Sec. 562. Damage measure in connection with swap 
       agreements, securities contracts, forward contracts, 
       commodity contracts, repurchase agreements, or master 
       netting agreements

       ``If the trustee rejects a swap agreement, securities 
     contract (as defined in section 741), forward contract, 
     commodity contract (as defined in section 761) repurchase 
     agreement, or master netting agreement under section 365(a), 
     or if a forward contract merchant, stockbroker, financial 
     institution, securities clearing agency, repo participant, 
     financial participant, master netting agreement participant, 
     or swap participant liquidates, terminates, or accelerates 
     such contract or agreement, damages shall be measured as of 
     the earlier of--
       ``(1) the date of such rejection; or
       ``(2) the date of such liquidation, termination, or 
     acceleration.''; and
       (2) in the table of sections for chapter 5 by inserting 
     after the item relating to section 561 the following:

``562. Damage measure in connection with swap agreements, securities 
              contracts, forward contracts, commodity contracts, 
              repurchase agreements, or master netting agreements.''.
       (b) Claims Arising From Rejection.--Section 502(g) of title 
     11, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(g)''; and
       (2) by adding at the end the following:
       ``(2) A claim for damages calculated in accordance with 
     section 561 shall be allowed under subsection (a), (b), or 
     (c) of this section, or disallowed under subsection (d) or 
     (e) of this section, as if such claim had arisen before the 
     date of the filing of the petition.''.

     SEC. 903. ASSET-BACKED SECURITIZATIONS.

       Section 541 of title 11, United States Code, is amended--
       (1) in subsection (b), by striking ``or'' at the end of 
     paragraph (4);
       (2) by redesignating paragraph (5) of subsection (b) as 
     paragraph (6);
       (3) by inserting after paragraph (4) of subsection (b) the 
     following new paragraph:
       (4) by adding at the end the following [new subsection]:
       ``(5) any eligible asset (or proceeds thereof), to the 
     extent that such eligible asset was transferred by the 
     debtor, before the date of commencement of the case, to an 
     eligible entity in connection with an asset-backed 
     securitization, except to the extent that such asset (or 
     proceeds or value thereof) may be recovered by the trustee 
     under section 550 by virtue of avoidance under section 
     548(a); or''; and
       ``(e) For purposes of this section, the following 
     definitions shall apply:
       ``(1) The term `asset-backed securitization' means a 
     transaction in which eligible assets transferred to an 
     eligible entity are used as the source of payment on 
     securities, the most senior of which are rated investment 
     grade by 1 or more nationally recognized securities rating 
     organizations, issued by an issuer.
       ``(2) The term `eligible asset' means--
       ``(A) financial assets (including interests therein and 
     proceeds thereof), either fixed or revolving, including 
     residential and commercial mortgage loans, consumer 
     receivables, trade receivables, and lease receivables, that, 
     by their terms, convert into cash within a finite time 
     period, plus any rights or other assets designed to assure 
     the servicing or timely distribution of proceeds to security 
     holders;
       ``(B) cash; and
       ``(C) securities.
       ``(3) The term `eligible entity' means--
       ``(A) an issuer; or
       ``(B) a trust, corporation, partnership, or other entity 
     engaged exclusively in the business of acquiring and 
     transferring eligible assets directly or indirectly to an 
     issuer and taking actions ancillary thereto.
       ``(4) The term `issuer' means a trust, corporation, 
     partnership, or other entity engaged exclusively in the 
     business of acquiring and holding eligible assets, issuing 
     securities backed by eligible assets, and taking actions 
     ancillary thereto.
       ``(5) The term `transferred' means the debtor, under a 
     written agreement, represented and warranted that eligible 
     assets were sold, contributed, or otherwise conveyed with the 
     intention of removing them from the estate of the debtor 
     pursuant to subsection (b)(5), irrespective, without 
     limitation of--
       ``(A) whether the debtor directly or indirectly obtained or 
     held an interest in the issuer or in any securities issued by 
     the issuer;
       ``(B) whether the debtor had an obligation to repurchase or 
     to service or supervise the servicing of all or any portion 
     of such eligible assets; or
       ``(C) the characterization of such sale, contribution, or 
     other conveyance for tax, accounting, regulatory reporting, 
     or other purposes.''.

     SEC. 904. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--This title shall take effect on the 
     date of enactment of this Act.
       (b) Application of Amendments.--The amendments made by this 
     title shall apply with respect to cases commenced or 
     appointments made under any Federal or State law after the 
     date of enactment of this Act, but shall not apply with 
     respect to cases commenced or appointments made under any 
     Federal or State law before the date of enactment of this 
     Act.

                 TITLE X--PROTECTION OF FAMILY FARMERS

     SEC. 1001. REENACTMENT OF CHAPTER 12.

       (a) Reenactment.--
       (1) In general.--Chapter 12 of title 11, United States 
     Code, as reenacted by section 149 of division C of the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (Public Law 105-277), and amended by 
     this Act, is reenacted.
       (2) Effective date.--Subsection (a) shall take effect on 
     [April 1, 1999] October 1, 1999.
       (b) Conforming Amendment.--Section 302 of the Bankruptcy, 
     Judges, United States Trustees, and Family Farmer Bankruptcy 
     Act of 1986 (28 U.S.C. 581 note) is amended by striking 
     subsection (f).

     SEC. 1002. DEBT LIMIT INCREASE.

       Section 104(b) of title 11, United States Code, is amended 
     by adding at the end the following:
       ``(4) The dollar amount in section 101(18) shall be 
     adjusted at the same times and in the same manner as the 
     dollar amounts in paragraph (1) of this subsection, beginning 
     with the adjustment to be made on April 1, 2001.''.

     SEC. 1003. ELIMINATION OF REQUIREMENT THAT FAMILY FARMER AND 
                   SPOUSE RECEIVE OVER 50 PERCENT OF INCOME FROM 
                   FARMING OPERATION IN YEAR PRIOR TO BANKRUPTCY.

       Section 101(18)(A) of title 11, United States Code, is 
     amended by striking ``the taxable year preceding the taxable 
     year'' and inserting ``at least 1 of the 3 calendar years 
     preceding the year''.

       SEC. 1004. CERTAIN CLAIMS OWED TO GOVERNMENTAL UNITS.

       (a) Contents of Plan.--Section 1222(a)(2) of title 11, 
     United States Code, is amended to read as follows:
       ``(2) provide for the full payment, in deferred cash 
     payments, of all claims entitled to priority under section 
     507, unless--
       ``(A) the claim is a claim owed to a governmental unit that 
     arises as a result of the sale, transfer, exchange, or other 
     disposition of any farm asset used in the debtor's farming 
     operation, in which case the claim shall be treated as an 
     unsecured claim that is not entitled to priority under 
     section 507, but the debt shall be treated in such manner 
     only if the debtor receives a discharge; or

[[Page S12039]]

       ``(B) the holder of a particular claim agrees to a 
     different treatment of that claim; and''.
       (b) Special Notice Provisions.--Section 1231(d) of title 
     11, United States Code, is amended by striking ``a State or 
     local governmental unit'' and inserting ``any governmental 
     unit''.

              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 1004(a) of this 
     Act, is amended--
       (1) by redesignating paragraph (27A) as paragraph (27C); 
     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) health maintenance organization;
       ``(V) home health agency; and
       ``(VI) other health care institution that is similar to an 
     entity referred to in subclause (I), (II), (III), (IV), or 
     (V); 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) Health Maintenance Organization Defined.--Section 101 
     of title 11, United States Code, as amended by subsection 
     (a), is amended by inserting after paragraph (27A) the 
     following:
       ``(27B) `health maintenance organization' means any person 
     that undertakes to provide or arrange for basic health care 
     services through an organized system that--
       ``(A)(i) combines the delivery and financing of health care 
     to enrollees; and
       ``(ii)(I) provides--
       ``(aa) physician services directly through physicians or 1 
     or more groups of physicians; and
       ``(bb) basic health care services directly or under a 
     contractual arrangement; and
       ``(II) if reasonable and appropriate, provides physician 
     services and basic health care services through arrangements 
     other than the arrangements referred to in clause (i); and
       ``(B) includes any organization described in subparagraph 
     (A) that provides, or arranges for, health care services on a 
     prepayment or other financial basis;''.
       (c) Patient.--Section 101 of title 11, United States Code, 
     as amended by subsection (b), is amended by inserting after 
     paragraph (40) the following:
       ``(40A) `patient' means any person who obtains or receives 
     services from a health care business;''.
       (d) Patient Records.--Section 101 of title 11, United 
     States Code, as amended by subsection (c), 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;''.

     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 mail, by certified mail, a written 
     request to each appropriate Federal or State agency to 
     request permission from that agency to deposit the patient 
     records with that agency.
       ``(2) If no appropriate Federal or State agency agrees to 
     permit the deposit of patient records referred to in 
     paragraph (1) by the date that is 60 days after the trustee 
     mails a written request under that paragraph, the trustee 
     shall--
       ``(A) publish notice, in 1 or more appropriate newspapers, 
     that if those patient records are 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 60 
     days after the date of that notification, the trustee will 
     destroy the patient records; and
       ``(B) during the 60-day period described in subparagraph 
     (A), the trustee shall 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.
       ``(3) If, after providing the notification under paragraph 
     (2), patient records are not claimed during the 60-day period 
     described in paragraph (2)(A) or in any case in which a 
     notice is mailed under paragraph (2)(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, 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 to represent the interests of the 
     patients of the health care business.
       ``(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 ``and 704(9)'' and 
     inserting ``704(9), and 704(10)''.

                  TITLE [XII] XI--TECHNICAL AMENDMENTS

     SEC. [1201.] 1101. DEFINITIONS.

       Section 101 of title 11, United States Code, as amended by 
     section [1101] 1003 of this Act, is amended--
       (1) by striking ``In this title--'' and inserting ``In this 
     title:'';

[[Page S12040]]

       (2) in each paragraph, by inserting ``The term'' after the 
     paragraph designation;
       (3) in paragraph (35)(B), by striking ``paragraphs (21B) 
     and (33)(A)'' and inserting ``paragraphs (23) and (35)'';
       (4) in each of paragraphs (35A) and (38), by striking ``; 
     and'' at the end and inserting a period;
       (5) in paragraph (51B)--
       (A) by inserting ``who is not a family farmer'' after 
     ``debtor'' the first place it appears; and
       (B) by striking ``thereto having aggregate'' and all that 
     follows through the end of the paragraph;
       (6) by striking paragraph (54) and inserting the following:
       ``(54) The term `transfer' means--
       ``(A) the creation of a lien;
       ``(B) the retention of title as a security interest;
       ``(C) the foreclosure of a debtor's equity of redemption; 
     or
       ``(D) each mode, direct or indirect, absolute or 
     conditional, voluntary or involuntary, of disposing of or 
     parting with--
       ``(i) property; or
       ``(ii) an interest in property;'';
       (7) in each of paragraphs (1) through (35), in each of 
     paragraphs (36) and (37), and in each of paragraphs (40) 
     through (55) (including paragraph (54), as amended by 
     paragraph (6) of this section), by striking the semicolon at 
     the end and inserting a period; and
       (8) by redesignating paragraphs (4) through (55), including 
     paragraph (54), as amended by paragraph (6) of this section, 
     in entirely numerical sequence.

     SEC. [1202.] 1102. ADJUSTMENT OF DOLLAR AMOUNTS.

       Section 104 of title 11, United States Code, is amended by 
     inserting ``522(f)(3), [707(b)(5),]'' after ``522(d),'' each 
     place it appears.

     SEC. [1203.] 1103. EXTENSION OF TIME.

       Section 108(c)(2) of title 11, United States Code, is 
     amended by striking ``922'' and all that follows through 
     ``or'', and inserting ``922, 1201, or''.

     SEC. [1204.] 1104. TECHNICAL AMENDMENTS.

       Title 11, [of the] United States Code, is amended--
       (1) in section 109(b)(2), by striking ``subsection (c) or 
     (d) of''; and
       [(2) in section 541(b)(4), by adding ``or'' at the end; 
     and]
       [(3)] (2) in section 552(b)(1), by striking ``product'' 
     each place it appears and inserting ``products''.

     SEC. [1205.] 1105. PENALTY FOR PERSONS WHO NEGLIGENTLY OR 
                   FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS.

       Section 110(j)(3) of title 11, United States Code, is 
     amended by striking ``attorney's'' and inserting ``attorneys' 
     ''.

     SEC. [1206.] 1106. LIMITATION ON COMPENSATION OF PROFESSIONAL 
                   PERSONS.

       Section 328(a) of title 11, United States Code, is amended 
     by inserting ``on a fixed or percentage fee basis,'' after 
     ``hourly basis,''.

     SEC. [1207.] 1107. SPECIAL TAX PROVISIONS.

       Section 346(g)(1)(C) of title 11, United States Code, is 
     amended by striking ``, except'' and all that follows through 
     ``1986''.

     SEC. [1208.] 1108. EFFECT OF CONVERSION.

       Section 348(f)(2) of title 11, United States Code, is 
     amended by inserting ``of the estate'' after ``property'' the 
     first place it appears.

     SEC. [1209.] 1109. ALLOWANCE OF ADMINISTRATIVE EXPENSES.

       Section 503(b)(4) of title 11, United States Code, is 
     amended by inserting ``subparagraph (A), (B), (C), (D), or 
     (E) of'' before ``paragraph (3)''.

     SEC. 1210. PRIORITIES.

       Section 507(a) of title 11, United States Code, as amended 
     by sections 211 and 229 of this Act, is amended--
       (1) in paragraph (4)(B), by striking the semicolon at the 
     end and inserting a period; and
       (2) in paragraph (8), by inserting ``unsecured'' after 
     ``allowed''.

     SEC. 1211. EXEMPTIONS.

       Section 522(g)(2) of title 11, United States Code, as 
     amended by section 311 of this Act, is amended by striking 
     ``subsection (f)(2)'' and inserting ``subsection (f)(1)(B)''.

     SEC. [1212.] 1110. EXCEPTIONS TO DISCHARGE.

       Section 523 of title 11, United States Code, as amended by 
     section [229] 714 of this Act, is amended--
       (1) as amended by section 304(e) of Public Law 103-394 (108 
     Stat. 4133), in paragraph (15), by transferring such 
     paragraph so as to insert [it] such paragraph after paragraph 
     (14) of subsection (a);
       (2) in subsection (a)--
       (A) in paragraph (3), by striking ``or (6)'' each place it 
     appears and inserting ``(6), or (15)'';
       (B) in paragraph (9), by striking ``motor vehicle or 
     vessel'' and inserting ``motor vehicle, vessel, or 
     aircraft''; and
       (C) in paragraph (15), as so redesignated by paragraph (1) 
     of this subsection, by inserting ``to a spouse, former 
     spouse, or child of the debtor and'' after ``(15)''; and
       (2) in subsection (a)(9), by striking ``motor vehicle or 
     vessel'' and inserting ``motor vehicle, vessel, or 
     aircraft''; and
       (3) in subsection (e), by striking ``a insured'' and 
     inserting ``an insured''.

     SEC. [1213.] 1111. EFFECT OF DISCHARGE.

       Section 524(a)(3) of title 11, United States Code, is 
     amended by striking ``section 523'' and all that follows 
     through ``or that'' and inserting ``section 523, 1228(a)(1), 
     or 1328(a)(1), or that''.

     SEC. [1214.] 1112. PROTECTION AGAINST DISCRIMINATORY 
                   TREATMENT.

       Section 525(c) of title 11, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``student'' before 
     ``grant'' the second place it appears; and
       (2) in paragraph (2), by striking ``the program operated 
     under part B, D, or E of'' and inserting ``any program 
     operated under''.

     SEC. [1215.] 1113. PROPERTY OF THE ESTATE.

       Section 541(b)(4)(B)(ii) of title 11, United States Code, 
     is amended by inserting ``365 or'' before ``542''.

     SEC. [1216.] 1114. PREFERENCES.

       (a) In General.--Section 547 of title 11, United States 
     Code, as amended by section 201(b) of this Act, is amended--
       (1) in subsection (b), by striking ``subsection (c)'' and 
     inserting ``subsections (c) and (i)''; and
       (2) by adding at the end the following:
       ``(i) If the trustee avoids under subsection (b) a security 
     interest given between 90 days and 1 year before the date of 
     the filing of the petition, by the debtor to an entity that 
     is not an insider for the benefit of a creditor that is an 
     insider, such security interest shall be considered to be 
     avoided under this section only with respect to the creditor 
     that is an insider.''.
       (b) Applicability.--The amendments made by this section 
     shall apply to any case that pending or commenced on or after 
     the date of enactment of this Act.

     SEC. [1217.] 1115. POSTPETITION TRANSACTIONS.

       Section 549(c) of title 11, United States Code, is 
     amended--
       (1) by inserting ``an interest in'' after ``transfer of'';
       (2) by striking ``such property'' and inserting ``such real 
     property''; and
       (3) by striking ``the interest'' and inserting ``such 
     interest''.

     SEC. [1218.] 1116. DISPOSITION OF PROPERTY OF THE ESTATE.

       Section 726(b) of title 11, United States Code, is amended 
     by striking ``1009,''.

     SEC. [1219.] 1117. GENERAL PROVISIONS.

       Section 901(a) of title 11, United States Code, as amended 
     by section [901(k)] 502 of this Act, is amended by inserting 
     ``1123(d),'' after ``1123(b),''.

     SEC. [1220.] 1118. ABANDONMENT OF RAILROAD LINE.

       Section 1170(e)(1) of title 11, United States Code, is 
     amended by striking ``section 11347'' and inserting ``section 
     11326(a)''.

     SEC. [1221.] 1119. CONTENTS OF PLAN.

       Section 1172(c)(1) of title 11, United States Code, is 
     amended by striking ``section 11347'' and inserting ``section 
     11326(a)''.

     SEC. [1222.] 1120. DISCHARGE UNDER CHAPTER 12.

       Subsections (a) and (c) of section 1228 of title 11, United 
     States Code, are amended by striking ``1222(b)(10)'' each 
     place it appears and inserting ``1222(b)(9)''.

     SEC. [1223.] 1121. BANKRUPTCY CASES AND PROCEEDINGS.

       Section 1334(d) of title 28, United States Code, is 
     amended--
       (1) by striking ``made under this subsection'' and 
     inserting ``made under subsection (c)''; and
       (2) by striking ``This subsection'' and inserting 
     ``Subsection (c) and this subsection''.

     SEC. [1224.] 1122. KNOWING DISREGARD OF BANKRUPTCY LAW OR 
                   RULE.

       Section 156(a) of title 18, United States Code, is 
     amended--
       (1) in the first undesignated paragraph--
       (A) by inserting ``(1) the term'' before `` `bankruptcy''; 
     and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (2) in the second undesignated paragraph--
       (A) by inserting ``(2) the term'' before `` `document''; 
     and
       (B) by striking ``this title'' and inserting ``title 11''.

     SEC. [1225.] 1123. TRANSFERS MADE BY NONPROFIT CHARITABLE 
                   CORPORATIONS.

       (a) Sale of Property of Estate.--Section 363(d) of title 
     11, United States Code, is amended by striking ``only'' and 
     all that follows through the end of the subsection and 
     inserting ``only--
       ``(1) in accordance with applicable nonbankruptcy law that 
     governs the transfer of property by a corporation or trust 
     that is not a moneyed, business, or commercial corporation or 
     trust; and
       ``(2) to the extent not inconsistent with any relief 
     granted under subsection (c), (d), (e), or (f) of section 
     362.''.
       (b) Confirmation of Plan for Reorganization.--Section 
     1129(a) of title 11, United States Code, as amended by 
     section 212 of this Act, is amended by adding at the end the 
     following:
       ``(15) All transfers of property of the plan shall be made 
     in accordance with any applicable provisions of nonbankruptcy 
     law that govern the transfer of property by a corporation or 
     trust that is not a moneyed, business, or commercial 
     corporation or trust.''.
       (c) Transfer of Property.--Section 541 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(f) Notwithstanding any other provision of this title, 
     property that is held by a debtor that is a corporation 
     described in section 501(c)(3) of the Internal Revenue Code 
     of 1986 and exempt from tax under section 501(a) of such Code 
     may be transferred to an entity that is not such a 
     corporation, but only under the same conditions as would 
     apply if

[[Page S12041]]

     the debtor had not filed a case under this title.''.
       (d) Applicability.--The amendments made by this section 
     shall apply to a case pending under title 11, United States 
     Code, on the date of enactment of this Act, except that the 
     court shall not confirm a plan under chapter 11 of this title 
     without considering whether this section would substantially 
     affect the rights of a party in interest who first acquired 
     rights with respect to the debtor after the date of the 
     petition. The parties who may appear and be heard in a 
     proceeding under this section include the attorney general of 
     the State in which the debtor is incorporated, was formed, or 
     does business.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to require the court in which a case under chapter 
     11 is pending to remand or refer any proceeding, issue, or 
     controversy to any other court or to require the approval of 
     any other court for the transfer of property.

     SEC. [1226.] 1124. PROTECTION OF VALID PURCHASE MONEY 
                   SECURITY INTERESTS.

       Section 547(c)(3)(B) of title 11, United States Code, is 
     amended by striking ``20'' and inserting ``30''.

     SEC. [1227.] 1125. EXTENSIONS.

       Section 302(d)(3) of the Bankruptcy, Judges, United States 
     Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 
     581 note) is amended--
       (1) in subparagraph (A), in the matter following clause 
     (ii), by striking ``or October 1, 2002, whichever occurs 
     first''; and
       (2) in subparagraph (F)--
       (A) in clause (i)--
       (i) in subclause (II), by striking ``or October 1, 2002, 
     whichever occurs first''; and
       (ii) in the matter following subclause (II), by striking 
     ``October 1, 2003, or''; and
       (B) in clause (ii), in the matter following subclause 
     (II)--
       (i) by striking ``before October 1, 2003, or''; and
       (ii) by striking ``, whichever occurs first''.

     SEC. [1228.] 1126. BANKRUPTCY JUDGESHIPS.

       (a) Short Title.--This section may be cited as the 
     ``Bankruptcy Judgeship Act of 1999''.
       (b) Temporary Judgeships.--
       (1) Appointments.--The following judgeship positions shall 
     be filled in the manner prescribed in section 152(a)(1) of 
     title 28, United States Code, for the appointment of 
     bankruptcy judges provided for in section 152(a)(2) of such 
     title:
       (A) One additional bankruptcy judgeship for the eastern 
     district of California.
       (B) Four additional bankruptcy judgeships for the central 
     district of California.
       (C) One additional bankruptcy judgeship for the southern 
     district of Florida.
       (D) Two additional bankruptcy judgeships for the district 
     of Maryland.
       (E) One additional bankruptcy judgeship for the eastern 
     district of Michigan.
       (F) One additional bankruptcy judgeship for the southern 
     district of Mississippi.
       (G) One additional bankruptcy judgeship for the district of 
     New Jersey.
       (H) One additional bankruptcy judgeship for the eastern 
     district of New York.
       (I) One additional bankruptcy judgeship for the northern 
     district of New York.
       (J) One additional bankruptcy judgeship for the southern 
     district of New York.
       (K) One additional bankruptcy judgeship for the eastern 
     district of Pennsylvania.
       (L) One additional bankruptcy judgeship for the middle 
     district of Pennsylvania.
       (M) One additional bankruptcy judgeship for the western 
     district of Tennessee.
       (N) One additional bankruptcy judgeship for the eastern 
     district of Virginia.
       (2) Vacancies.--The first vacancy occurring in the office 
     of a bankruptcy judge in each of the judicial districts set 
     forth in paragraph (1) that--
       (A) results from the death, retirement, resignation, or 
     removal of a bankruptcy judge; and
       (B) occurs 5 years or more after the appointment date of a 
     bankruptcy judge appointed under paragraph (1);

     shall not be filled.
       (c) Extensions.--
       (1) In general.--The temporary bankruptcy judgeship 
     positions authorized for the northern district of Alabama, 
     the district of Delaware, the district of Puerto Rico, the 
     district of South Carolina, and the eastern district of 
     Tennessee under section 3(a) (1), (3), (7), (8), and (9) of 
     the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are 
     extended until the first vacancy occurring in the office of a 
     bankruptcy judge in the applicable district resulting from 
     the death, retirement, resignation, or removal of a 
     bankruptcy judge and occurring--
       (A) 8 years or more after November 8, 1993, with respect to 
     the northern district of Alabama;
       (B) 10 years or more after October 28, 1993, with respect 
     to the district of Delaware;
       (C) 8 years or more after August 29, 1994, with respect to 
     the district of Puerto Rico;
       (D) 8 years or more after June 27, 1994, with respect to 
     the district of South Carolina; and
       (E) 8 years or more after November 23, 1993, with respect 
     to the eastern district of Tennessee.
       (2) Applicability of other provisions.--All other 
     provisions of section 3 of the Bankruptcy Judgeship Act of 
     1992 remain applicable to such temporary judgeship positions.
       (d) Technical Amendment.--The first sentence of section 
     152(a)(1) of title 28, United States Code, is amended to read 
     as follows: ``Each bankruptcy judge to be appointed for a 
     judicial district as provided in paragraph (2) shall be 
     appointed by the United States court of appeals for the 
     circuit in which such district is located.''.
       (e) Travel Expenses of Bankruptcy Judges.--Section 156 of 
     title 28, United States Code, is amended by adding at the end 
     the following:
       ``(g)(1) In this subsection, the term `travel expenses'--
       ``(A) means the expenses incurred by a bankruptcy judge for 
     travel that is not directly related to any case assigned to 
     such bankruptcy judge; and
       ``(B) shall not include the travel expenses of a bankruptcy 
     judge if--
       ``(i) the payment for the travel expenses is paid by such 
     bankruptcy judge from the personal funds of such bankruptcy 
     judge; and
       ``(ii) such bankruptcy judge does not receive funds 
     (including reimbursement) from the United States or any other 
     person or entity for the payment of such travel expenses.
       ``(2) Each bankruptcy judge shall annually submit the 
     information required under paragraph (3) to the chief 
     bankruptcy judge for the district in which the bankruptcy 
     judge is assigned.
       ``(3)(A) Each chief bankruptcy judge shall submit an annual 
     report to the Director of the Administrative Office of the 
     United States Courts on the travel expenses of each 
     bankruptcy judge assigned to the applicable district 
     (including the travel expenses of the chief bankruptcy judge 
     of such district).
       ``(B) The annual report under this paragraph shall 
     include--
       ``(i) the travel expenses of each bankruptcy judge, with 
     the name of the bankruptcy judge to whom the travel expenses 
     apply;
       ``(ii) a description of the subject matter and purpose of 
     the travel relating to each travel expense identified under 
     clause (i), with the name of the bankruptcy judge to whom the 
     travel applies; and
       ``(iii) the number of days of each travel described under 
     clause (ii), with the name of the bankruptcy judge to whom 
     the travel applies.
       ``(4)(A) The Director of the Administrative Office of the 
     United States Courts shall--
       ``(i) consolidate the reports submitted under paragraph (3) 
     into a single report; and
       ``(ii) annually submit such consolidated report to 
     Congress.
       ``(B) The consolidated report submitted under this 
     paragraph shall include the specific information required 
     under paragraph (3)(B), including the name of each bankruptcy 
     judge with respect to clauses (i), (ii), and (iii) of 
     paragraph (3)(B).''.

  TITLE [XIII] XII--GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS

     SEC. [1301.] 1201. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--Except as provided otherwise in this 
     Act, this Act and the amendments made by this Act shall take 
     effect 180 days after the date of enactment of this Act.
       (b) Application of Amendments.--The amendments made by this 
     Act shall not apply with respect to cases commenced under 
     title 11, United States Code, before the effective date of 
     this Act.
                                 ______
                                 

                        WYDEN AMENDMENT NO. 2255

  (Ordered to lie on the table.)
  Mr. WYDEN submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

  On page 106, line 25, strike ``Commercial Aviation'' and insert 
``Additional Compensation''.
  On page 107, line 1, beginning with ``If'' strike all through 
``additional'' on line 2, and insert ``Additional''.
  On page 107, line 21, strike ``caused during commercial aviation 
occurring after July 16, 1996'' and insert ``occurring after November 
23, 1995''.
                                 ______
                                 

                BURNS (AND ASHCROFT) AMENDMENT NO. 2256

  Mr. McCAIN (for Mr. Burns (for himself and Mr. Ashcroft)) proposed an 
amendment to the bill S. 82, supra; as follows:

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``Improved Consumer Access 
     to Travel Information Act''.

     SEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION 
                   AND CHOICE IN THE AIRLINE INDUSTRY.

       (b) Establishment.--There is established a commission to be 
     known as the ``National Commission to Ensure Consumer 
     Information and Choice in the Airline Industry'' (in this 
     section referred to as the ``Commission'').
       (c) Duties.--
       (1) Study.--The Commission shall undertake a study of--
       (A) consumer access to information about the products and 
     services of the airline industry;
       (B) the effect on the marketplace on the emergency of new 
     means of distributing such products and services;
       (C) the effect on consumers of the declining financial 
     condition of travel agents in the United States; and

[[Page S12042]]

       (D) the impediments imposed by the airline industry on 
     distributors of the industry's products and services, 
     including travel agents and Internet-based distributors.
       (2) Policy recommendations.--Based on the results of the 
     study described in paragraph (1), the Commission shall 
     recommend to the President and Congress policies necessary 
     to--
       (A) ensure full consumer access to complete information 
     concerning airline fares, routes, and other services;
       (B) ensure that the means of distributing the products and 
     services of the airline industry, and of disseminating 
     information about such products and services, is adequate to 
     ensure that competitive information is available in the 
     marketplace;
       (C) ensure that distributors of the products and services 
     of the airline industry have adequate relief from illegal, 
     anticompetitive practices that occur in the marketplace; and
       (D) foster healthy competition in the airline industry and 
     the entry of new entrants.
       (d) Specific Matters To Be Addressed.--In carrying out the 
     study authorized under subsection (c)(1), the Commission 
     shall specifically address the following:
       (1) Consumer access to information.--With respect to 
     consumer access to information regarding the services and 
     products offered by the airline industry, the following:
       (A) The state of such access.
       (B) The effect in the 5-year period following the date of 
     the study of the making of alliances in the airline industry.
       (C) Whether and to what degree the trends regarding such 
     access will produce benefits to consumers.
       (2) Means of distribution.--With respect to the means of 
     distributing the products and services of the airline 
     industry, the following:
       (A) The state of such means of distribution.
       (B) The roles played by travel agencies and Internet-based 
     providers of travel information and services in distributing 
     such products and services.
       (C) Whether the policies of the United States promote the 
     access of consumers to multiple means of distribution.
       (3) Airline reservation systems.--With respect to airline 
     reservation systems, the following:
       (A) The rules, regulations, policies, and practices of the 
     industry governing such systems.
       (B) How trends in such systems will affect consumers, 
     including--
       (i) the effect on consumer access to flight reservation 
     information; and
       (ii) the effect on consumers of the use by the airline 
     industry of penalties and promotions to convince distributors 
     to use such systems, and the degree of consumer awareness of 
     such penalties and promotions.
       (4) Legal impediments to distributors seeking relief for 
     anticompetitive actions.--The policies of the United States 
     with respect to the legal impediments to distributors seeking 
     relief for anticompetitive actions, including--
       (A) Federal preemption of civil actions against airlines; 
     and
       (B) the role of the Department of Transportation in 
     enforcing rules against anticompetitive practices.
       (e) Membership.--
       (1) Appointment.--The Commission shall be composed of 15 
     voting members and 11 nonvoting members as follows:
       (A) 5 voting members and 1 nonvoting member appointed by 
     the President.
       (B) 3 voting members and 3 nonvoting members appointed by 
     the Speaker of the House of Representatives.
       (C) 2 voting members and 2 nonvoting members appointed by 
     the minority leader of the House of Representatives.
       (D) 3 voting members and 3 nonvoting members appointed by 
     the majority leader of the Senate.
       (E) 2 voting members and 2 nonvoting members appointed by 
     the minority leader of the Senate.
       (2) Qualifications.--Voting members appointed under 
     paragraph (1) shall be appointed from among individuals who 
     are experts in economics, service product distribution, or 
     transportation, or any related discipline, and who can 
     represent consumers, passengers, shippers, travel agents, 
     airlines, or general aviation.
       (3) Terms.--Members shall be appointed for the life of the 
     Commission.
       (4) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (5) Travel expenses.--Members shall serve without pay but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (6) Chairperson.--The President, in consultation with the 
     Speaker of the House of Representatives and the majority 
     leader of the Senate, shall designate the Chairperson of the 
     Commission (referred to in this Act as the ``Chairperson'') 
     from among its voting members.
       (f) Commission Panels.--The Chairperson shall establish 
     such panels consisting of voting members of the Commission as 
     the Chairperson determines appropriate to carry out the 
     functions of the Commission.
       (g) Staff.--The Commission may appoint and fix the pay of 
     such personnel as it considers appropriate.
       (h) Staff of Federal Agencies.--Upon request of the 
     Commission, the head of any department or agency of the 
     United States may detail, on a reimbursable basis, any of the 
     personnel of that department or agency to the Commission to 
     assist it in carrying out its duties under this section.
       (i) Other Staff and Support.--Upon the request of the 
     Commission, or a panel of the Commission, the Secretary of 
     Transportation shall provide the Commission or panel with 
     professional and administrative staff and other support, on a 
     reimbursable basis, to assist the Commission or panel in 
     carrying out its responsibilities.
       (j) Obtaining Official Data.--The Commission may secure 
     directly from any department or agency of the United States 
     information (other than information required by any statute 
     of the United States to be kept confidential by such 
     department or agency) necessary for the Commission to carry 
     out its duties under this section. Upon request of the 
     Commission, the head of that department or agency shall 
     furnish such nonconfidential information to the Commission.
       (k) Report.--Not later than 6 months after the date on 
     which initial appointments of members to the Commission are 
     completed, the Commission shall transmit to the President and 
     Congress a report on the activities of the Commission, 
     including recommendations made by the Commission under 
     subsection (c)(2).
       (l) Termination.--The Commission shall terminate on the 
     30th day following the date of transmittal of the report 
     under subsection (k). All records and papers of the 
     Commission shall thereupon be delivered by the Administrator 
     of General Services for deposit in the National Archives.
       (m) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.

                                 ______
                                 

                       INHOFE AMENDMENT NO. 2257

  (Ordered to lie on the table.)
  Mr. INHOFE submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

       On page 132, line 4, strike ``is authorized to'' and insert 
     ``shall''.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 2258

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

       At the end of title IV of the Manager's substitute 
     amendment, add the following:

     SEC. ____. SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) Recreational use of public lands is increasing in the 
     United States and Canada.
       (2) The increased recreational use can benefit local 
     economies and create jobs.
       (3) Increased recreational use can also bring the public 
     into greater contact with grizzly bears and black bears.
       (4) These conflicts can cause harm to recreational users 
     and wildlife alike.
       (5) United States companies produce pepper spray devices 
     that have been demonstrated to reduce the severity and injury 
     of these conflicts to both people and wildlife.
       (6) These companies contribute to local economies and 
     provide employment in distressed areas.
       (7) Current Federal regulations prohibit airline passengers 
     from carrying pepper spray devices in checked baggage that 
     are of sufficient size to deter bears, thereby creating a 
     disincentive to the use of these pepper spray devices.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Federal regulations should be changed to allow these 
     types of pepper spray devices to be carried in checked 
     baggage on domestic airlines consistent with the interests of 
     passenger safety.
                                 ______
                                 

                  ROBB (AND OTHERS) AMENDMENT NO. 2259

  Mr. ROBB (for himself, Mr. Sarbanes, Ms. Mikulski, and Mr. Warner) 
proposed an amendment to amendment No. 1892 proposed by Mr. Gorton to 
the bill, S. 82, supra; as follows:

       Beginning on page 12 of the amendment, strike line 18 and 
     all that follows through page 19, line 2, and redesignate the 
     remaining subsections and references thereto accordingly.
                                 ______
                                 

                    WYDEN AMENDMENTS NOS. 2260-2262

  (Ordered to lie on the table.)
  Mr. WYDEN submitted an amendment intended to be proposed by him to 
the bill S. 82, supra; as follows:

                           Amendment No. 2260

       On page 106, strike line 25 and all that follows through 
     the comma on page 107, line 2.
       On page 107, line 21, strike ``caused during commercial 
     aviation''.
                                  ____


                           Amendment No. 2261

       On page 106, strike line 25 and all that follows through 
     ``additional'' on page 107, line 2 and insert the following:
       ``(b) Additional Compensation.--
       ``(1) In general.--Additional''.
       On page 107, line 21, strike ``caused during commercial 
     aviation occurring after July 16, 1996'' and insert 
     ``occurring after November 23, 1995''.

[[Page S12043]]

     
                                  ____
                           Amendment No. 2262

       On page 106, beginning on line 25, strike all through page 
     107, line 21, and insert the following:
       ``(b) Additional Compensation.--
       ``(1) In general.--Additional compensation for nonpecuniary 
     damages for wrongful death of a decedent is recoverable in a 
     total amount, for all beneficiaries of that decedent, that 
     shall not exceed the greater of the pecuniary loss sustained 
     or a sum total of $750,000 from all defendants for all 
     claims. Punitive damages are not recoverable.
       ``(2) Inflation adjustment.--The $750,000 amount shall be 
     adjusted, beginning in calendar year 2000 by the increase, if 
     any, in the Consumer Price Index for all urban consumers for 
     the prior year over the Consumer Price Index for all urban 
     consumers for the calendar year 1998.
       ``(3) Nonpecuniary damages.--For purposes of this 
     subsection, the term `nonpecuniary damages' means damages for 
     loss of care, comfort, and companionship.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to any death occurring after November 23, 1995.
                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 2263

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 82, supra; as follows:

       At the appropriate place insert the following:

     SEC.   . REPEAL OF LIMIT ON SLOTS FOR BASIC ESSENTIAL AIR 
                   SERVICE AT CHICAGO O'HARE AIRPORT.

       49 United States Code section 41714(a)(3) is amended by 
     striking ``except that the Secretary shall not be required to 
     make slots available at O'Hare International Airport in 
     Chicago, Illinois, if the number of slots available for basic 
     essential air service (including slots specifically 
     designated as essential air service slots and slots for such 
     purposes) to and from such airport is at least 132 slots''.
                                 ______
                                 

           FITZGERALD (AND DURBIN) ABRAHAM AMENDMENT NO. 2264

  Mr. FITZGERALD (for himself and Mr. Durbin) proposed an amendment to 
the bill, S. 82, supra; as follows:

       On page 5, beginning with ``apply--'' in line 15, strike 
     through line 19 and insert ``apply after December 31, 2006, 
     at LaGuardia Airport or John F. Kennedy International 
     Airport.''.
       On page 8, beginning with line 7, strike through line 17 on 
     page 12 and insert the following:
       (1) In General.--Subchapter I of chapter 417, as amended by 
     subsection (d), is amended by inserting after section 41717 
     the following:

     ``Sec. 41718. SPECIAL RULES FOR CHICAGO O'HARE INTERNATIONAL 
                   AIRPORT

       ``(a) In General.--The Secretary of Transportation shall 
     grant 30 slot exemptions over a 3-year period beginning on 
     the date of amendment of the Air Transportation Improvement 
     Act at Chicago O'Hare International Airport.
       ``(b) Equipment and Service Requirements.--
       ``(1) Stage 3 aircraft required.--An exemption may not be 
     granted under this section with respect to any aircraft that 
     is not a Stage 3 aircraft (as defined by the Secretary).
       ``(2) Service provided.--Of the exemptions granted under 
     subsection (a)--
       ``(A) 18 shall be used only for service to underserved 
     markets, of which no fewer than 6 shall be designated as 
     commuter slot exemptions; and
       ``(B) 12 shall be air carrier slot exemptions.
       ``(c) Procedural Requirements.--Before granting exemptions 
     under subsection (a), the Secretary shall--
       ``(1) conduct an environmental review, taking noise into 
     account, and determine that the granting of the exemptions 
     will not cause a significant increase in noise;
       ``(2) determine whether capacity is available and can be 
     used safely and, if the Secretary so determines then so 
     certify;
       ``(3) give 30 days notice to the public through publication 
     in the Federal Register of the Secretary's intent to grant 
     the exemptions; and
       ``(4) consult with appropriate officers of the State and 
     local government on any related noise and environmental 
     issues.
       ``(d) Underserved Market Defined.--In this section, the 
     term `service to underserved markets' means passenger air 
     transportation service to an airport that is a nonhub airport 
     or a small hub airport (as defined in paragraphs (4) and (5), 
     respectively, of section 41731(a)).''.
       (2) 3-year report.--The Secretary shall study and submit a 
     report 3 years after the first exemption granted under 
     section 41718(a) of title 49, United States Code, is first 
     used on the impact of the additional slots on the safety, 
     environment, noise, access to underserved markets, and 
     competition at Chicago O'Hare International Airport.
       On page 19, strike lines 10 and 11.
       On page 19, line 12, strike ``(B)'' and insert ``(A).
       On page 19, line 13, strike ``(C)'' and insert ``(B).
       On page 19, line 15, strike ``(D)'' and insert ``(C).
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 2265

  Mr. McCAIN (for Mr. Coverdell) proposed an amendment to the bill, S. 
82, supra; as follows:

       At the appropriate place in the Manager's substitute 
     amendment, insert the following:

     SEC.   . AVAILABILITY OF FUNDS FOR GEORGIA'S REGIONAL AIRPORT 
                   ENHANCEMENT PROGRAM.

       Of the amounts made available to the Secretary of 
     Transportation for the fiscal year 2000 under section 48103 
     of title 49, United States Code, Funds may be available for 
     Georgia's regional airport enhancement program for the 
     acquisition of land.
                                 ______
                                 

                McCAIN (AND OTHERS) AMENDMENTS NO. 2266

  Mr. McCAIN (for himself, Mr. Hollings, and Mr. Gorton, and Mr. 
Rockefeller) proposed an amendment to the bill, S. 82, supra; as 
follows:

       On page 7, line 5 beginning with ``striking'' strike 
     through ``1999,'' in line 8 and insert ``striking `1999.' and 
     inserting `1999,' ''.
       On page 7, line 14, strike `` `August 6, 1999' '' and 
     insert `` `September 30, 1999,' ''.
       On page 111 beginning with line 1, strike through line 12 
     on page 112.
       On page 180, after line 15, insert the following:
       (3) Quiet aircraft technology for grand canyon.--
       (A) Quiet technology requirements.--Within 9 months after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall designate reasonably 
     achievable requirements for fixed-wing and helicopter 
     aircraft necessary for such aircraft to be considered as 
     emloying quiet aircraft technology for purposes of this 
     section. If no requirements are promulgated as mandated by 
     this paragraph, then beginning 9 months after enactment of 
     this Act and until the provisions of this paragraph are met, 
     any aircraft shall be considered to be in compliance with 
     this paragraph.
       (B) Routes of corridors.--The Administrator shall by rule 
     establish routes or corridors for commercial air tours (as 
     defined in section 4012(d)(1) of title 49, United States 
     Code) by fixed-wing and helicopter aircraft that employ quiet 
     aircraft technology for--
       (i) tours of the Grand Canyon originating in Clark County, 
     Nevada; and
       (ii) ``local loop'' tours originating at the Grand Canyon 
     National Park Airport, in Tusayan, Arizona.
       (C) Operational caps and expanded hours.--Commercial air 
     tours (as so defined) by any fixed-wing or helicopter 
     aircraft that employs quiet aircraft technology and that 
     replaces an existing aircraft--
       (i) shall not be subject to operational flight allocations 
     applicable to other commercial air tours of the Grand Canyon; 
     and
       (ii) may be conducted during the hours from 7:00 a.m. to 
     7:00 p.m.
       (D) Modification of existing aircraft to meet standards.--A 
     commercial air tour (as so defined) by a fixed-wing or 
     helicopter aircraft in a commercial air tour operator's fleet 
     on the date of enactment of this Act that meets the 
     requirements designated under the personally (a), or is 
     subsequently modified to meet the requirements designated 
     under subparagraph (A) may be used for commercial air tours 
     under the same terms and conditions as a replacement aircraft 
     under subparagraph (C) without regard to whether it replaces 
     an existing aircraft.
       (E) Goal of restoring natural quiet.--Nothing in this 
     paragraph reduces the goal, established for the Federal 
     Aviation Administration and the National Park Service under 
     Public Law 100-91 (16 U.S.C. 1a-1 note), of achieving 
     substantial restoration of the natural quiet at the Grand 
     Canyon National Park.
       At the appropriate place, insert the following:
              TITLE  --AIRLINE CUSTOMER SERVICE COMMITMENT

     SEC.  01. AIRLINE CUSTOMER SERVICE REPORTS.

       (a) Secretary To Report Plans Received.--Each air carrier 
     that provides scheduled passenger air transportation and that 
     is a member of the Air Transport Association, all of which 
     have entered into the voluntary customer service commitments 
     established by the Association on June 17, 1999, (hereinafter 
     referred to as the ``Airline Customer Service Commitment''), 
     shall provide a copy of its individual customer service plan 
     to the Secretary of Transportation by September 15, 1999. The 
     Secretary, upon receipt of the individual plans, shall report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and to the House of Representatives Committee 
     on Transportation and Infrastructure the receipt of each such 
     plan and transmit a copy of each plan.
       (b) Implementation.--The Inspector General of the 
     Department of Transportation shall monitor the implementation 
     of any plan submitted to the Secretary under subsection (a) 
     and evaluate the extent to which each such carrier has met 
     its commitments under its plan. Each such carrier shall 
     provide such information to the Inspector General as may be 
     necessary for the Inspector General to prepare the report 
     required by subsection (c).
       (c) Reports to the Congress.--
       (1) Interim report.--The Inspector General shall submit a 
     report of the Inspector

[[Page S12044]]

     General's findings under subsection (a) to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure by June 15, 2000, that includes a status 
     report on completion, publication, and implementation of the 
     Airline Customer Service Commitment and the individual 
     airline plans to carry it out. The report shall include a 
     review of whether each air carrier has modified its contract 
     of carriage or conditions of contract to reflect each item of 
     the Airline Customer Service Commitment.
       (2) Final report; recommendations.--
       (A) In general.--The Inspector General shall submit a final 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure by December 31, 2000, on 
     the effectiveness of the Airline Customer Service Commitment 
     and the individual airline plans to carry it out, including 
     recommendations for improving accountability, enforcement, 
     and consumer protections afforded to commercial air 
     passengers.
       (B) Specific content.--In the final report under 
     subparagraph (A), the Inspector General shall--
       (i) evaluate each carrier's plan for whether it is 
     consistent with the voluntary commitments established by the 
     Air Transport Association in the Airline Customer Service 
     Commitment.
       (ii) evaluate each carrier as to the extent to which, and 
     the manner in which, it has performed in carrying out its 
     plan;
       (iii) identify, by air carrier, how it has implemented each 
     commitment covered by its plan; and
       (iv) provide an analysis, by air carrier, of the methods of 
     meeting each commitment, and in such analysis provide 
     information that allows consumers to make decisions on the 
     quality of air transportation provided by such carriers.

     SEC.  02. INCREASED FINANCIAL RESPONSIBILITY FOR LOST 
                   BAGGAGE.

       The Secretary of Transportation shall initiate a rule 
     making within 30 days after the date of enactment of this Act 
     to increase the domestic baggage liability limit in part 254 
     of title 14, Code of Federal Regulations.

     SEC.  03. INCREASED PENALTY FOR VIOLATION OF AVIATION 
                   CONSUMER PROTECTION LAWS.

       Section 46301(a), as amended by section 407 of this Act, is 
     amended by adding at the end thereof the following:
       ``(8) Consumer protection.--For a violation of section 
     41310, 41712, any rule or regulation promulgated thereunder, 
     or any other rule or regulation promulgated by the Secretary 
     of Transportation that is intended to afford protection to 
     commercial air transportation consumers, the maximum civil 
     penalty prescribed by subsection (a) may not exceed $2,500 
     for each violation.''.

     SEC.  04. COMPTROLLER GENERAL INVESTIGATION.

       The Comptroller General of the United States shall study 
     the potential effects on aviation consumers, including the 
     impact on fares and service to small communities, of a 
     requirement that air carriers permit a ticketed passenger to 
     use any portion of a multiple-stop or round-trip air fare for 
     transportation independent of any other portion without 
     penalty. The Comptroller General shall submit a report, based 
     on the study, to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure by June 15, 2000.

     SEC.  05. FUNDING OF ENFORCEMENT OF AIRLINE CONSUMER 
                   PROTECTIONS.

       (a) In general.--Chapter 481 is amended by adding at the 
     end thereof the following:

     ``Sec. 48112. Consumer protection

       ``There are authorized to be appropriated to the Secretary 
     of Transportation out of the Airport and Airway Trust Fund 
     established under section 9502 of the Internal Revenue Code 
     of 1986 for the purpose of ensuring compliance with, and 
     enforcing, the rights of air travelers under sections 41310 
     and 41712 of this title--
       ``(1) $2,300,000 for fiscal year 2000;
       ``(2) $2,415,000 for fiscal year 2001;
       ``(3) $2,535,750 for fiscal year 2002; and
       ``(2) $2,662,500 for fiscal year 2003.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     481 is amended by adding at the end thereof the following:

``48112. Consumer protection''.
       At the appropriate place, add the following new title:

              TITLE ____--PENALTIES FOR UNRULY PASSENGERS

     SEC. ____01. PENALTIES FOR UNRULY PASSENGERS.

       (a) In General.--Chapter 463 is amended by adding at the 
     end the following:

     ``Sec.   46317. Interference with cabin or flight crew

       ``(a) General Rule.--
       ``(1) In general.--An individual who physically assaults or 
     threatens to physically assault a member of the flight crew 
     or cabin crew of a civil aircraft or any other individual on 
     the aircraft, or takes any action that poses an imminent 
     threat to the safety of the aircraft or other individuals on 
     the aircraft is liable to the United States Government for a 
     civil penalty of not more than $25,000.
       ``(b) Compromise and Setoff.--
       ``(1) Compromise.--The Secretary may compromise the amount 
     of a civil penalty imposed under this section.
       ``(2) Setoff.--The United States Government may deduct the 
     amount of a civil penalty imposed or compromised under this 
     section from amounts the Government owes the person liable 
     for the penalty.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 463 is amended by adding at the end the following:

``46317. Interference with cabin or flight crew.''.

     SEC. ____02. DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICERS.

       (a) Definitions.--In this section:
       (1) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102.
       (2) Air transportation.--The term ``air transportation'' 
     has the meaning given that term in section 40102.
       (3) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (b) Establishment of a Program To Deputized Local Law 
     Enforcement Officers.--
       (1) In general.--The Attorney General may--
       (A) establish a program under which the Attorney General 
     may deputize State and local law enforcement officers having 
     jurisdiction over airports and airport authorities as Deputy 
     United States Marshals for the limited purpose of enforcing 
     Federal laws that regulate security on board aircraft, 
     including laws relating to violent, abusive, or disruptive 
     behavior by passengers of air transportation; and
       (B) encourage the participation of law enforcement officers 
     of State and local governments in the program established 
     under subparagraph (A).
       (2) Consultation.--In establishing the program under 
     paragraph (1), the Attorney General shall consult with 
     appropriate officials of--
       (A) the Federal Government (including the Administrator of 
     the Federal Aviation Administration or a designated 
     representative of the Administrator); and
       (B) State and local governments in any geographic area in 
     which the program may operate.
       (3) Training and background of law enforcement officers.--
       (A) In general.--Under the program established under this 
     subsection, to qualify to serve as a Deputy United States 
     Marshal under the program, a State or local law enforcement 
     officer shall--
       (i) meet the minimum background and training requirements 
     for a law enforcement officer under part 107 of title 14, 
     Code of Federal Regulations (or equivalent requirements 
     established by the Attorney General); and
       (ii) receive approval to participate in the program from 
     the State or local law enforcement agency that is the 
     employer of that law enforcement officer.
       (B) Training not federal responsibility.--The Federal 
     Government shall not be responsible for providing to a State 
     or local law enforcement officer the training required to 
     meet the training requirements under subparagraph (A)(i). 
     Nothing in this subsection may be construed to grant any such 
     law enforcement officer the right to attend any institution 
     of the Federal Government established to provide training to 
     law enforcement officers of the Federal Government.
       (c) Powers and Status of Deputized Law Enforcement 
     Officers.--
       (1) In general.--Subject to paragraph (2), a State or local 
     law enforcement officer that is deputized as a Deputy United 
     States Marshal under the program established under subsection 
     (b) may arrest and apprehend an individual suspected of 
     violating any Federal law described in subsection (b)(1)(A), 
     including any individual who violates a provision subject to 
     a civil penalty under section 46301 of title 49, United 
     States Code, or section 46302, 46303, 46504, 46505, or 46507 
     of that title, or who commits an act described in section 
     46506 of that title.
       (2) Limitation.--The powers granted to a State or local law 
     enforcement officer deputized under the program established 
     under subsection (b) shall be limited to enforcing Federal 
     laws relating to security on board aircraft in flight.
       (3) Status.--A State or local law enforcement officer that 
     is deputized as a Deputy United States Marshal under the 
     program established under subsection (b) shall not--
       (A) be considered to be an employee of the Federal 
     Government; or
       (B) receive compensation from the Federal Government by 
     reason of service as a Deputy United States Marshal in the 
     program.
       (d) Statutory Construction.--Nothing in this section may be 
     construed to--
       (1) grant a State or local law enforcement officer that is 
     deputized under the program under subsection (b) the power to 
     enforce any Federal law that is not described in subsection 
     (c); or
       (2) limit the authority that a State or local law 
     enforcement officer may otherwise exercise in the capacity 
     under any other applicable State or Federal law.
       (e) Regulations.--The Attorney General may promulgate such 
     regulations as may be necessary to carry out this section.

     SEC. ____. STUDY AND REPORT ON AIRCRAFT NOISE.

       Not later than December 31, 2002, the Secretary of 
     Transportation shall conduct a study and report to Congress 
     on--
       (1) airport noise problems in the United States;
       (2) the status of cooperative consultations and agreements 
     between the Federal Aviation Administration and the 
     International

[[Page S12045]]

     Civil Aviation Organization on stage 4 aircraft noise levels; 
     and
       (3) the feasibility of proceeding with the development and 
     implementation of a timetable for air carrier compliance with 
     stage 4 aircraft noise requirements.

                     TITLE ____--AIRLINE COMMISSION

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Improved Consumer Access 
     to Travel Information Act''.

     SEC. ____02. NATIONAL COMMISSION TO ENSURE CONSUMER 
                   INFORMATION AND CHOICE IN THE AIRLINE INDUSTRY.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission to Ensure Consumer 
     Information and Choice in the Airline Industry'' (in this 
     section referred to as the ``Commission'').
       (b) Duties.--
       (1) Study.--The Commission shall undertake a study of--
       (A) consumer access to information about the products and 
     services of the airline industry;
       (B) the effect on the marketplace of the emergence of new 
     means of distributing such products and services;
       (C) the effect on consumers of the declining financial 
     condition of travel agents in the United States; and
       (D) the impediments imposed by the airline industry on 
     distributors of the industry's products and services, 
     including travel agents and Internet-based distributors.
       (2) Policy recommendations.--Based on the results of the 
     study described in paragraph (1), the Commission shall 
     recommend to the President and Congress policies necessary 
     to--
       (A) ensure full consumer access to complete information 
     concerning airline fares, routes, and other services;
       (B) ensure that the means of distributing the products and 
     services of the airline industry, and of disseminating 
     information about such products and services, is adequate to 
     ensure that competitive information is available in the 
     marketplace;
       (C) ensure that distributors of the products and services 
     of the airline industry have adequate relief from illegal, 
     anticompetitive practices that occur in the marketplace; and
       (D) foster healthy competition in the airline industry and 
     the entry of new entrants.
       (c) Specific Matters To Be Addressed.--In carrying out the 
     study authorized under subsection (b)(1), the Commission 
     shall specifically address the following:
       (1) Consumer access to information.--With respect to 
     consumer access to information regarding the services and 
     products offered by the airline industry, the following:
       (A) The state of such access.
       (B) The effect in the 5-year period following the date of 
     the study of the making of alliances in the airline industry.
       (C) Whether and to what degree the trends regarding such 
     access will produce benefits to consumers.
       (2) Means of distribution.--With respect to the means of 
     distributing the products and services of the airline 
     industry, the following:
       (A) The state of such means of distribution.
       (B) The roles played by travel agencies and Internet-based 
     providers of travel information and services in distributing 
     such products and services.
       (C) Whether the policies of the United States promote the 
     access of consumers to multiple means of distribution.
       (3) Airline reservation systems.--With respect to airline 
     reservation systems, the following:
       (A) The rules, regulations, policies, and practices of the 
     industry governing such systems.
       (B) How trends in such systems will affect consumers, 
     including--
       (i) the effect on consumer access to flight reservation 
     information; and
       (ii) the effect on consumers of the use by the airline 
     industry of penalties and promotions to convince distributors 
     to use such systems, and the degree of consumer awareness of 
     such penalties and promotions.
       (d) Membership.--
       (1) Appointment.--The Commission shall be composed of 15 
     voting members and 11 nonvoting members as follows:
       (A) 5 voting members and 1 nonvoting member appointed by 
     the President.
       (B) 3 voting members and 3 nonvoting members appointed by 
     the Speaker of the House of Representatives.
       (C) 2 voting members and 2 nonvoting members appointed by 
     the minority leader of the House of Representatives.
       (D) 3 voting members and 3 nonvoting members appointed by 
     the majority leader of the Senate.
       (E) 2 voting members and 2 nonvoting members appointed by 
     the minority leader of the Senate
       (2) Qualifications.--Voting members appointed under 
     paragraph (1) shall be appointed from among individuals who 
     are experts in economics, service product distribution, or 
     transportation, or any related discipline, and who can 
     represent consumers, passengers, shippers, travel agents, 
     airlines, or general aviation.
       (3) Terms.--Members shall be appointed for the life of the 
     Commission.
       (4) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (5) Travel expenses.--Members shall serve without pay but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (6) Chairperson.--The President, in consultation with the 
     Speaker of the House of Representatives and the majority 
     leader of the Senate, shall designate the Chairperson of the 
     Commission (referred to in this title as the ``Chairperson'') 
     from among its voting members.
       (e) Commission Panels.--The Chairperson shall establish 
     such panels consisting of voting members of the Commission as 
     the Chairperson determines appropriate to carry out the 
     functions of the Commission.
       (f) Staff.--The Commission may appoint and fix the pay of 
     such personnel as it considers appropriate.
       (g) Staff of Federal Agencies.--Upon request of the 
     Commission, the head of any department or agency of the 
     United States may detail, on a reimbursable basis, any of the 
     personnel of that department or agency to the Commission to 
     assist it in carrying out its duties under this section.
       (h) Other Staff and Support.--Upon the request of the 
     Commission, or a panel of the Commission, the Secretary of 
     Transportation shall provide the Commission or panel with 
     professional and administrative staff and other support, on a 
     reimbursable basis, to assist the Commission or panel in 
     carrying out its responsibilities.
       (i) Obtaining Official Data.--The Commission may secure 
     directly from any department or agency of the United States 
     information (other than information required by any statute 
     of the United States to be kept confidential by such 
     department or agency) necessary for the Commission to carry 
     out its duties under this section. Upon request of the 
     Commission, the head of that department or agency shall 
     furnish such nonconfidential information to the Commission.
       (j) Report.--Not later than 6 months after the date on 
     which initial appointments of members to the Commission are 
     completed, the Commission shall transmit to the President and 
     Congress a report on the activities of the Commission, 
     including recommendations made by the Commission under 
     subsection (b)(2).
       (k) Termination.--The Commission shall terminate on the 
     30th day following the date of transmittal of the report 
     under subsection (j). All records and papers of the 
     Commission shall thereupon be delivered by the Administrator 
     of General Services for deposit in the National Archives.
       (l) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       On page 162, before line 15, insert the following:
       (3) Conforming amendment.--Section 41714(a)(3) is amended 
     by adding at the end thereof the following: The 132 slot cap 
     under this paragraph does not apply to exemptions or slots 
     made available under section 41718.''.

                          ____________________