[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Senate]
[Pages 28724-28742]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

                   THE BANKRUPTCY REFORM ACT OF 1999

                                 ______
                                 

              GRASSLEY (AND FEINSTEIN) AMENDMENT NO. 2514

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

       Insert at the appropriate place:
       Section 362(b)(18) of title 11, United States Code, is 
     amended to read as follows:
       (18) under subsection (a) of the creation or perfection of 
     a statutory lien for an ad valorem property tax, or a special 
     tax or special assessment on real property whether or not ad 
     valorem, imposed by a governmental unit, if such tax or 
     assessment comes due after the filing of the petition.
                                 ______
                                 

              GRASSLEY (AND TORRICELLI) AMENDMENT NO. 2515

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

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

     SEC. 103. FINDINGS AND STUDY.

       (a) Findings.--Congress finds that the Secretary of the 
     Treasury has the inherent authority to alter the Internal 
     Revenue Service standards established to set guidelines for 
     repayment plans as needed to accommodate their use under 
     section 707(b) of title 11, United States Code.
       (b) Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Director of the Executive Office of 
     United States Trustees, shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives containing the 
     findings of the Secretary concerning the utilization of 
     Internal Revenue Service standards for determining--
       (A) the current monthly expenses of a debtor under section 
     707(b) of title 11, United States Code; and
       (B) the impact that the application of those standards has 
     had on debtors and on the bankruptcy courts.
       (2) Recommendation.--The report under paragraph (1) may 
     include recommendations for amendments to title 11, United 
     States Code, that are consistent with the findings of the 
     Secretary of the Treasury under paragraph (1).
       On page 14, line 19, strike ``103'' and insert ``104''.
       On page 15, line 12, strike ``104'' and insert ``105''.
       On page 15, lines 9 and 10, strike ``credit counseling 
     service'' and insert ``nonprofit budget and credit counseling 
     agency''.
       On page 17, line 19, strike ``105'' and insert ``106''.
       On page 18, lines 3 and 4, strike ``credit counseling 
     service'' and insert ``budget and credit counseling agency''.
       On page 18, line 5, insert ``(including a briefing 
     conducted by telephone)'' after ``briefing''.
       On page 18, line 12, strike ``credit counseling services'' 
     and insert ``budget and credit counseling agency''.
       On page 18, line 12, strike ``are'' and insert ``is''.
       On page 18, line 15, strike ``those programs'' and insert 
     ``that agency''.
       On page 18, line 21, insert after the period the following: 
     ``Notwithstanding the preceding sentence, a nonprofit budget 
     and credit counseling service may be disapproved by the 
     United States trustee or bankruptcy administrator at any 
     time.''.
       On page 19, lines 4 and 5, strike ``credit counseling 
     service'' and insert ``budget and credit counseling agency''.
       On page 21, lines 6 and 7, strike ``credit counseling 
     service'' and insert ``approved nonprofit budget and credit 
     counseling agency''.
       On page 21, lines 10 and 11, strike ``credit counseling 
     service'' and insert ``approved nonprofit budget and credit 
     counseling agency''.
       On page 21, line 16, strike ``Credit counseling services'' 
     and insert ``Nonprofit budget and credit counseling 
     agencies''.
       On page 21, line 19, strike ``credit counseling services'' 
     and insert ``nonprofit budget and credit counseling 
     agencies''.
       On page 21, line 25, strike the quotation marks and the 
     final period.
       On page 21, after line 25, insert the following:
       ``(b) For inclusion on the approved list under subsection 
     (a), the United States trustee or bankruptcy administrator 
     shall require the credit counseling service, at a minimum--
       ``(1) to be a nonprofit budget and credit counseling 
     agency, the majority of the board of directors of which--
       ``(A) are not employed by the agency; and
       ``(B) will not directly or indirectly benefit financially 
     from the outcome of a credit counseling session;
       ``(2) if a fee is charged for counseling services, to 
     charge a reasonable fee, and to provide services without 
     regard to ability to pay the fee;
       ``(3) to provide for safekeeping and payment of client 
     funds, including an annual audit of the trust accounts and 
     appropriate employee bonding;
       ``(4) to provide full disclosures to clients, including 
     funding sources, counselor qualifications, and possible 
     impact on credit reports;
       ``(5) to provide adequate counseling with respect to client 
     credit problems that includes an analysis of their current 
     situation, what brought them to that financial status, and 
     how they can develop a plan to handle the problem without 
     incurring negative amortization of their debts; and
       ``(6) to provide trained counselors who receive no 
     commissions or bonuses based on the counseling session 
     outcome.
       ``(c)(1) In this subsection, the term `credit counseling 
     service'--
       ``(A) means--
       ``(i) a nonprofit credit counseling service approved under 
     subsection (a); and
       ``(ii) any other consumer education program carried out 
     by--
       ``(I) a trustee appointed under chapter 13; or
       ``(II) any other public or private entity or individual; 
     and
       ``(B) does not include any counseling service provided by 
     the attorney of the debtor or an agent of the debtor.

[[Page 28725]]

       ``(2)(A) No credit counseling service may provide to a 
     credit reporting agency information concerning whether an 
     individual debtor has received or sought instruction 
     concerning personal financial management from the credit 
     counseling service.
       ``(B) A credit counseling service that willfully or 
     negligently fails to comply with any requirement under this 
     title with respect to a debtor shall be liable for damages in 
     an amount equal to the sum of--
       ``(i) any actual damages sustained by the debtor as a 
     result of the violation; and
       ``(ii) any court costs or reasonable attorneys' fees (as 
     determined by the court) incurred in an action to recover 
     those damages.''.
       On page 22, strike the matter between lines 3 and 4, and 
     insert the following:

``111. Nonprofit budget and credit counseling agencies; financial 
              management instructional courses.''.

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

     SEC. 213. REQUIREMENTS TO OBTAIN CONFIRMATION AND DISCHARGE 
                   IN CASES INVOLVING DOMESTIC SUPPORT 
                   OBLIGATIONS.

       Title 11, United States Code, is amended--
       (1) in section 1129(a), by adding at the end the following:
       ``(14) If the debtor is required by a judicial or 
     administrative order or statute to pay a domestic support 
     obligation, the debtor has paid all amounts payable under 
     such order or statute for such obligation that first become 
     payable after the date on which the petition is filed.'';
       (2) in section 1208(c)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.'';
       (3) in section 1222(a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) notwithstanding any other provision of this section, 
     a plan may provide for less than full payment of all amounts 
     owed for a claim entitled to priority under section 
     507(a)(1)(B) only if the plan provides that all of the 
     debtor's projected disposable income for a 5-year period, 
     beginning on the date that the first payment is due under the 
     plan, will be applied to make payments under the plan.'';
       (4) in section 1222(b)--
       (A) by redesignating paragraph (10) as paragraph (11); and
       (B) by inserting after paragraph (9) the following:
       ``(10) provide for the payment of interest accruing after 
     the date of the filing of the petition on unsecured claims 
     that are nondischargeable under section 1328(a), except that 
     such interest may be paid only to the extent that the debtor 
     has disposable income available to pay such interest after 
     making provision for full payment of all allowed claims;'';
       (5) in section 1225(a)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(7) if the debtor is required by a judicial or 
     administrative order or statute to pay a domestic support 
     obligation, the debtor has paid all amounts payable under 
     such order for such obligation that first become payable 
     after the date on which the petition is filed.'';
       (6) in section 1228(a), in the matter preceding paragraph 
     (1), by inserting ``, and in the case of a debtor who is 
     required by a judicial or administrative order to pay a 
     domestic support obligation, after such debtor certifies that 
     all amounts payable under such order or statute that are due 
     on or before the date of the certification (including amounts 
     due before the petition was filed, but only to the extent 
     provided for in the plan) have been paid'' after ``completion 
     by the debtor of all payments under the plan'';
       (7) in section 1307(c)--
       (A) in paragraph (9), by striking ``or'' at the end;
       (B) in paragraph (10), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(11) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.'';
       (8) in section 1322(a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding in the end the following:
       ``(4) notwithstanding any other provision of this section, 
     a plan may provide for less than full payment of all amounts 
     owed for a claim entitled to priority under section 
     507(a)(1)(B) only if the plan provides that all of the 
     debtor's projected disposable income for a 5-year period 
     beginning on the date that the first payment is due under the 
     plan will be applied to make payments under the plan.'';
       (9) in section 1322(b)--
       (A) in paragraph (9), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating paragraph (10) as paragraph (11); and
       (C) inserting after paragraph (9) the following:
       ``(10) provide for the payment of interest accruing after 
     the date of the filing of the petition on unsecured claims 
     that are nondischargeable under section 1328(a), except that 
     such interest may be paid only to the extent that the debtor 
     has disposable income available to pay such interest after 
     making provision for full payment of all allowed claims; 
     and'';
       (10) in section 1325(a)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(7) if the debtor is required by a judicial or 
     administrative order or statute to pay a domestic support 
     obligation, the debtor has paid amounts payable after the 
     date on which the petition is filed.''; and
       (11) in section 1328(a), in the matter preceding paragraph 
     (1), by inserting ``, and in the case of a debtor who is 
     required by a judicial or administrative order to pay a 
     domestic support obligation, after such debtor certifies that 
     all amounts payable under such order or statute that are due 
     on or before the date of the certification (including amounts 
     due before the petition was filed, but only to the extent 
     provided for in the plan) have been paid'' after ``completion 
     by the debtor of all payments under the plan''.
       On page 37, strike lines 10 and 11 and insert ``amended by 
     striking paragraph (2) and inserting the''.
       On page 37, lines 14 and 15, strike ``of an action or 
     proceeding for--'' and insert ``or continuation of a civil 
     action or proceeding--''.
       On page 37, line 16, insert ``for'' after ``(i)''.
       On page 37, line 19, insert ``for'' after ``(ii)''.
       On page 37, line 21, strike ``or''.
       On page 37, between lines 21 and 22, insert the following:
       ``(iii) concerning child custody or visitation;
       ``(iv) for the dissolution of a marriage except to the 
     extent that such a proceeding seeks to determine the division 
     of property which is property of the estate; or
       ``(v) regarding domestic violence;
       On page 37, line 24, strike the quotation marks and second 
     semicolon.
       On page 37, after line 24, add the following:
       ``(C) with respect to the withholding of income that is 
     property of the estate or property of the debtor for payment 
     of a domestic support obligation pursuant to a judicial or 
     administrative order;
       ``(D) the withholding, suspension, or restriction of 
     drivers' licenses, professional and occupational licenses, 
     and recreational licenses under State law, as specified in 
     section 466(a)(16) of the Social Security Act (42 U.S.C. 
     666(a)(16));
       ``(E) the reporting of overdue support owed by a parent to 
     any consumer reporting agency as specified in section 
     466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7));
       ``(F) the interception of tax refunds, as specified in 
     sections 464 and 466(a)(3) of the

[[Page 28726]]

     Social Security Act (42 U.S.C. 664 and 666(a)(3)) or under an 
     analogous State law; or
       ``(G) the enforcement of medical obligations as specified 
     under title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.).'';
       On page 38, line 12, strike all through page 39, line 25.
       On page 40, between lines 13 and 14, insert the following:
       (i) by inserting ``to a spouse, former spouse, or child of 
     the debtor and'' before ``not of the kind''.
       On page 40, line 14, strike ``(i)'' and insert ``(ii)''.
       On page 40, line 16, strike ``(ii)'' and insert ``(iii)''.
       On page 40, insert between lines 18 and 19 the following:
       (C) by striking paragraph (18); and
       On page 41, line 4, strike ``(5)'' and insert ``(4)''.
       On page 41, line 7, strike ``(5)'' and insert ``(4)''.
       On page 41, line 12, strike ``(5)'' and insert ``(4)''.
       On page 43, strike lines 16 through 20 and insert the 
     following: Section 1225(b)(2)(A) of title 11, United States 
     Code, is amended by inserting ``or for a domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed'' after ``dependent of the debtor''.
       On page 43, strike line 22 through page 44, line 2, and 
     insert the following:
     Section 1325(b)(2)(A) of title 11, United States Code, is 
     amended by inserting ``or for a domestic support obligation 
     that first becomes payable after the date on which the 
     petition is filed'' after ``dependent of the debtor''.
       On page 44, line 14, strike ``for support'' through line 
     16, and insert ``for a domestic support obligation,''.
       On page 45, line 23, strike ``and''.
       On page 45, between lines 23 and 24, insert the following:
       ``(III) the last recent known name and address of the 
     debtor's employer; and
       On page 45, line 24, strike ``(III)'' and insert ``(IV)''.
       On page 46, strike lines 6 through 11 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 46, line 19, strike ``(b)'' and insert ``(a)''.
       On page 46, line 20, strike ``(5)'' and insert ``(6)''.
       On page 46, line 22, strike ``(6)'' and insert ``(7)''.
       On page 47, strike lines 1 through 6 and insert the 
     following:
       ``(8) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (c).''; and
       On page 47, line 8, strike ``(b)(7)'' and insert 
     ``(a)(7)''.
       On page 48, line 7, strike ``and''.
       On page 48, insert between lines 7 and 8 the following:

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

       On page 48, line 8, strike ``(III)'' and insert ``(IV)''.
       On page 48, line 11, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.
       On page 48, strike lines 15 through 20 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 49, strike lines 9 through 14 and insert the 
     following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (c).''; and
       On page 50, line 16, strike ``and''.
       On page 50, insert between lines 16 and 17 the following:

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

       On page 50, line 17, strike ``(III)'' and insert ``(IV)''.
       On page 50, line 20, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.
       On page 50, strike line 24 and all that follows through 
     page 51, line 4 and insert the following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 51, strike lines 19 through 24 and insert the 
     following:
       ``(6) if, with respect to an individual debtor, there is a 
     claim for a domestic support obligation, provide the 
     applicable notification specified in subsection (d).''; and
       On page 52, line 24, strike ``and''.
       On page 52, after line 24, add the following:
       ``(III) the last recent known name and address of the 
     debtor's employer; and''.
       On page 53, line 1, strike ``(III)'' and insert ``(IV)''.
       On page 53, line 4, strike ``(4), or (14A)'' and insert 
     ``(3), or (14)''.
       On page 53, strike lines 8 through 12 and insert the 
     following:
       ``(2)(A) A holder of a claim or a State child support 
     agency may request from a creditor described in paragraph 
     (1)(B)(iii)(IV) the last known address of the debtor.
       On page 76, line 15, strike ``523(a)(9)'' and insert 
     ``523(a)(8)''.
       On page 82, strike lines 4 through 9 and insert ``title 11, 
     United States Code, is amended by adding at the end the 
     following:''.
       On page 82, line 10, strike ``(19)'' and insert ``(18)''.
       On page 83, between lines 4 and 5, insert the following:

     SEC. 225. PROTECTION OF EDUCATION SAVINGS.

       (a) Exclusions.--Section 541 of title 11, United States 
     Code, as amended by section 903, is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraph (6) as paragraph (8); and
       (B) by inserting after paragraph (5) the following:
       ``(6) funds placed in an education individual retirement 
     account (as defined in section 530(b)(1) of the Internal 
     Revenue Code of 1986) not later than 365 days before the date 
     of filing of the petition, but--
       ``(A) only if the designated beneficiary of such account 
     was a son, daughter, stepson, stepdaughter, grandchild, or 
     step-grandchild of the debtor for the taxable year for which 
     funds were placed in such account;
       ``(B) only to the extent that such funds--
       ``(i) are not pledged or promised to any entity in 
     connection with any extension of credit; and
       ``(ii) are not excess contributions (as described in 
     section 4973(e) of the Internal Revenue Code of 1986); and
       ``(C) in the case of funds placed in all such accounts 
     having the same designated beneficiary not earlier than 720 
     days nor later than 365 days before such date, only so much 
     of such funds as does not exceed $5,000;
       ``(7) funds used to purchase a tuition credit or 
     certificate or contributed to an account in accordance with 
     section 529(b)(1)(A) of the Internal Revenue Code of 1986 
     under a qualified State tuition program (as defined in 
     section 529(b)(1) of such Code) not later than 365 days 
     before the date of filing of the petition, but--
       ``(A) only if the designated beneficiary of the amounts 
     paid or contributed to such tuition program was a son, 
     daughter, stepson, stepdaughter, grandchild, or step-
     grandchild of the debtor for the taxable year for which funds 
     were paid or contributed;
       ``(B) with respect to the aggregate amount paid or 
     contributed to such program having the same designated 
     beneficiary, only so much of such amount as does not exceed 
     the total contributions permitted under section 529(b)(7) of 
     such Code with respect to such beneficiary, as adjusted 
     beginning on the date of the filing of the petition by the 
     annual increase or decrease (rounded to the nearest tenth of 
     1 percent) in the education expenditure category of the 
     Consumer Price Index prepared by the Department of Labor; and
       ``(C) in the case of funds paid or contributed to such 
     program having the same designated beneficiary not earlier 
     than 720 days nor later than 365 days before such date, only 
     so much of such funds as does not exceed $5,000; or''; and
       (2) by adding at the end the following:
       ``(g) In determining whether any of the relationships 
     specified in paragraph (6)(A) or (7)(A) of subsection (b) 
     exists, a legally adopted child of an individual (and a child 
     who is a member of an individual's household, if placed with 
     such individual by an authorized placement agency for legal 
     adoption by such individual), or a foster child of an 
     individual (if such child has as the child's principal place 
     of abode the home of the debtor and is a member of the 
     debtor's household) shall be treated as a child of such 
     individual by blood.''.
       (b) Debtor's Duties.--Section 521 of title 11, United 
     States Code, as amended by sections 105(d), 304(c)(1), 
     305(2), 315(b), and 316 of this Act, is amended by adding at 
     the end the following:
       ``(k) In addition to meeting the requirements under 
     subsection (a), a debtor shall file with the court a record 
     of any interest that a debtor has in an education individual 
     retirement account (as defined in section 530(b)(1) of the 
     Internal Revenue Code of 1986) or under a qualified State 
     tuition program (as defined in section 529(b)(1) of such 
     Code).''.
       On page 91, between lines 18 and 19, insert the following:
       (c) Modification of a Restriction Relating to Waivers.--
     Section 522(e) of title 11, United States Code, is amended--
       (1) in the first sentence, by striking ``subsection (b) of 
     this section'' and inserting ``subsection (b), other than 
     under paragraph (3)(C) of that subsection''; and
       (2) in the second sentence--
       (A) by inserting ``(other than property described in 
     subsection (b)(3)(C))'' after ``property'' each place it 
     appears; and
       (B) by inserting ``(other than a transfer of property 
     described in subsection (b)(3)(C))'' after ``transfer'' each 
     place it appears.
       On page 91, line 23, strike ``105(d)'' and insert 
     ``106(d)''.
       On page 92, line 17, strike ``(C)'' and insert ``(D)''.
       On page 92, line 18, strike ``(b)'' and insert ``(c)''.
       On page 94, line 25, strike ``105(d)'' and insert 
     ``106(d)''.
       On page 95, line 16, strike ``(c)'' and insert ``(d)''.

[[Page 28727]]

       On page 109, line 13, strike ``by adding at the end'' and 
     insert ``by inserting after subsection (e)''.
       On page 111, line 18, insert ``(a) In General.--'' before 
     ``Section''.
       On page 112, line 14, insert a dash after the period.
       On page 112, line 19, strike ``(4)'' and insert ``(3)''.
       On page 112, line 20, strike ``(3)(B), (5), (8), or (9) of 
     section 523(a)'' and insert ``(4), (7), or (8) of section 
     523(a)''.
       On page 116, line 16, strike ``(d)(1)'' and insert 
     ``(e)(1)''.
       On page 117, line 5, strike ``(e)'' and insert ``(f)''.
       On page 118, line 1, strike ``(A) beginning'' and insert 
     the following:
       ``(A) beginning''.
       On page 118, line 5, strike ``(B) thereafter,'' and insert 
     the following:
       ``(B) thereafter,''.
       On page 118, line 8, strike ``(f)(1)'' and insert 
     ``(g)(1)''.
       On page 118, strike line 23 and insert the following: 
     ``subsection (h)''.
       On page 118, line 24, strike ``(g)(1)'' and insert 
     ``(h)(1)''.
       On page 119, line 21, strike ``(h)'' and insert ``(i)''.
       On page 120, line 11, strike ``(i)'' and insert ``(j)''.
       On page 124, strike lines 7 through 14 and insert the 
     following:

     SEC. 321. CHAPTER 11 CASES FILED BY INDIVIDUALS.

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

     ``Sec. 1115. Property of the estate

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

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

       (b) Contents of Plan.--Section 1123(a) of title 11, United 
     States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(8) in a case concerning an individual, provide for the 
     payment to creditors through the plan of all or such portion 
     of earnings from personal services performed by the debtor 
     after the commencement of the case or other future income of 
     the debtor as is necessary for the execution of the plan.''.
       (c) Confirmation of Plan.--
       (1) Requirements relating to value of property.--Section 
     1129(a) of title 11, United States Code, is amended by adding 
     at the end the following:
       ``(14) In a case concerning an individual in which the 
     holder of an allowed unsecured claim objects to the 
     confirmation of the plan--
       ``(A) the value of the property to be distributed under the 
     plan on account of such claim is, as of the effective date of 
     the plan, not less than the amount of such claim; or
       ``(B) the value of the property to be distributed under the 
     plan is not less than the debtor's projected disposable 
     income (as that term is defined in section 1325(b)(2)) to be 
     received during the 3-year period beginning on the date that 
     the first payment is due under the plan, or during the term 
     of the plan, whichever is longer.''.
       (2) Requirement relating to interests in property.--Section 
     1129(b)(2)(B)(ii) of title 11, United States Code, is amended 
     by inserting before the period at the end the following: ``, 
     except that in a case concerning an individual, the debtor 
     may retain property included in the estate under section 
     1115, subject to the requirements of subsection (a)(14)''.
       (d) Effect of Confirmation--Section 1141(d) of title 11, 
     United States Code, is amended--
       (1) in paragraph (2), by striking ``The confirmation of a 
     plan does not discharge an individual debtor'' and inserting 
     ``A discharge under this chapter does not discharge a 
     debtor''; and
       (2) by adding at the end the following:
       ``(5) In a case concerning an individual--
       ``(A) except as otherwise ordered for cause shown, the 
     discharge is not effective until completion of all payment 
     under the plan; and
       ``(B) at any time after the confirmation of the plan and 
     after notice and a hearing, the court may grant a discharge 
     to a debtor that has not completed payments under the plan 
     only if--
       ``(i) for each allowed unsecured claim, the value as of the 
     effective date of the plan, of property actually distributed 
     under the plan on account of that claim is not less than the 
     amount that would have been paid on such claim if the estate 
     of the debtor had been liquidated under chapter 7 of this 
     title on such date; and
       ``(ii) modification of the plan under 1127 of this title is 
     not practicable.''.
       (e) Modification of Plan.--Section 1127 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(e) In a case concerning an individual, the plan may be 
     modified at any time after confirmation of the plan but 
     before the completion of payments under the plan, whether or 
     not the plan has been substantially consummated, upon request 
     of the debtor, the trustee, the United States trustee, or the 
     holder of an allowed unsecured claim, to--
       ``(1) increase or reduce the amount of payments on claims 
     of a particular class provided for by the plan;
       ``(2) extend or reduce the time period for such payments; 
     or
       ``(3) alter the amount of the distribution to a creditor 
     whose claim is provided for by the plan to the extent 
     necessary to take account of any payment of such claim made 
     other than under the plan.
       ``(f)(1) Sections 1121 through 1128 of this title and the 
     requirements of section 1129 of this title apply to any 
     modification under subsection (a).
       ``(2) The plan, as modified, shall become the plan only 
     after there has been disclosure under section 1125, as the 
     court may direct, notice and a hearing, and such modification 
     is approved.''.
       Beginning on page 135, strike line 19 and all that follows 
     through page 136, line 2, and insert the following:

     SEC. 406. CREDITORS AND EQUITY SECURITY HOLDERS COMMITTEES.

       (a) Appointment.--Section 1102(a)(2) of title 11, United 
     States Code, is amended by inserting before the first 
     sentence the following: ``On its own motion or on request of 
     a party in interest, and after notice and hearing, the court 
     may order a change in the membership of a committee appointed 
     under this subsection, if the court determines that the 
     change is necessary to ensure adequate representation of 
     creditors or equity security holders. The court may increase 
     the number of members of a committee to include a creditor 
     that is a small business concern (as described in section 
     3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1))), if 
     the court determines that the creditor holds claims (of the 
     kind represented by the committee) the aggregate amount of 
     which, in comparison to the annual gross revenue of that 
     creditor, is disproportionately large.''.
       (b) Information.--Section 1102(b) of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(3) A committee appointed under subsection (a) shall--
       ``(A) provide access to information for creditors who--
       ``(i) hold claims of the kind represented by that 
     committee; and
       ``(ii) are not appointed to the committee;
       ``(B) solicit and receive comments from the creditors 
     described in subparagraph (A); and
       ``(C) be subject to a court order that compels any 
     additional report or disclosure to be made to the creditors 
     described in subparagraph (A).''.
       On page 145, between lines 15 and 16, insert the following:

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

       (a) In General.--
       (1) Disclosure.--The Advisory Committee on Bankruptcy Rules 
     of the Judicial Conference of the United States, after 
     consideration of the views of the Director of the Executive 
     Office for the United States Trustees, shall propose for 
     adoption amended Federal Rules of Bankruptcy Procedure and 
     Official Bankruptcy Forms directing debtors under chapter 11 
     of title 11, United States Code, to disclose the information 
     described in paragraph (2) by filing and serving periodic 
     financial and other reports designed to provide such 
     information.
       (2) Information.--The information referred to in paragraph 
     (1) is the value, operations, and profitability of any 
     closely held corporation, partnership, or of any other entity 
     in which the debtor holds a substantial or controlling 
     interest.
       (b) Purpose.--The purpose of the rules and reports under 
     subsection (a) shall be to assist parties in interest taking 
     steps to ensure that the debtor's interest in any entity 
     referred to in subsection (a)(2) is used for the payment of 
     allowed claims against debtor.
       On page 147, line 15, strike ``title)'' and insert ``title 
     and excluding a person whose primary activity is the business 
     of owning and operating real property and activities 
     incidental thereto)''.
       On page 150, line 14, insert ``and other required 
     government filings'' after ``returns''.
       On page 150, line 19, insert ``and other required 
     government filings'' after ``returns''.
       On page 152, strike lines 19 through 21 and insert the 
     following:
       (a) Duties in Chapter 11 Cases.--Subchapter I of title 11, 
     United States Code, as amended by section 321 of this Act, is 
     amended by adding at the end the following:
       On page 153, line 1, strike ``1115'' and insert ``1116''.

[[Page 28728]]

       On page 153, line 7, strike ``3'' and insert ``7''.
       On page 154, line 9, strike the semicolon and insert ``and 
     other required government filings; and''.
       On page 154, strike lines 14 through 25.
       On page 155, strike line 7 and all that follows through the 
     matter between lines 9 and 10 and insert the following:
       (b) Clerical Amendment.--The table of sections for chapter 
     11 of title 11, United States Code, is amended by adding at 
     the end of the matter relating to subchapter I the following:

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

       On page 156, line 19, strike ``150'' and insert ``175''.
       On page 156, line 20, strike ``150-day'' and insert ``175-
     day''.
       On page 162, strike lines 14 through 20 and insert the 
     following:
       ``(A) a plan with a reasonable possibility of being 
     confirmed will be filed within a reasonable period of time; 
     and
       On page 162, line 21, strike ``reason is'' and insert 
     ``grounds include''.
       On page 162, line 22, strike ``that''.
       On page 162, line 23, insert ``for which'' before ``there 
     exists''.
       On page 163, line 1, strike ``(ii)(I)'' and insert 
     ``(ii)''.
       On page 163, line 1, strike ``that act or omission'' and 
     insert ``which''.
       On page 163, line 3, strike ``, but not'' and all that 
     follows through line 8 and insert a period.
       On page 163, line 22, insert after ``failure to maintain 
     appropriate insurance'' the following: ``that poses a risk to 
     the estate or to the public''.
       On page 164, line 3, insert ``repeated'' before 
     ``failure''.
       On page 165, line 2, strike ``and''.
       On page 165, line 3, insert ``confirmed'' before ``plan''.
       On page 165, line 4, strike the period and insert ``; 
     and''.
       On page 165, between lines 4 and 5, insert the following:
       ``(P) failure of the debtor to pay any domestic support 
     obligation that first becomes payable after the date on which 
     the petition is filed.
       On page 165, line 23, insert ``or an examiner'' after 
     ``trustee''.
       On page 167, after line 21, insert the following:

     SEC. 435. TECHNICAL CORRECTION.

       Section 365(b)(2)(D) of title 11, United States Code, is 
     amended by striking ``penalty rate or provision'' and 
     inserting ``penalty rate or penalty provision''.
       On page 183, line 20, strike all through line 13 on page 
     187.
       On page 187, line 14, strike ``703'' and insert ``702''.
       On page 187, line 20, strike ``704'' and insert ``703''.
       On page 189, line 9, strike ``705'' and insert ``704''.
       On page 190, line 13, strike ``706'' and insert ``705''.
       On page 190, line 17, strike ``707'' and insert ``706''.
       On page 190, line 22, strike ``708'' and insert ``707''.
       On page 191, line 8, strike ``709'' and insert ``708''.
       On page 192, line 3, strike ``710'' and insert ``709''.
       On page 193, line 13, strike ``711'' and insert ``710''.
       On page 193, line 21, strike ``712'' and insert ``711''.
       On page 196, line 1, strike ``713'' and insert ``712''.
       On page 196, line 11, strike ``714'' and insert ``713''.
       On page 197, line 12, strike ``715'' and insert ``714''.
       On page 197, line 15, strike ``703'' and insert ``702''.
       On page 197, line 18, strike ``716'' and insert ``715''.
       On page 201, line 3, insert a semicolon after 
     ``following''.
       On page 202, line 4, strike ``717'' and insert ``716''.
       On page 202, line 18, strike ``718'' and insert ``717''.
       On page 248, line 15, strike ``718'' and insert ``717''.
       On page 266, line 13, insert ``AND FAMILY FISHERMEN'' after 
     ``FARMERS''.
       On page 268, insert between lines 16 and 17 the following:

     SEC. 1005. FAMILY FISHERMEN.

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

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

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

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

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

[[Page 28729]]

       (d) Clerical Amendments.--
       (1) Table of chapters.--In the table of chapters for title 
     11, United States Code, the item relating to chapter 12, is 
     amended to read as follows:

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

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

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

       On page 277, line 22, insert ``(a) In general.--'' before 
     ``Section''.
       On page 279, between lines 12 and 13, insert the following:
       (b) Debt.--Section 803(5) of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692a(5)) is amended to read as 
     follows:
       ``(5) The term `debt' means any obligation or alleged 
     obligation of a consumer to pay money arising out of a 
     transaction involving an offer of credit, as defined in 
     section 103(e) of the Truth in Lending Act (15 U.S.C. 
     1602(e)), in which the money, property, insurance, or 
     services which are the subject of the transaction are 
     primarily for personal, family, or household, purposes, 
     whether or not such obligation has been reduced to 
     judgment.''.
       On page 281, line 21, strike ``714'' and insert ``713''.
       Beginning on page 292, strike line 10 and all that follows 
     through page 294, line 11.
       On page 294, insert between lines 11 and 12 the following:

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

       (a) Actions Under Chapter 7 or 13 of Title 11, United 
     States Code.--Section 1930(a) of title 28, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) For a case commenced--
       ``(A) under chapter 7 of title 11, $160; or
       ``(B) under chapter 13 of title 11, $150.''.
       (b) United States Trustee System Fund.--Section 589a(b) of 
     title 28, United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1)(A) 46.88 percent of the fees collected under section 
     1930(a)(1)(A) of this title in cases commenced under chapter 
     7 of title 11; and
       ``(B) 73.33 percent of the fees collected under section 
     1930(a)(1)(B) of this title in cases commenced under chapter 
     13 of title 11;'';
       (2) in paragraph (2) by striking ``one-half'' and inserting 
     ``three-fourths''; and
       (3) in paragraph (4) by striking ``one-half'' and inserting 
     ``100 percent''.
       (c) Collection and Deposit of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking ``pursuant 
     to 28 U.S.C. section 1930(b) and 30.76 per centum of the fees 
     hereafter collected under 28 U.S.C. section 1930(a)(1) and 25 
     percent of the fees hereafter collected under 28 U.S.C. 
     section 1930(a)(3) shall be deposited as offsetting receipts 
     to the fund established under 28 U.S.C. section 1931'' and 
     inserting ``under section 1930(b) of title 28, United States 
     Code, and 25 percent of the fees collected under section 
     1930(a)(1)(A) of that title, 26.67 percent of the fees 
     collected under section 1930(a)(1)(B) of that title, and 25 
     percent of the fees collected under section 1930(a)(3) of 
     that title shall be deposited as offsetting receipts to the 
     fund established under section 1931 of that title''.
       (d) Rights and Powers of the Trustee.--Section 546(c) of 
     title 11, United States Code, is amended to read as follows:
       ``(c)(1) Except as provided in subsection (d) of this 
     section, and except as provided in subsection (c) of section 
     507, the rights and powers of the trustee under sections 
     544(a), 545, 547, and 549 are subject to the right of a 
     seller of goods that has sold goods to the debtor, in the 
     ordinary course of the business of the seller, to reclaim 
     such goods if the debtor has received such goods within 45 
     days prior to the commencement of a case under this title, 
     but such seller may not reclaim any such goods unless the 
     seller demands in writing the reclamation of such goods--
       ``(A) before 45 days after the date of receipt of such 
     goods by the debtor; or
       ``(B) if such 45-day period expires after the commencement 
     of the case, before 20 days after the date of commencement of 
     the case.
       ``(2) Notwithstanding the failure of the seller to provide 
     notice in a manner consistent with this subsection, the 
     seller shall be entitled to assert the rights established in 
     section 503(b)(7) of this title.''.
       (e) Administrative Expenses.--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 invoice price of any goods received by the debtor 
     within 20 days of the date of filing of a case under this 
     title where the goods have been sold to the debtor in the 
     ordinary course of such seller's business.''.
                                 ______
                                 

                  KOHL (AND OTHERS) AMENDMENT NO. 2516

  Mr. KOHL (for himself, Mr. Sessions, and Mr. Grassley) proposed an 
amendment to the bill, S. 625, supra; as follows:

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

     SEC. 3__. LIMITATION.

       Section 522 of title 11, United States Code, as amended by 
     sections 224 and 307 of this Act, is amended--
       (1) in subsection (b)(3)(A), by inserting ``subject to 
     subsection (n),'' before ``any property''; and
       (2) by adding at the end the following:
       ``(n)(1) Except as provided in paragraph (2), as a result 
     of electing under subsection (b)(3)(A) to exempt property 
     under State or local law, a debtor may not exempt any amount 
     of interest that exceeds in the aggregate $100,000 in value 
     in--
       ``(A) real or personal property that the debtor or a 
     dependent of the debtor uses as a residence;
       ``(B) a cooperative that owns property that the debtor or a 
     dependent of the debtor uses as a residence; or
       ``(C) a burial plot for the debtor or a dependent of the 
     debtor.
       ``(2) The limitation under paragraph (1) shall not apply to 
     an exemption claimed under subsection (b)(3)(A) by a family 
     farmer for the principal residence of that farmer.''.
                                 ______
                                 

                      SARBANES AMENDMENT NO. 2517

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

       At the appropriate place, insert the following:
                 TITLE __--CONSUMER CREDIT DISCLOSURES

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Consumer Credit Act of 
     1999''.

     SEC. __02. ENHANCED DISCLOSURES UNDER AN OPEN END CONSUMER 
                   CREDIT PLAN.

       (a) Repayment Terms.--Section 127(b) of the Truth in 
     Lending Act (15 U.S.C. 1637(b)) is amended by adding at the 
     end the following:
       ``(11)(A) Repayment information that would apply to the 
     outstanding balance of the consumer under the credit plan, 
     including--
       ``(i) the required minimum monthly payment on that balance, 
     represented as both a dollar figure and as a percentage of 
     that balance;
       ``(ii) the number of months (rounded to the nearest month) 
     that it would take to pay the entire amount of that balance, 
     if the consumer pays only the required minimum monthly 
     payments and if no further advances are made;
       ``(iii) the total cost to the consumer, including interest 
     and principal payments, of paying that balance in full, if 
     the consumer pays only the required minimum monthly payments 
     and if no further advances are made; and
       ``(iv) the monthly payment amount that would be required 
     for the consumer to eliminate the outstanding balance in 36 
     months if no further advances are made.
       ``(B)(i) Subject to clause (ii), in making the disclosures 
     under subparagraph (A) the creditor shall apply the interest 
     rate in effect on the date on which the disclosure is made 
     until the date on which the balance would be paid in full.
       ``(ii) If the interest rate in effect on the date on which 
     the disclosure is made is a temporary rate that will change 
     under a contractual provision applying an index or formula 
     for subsequent interest rate adjustment, the creditor shall 
     apply the interest rate in effect on the date on which the 
     disclosure is made for as long as that interest rate will 
     apply under that contractual provision, and then apply an 
     interest rate based on the index or formula in effect on the 
     applicable billing date.''.
       (b) Publication of Model Forms.--Not later than 180 days 
     after the date of enactment of this Act, the Board of 
     Governors of the Federal Reserve System shall publish model 
     disclosure forms in accordance with section 105 of the Truth 
     in Lending Act for the purpose of compliance with section 
     127(b)(11) of the Truth in Lending Act, as added by this 
     section.

     SEC. __03. CREDIT CARD SECURITY INTERESTS UNDER AN OPEN END 
                   CONSUMER CREDIT PLAN.

       (a) In General.--Section 127 of the Truth in Lending Act 
     (15 U.S.C. 1637) is amended by adding at the end the 
     following:
       ``(h) Security Interests Created Under an Open End Consumer 
     Credit Plan.--During the period of an open end consumer 
     credit plan, if the creditor of that plan obtains a security 
     interest in personal property purchased using that credit 
     plan, the creditor shall provide to the consumer, at the time 
     of purchase, a written statement setting forth in a clear, 
     conspicuous, and easy to read format the following 
     information:

[[Page 28730]]

       ``(1) The property in which the creditor will receive a 
     security interest.
       ``(2) The nature of the security interest taken.
       ``(3) The method or methods of enforcement of that security 
     interest available to the creditor in the event of nonpayment 
     of the plan balance.
       ``(4) The method in which payments made on the credit plan 
     balance will be credited against the security interest taken 
     on the property.
       ``(5) The following statement: `This property is subject to 
     a security agreement. You must not dispose of the property 
     purchased in any way, including by gift, until the balance on 
     this account is fully paid.' ''.
       (b) Publication of Model Forms.--Not later than 180 days 
     after the date of enactment of this Act, the Board of 
     Governors of the Federal Reserve System shall publish model 
     disclosure forms in accordance with section 105 of the Truth 
     in Lending Act for the purpose of compliance with section 
     127(h) of the Truth in Lending Act, as added by this section.

     SEC. __04. STATISTICS TO BE REPORTED TO BOARD OF GOVERNORS OF 
                   FEDERAL RESERVE SYSTEM AND TO CONGRESS.

       Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is 
     amended by adding at the end the following:
       ``(i) Reports to the Board and to Congress.--
       ``(1) Reports to the board.--Any creditor making advances 
     under an open end credit plan shall, using model forms 
     developed and published by the Board, annually submit to the 
     Board a report, which shall include--
       ``(A) the total number of open end credit plan 
     solicitations made to consumers;
       ``(B) the total amount of credit (in dollars) offered to 
     consumers;
       ``(C) a statement of the average interest rates offered to 
     all borrowers in each of the previous 2 years;
       ``(D) the total amount of credit granted and the average 
     interest rate granted to persons under the age of 25; and
       ``(E) the total amount of debt written off voluntarily and 
     due to a bankruptcy discharge in each of the 2 years 
     preceding the date on which the report is submitted.
       ``(2) Reports to congress.--The Board shall annually 
     compile the information collected under paragraph (1) and 
     submit to the Committees on the Judiciary of the House of 
     Representatives and the Senate, the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, and the Committee 
     on Banking and Financial Services of the House of 
     Representatives, a report, which shall include--
       ``(A) aggregate data described subparagraphs (A) through 
     (E) of paragraph (1) for all creditors; and
       ``(B) individual data described in paragraph (1)(A) for 
     each of the top 50 creditors.''.

     SEC. __05. CIVIL LIABILITY.

       Section 130(a) of the Truth in Lending Act (15 U.S.C. 
     1640(a)) is amended, in the undesignated paragraph following 
     paragraph (4), by striking the second sentence and inserting 
     the following: ``In connection with the disclosures referred 
     to in subsections (a), (b), and (h) of section 127, a 
     creditor shall have a liability determined under paragraph 
     (2) only for failing to comply with the requirements of 
     section 125, 127(a), paragraph (4), (5), (6), (7), (8), (9), 
     (10), or (11) of section 127(b), or section 127(h), or for 
     failing to comply with disclosure requirements under State 
     law for any term or item that the Board has determined to be 
     substantially the same in meaning under section 111(a)(2) as 
     any of the terms or items referred to in section 127(a), 
     paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of 
     section 127(b), or section 127(h).''.

     SEC. __06. TREATMENT UNDER BANKRUPTCY LAW.

       (a) Exceptions to Discharge.--Section 523(a) of title 11, 
     United States Code, is amended by adding at the end the 
     following:
     ``The exception under subparagraphs (A) and (C) of paragraph 
     (2) shall not apply to any claim made by a creditor who has 
     failed to make the disclosures required under section 127(h) 
     of the Truth in Lending Act in connection with such claim, 
     unless a creditor required to make such disclosures files 
     with the court, within 90 days of the date of order for 
     relief, a proof of claim accompanied by a copy of such 
     disclosures that is signed and dated by the debtor.''.
       (b) Reaffirmation.--Section 524(c) 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) in a case concerning a creditor obligated to make the 
     disclosures required under section 127(h) of the Truth in 
     Lending Act, the agreement contains a copy of such 
     disclosures that is signed and dated by the debtor.''.
                                 ______
                                 

                SESSIONS (AND OTHERS) AMENDMENT NO. 2518

  Mr. SESSIONS (for himself, Mr. Kohl, and Mr. Grassley) proposed an 
amendment No. 2516 proposed by Mr. Kohl to the bill, S. 625, supra; as 
follows:

       In the amendment strike all after the first word and insert 
     the following:

     3__. LIMITATION.

       (a) Exemptions.--Section 522 of title 11, United States 
     Code, as amended by sections 224 and 307 of this Act, is 
     amended--
       (1) in subsection (b)(3)(A), by inserting ``subject to 
     subsection (n),'' before ``any property''; and
       (2) by adding at the end the following:
       ``(n)(1) Except as provided in paragraph (2), as a result 
     of electing under subsection (b)(3)(A) to exempt property 
     under State or local law, a debtor may not exempt any amount 
     of interest that exceeds in the aggregate $100,000 in value 
     in--
       ``(A) real or personal property that the debtor or a 
     dependent of the debtor uses as a residence;
       ``(B) a cooperative that owns property that the debtor or a 
     dependent of the debtor uses as a residence; or
       ``(C) a burial plot for the debtor or a dependent of the 
     debtor.
       ``(2) The limitation under paragraph (1) shall not apply to 
     an exemption claimed under subsection (b)(3)(A) by a family 
     farmer for the principal residence of that farmer.''.
       (b) Adjustment of Dollar Amounts.--Section 104(b) of title 
     11, United States Code, is amended--
       (1) in paragraph (1), by striking ``522(d),'' and inserting 
     ``522 (d) or (n),''; and
       (2) in paragraph (3), by striking ``522(d),'' and inserting 
     ``522 (d) or (n),''.
                                 ______
                                 

                COLLINS (AND OTHERS) AMENDMENT NO. 2519

  (Ordered to lie on the table.)
  Ms. COLLINS (for herself, Mr. Kerry, Mrs. Murray, Mr. Stevens, and 
Mr. Kennedy) submitted an amendment intended to be proposed by them to 
the bill, S. 625, supra; as follows:

       At the appropriate place insert the following:

     SEC. __. FAMILY FISHERMEN.

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

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

       ``(ii)(I) more than 80 percent of the value of its assets 
     consists of assets related to the commercial fishing 
     operation;
       ``(II) its aggregate debts do not exceed $1,500,000 and not 
     less than 80 percent of its aggregate noncontingent, 
     liquidated debts (excluding a debt for 1 dwelling which is 
     owned by such corporation or partnership and which a 
     shareholder or partner maintains as a principal residence, 
     unless such debt arises out of a commercial fishing 
     operation), on the date the case is filed, arise out of a 
     commercial fishing operation owned or operated by such 
     corporation or such partnership; and
       ``(III) if such corporation issues stock, such stock is not 
     publicly traded;''; and
       (3) by inserting after paragraph (19A) the following:
       ``(19B) `family fisherman with regular annual income' means 
     a family fisherman

[[Page 28731]]

     whose annual income is sufficiently stable and regular to 
     enable such family fisherman to make payments under a plan 
     under chapter 12 of this title;''.
       (b) Who May Be a Debtor.--Section 109(f) of title 11, 
     United States Code, is amended by inserting ``or family 
     fisherman'' after ``family farmer''.
       (c)  Chapter 12.--Chapter 12 of title 11, United States 
     Code, is amended--
       (1) in the chapter heading, by inserting ``OR FISHERMAN'' 
     after ``FAMILY FARMER'';
       (2) in section 1201, by adding at the end the following:
       ``(e)(1) Notwithstanding any other provision of law, for 
     purposes of this subsection, a guarantor of a claim of a 
     creditor under this section shall be treated in the same 
     manner as a creditor with respect to the operation of a stay 
     under this section.
       ``(2) For purposes of a claim that arises from the 
     ownership or operation of a commercial fishing operation, a 
     co-maker of a loan made by a creditor under this section 
     shall be treated in the same manner as a creditor with 
     respect to the operation of a stay under this section.'';
       (3) in section 1203, by inserting ``or commercial fishing 
     operation'' after ``farm'';
       (4) in section 1206, by striking ``if the property is 
     farmland or farm equipment'' and inserting ``if the property 
     is farmland, farm equipment, or property of a commercial 
     fishing operation (including a commercial fishing vessel)''; 
     and
       (5) by adding at the end the following:

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

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

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

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

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

       (e) Applicability.--
       Nothing in this section shall change, affect, or amend the 
     Fishery Conservation and Management Act of 1976 (16 U.S.C. 
     1801, et seq.).
                                 ______
                                 

                      McCONNELL AMENDMENT NO. 2520

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

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

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

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

                       DURBIN AMENDMENT NO. 2521

  Mr. FEINGOLD (for Mr. Durbin) proposed an amendment to the bill, S. 
625, supra; as follows:

       On page 29, after line 22, add the following:

     SEC. 205. DISCOURAGING PREDATORY LENDING PRACTICES.

       Section 502(b) of title 11, United States Code is amended--
       (1) in paragraph (8), by striking ``or'' at the end:
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``;or'' and
       (3) by adding at the end the following:
       ``(10) the claim is based on a secured debt, if the 
     creditor has materially failed to comply with any applicable 
     requirement under section (c), (d), (e), (f), (g), (h), or 
     (i) of section 129 of the Truth in Lending Act (15 U.S.C. 
     1639).''
       On page 201, line 3 strike ``period at the end'' and insert 
     ``semicolon''.
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 2522

  Mr. FEINGOLD proposed an amendment to the bill, S. 625, supra; as 
follows:

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

                       JOHNSON AMENDMENT NO. 2523

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

       At the appropriate place, insert the following new section:

     SEC.  . TREATMENT OF FEDERAL COMMUNICATIONS COMMISSION 
                   LICENSES OR PERMITS IN BANKRUPTCY PROCEEDINGS.

       Section 309(j)(8) of the Communications Act of 1934 is 
     amended by adding new paragraph (D) as follows:
       ``(D) Protection of interests.--
       ``(i) Title 11, United States Code, or any otherwise 
     applicable Federal or state law regarding insolvencies or 
     receiverships, or any succeeding Federal law not expressly in 
     derogation of this subsection, shall not apply to or be 
     construed to apply to the Commission or limit the rights, 
     powers, or duties of the Commission with respect to (a) a 
     license or permit issued by the Commission under this 
     subsection or a payment made to or a debt or other obligation 
     owed to the Commission relating to or rising from such a 
     license or permit, (b) an interest of the Commission in 
     property securing such a debt or other obligation, or (c) an 
     act by the Commission to issue, deny, cancel, or transfer 
     control of such a license or permit.
       ``(ii) Notwithstanding otherwise applicable law, the 
     Commission shall be deemed to have a perfected, first 
     priority security interest in a license or construction 
     permit issued by the Commission under this subsection and the 
     proceeds of such a license or permit for which a debt or 
     other obligation is owed to the Commission under this 
     subsection.
       ``(iii) This paragraph shall apply retroactively, including 
     to pending cases and proceedings whether on appeal or 
     otherwise.''.
                                 ______
                                 

                     GRAMM AMENDMENT NOS. 2524-2526

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

                           Amendment No. 2524

       Strike the matter proposed and insert the following:

     SEC. __. MAXIMUM HOMESTEAD EXEMPTION.

       Section 522 of title 11, United States Code, as amended by 
     section 308 of this Act, is amended--
       (1) in subsection (b)(3)(A), by striking ``subsection (n)'' 
     and inserting ``subsections (n) and (o)''; and
       (2) by adding at the end the following:
       ``(o) Notwithstanding any other provision of law, for 
     purposes of subsection (b)(3)(A), the maximum exemption under 
     applicable State law from the property of the estate of a 
     debtor of the value of an interest of the debtor in any real 
     or personal property or cooperative described in paragraph 
     (1) or (2) of subsection (n) shall not exceed $100,000, if 
     the debtor acquired the interest--
       ``(1) during the 2-year period preceding the date of the 
     filing of the petition; and
       ``(2) no such exemption shall be available during the 5-
     year period preceding the date of the filing of the petition 
     with the intent to hinder, delay, or defraud a creditor.''.
                                  ____


                           Amendment No. 2525

       At the appropriate place, insert the following:

     SEC. __. MAXIMUM HOMESTEAD EXEMPTION.

       Section 522 of title 11, United States Code, as amended by 
     section 308 of this Act, is amended--

[[Page 28732]]

       (1) in subsection (b)(3)(A), by striking ``subsection (n)'' 
     and inserting ``subsections (n) and (o)''; and
       (2) by adding at the end the following:
       ``(o) Notwithstanding any other provision of law, for 
     purposes of subsection (b)(3)(A), the maximum exemption under 
     applicable State law from the property of the estate of a 
     debtor of the value of an interest of the debtor in any real 
     or personal property or cooperative described in paragraph 
     (1) or (2) of subsection (n) shall not exceed $100,000, if 
     the debtor acquired the interest--
       ``(1) during the 2-year period preceding the date of the 
     filing of the petition; or
       ``(2) during the 5-year period preceding the date of the 
     filing of the petition with the intent to hinder, delay, or 
     defraud a creditor.''.
                                  ____


                           Amendment No. 2526

       At the appropriate place, insert the following:

     SEC. __. MAXIMUM HOMESTEAD EXEMPTION.

       Section 522 of title 11, United States Code, as amended by 
     section 308 of this Act, is amended--
       (1) in subsection (b)(3)(A), by striking ``subsection (n)'' 
     and inserting ``subsections (n) and (o)''; and
       (2) by adding at the end the following:
       ``(o) Notwithstanding any other provision of law, for 
     purposes of subsection (b)(3)(A), the maximum exemption under 
     applicable State law from the property of the estate of a 
     debtor of the value of an interest of the debtor in any real 
     or personal property or cooperative described in paragraph 
     (1) or (2) of subsection (n) shall not exceed $100,000, if 
     the debtor acquired the interest--
       ``(1) during the 2-year period preceding the date of the 
     filing of the petition; and
       ``(2) no such exemption shall be available during the 5-
     year period preceding the date of the filing of the petition 
     with the intent to hinder, delay, or defraud a creditor.''.
                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 2527

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

       At the appropriate place, insert the following new title:

       TITLE __--METHAMPHETAMINE AND OTHER CONTROLLED SUBSTANCES

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Methamphetamine Anti-
     Proliferation Act of 1999''.

     Subtitle A--Methamphetamine Production, Trafficking, and Abuse

                     CHAPTER 1--CRIMINAL PENALTIES

     SEC. __11. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY 
                   OPERATORS.

       (a) Amendment to Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994(p) of title 28, United 
     States Code, the United States Sentencing Commission shall 
     amend the Federal sentencing guidelines in accordance with 
     this section with respect to any offense relating to the 
     manufacture, importation, exportation, or trafficking in 
     amphetamine (including an attempt or conspiracy to do any of 
     the foregoing) in violation of--
       (1) the Controlled Substances Act (21 U.S.C. 801 et seq.);
       (2) the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.); or
       (3) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
     1901 et seq.).
       (b) General Requirement.--In carrying out this section, the 
     United States Sentencing Commission shall, with respect to 
     each offense described in subsection (a) relating to 
     amphetamine--
       (1) review and amend its guidelines to provide for 
     increased penalties such that those penalties are comparable 
     to the base offense level for methamphetamine; and
       (2) take any other action the Commission considers 
     necessary to carry out this subsection.
       (c) Additional Requirements.--In carrying out this section, 
     the United States Sentencing Commission shall ensure that the 
     sentencing guidelines for offenders convicted of offenses 
     described in subsection (a) reflect the heinous nature of 
     such offenses, the need for aggressive law enforcement action 
     to fight such offenses, and the extreme dangers associated 
     with unlawful activity involving amphetamines, including--
       (1) the rapidly growing incidence of amphetamine abuse and 
     the threat to public safety that such abuse poses;
       (2) the high risk of amphetamine addiction;
       (3) the increased risk of violence associated with 
     amphetamine trafficking and abuse; and
       (4) the recent increase in the illegal importation of 
     amphetamine and precursor chemicals.
       (d) Emergency Authority to Sentencing Commission.--The 
     United States Sentencing Commission shall promulgate 
     amendments pursuant to this section as soon as practicable 
     after the date of the enactment of this Act in accordance 
     with the procedure set forth in section 21(a) of the 
     Sentencing Act of 1987 (Public Law 100-182), as though the 
     authority under that Act had not expired.

     SEC. __12. ENHANCED PUNISHMENT OF AMPHETAMINE OR 
                   METHAMPHETAMINE LABORATORY OPERATORS.

       (a) Federal Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall amend the Federal sentencing 
     guidelines in accordance with paragraph (2) with respect to 
     any offense relating to the manufacture, attempt to 
     manufacture, or conspiracy to manufacture amphetamine or 
     methamphetamine in violation of--
       (A) the Controlled Substances Act (21 U.S.C. 801 et seq.);
       (B) the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.); or
       (C) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
     1901 et seq.).
       (2) Requirements.--In carrying out this paragraph, the 
     United States Sentencing Commission shall--
       (A) if the offense created a substantial risk of harm to 
     human life (other than a life described in subparagraph (B)) 
     or the environment, increase the base offense level for the 
     offense--
       (i) by not less than 3 offense levels above the applicable 
     level in effect on the date of the enactment of this Act; or
       (ii) if the resulting base offense level after an increase 
     under clause (i) would be less than level 27, to not less 
     than level 27; or
       (B) if the offense created a substantial risk of harm to 
     the life of a minor or incompetent, increase the base offense 
     level for the offense--
       (i) by not less than 6 offense levels above the applicable 
     level in effect on the date of the enactment of this Act; or
       (ii) if the resulting base offense level after an increase 
     under clause (i) would be less than level 30, to not less 
     than level 30.
       (3) Emergency authority to sentencing commission.--The 
     United States Sentencing Commission shall promulgate 
     amendments pursuant to this subsection as soon as practicable 
     after the date of enactment of this Act in accordance with 
     the procedure set forth in section 21(a) of the Sentencing 
     Act of 1987 (Public Law 100-182), as though the authority 
     under that Act had not expired.
       (b) Effective Date.--The amendments made pursuant to this 
     section shall apply with respect to any offense occurring on 
     or after the date that is 60 days after the date of enactment 
     of this Act.

     SEC. __13. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED 
                   SUBSTANCES ACT AND CONTROLLED SUBSTANCES IMPORT 
                   AND EXPORT ACT RELATING TO AMPHETAMINE AND 
                   METHAMPHETAMINE.

       (a) Mandatory Restitution.--Section 413(q) of the 
     Controlled Substances Act (21 U.S.C. 853(q)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``may'' and inserting ``shall'';
       (2) by inserting ``amphetamine or'' before 
     ``methamphetamine'' each place it appears;
       (3) in paragraph (2)--
       (A) by inserting ``, the State or local government 
     concerned, or both the United States and the State or local 
     government concerned'' after ``United States'' the first 
     place it appears; and
       (B) by inserting ``or the State or local government 
     concerned, as the case may be,'' after ``United States'' the 
     second place it appears; and
       (4) in paragraph (3), by striking ``section 3663 of title 
     18, United States Code'' and inserting ``section 3663A of 
     title 18, United States Code''.
       (b) Deposit of Amounts in Department of Justice Assets 
     Forfeiture Fund.--Section 524(c)(4) of title 28, United 
     States Code, is amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) all amounts collected--
       ``(i) by the United States pursuant to a reimbursement 
     order under paragraph (2) of section 413(q) of the Controlled 
     Substances Act (21 U.S.C. 853(q)); and
       ``(ii) pursuant to a restitution order under paragraph (1) 
     or (3) of section 413(q) of the Controlled Substances Act for 
     injuries to the United States.''.
       (c) Clarification of Certain Orders of Restitution.--
     Section 3663(c)(2)(B) of title 18, United States Code, is 
     amended by inserting ``which may be'' after ``the fine''.
       (d) Expansion of Applicability of Mandatory Restitution.--
     Section 3663A(c)(1)(A)(ii) of title 18, United States Code, 
     is amended by inserting ``or under section 416(a) of the 
     Controlled Substances Act (21 U.S.C. 856(a)),'' after ``under 
     this title,''.
       (e) Treatment of Illicit Substance Manufacturing Operations 
     as Crimes Against Property.--Section 416 of the Controlled 
     Substances Act (21 U.S.C. 856) is amended by adding at the 
     end the following new subsection:
       ``(c) A violation of subsection (a) shall be considered an 
     offense against property for purposes of section 
     3663A(c)(1)(A)(ii) of title 18, United States Code.''.

[[Page 28733]]



     SEC. __14. METHAMPHETAMINE PARAPHERNALIA.

       Section 422(d) of the Controlled Substances Act (21 U.S.C. 
     863(d)) is amended in the matter preceding paragraph (1) by 
     inserting ``methamphetamine,'' after ``PCP,''.

                  CHAPTER 2--ENHANCED LAW ENFORCEMENT

     SEC. __21. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL 
                   MANUFACTURE OF AMPHETAMINE AND METHAMPHETAMINE.

       (a) Use of Amounts or Department of Justice Assets 
     Forfeiture Fund.--Section 524(c)(1)(E) of title 28, United 
     States Code, is amended--
       (1) by inserting ``(i) for'' before ``disbursements'';
       (2) by inserting ``and'' after the semicolon; and
       (3) by adding at the end the following:
       ``(ii) for payment for--
       ``(I) costs incurred by or on behalf of the Department of 
     Justice in connection with the removal, for purposes of 
     Federal forfeiture and disposition, of any hazardous 
     substance or pollutant or contaminant associated with the 
     illegal manufacture of amphetamine or methamphetamine; and
       ``(II) costs incurred by or on behalf of a State or local 
     government in connection with such removal in any case in 
     which such State or local government has assisted in a 
     Federal prosecution relating to amphetamine or 
     methamphetamine, to the extent such costs exceed equitable 
     sharing payments made to such State or local government in 
     such case;''.
       (b) Grants Under Drug Control and System Improvement Grant 
     Program.--Section 501(b)(3) of the Omnibus Crime Control and 
     Safe Streets Act of 1968 is amended by inserting before the 
     semicolon the following: ``and to remove any hazardous 
     substance or pollutant or contaminant associated with the 
     illegal manufacture of amphetamine or methamphetamine''.
       (c) Amounts Supplement and Not Supplant.--
       (1) Assets forfeiture fund.--Any amounts made available 
     from the Department of Justice Assets Forfeiture Fund in a 
     fiscal year by reason of the amendment made by subsection (a) 
     shall supplement, and not supplant, any other amounts made 
     available to the Department of Justice in such fiscal year 
     from other sources for payment of costs described in section 
     524(c)(1)(E)(ii) of title 28, United States Code, as so 
     amended.
       (2) Grant program.--Any amounts made available in a fiscal 
     year under the grant program under section 501(b)(3) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 for the 
     removal of hazardous substances or pollutants or contaminants 
     associated with the illegal manufacture of amphetamine or 
     methamphetamine by reason of the amendment made by subsection 
     (b) shall supplement, and not supplant, any other amounts 
     made available in such fiscal year from other sources for 
     such removal.

     SEC. __22. REDUCTION IN RETAIL SALES TRANSACTION THRESHOLD 
                   FOR NON-SAFE HARBOR PRODUCTS CONTAINING 
                   PSEUDOEPHEDRINE OR PHENLYPROPANOLAMINE.

       (a) Reduction in Transaction Threshold.--Section 
     102(39)(A)(iv)(II) of the Controlled Substances Act (21 
     U.S.C. 802(39)(A)(iv)(II) is amended--
       (1) by striking ``24 grams'' both places it appears and 
     inserting ``9 grams''; and
       (2) by inserting before the semicolon at the end the 
     following: ``and sold in package sizes of not more than 3 
     grams of pseudoephedrine base or 3 grams of 
     phenylpropanolamine base''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect one year after the date of the enactment of 
     this Act.

     SEC. __23. TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND 
                   STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
                   RELATING TO CLANDESTINE LABORATORIES.

       (a) In General.--
       (1) Requirement.--The Administrator of the Drug Enforcement 
     Administration shall carry out the programs described in 
     subsection (b) with respect to the law enforcement personnel 
     of States and localities determined by the Administrator to 
     have significant levels of methamphetamine-related or 
     amphetamine-related crime or projected by the Administrator 
     to have the potential for such levels of crime in the future.
       (2) Duration.--The duration of any program under that 
     subsection may not exceed 3 years.
       (b) Covered Programs.--The programs described in this 
     subsection are as follows:
       (1) Advanced mobile clandestine laboratory training 
     teams.--A program of advanced mobile clandestine laboratory 
     training teams, which shall provide information and training 
     to State and local law enforcement personnel in techniques 
     utilized in conducting undercover investigations and 
     conspiracy cases, and other information designed to assist in 
     the investigation of the illegal manufacturing and 
     trafficking of amphetamine and methamphetamine.
       (2) Basic clandestine laboratory certification training.--A 
     program of basic clandestine laboratory certification 
     training, which shall provide information and training--
       (A) to Drug Enforcement Administration personnel and State 
     and local law enforcement personnel for purposes of enabling 
     such personnel to meet any certification requirements under 
     law with respect to the handling of wastes created by illegal 
     amphetamine and methamphetamine laboratories; and
       (B) to State and local law enforcement personnel for 
     purposes of enabling such personnel to provide the 
     information and training covered by subparagraph (A) to other 
     State and local law enforcement personnel.
       (3) Clandestine laboratory recertification and awareness 
     training.--A program of clandestine laboratory 
     recertification and awareness training, which shall provide 
     information and training to State and local law enforcement 
     personnel for purposes of enabling such personnel to provide 
     recertification and awareness training relating to 
     clandestine laboratories to additional State and local law 
     enforcement personnel.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2000, 2001, and 
     2002 amounts as follows:
       (1) $1,500,000 to carry out the program described in 
     subsection (b)(1).
       (2) $3,000,000 to carry out the program described in 
     subsection (b)(2).
       (3) $1,000,000 to carry out the program described in 
     subsection (b)(3).

     SEC. __24. COMBATTING METHAMPHETAMINE AND AMPHETAMINE IN HIGH 
                   INTENSITY DRUG TRAFFICKING AREAS.

       (a) In General.--
       (1) In general.--The Director of National Drug Control 
     Policy shall use amounts available under this section to 
     combat the trafficking of methamphetamine and amphetamine in 
     areas designated by the Director as high intensity drug 
     trafficking areas.
       (2) Activities.--In meeting the requirement in paragraph 
     (1), the Director shall provide funds for--
       (A) employing additional Federal law enforcement personnel, 
     or facilitating the employment of additional State and local 
     law enforcement personnel, including agents, investigators, 
     prosecutors, laboratory technicians, chemists, investigative 
     assistants, and drug-prevention specialists; and
       (B) such other activities as the Director considers 
     appropriate.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $15,000,000 for fiscal year 2000; and
       (2) such sums as may be necessary for each of fiscal years 
     2001 through 2004.
       (c) Apportionment of Funds.--
       (1) Factors in apportionment.--The Director shall apportion 
     amounts appropriated for a fiscal year pursuant to the 
     authorization of appropriations in subsection (b) for 
     activities under subsection (a) among and within areas 
     designated by the Director as high intensity drug trafficking 
     areas based on the following factors:
       (A) The number of methamphetamine manufacturing facilities 
     and amphetamine manufacturing facilities discovered by 
     Federal, State, or local law enforcement officials in the 
     previous fiscal year.
       (B) The number of methamphetamine prosecutions and 
     amphetamine prosecutions in Federal, State, or local courts 
     in the previous fiscal year.
       (C) The number of methamphetamine arrests and amphetamine 
     arrests by Federal, State, or local law enforcement officials 
     in the previous fiscal year.
       (D) The amounts of methamphetamine, amphetamine, or listed 
     chemicals (as that term is defined in section 102(33) of the 
     Controlled Substances Act (21 U.S.C. 802(33)) seized by 
     Federal, State, or local law enforcement officials in the 
     previous fiscal year.
       (E) Intelligence and predictive data from the Drug 
     Enforcement Administration and the Department of Health and 
     Human Services showing patterns and trends in abuse, 
     trafficking, and transportation in methamphetamine, 
     amphetamine, and listed chemicals (as that term is so 
     defined).
       (2) Certification.--Before the Director apportions any 
     funds under this subsection to a high intensity drug 
     trafficking area, the Director shall certify that the law 
     enforcement entities responsible for clandestine 
     methamphetamine and amphetamine laboratory seizures in that 
     area are providing laboratory seizure data to the national 
     clandestine laboratory database at the El Paso Intelligence 
     Center.
       (d) Limitation on Administrative Costs.--Not more than 5 
     percent of the amount appropriated in a fiscal year pursuant 
     to the authorization of appropriations for that fiscal year 
     in subsection (b) may be available in that fiscal year for 
     administrative costs associated with activities under 
     subsection (a).

     SEC. __25. COMBATING AMPHETAMINE AND METHAMPHETAMINE 
                   MANUFACTURING AND TRAFFICKING.

       (a) Activities.--In order to combat the illegal 
     manufacturing and trafficking in amphetamine and 
     methamphetamine, the Administrator of the Drug Enforcement 
     Administration may--
       (1) assist State and local law enforcement in small and 
     mid-sized communities in all phases of investigations related 
     to such manufacturing and trafficking, including assistance 
     with foreign-language interpretation;

[[Page 28734]]

       (2) staff additional regional enforcement and mobile 
     enforcement teams related to such manufacturing and 
     trafficking;
       (3) establish additional resident offices and posts of duty 
     to assist State and local law enforcement in rural areas in 
     combating such manufacturing and trafficking;
       (4) provide the Special Operations Division of the 
     Administration with additional agents and staff to collect, 
     evaluate, interpret, and disseminate critical intelligence 
     targeting the command and control operations of major 
     amphetamine and methamphetamine manufacturing and trafficking 
     organizations;
       (5) enhance the investigative and related functions of the 
     Chemical Control Program of the Administration to implement 
     more fully the provisions of the Comprehensive 
     Methamphetamine Control Act of 1996 (Public Law 104-237);
       (6) design an effective means of requiring an accurate 
     accounting of the import and export of list I chemicals, and 
     coordinate investigations relating to the diversion of such 
     chemicals;
       (7) develop a computer infrastructure sufficient to 
     receive, process, analyze, and redistribute time-sensitive 
     enforcement information from suspicious order reporting to 
     field offices of the Administration and other law enforcement 
     and regulatory agencies, including the continuing development 
     of the Suspicious Order Reporting and Tracking System (SORTS) 
     and the Chemical Transaction Database (CTRANS) of the 
     Administration;
       (8) establish an education, training, and communication 
     process in order to alert the industry to current trends and 
     emerging patterns in the illegal manufacturing of amphetamine 
     and methamphetamine; and
       (9) carry out such other activities as the Administrator 
     considers appropriate.
       (b) Additional Positions and Personnel.--
       (1) In general.--In carrying out activities under 
     subsection (a), the Administrator may establish in the 
     Administration not more than 50 full-time positions, 
     including not more than 31 special-agent positions, and may 
     appoint personnel to such positions.
       (2) Particular positions.--In carrying out activities under 
     paragraphs (5) through (8) of subsection (a), the 
     Administrator may establish in the Administration not more 
     than 15 full-time positions, including not more than 10 
     diversion investigator positions, and may appoint personnel 
     to such positions. Any positions established under this 
     paragraph are in addition to any positions established under 
     paragraph (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Drug Enforcement Administration 
     for each fiscal year after fiscal year 1999, $9,500,000 for 
     purposes of carrying out the activities authorized by 
     subsection (a) and employing personnel in positions 
     established under subsection (b), of which $3,000,000 shall 
     be available for activities under paragraphs (5) through (8) 
     of subsection (a) and employing personnel in positions 
     established under subsection (b)(2).

               CHAPTER 3--ABUSE PREVENTION AND TREATMENT

     SEC. __31. EXPANSION OF METHAMPHETAMINE RESEARCH.

       Section 464N of the Public Health Service Act (42 U.S.C. 
     285o-2) is amended by adding at the end the following:
       ``(c) Methamphetamine Research.--
       ``(1) Grants or cooperative agreements.--The Director of 
     the Institute may make grants or enter into cooperative 
     agreements to expand the current and on-going 
     interdisciplinary research and clinical trials with treatment 
     centers of the National Drug Abuse Treatment Clinical Trials 
     Network relating to methamphetamine abuse and addiction and 
     other biomedical, behavioral, and social issues related to 
     methamphetamine abuse and addiction.
       ``(2) Use of funds.--Amounts made available under a grant 
     or cooperative agreement under paragraph (1) for 
     methamphetamine abuse and addiction may be used for research 
     and clinical trials relating to--
       ``(A) the effects of methamphetamine abuse on the human 
     body, including the brain;
       ``(B) the addictive nature of methamphetamine and how such 
     effects differ with respect to different individuals;
       ``(C) the connection between methamphetamine abuse and 
     mental health;
       ``(D) the identification and evaluation of the most 
     effective methods of prevention of methamphetamine abuse and 
     addiction;
       ``(E) the identification and development of the most 
     effective methods of treatment of methamphetamine addiction, 
     including pharmacological treatments;
       ``(F) risk factors for methamphetamine abuse;
       ``(G) effects of methamphetamine abuse and addiction on 
     pregnant women and their fetuses; and
       ``(H) cultural, social, behavioral, neurological and 
     psychological reasons that individuals abuse methamphetamine, 
     or refrain from abusing methamphetamine.
       ``(3) Research results.--The Director shall promptly 
     disseminate research results under this subsection to 
     Federal, State and local entities involved in combating 
     methamphetamine abuse and addiction.
       ``(4) Authorization of appropriations.--
       ``(A) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1), such sums as 
     may be necessary for each fiscal year.
       ``(B) Supplement not supplant.--Amounts appropriated 
     pursuant to the authorization of appropriations in 
     subparagraph (A) for a fiscal year shall supplement and not 
     supplant any other amounts appropriated in such fiscal year 
     for research on methamphetamine abuse and addiction.''.

     SEC. __32. METHAMPHETAMINE AND AMPHETAMINE TREATMENT 
                   INITIATIVE BY CENTER FOR SUBSTANCE ABUSE 
                   TREATMENT.

       Subpart 1 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb et seq.) is amended by adding at the end 
     the following new section:


         ``methamphetamine and amphetamine treatment initiative

       ``Sec. 514. (a) Grants.--
       ``(1) Authority to make grants.--The Director of the Center 
     for Substance Abuse Treatment may make grants to States and 
     Indian tribes recognized by the United States that have a 
     high rate, or have had a rapid increase, in methamphetamine 
     or amphetamine abuse or addiction in order to permit such 
     States and Indian tribes to expand activities in connection 
     with the treatment of methamphetamine or amphetamine abuser 
     or addiction in the specific geographical areas of such 
     States or Indian tribes, as the case may be, where there is 
     such a rate or has been such an increase.
       ``(2) Recipients.--Any grants under paragraph (1) shall be 
     directed to the substance abuse directors of the States, and 
     of the appropriate tribal government authorities of the 
     Indian tribes, selected by the Director to receive such 
     grants.
       ``(3) Nature of activities.--Any activities under a grant 
     under paragraph (1) shall be based on reliable scientific 
     evidence of their efficacy in the treatment of 
     methamphetamine or amphetamine abuse or addiction.
       ``(b) Geographic Distribution.--The Director shall ensure 
     that grants under subsection (a) are distributed equitably 
     among the various regions of the country and among rural, 
     urban, and suburban areas that are affected by 
     methamphetamine or amphetamine abuse or addiction.
       ``(c) Additional Activities.--The Director shall--
       ``(1) evaluate the activities supported by grants under 
     subsection (a);
       ``(2) disseminate widely such significant information 
     derived from the evaluation as the Director considers 
     appropriate to assist States, Indian tribes, and private 
     providers of treatment services for methamphetamine or 
     amphetamine abuser or addiction in the treatment of 
     methamphetamine or amphetamine abuse or addiction; and
       ``(3) provide States, Indian tribes, and such providers 
     with technical assistance in connection with the provision of 
     such treatment.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $10,000,000 for fiscal year 2000 
     and such sums as may be necessary for each of fiscal years 
     2001 and 2002.
       ``(2) Use of certain funds.--Of the funds appropriated to 
     carry out this section in any fiscal year, the lesser of 5 
     percent of such funds or $1,000,000 shall be available to the 
     Director for purposes of carrying out subsection (c).''.

     SEC. __33. EXPANSION OF METHAMPHETAMINE ABUSE PREVENTION 
                   EFFORTS.

       (a) Expansion of Efforts.--Section 515 of the Public Health 
     Service Act (42 U.S.C. 290bb-21) is amended by adding at the 
     end the following:
       ``(e)(1) The Administrator may make grants to and enter 
     into contracts and cooperative agreements with public and 
     nonprofit private entities to enable such entities--
       ``(A) to carry out school-based programs concerning the 
     dangers of abuse of and addiction to methamphetamine and 
     other illicit drugs, using methods that are effective and 
     science-based, including initiatives that give students the 
     responsibility to create their own anti-drug abuse education 
     programs for their schools; and
       ``(B) to carry out community-based abuse and addiction 
     prevention programs relating to methamphetamine and other 
     illicit drugs that are effective and science-based.
       ``(2) Amounts made available under a grant, contract or 
     cooperative agreement under paragraph (1) shall be used for 
     planning, establishing, or administering prevention programs 
     relating to methamphetamine and other illicit drugs in 
     accordance with paragraph (3).
       ``(3)(A) Amounts provided under this subsection may be 
     used--
       ``(i) to carry out school-based programs that are focused 
     on those districts with high or increasing rates of 
     methamphetamine abuse and addiction and targeted at 
     populations which are most at risk to start abuse of 
     methamphetamine and other illicit drugs;
       ``(ii) to carry out community-based prevention programs 
     that are focused on those populations within the community 
     that are most at-risk for abuse of and addiction to 
     methamphetamine and other illicit drugs;

[[Page 28735]]

       ``(iii) to assist local government entities to conduct 
     appropriate prevention activities relating to methamphetamine 
     and other illicit drugs;
       ``(iv) to train and educate State and local law enforcement 
     officials, prevention and education officials, members of 
     community anti-drug coalitions and parents on the signs of 
     abuse of and addiction to methamphetamine and other illicit 
     drugs, and the options for treatment and prevention;
       ``(v) for planning, administration, and educational 
     activities related to the prevention of abuse of and 
     addiction to methamphetamine and other illicit drugs;
       ``(vi) for the monitoring and evaluation of prevention 
     activities relating to methamphetamine and other illicit 
     drugs, and reporting and disseminating resulting information 
     to the public; and
       ``(vii) for targeted pilot programs with evaluation 
     components to encourage innovation and experimentation with 
     new methodologies.
       ``(B) The Administrator shall give priority in making 
     grants under this subsection to rural and urban areas that 
     are experiencing a high rate or rapid increases in 
     methamphetamine abuse and addiction.
       ``(4)(A) Not less than $500,000 of the amount available in 
     each fiscal year to carry out this subsection shall be made 
     available to the Administrator, acting in consultation with 
     other Federal agencies, to support and conduct periodic 
     analyses and evaluations of effective prevention programs for 
     abuse of and addiction to methamphetamine and other illicit 
     drugs and the development of appropriate strategies for 
     disseminating information about and implementing these 
     programs.
       ``(B) The Administrator shall submit to the committees of 
     Congress referred to in subparagraph (C) an annual report 
     with the results of the analyses and evaluation under 
     subparagraph (A).
       ``(C) The committees of Congress referred to in this 
     subparagraph are the following:
       ``(i) The Committees on Health, Education, Labor, and 
     Pensions, the Judiciary, and Appropriations of the Senate.
       ``(ii) The Committees on Commerce, the Judiciary, and 
     Appropriations of the House of Representatives.''.
       (b) Authorization of Appropriations for Expansion of Abuse 
     Prevention Efforts and Practitioner Registration 
     Requirements.--There is authorized to be appropriated to 
     carry out section 515(e) of the Public Health Service Act (as 
     added by subsection (a)) and section 303(g)(2) of the 
     Controlled Substances Act (as added by section 18(a) of this 
     Act), $15,000,000 for fiscal year 2000, and such sums as may 
     be necessary for each succeeding fiscal year.

     SEC. __34. STUDY OF METHAMPHETAMINE TREATMENT.

       (a) Study.--
       (1) Requirement.--The Secretary of Health and Human 
     Services shall, in consultation with the Institute of 
     Medicine of the National Academy of Sciences, conduct a study 
     on the development of medications for the treatment of 
     addiction to amphetamine and methamphetamine.
       (2) Report.--Not later than nine months after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on the Judiciary of the Senate and House of 
     Representatives a report on the results of the study 
     conducted under paragraph (1).
       (b) Authorization of Appropriations.--There are hereby 
     authorized to be appropriated for the Department of Health 
     and Human Services for fiscal year 2000 such sums as may be 
     necessary to meet the requirements of subsection (a).

                           CHAPTER 4--REPORTS

     SEC. __41. REPORTS ON CONSUMPTION OF METHAMPHETAMINE AND 
                   OTHER ILLICIT DRUGS IN RURAL AREAS, 
                   METROPOLITAN AREAS, AND CONSOLIDATED 
                   METROPOLITAN AREAS.

       The Secretary of Health and Human Services shall include in 
     each National Household Survey on Drug Abuse appropriate 
     prevalence data and information on the consumption of 
     methamphetamine and other illicit drugs in rural areas, 
     metropolitan areas, and consolidated metropolitan areas.

     SEC. __42. REPORT ON DIVERSION OF ORDINARY OVER-THE-COUNTER 
                   PSEUDOEPHEDRINE AND PHENYLPROPANOLAMINE 
                   PRODUCTS.

       (a) Study.--The Attorney General shall conduct a study of 
     the use of ordinary over-the-counter pseudoephedrine and 
     phenylpropanolamine products in the clandestine production of 
     illicit drugs. Sources of data for the study shall include 
     the following:
       (1) Information from Federal, State, and local clandestine 
     laboratory seizures and related investigations identifying 
     the source, type, or brand of drug products being utilized 
     and how they were obtained for the illicit production of 
     methamphetamine and amphetamine.
       (2) Information submitted voluntarily from the 
     pharmaceutical and retail industries involved in the 
     manufacture, distribution, and sale of drug products 
     containing ephedrine, pseudoephedrine, and 
     phenylpropanolamine, including information on changes in the 
     pattern, volume, or both, of sales of ordinary over-the-
     counter pseudoephedrine and phenylpropanolamine products.
       (b) Report.--
       (1) Requirement.--Not later than April 1, 2001, the 
     Attorney General shall submit to Congress a report on the 
     study conducted under subsection (a).
       (2) Elements.--The report shall include--
       (A) the findings of the Attorney General as a result of the 
     study; and
       (B) such recommendations on the need to establish 
     additional measures to prevent diversion of ordinary over-
     the-counter pseudoephedrine and phenylpropanolamine (such as 
     a threshold on ordinary over-the-counter pseudoephedrine and 
     phenylpropanolamine products) as the Attorney General 
     considers appropriate.
       (3) Matters considered.--In preparing the report, the 
     Attorney General shall consider the comments and 
     recommendations of State and local law enforcement and 
     regulatory officials and of representatives of the industry 
     described in subsection (a)(2).

              Subtitle B--Controlled Substances Generally

                      CHAPTER 1--CRIMINAL MATTERS

     SEC. __51. ENHANCED PUNISHMENT FOR TRAFFICKING IN LIST I 
                   CHEMICALS.

       (a) Amendments to Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994(p) of title 28, United 
     States, the United States Sentencing Commission shall amend 
     the Federal sentencing guidelines in accordance with this 
     section with respect to any violation of paragraph (1) or (2) 
     of section 401(d) of the Controlled Substances Act (21 U.S.C. 
     841(d)) involving a list I chemical and any violation of 
     paragraph (1) or (3) of section 1010(d) of the Controlled 
     Substance Import and Export Act (21 U.S.C. 960(d)) involving 
     a list I chemical.
       (b) Ephedrine, Phenylpropanolamine, and Pseudoephedrine.--
       (1) In general.--In carrying this section, the United 
     States Sentencing Commission shall, with respect to each 
     offense described in subsection (a) involving ephedrine, 
     phenylpropanolamine, or pseudoephedrine (including their 
     salts, optical isomers, and salts of optical isomers), review 
     and amend its guidelines to provide for increased penalties 
     such that those penalties corresponded to the quantity of 
     controlled substance that could reasonably have been 
     manufactured using the quantity of ephedrine, 
     phenylpropanolamine, or pseudoephedrine possessed or 
     distributed.
       (2) Conversion ratios.--For the purposes of the amendments 
     made by this subsection, the quantity of controlled substance 
     that could reasonably have been manufactured shall be 
     determined by using a table of manufacturing conversion 
     ratios for ephedrine, phenylpropanolamine, and 
     pseudoephedrine, which table shall be established by the 
     Sentencing Commission based on scientific, law enforcement, 
     and other data the Sentencing Commission considers 
     appropriate.
       (c) Other List I Chemicals.--In carrying this section, the 
     United States Sentencing Commission shall, with respect to 
     each offense described in subsection (a) involving any list I 
     chemical other than ephedrine, phenylpropanolamine, or 
     pseudoephedrine, review and amend its guidelines to provide 
     for increased penalties such that those penalties reflect the 
     dangerous nature of such offenses, the need for aggressive 
     law enforcement action to fight such offenses, and the 
     extreme dangers associated with unlawful activity involving 
     methamphetamine and amphetamine, including--
       (1) the rapidly growing incidence of controlled substance 
     manufacturing;
       (2) the extreme danger inherent in manufacturing controlled 
     substances;
       (3) the threat to public safety posed by manufacturing 
     controlled substances; and
       (4) the recent increase in the importation, possession, and 
     distribution of list I chemicals for the purpose of 
     manufacturing controlled substances.
       (d) Emergency Authority to Sentencing Commission.--The 
     United States Sentencing Commission shall promulgate 
     amendments pursuant to this section as soon as practicable 
     after the date of the enactment of this Act in accordance 
     with the procedure set forth in section 21(a) of the 
     Sentencing Act of 1987 (Public Law 100-182), as though the 
     authority under that Act had not expired.

     SEC. __52. MAIL ORDER REQUIREMENTS.

       Section 310(b)(3) of the Controlled Substances Act (21 
     U.S.C. 830(b)(3)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (2) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) As used in this paragraph:
       ``(i) The term `drug product' means an active ingredient in 
     dosage form that has been approved or otherwise may be 
     lawfully marketed under the Food, Drug, and Cosmetic Act for 
     distribution in the United States.
       ``(ii) The term `valid prescription' means a prescription 
     which is issued for a legitimate medical purpose by an 
     individual practitioner licensed by law to administer and 
     prescribe the drugs concerned and acting in the usual course 
     of the practitioner's professional practice.'';
       (3) in subparagraph (B), as so redesignated, by inserting 
     ``or who engages in an export transaction'' after 
     ``nonregulated person''; and

[[Page 28736]]

       (4) adding at the end the following:
       ``(D) Except as provided in subparagraph (E), the following 
     distributions to a nonregulated person, and the following 
     export transactions, shall not be subject to the reporting 
     requirement in subparagraph (B):
       ``(i) Distributions of sample packages of drug products 
     when such packages contain not more than 2 solid dosage units 
     or the equivalent of 2 dosage units in liquid form, not to 
     exceed 10 milliliters of liquid per package, and not more 
     than one package is distributed to an individual or 
     residential address in any 30-day period.
       ``(ii) Distributions of drug products by retail 
     distributors that may not include face-to-face transactions 
     to the extent that such distributions are consistent with the 
     activities authorized for a retail distributor as specified 
     in section 102(46).
       ``(iii) Distributions of drug products to a resident of a 
     long term care facility (as that term is defined in 
     regulations prescribed by the Attorney General) or 
     distributions of drug products to a long term care facility 
     for dispensing to or for use by a resident of that facility.
       ``(iv) Distributions of drug products pursuant to a valid 
     prescription.
       ``(v) Exports which have been reported to the Attorney 
     General pursuant to section 1004 or 1018 or which are subject 
     to a waiver granted under section 1018(e)(2).
       ``(vi) Any quantity, method, or type of distribution or any 
     quantity, method, or type of distribution of a specific 
     listed chemical (including specific formulations or drug 
     products) or of a group of listed chemicals (including 
     specific formulations or drug products) which the Attorney 
     General has excluded by regulation from such reporting 
     requirement on the basis that such reporting is not necessary 
     for the enforcement of this title or title III.
       ``(E) The Attorney General may revoke any or all of the 
     exemptions listed in subparagraph (D) for an individual 
     regulated person if he finds that drug products distributed 
     by the regulated person are being used in violation of this 
     title or title III. The regulated person shall be notified of 
     the revocation, which will be effective upon receipt by the 
     person of such notice, as provided in section 1018(c)(1), and 
     shall have the right to an expedited hearing as provided in 
     section 1018(c)(2).''.

     SEC. __53. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE 
                   I CONTROLLED SUBSTANCES.

       (a) Drug Paraphernalia.--Subsection (a)(1) of section 422 
     of the Controlled Substances Act (21 U.S.C. 863) is amended 
     by inserting ``, directly or indirectly advertise for sale,'' 
     after ``sell''.
       (b) Directly or Indirectly Advertise for Sale Defined.--
     Such section 422 is further amended by adding at the end the 
     following new subsection:
       ``(g) In this section, the term `directly or indirectly 
     advertise for sale' means the use of any communication 
     facility (as that term is defined in section 403(b)) to post, 
     publicize, transmit, publish, link to, broadcast, or 
     otherwise advertise any matter (including a telephone number 
     or electronic or mail address) with the intent to facilitate 
     or promote a transaction in.''.
       (c) Schedule I Controlled Substances.--Section 403(c) of 
     such Act (21 U.S.C. 843(c)) is amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) in paragraph (1), as so designated--
       (A) in the first sentence, by inserting before the period 
     the following: ``, or to directly or indirectly advertise for 
     sale (as that term is defined in section 422(g)) any Schedule 
     I controlled substance''; and
       (B) in the second sentence, by striking ``term 
     `advertisement' '' and inserting ``term `written 
     advertisement' ''.

     SEC. __54. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA FOR 
                   PURPOSES OF ILLICIT PRODUCTION OF CONTROLLED 
                   SUBSTANCES.

       (a) In General.--Part D of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.) is amended by adding at the end the 
     following:


                          ``anhydrous ammonia

       ``Sec. 423 (a) It is unlawful for any person--
       ``(1) to steal anhydrous ammonia, or
       ``(2) to transport stolen anhydrous ammonia across State 
     lines,

     knowing, intending, or having reasonable cause to believe 
     that such anhydrous ammonia will be used to manufacture a 
     controlled substance in violation of this part.
       ``(b) Any person who violates subsection (a) shall be 
     imprisoned or fined, or both, in accordance with section 
     403(d) as if such violation were a violation of a provision 
     of section 403.''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     421 the following new items:

``Sec. 422. Drug paraphernalia.
``Sec. 423. Anhydrous ammonia.''.

       (c) Assistance for Certain Research.--
       (1) Agreement.--The Administrator of the Drug Enforcement 
     Administration shall seek to enter into an agreement with 
     Iowa State University in order to permit the University to 
     continue and expand its current research into the development 
     of inert agents that, when added to anhydrous ammonia, 
     eliminate the usefulness of anhydrous ammonia as an 
     ingredient in the production of methamphetamine.
       (2) Reimbursable provision of funds.--The agreement under 
     paragraph (1) may provide for the provision to Iowa State 
     University, on a reimbursable basis, of $500,000 for purposes 
     the activities specified in that paragraph.
       (3) Authorization of appropriations.--There is hereby 
     authorized to be appropriated for the Drug Enforcement 
     Administration for fiscal year 2000, $500,000 for purposes of 
     carrying out the agreement under this subsection.

     SEC. __55. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN 
                   INFORMATION RELATING TO THE MANUFACTURE OF 
                   CONTROLLED SUBSTANCES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 21 the following new 
     chapter:

                  ``CHAPTER 22--CONTROLLED SUBSTANCES

``Sec.
``421. Distribution of information relating to manufacture of 
              controlled substances.

     ``Sec. 421. Distribution of information relating to 
       manufacture of controlled substances

       ``(a) Prohibition on Distribution of Information Relating 
     to Manufacture of Controlled Substances.--
       ``(1) Controlled substance defined.--In this subsection, 
     the term `controlled substance' has the meaning given that 
     term in section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the manufacture of a 
     controlled substance, or to distribute by any means 
     information pertaining to, in whole or in part, the 
     manufacture of a controlled substance, with the intent that 
     the teaching, demonstration, or information be used for, or 
     in furtherance of, an activity that constitutes a Federal 
     crime; or
       ``(B) to teach or demonstrate to any person the manufacture 
     of a controlled substance, or to distribute to any person, by 
     any means, information pertaining to, in whole or in part, 
     the manufacture of a controlled substance, knowing that such 
     person intends to use the teaching, demonstration, or 
     information for, or in furtherance of, an activity that 
     constitutes a Federal crime.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 21 
     the following new item:

``22. Controlled Substances..................................421''.....

                        CHAPTER 2--OTHER MATTERS

     SEC. __61. WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR 
                   PRESCRIBE CERTAIN NARCOTIC DRUGS FOR 
                   MAINTENANCE TREATMENT OR DETOXIFICATION 
                   TREATMENT.

       (a) Requirements.--Section 303(g) of the Controlled 
     Substances Act (21 U.S.C. 823(g)) is amended--
       (1) in paragraph (2), by striking ``(A) security'' and 
     inserting ``(i) security'', and by striking ``(B) the 
     maintenance'' and inserting ``(ii) the maintenance'';
       (2) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (3) by inserting ``(1)'' after ``(g)'';
       (4) by striking ``Practitioners who dispense'' and 
     inserting ``Except as provided in paragraph (2), 
     practitioners who dispense and prescribe''; and
       (5) by adding at the end the following:
       ``(2)(A) Subject to subparagraphs (D), the requirements of 
     paragraph (1) are waived in the case of the dispensing or 
     prescribing, by a physician, of narcotic drugs in schedule 
     III, IV, or V, or combinations of such drugs, if the 
     physician meets the conditions specified in subparagraph (B) 
     and the narcotic drugs or combinations of such drugs meet the 
     conditions specified in subparagraph (C).
       ``(B)(i) For purposes of subparagraph (A), the conditions 
     specified in this subparagraph with respect to a physician 
     are that, before dispensing or prescribing narcotic drugs in 
     schedule III, IV, or V, or combinations of such drugs, to 
     patients for maintenance or detoxification treatment, the 
     physician submit to the Secretary and the Attorney General a 
     notification of the intent of the physician to begin 
     dispensing or prescribing the drugs or combinations for such 
     purpose, and that the notification to the Secretary also 
     contain the following certifications by the physician:
       ``(I) The physician--
       ``(aa) is a physician licensed under State law; and
       ``(bb) has training or experience and the ability to treat 
     and manage opiate-dependent patients.
       ``(II) With respect to patients to whom the physician will 
     provide such drugs or combinations of drugs, the physician 
     has the capacity to refer the patients for appropriate 
     counseling and other appropriate ancillary services.
       ``(III) In any case in which the physician is not in a 
     group practice, the total number of

[[Page 28737]]

     such patients of the physician at any one time will not 
     exceed the applicable number. For purposes of this subclause, 
     the applicable number is 20, except that the Secretary may by 
     regulation change such total number.
       ``(IV) In any case in which the physician is in a group 
     practice, the total number of such patients of the group 
     practice at any one time will not exceed the applicable 
     number. For purposes of this subclause, the applicable number 
     is 20, except that the Secretary may by regulation change 
     such total number, and the Secretary for such purposes may by 
     regulation establish different categories on the basis of the 
     number of physicians in a group practice and establish for 
     the various categories different numerical limitations on the 
     number of such patients that the group practice may have.
       ``(ii)(I) The Secretary may, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Administrator of the Substance Abuse and Mental Health 
     Services Administration, the Director of the Center for 
     Substance Abuse Treatment, the Director of the National 
     Institute on Drug Abuse, and the Commissioner of Food and 
     Drugs, issue regulations through notice and comment 
     rulemaking or practice guidelines to implement this 
     paragraph. The regulations or practice guidelines shall 
     address the following:
       ``(aa) Approval of additional credentialing bodies and the 
     responsibilities of credentialing bodies.
       ``(bb) Additional exemptions from the requirements of this 
     paragraph and any regulations under this paragraph.
       ``(II) Nothing in the regulations or practice guidelines 
     under this clause may authorize any Federal official or 
     employee to exercise supervision or control over the practice 
     of medicine or the manner in which medical services are 
     provided.
       ``(III)(aa) The Secretary shall issue a Treatment 
     Improvement Protocol containing best practice guidelines for 
     the treatment and maintenance of opiate-dependent patients. 
     The Secretary shall develop the protocol in consultation with 
     the Director of the National Institute on Drug Abuse, the 
     Director of the Center for Substance Abuse Treatment, the 
     Administrator of the Drug Enforcement Administration, the 
     Commissioner of Food and Drugs, the Administrator of the 
     Substance Abuse and Mental Health Services Administration, 
     and other substance abuse disorder professionals. The 
     protocol shall be guided by science.
       ``(bb) The protocol shall be issued not later than 120 days 
     after the date of the enactment of the Methamphetamine Anti-
     Proliferation Act of 1999.
       ``(IV) For purposes of the regulations or practice 
     guidelines under subclause (I), a physician shall have 
     training or experience under clause (i)(I)(bb) if the 
     physician meets one or more of the following conditions:
       ``(aa) The physician is certified in addiction treatment by 
     the American Society of Addiction Medicine, the American 
     Board of Medical Specialties, the American Osteopathic 
     Academy of Addiction Medicine, or any other certified body 
     accredited by the Secretary.
       ``(bb) The physician has been a clinical investigator in a 
     clinical trial conducted for purposes of securing approval 
     under section 505 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355) or section 351 of the Public Health Service 
     Act (42 U.S.C. 262) of a narcotic drug in schedule III, IV, 
     or V for the treatment of addiction, if such approval was 
     granted.
       ``(cc) The physician has completed training (through 
     classroom situations, seminars, professional society 
     meetings, electronic communications, or otherwise) provided 
     by the American Society of Addiction Medicine, the American 
     Academy of Addiction Psychiatry, the American Osteopathic 
     Academy of Addiction Medicine, the American Medical 
     Association, the American Osteopathic Association, the 
     American Psychiatric Association, or any other organization 
     that the Secretary determines appropriate for purposes of 
     this item. The curricula may include training in patient need 
     for counseling regarding HIV, Hepatitis C, and other 
     infectious diseases, substance abuse counseling, random drug 
     testing, medical evaluation, annual assessment, prenatal 
     care, diagnosis of addiction, rehabilitation services, 
     confidentiality, and other appropriate topics.
       ``(dd) The physician has training or experience in the 
     treatment and management of opiate-dependent, which training 
     or experience shall meet such criteria as the Secretary may 
     prescribe. Any such criteria shall be effective for a period 
     of three years after the effective date of such criteria, but 
     the Secretary may extend the effective period of such 
     criteria by additional periods of three years for each 
     extension if the Secretary determines that such extension is 
     appropriate for purposes of this item. Any such extension 
     shall go into effect only if the Secretary publishes a notice 
     of such extension in the Federal Register during the 30-day 
     period ending on the date of the end of the three-year 
     effective period of such criteria to which such extension 
     will apply.
       ``(ee) The physician is certified in addiction treatment by 
     a State medical licensing board, or an entity accredited by 
     such board, unless the Secretary determines (after an 
     opportunity for a hearing) that the training provided by such 
     board or entity was inadequate for the treatment and 
     management of opiate-dependent patients.
       ``(C) For purposes of subparagraph (A), the conditions 
     specified in this subparagraph with respect to narcotic drugs 
     in schedule III, IV, or V, or combinations of such drugs, are 
     as follows:
       ``(i) The drugs or combinations of drugs have, under the 
     Federal Food, Drug and Cosmetic Act or section 351 of the 
     Public Health Service Act, been approved for use in 
     maintenance or detoxification treatment.
       ``(ii) The drugs or combinations of drugs have not been the 
     subject of an adverse determination. For purposes of this 
     clause, an adverse determination is a determination published 
     in the Federal Register and made by the Secretary, after 
     consultation with the Attorney General, that experience since 
     the approval of the drug or combinations of drugs has shown 
     that the use of the drugs or combinations of drugs for 
     maintenance or detoxification treatment requires additional 
     standards respecting the qualifications of physicians to 
     provide such treatment, or requires standards respecting the 
     quantities of the drugs that may be provided for unsupervised 
     use.
       ``(D)(i) A waiver under subparagraph (A) with respect to a 
     physician is not in effect unless (in addition to conditions 
     under subparagraphs (B) and (C)) the following conditions are 
     met:
       ``(I) The notification under subparagraph (B) is in writing 
     and states the name of the physician.
       ``(II) The notification identifies the registration issued 
     for the physician pursuant to subsection (f).
       ``(III) If the physician is a member of a group practice, 
     the notification states the names of the other physicians in 
     the practice and identifies the registrations issued for the 
     other physicians pursuant to subsection (f).
       ``(IV) A period of 45 days has elapsed after the date on 
     which the notification was submitted, and during such period 
     the physician does not receive from the Secretary a written 
     notice that one or more of the conditions specified in 
     subparagraph (B), subparagraph (C), or this subparagraph, 
     have not been met.
       ``(ii) The Secretary shall provide to the Attorney General 
     such information contained in notifications under 
     subparagraph (B) as the Attorney General may request.
       ``(E) If in violation of subparagraph (A) a physician 
     dispenses or prescribes narcotic drugs in schedule III, IV, 
     or V, or combinations of such drugs, for maintenance 
     treatment or detoxification treatment, the Attorney General 
     may, for purposes of section 304(a)(4), consider the 
     physician to have committed an act that renders the 
     registration of the physician pursuant to subsection (f) to 
     be inconsistent with the public interest.
       ``(F)(i) Upon determining that a physician meets the 
     conditions specified in subparagraph (B), the Secretary shall 
     notify the physician and the Attorney General.
       ``(ii) Upon receiving notice with respect to a physician 
     under clause (i), the Attorney General shall assign the 
     physician an identification number under this paragraph for 
     inclusion with the physician's current registration to 
     prescribe narcotics. An identification number assigned a 
     physician under this clause shall be appropriate to preserve 
     the confidentiality of a patient prescribed narcotic drugs 
     covered by this paragraph by the physician.
       ``(iii) If the Secretary fails to make a determination 
     described in clause (i) by the end of the 45-day period 
     beginning on the date of the receipt by the Secretary of a 
     notification from a physician under subparagraph (B), the 
     Attorney General shall assign the physician an identification 
     number described in clause (ii) at the end of such period.
       ``(G) In this paragraph:
       ``(i) The term `group practice' has the meaning given such 
     term in section 1877(h)(4) of the Social Security Act.
       ``(ii) The term `physician' has the meaning given such term 
     in section 1861(r) of the Social Security Act.
       ``(H)(i) This paragraph takes effect on the date of the 
     enactment of the Methamphetamine Anti-Proliferation Act of 
     1999, and remains in effect thereafter except as provided in 
     clause (iii) (relating to a decision by the Secretary or the 
     Attorney General that this paragraph should not remain in 
     effect).
       ``(ii) For the purposes relating to clause (iii), the 
     Secretary and the Attorney General shall, during the 3-year 
     period beginning on the date of the enactment of the 
     Methamphetamine Anti-Proliferation Act of 1999, make 
     determinations in accordance with the following:
       ``(I)(aa) The Secretary shall--
       ``(aaa) make a determination of whether treatments provided 
     under waivers under subparagraph (A) have been effective 
     forms of maintenance treatment and detoxification treatment 
     in clinical settings;
       ``(bbb) make a determination regarding whether such waivers 
     have significantly increased (relative to the beginning of 
     such period) the availability of maintenance treatment and 
     detoxification treatment; and
       ``(ccc) make a determination regarding whether such waivers 
     have adverse consequences for the public health.
       ``(bb) In making determinations under this subclause, the 
     Secretary--

[[Page 28738]]

       ``(aaa) may collect data from the practitioners for whom 
     waivers under subparagraph (A) are in effect;
       ``(bbb) shall issue appropriate guidelines or regulations 
     (in accordance with procedures for substantive rules under 
     section 553 of title 5, United States Code) specifying the 
     scope of the data that will be required to be provided under 
     this subclause and the means through which the data will be 
     collected; and
       ``(ccc) shall, with respect to collecting such data, comply 
     with applicable provisions of chapter 6 of title 5, United 
     States Code (relating to a regulatory flexibility analysis), 
     and of chapter 8 of such title (relating to congressional 
     review of agency rulemaking).
       ``(II) The Attorney General shall--
       ``(aa) make a determination of the extent to which there 
     have been violations of the numerical limitations established 
     under subparagraph (B) for the number of individuals to whom 
     a practitioner may provide treatment; and
       ``(bb) make a determination regarding whether waivers under 
     subparagraph (A) have increased (relative to the beginning of 
     such period) the extent to which narcotic drugs in schedule 
     III, IV, or V, or combinations of such drugs, are being 
     dispensed or prescribed, or possessed, in violation of this 
     Act.
       ``(iii) If, before the expiration of the period specified 
     in clause (ii), the Secretary or the Attorney General 
     publishes in the Federal Register a decision, made on the 
     basis of determinations under such clause, that this 
     paragraph should not remain in effect, this paragraph ceases 
     to be in effect 60 days after the date on which the decision 
     is so published. The Secretary shall, in making any such 
     decision, consult with the Attorney General, and shall, in 
     publishing the decision in the Federal Register, include any 
     comments received from the Attorney General for inclusion in 
     the publication. The Attorney General shall, in making any 
     such decision, consult with the Secretary, and shall, in 
     publishing the decision in the Federal Register, include any 
     comments received from the Secretary for inclusion in the 
     publication.
       ``(I) During the 3-year period beginning on the date of the 
     enactment of the Methamphetamine Anti-Proliferation Act of 
     1999, a State may not preclude a practitioner from dispensing 
     or prescribing narcotic drugs in schedule III, IV, or V, or 
     combinations of such drugs, to patients for maintenance or 
     detoxification treatment in accordance with this paragraph, 
     or the other amendments made by section 22 of that Act, 
     unless, before the expiration of that 3-year period, the 
     State enacts a law prohibiting a practitioner from dispensing 
     or prescribing such drugs or combination of drugs.''.
       (b) Conforming Amendments.--Section 304 of the Controlled 
     Substances Act (21 U.S.C. 824) is amended--
       (1) in subsection (a), in the matter following paragraph 
     (5), by striking ``section 303(g)'' each place the term 
     appears and inserting ``section 303(g)(1)''; and
       (2) in subsection (d), by striking ``section 303(g)'' and 
     inserting ``section 303(g)(1)''.
       (c) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for purposes of activities 
     under section 303(g)(2) of the Controlled Substances Act, as 
     added by subsection (a), amounts as follows:
       (1) For fiscal year 2000, $3,000,000.
       (2) For each fiscal year after fiscal year 2000, such sums 
     as may be necessary for such fiscal year.

                       Subtitle C--Cocaine Powder

     SEC. __71. SHORT TITLE.

       This subtitle may be cited as the ``Powder Cocaine 
     Sentencing Act of 1999''.

     SEC. __72. SENTENCING FOR VIOLATIONS INVOLVING COCAINE 
                   POWDER.

       (a) Amendment of Controlled Substances Act.--
       (1) Large quantities.--Section 401(b)(1)(A)(ii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is 
     amended by striking ``5 kilograms'' and inserting ``500 
     grams''.
       (2) Small quantities.--Section 401(b)(1)(B)(ii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is 
     amended by striking ``500 grams'' and inserting ``50 grams''.
       (b) Amendment of Controlled Substances Import and Export 
     Act.--
       (1) Large quantities.--Section 1010(b)(1)(B) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(1)(B)) is amended by striking ``5 kilograms'' and 
     inserting ``500 grams''.
       (2) Small quantities.--Section 1010(b)(2)(B) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(2)(B)) is amended by striking ``500 grams'' and 
     inserting ``50 grams''.
       (c) Amendment of Sentencing Guidelines.--Pursuant to 
     section 994 of title 28, United States Code, the United 
     States Sentencing Commission shall amend the Federal 
     sentencing guidelines to reflect the amendments made by this 
     section.

                       Subtitle D--Miscellaneous

     SEC. __81. NOTICE; CLARIFICATION.

       (a) Notice of Issuance.--Section 3103a of title 18, United 
     States Code, is amended by adding at the end the following 
     new sentence: ``With respect to any issuance under this 
     section or any other provision of law (including section 3117 
     and any rule), any notice required, or that may be required, 
     to be given may be delayed pursuant to the standards, terms, 
     and conditions set forth in section 2705, unless otherwise 
     expressly provided by statute.''.
       (b) Clarification.--(1) Section 2(e) of Public Law 95-78 
     (91 Stat. 320) is amended by adding at the end the following:
     ``Subdivision (d) of such rule, as in effect on this date, is 
     amended by inserting `tangible' before `property' each place 
     it occurs.''.
       (2) The amendment made by paragraph (1) shall take effect 
     on the date of the enactment of this Act.

     SEC. __82. DOMESTIC TERRORISM ASSESSMENT AND RECOVERY.

       (a) In General.--The Federal Bureau of Investigation shall 
     prepare a study assessing--
       (1) the threat posed by the Fuerzas Armadas de Liberacion 
     Nacional Puertorriquena (FALN) and Los Macheteros terrorist 
     organizations to the United States and its territories as of 
     July 31, 1999; and
       (2) what effect the President's offer of clemency to 16 
     FALN and Los Macheteros members on August 11, 1999, and the 
     subsequent release of 11 of those members, will have on the 
     threat posed by those terrorist organizations to the United 
     States and its territories.
       (b) Issues Examined.--In conducting and preparing the study 
     under subsection (a), the Federal Bureau of Investigation 
     shall address--
       (1) the threat posed by the FALN and Los Macheteros 
     organizations to law enforcement officers, prosecutors, 
     defense attorneys, witnesses, and judges involved in the 
     prosecution of members of the FALN and Los Macheteros, both 
     in the United States and its territories;
       (2) the roles played by each the 16 members offered 
     clemency by the President on August 11, 1999, in the FALN and 
     Los Macheteros organizations;
       (3) the extent to which the FALN and Los Macheteros 
     organizations are associated with other known terrorist 
     organizations or countries suspected of sponsoring terrorism;
       (4) the threat posed to the national security interests of 
     the United States by the FALN and Los Macheteros 
     organizations;
       (5) whether the offer of clemency to, or release of, any of 
     the 16 FALN or Los Macheteros members would violate, or be 
     inconsistent with, the United States' obligations under 
     international treaties and agreements governing terrorist 
     activity; and
       (6) the effect on law enforcement's ability to solve open 
     cases and apprehend fugitives resulting from the offer of 
     clemency to the 16 FALN and Los Macheteros members, without 
     first requiring each of them to provide the government all 
     truthful information and evidence he or she has concerning 
     open investigations and fugitives associated with the FALN 
     and Los Macheteros organizations.
       (c) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Federal Bureau of Investigation 
     shall submit to Congress a report on the study conducted 
     under subsection (a).

     SEC. __83. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET 
                   WEBSITES.

       Not later than 90 days after the date of the enactment of 
     this Act, the head of each department, agency, and 
     establishment of the Federal Government shall, in 
     consultation with the Director of the Office of National Drug 
     Control Policy, place antidrug messages on appropriate 
     Internet websites controlled by such department, agency, or 
     establishment which messages shall, where appropriate, 
     contain an electronic hyperlink to the Internet website, if 
     any, of the Office.

     SEC. __84. SEVERABILITY.

       Any provision of this title held to be invalid or 
     unenforceable by its terms, or as applied to any person or 
     circumstance, shall be construed as to give the maximum 
     effect permitted by law, unless such provision is held to be 
     utterly invalid or unenforceable, in which event such 
     provision shall be severed from this title and shall not 
     affect the applicability of the remainder of this title, or 
     of such provision, to other persons not similarly situated or 
     to other, dissimilar circumstances.
                                 ______
                                 

                 LEAHY (AND OTHERS) AMENDMENT NO. 2528

  Mr. LEAHY (for himself, Mrs. Murray, and Mrs. Feinstein) proposed an 
amendment to the bill, S. 625, supra; as follows:

       On page 7, line 22, insert after the period the following:
     ``In addition, the debtor's monthly expenses shall include 
     the debtor's reasonably necessary expenses incurred to 
     maintain the safety of the debtor and the family of the 
     debtor from family violence as identified under section 309 
     of the Family Violence Prevention and Services Act (42 U.S.C. 
     10408), or other applicable Federal law. The expenses 
     included in the debtor's monthly expenses described in the 
     preceding sentence shall be kept confidential by the court.''

[[Page 28739]]


                                 ______
                                 

                        LEAHY AMENDMENT NO. 2529

  Mr. LEAHY proposed an amendment to the bill, S. 625, supra; as 
follows:

       On page 115, line 23, strike all through page 117, line 20, 
     and insert the following:
       ``(iv) 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;
       ``(v) a statement of the amount of projected monthly net 
     income, itemized to show how the amount is calculated; and
       ``(vi) 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 request 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 request 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 at the request of any party in 
     interest--
       ``(1) at the time filed with the taxing authority, all tax 
     returns required under applicable law, including any 
     schedules or attachments, with respect to the period from the 
     commencement of the case until such time as the case is 
     closed;
       ``(2) at the time filed with the taxing authority, all tax 
     returns required under applicable law, including any 
     schedules or attachments, that were not filed with the taxing 
     authority when the schedules under subsection (a)(1) were 
     filed with respect to the period that is 3 years before the 
     order of relief;
       ``(3) any amendments to any of the tax returns, including 
     schedules or attachments, described in paragraph (1) or (2); 
     and''
                                 ______
                                 

                        BYRD AMENDMENT NO. 2530

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

       At the appropriate place, insert the following:

     SEC. __. PROVISION OF ELECTRONIC FTC PAMPHLET WITH ELECTRONIC 
                   CREDIT CARD APPLICATIONS AND SOLICITATIONS.

       Section 127(c) of the Truth in Lending Act (15 U.S.C. 
     1637(c)) is amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following:
       ``(5) Inclusion of federal trade commission pamphlet.--
       ``(A) In general.--Any application to open a credit card 
     account for any person under an open end consumer credit 
     plan, or a solicitation to open such an account without 
     requiring an application, that is electronically transmitted 
     to or accessed by a consumer shall be accompanied by an 
     electronic version (or an electronic link thereto) of the 
     pamphlet published by the Federal Trade Commission relating 
     to choosing and using credit cards.
       ``(B) Costs.--The card issuer with respect to an account 
     described in subparagraph (A) shall be responsible for all 
     costs associated with compliance with that subparagraph.''.
                                 ______
                                 

                        DODD AMENDMENT NO. 2531

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

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

     SEC. 2__. PROTECTION OF EDUCATION SAVINGS.

       (a) Exclusions.--Section 541 of title 11, United States 
     Code, as amended by section 903, is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) by redesignating paragraph (6) as paragraph (8); and
       (C) by inserting after paragraph (5) the following:
       ``(6) funds placed in an education individual retirement 
     account (as defined in section 530(b)(1) of the Internal 
     Revenue Code of 1986) not later than 365 days before the date 
     of filing of the petition, but--
       ``(A) only if the designated beneficiary of such account 
     was a son, daughter, stepson, stepdaughter, grandchild, or 
     step-grandchild of the debtor for the taxable year for which 
     funds were placed in such account;
       ``(B) only to the extent that such funds--
       ``(i) are not pledged or promised to any entity in 
     connection with any extension of credit; and
       ``(ii) are not excess contributions (as described in 
     section 4973(e) of the Internal Revenue Code of 1986); and
       ``(C) in the case of funds placed in all such accounts 
     having the same designated beneficiary not earlier than 720 
     days nor later than 365 days before such date, only so much 
     of such funds as does not exceed $5,000;
       ``(7) funds used to purchase a tuition credit or 
     certificate or contributed to an account in accordance with 
     section 529(b)(1)(A) of the Internal Revenue Code of 1986 
     under a qualified State tuition program (as defined in 
     section 529(b)(1) of such Code) not later than 365 days 
     before the date of filing of the petition, but--
       ``(A) only if the designated beneficiary of the amounts 
     paid or contributed to such tuition program was a son, 
     daughter, stepson, stepdaughter, grandchild, or step-
     grandchild of the debtor for the taxable year for which funds 
     were paid or contributed;
       ``(B) with respect to the aggregate amount paid or 
     contributed to such program having the same designated 
     beneficiary, only so much of such amount as does not exceed 
     the total contributions permitted under section 529(b)(7) of 
     such Code with respect to such beneficiary, as adjusted 
     beginning on the date of the filing of the petition by the 
     annual increase or decrease (rounded to the nearest tenth of 
     1 percent) in the education expenditure category of the 
     Consumer Price Index prepared by the Department of Labor; and
       ``(C) in the case of funds paid or contributed to such 
     program having the same designated beneficiary not earlier 
     than 720 days nor later than 365 days before such date, only 
     so much of such funds as does not exceed $5,000; or''; and
       (2) by adding at the end the following:
       ``(f) In determining whether any of the relationships 
     specified in paragraph (6)(A) or (7)(A) of subsection (b) 
     exists, a legally adopted child of an individual (and a child 
     who is a member of an individual's household, if placed with 
     such individual by an authorized placement agency for legal 
     adoption by such individual), or a foster child of an 
     individual (if such child has as the child's principal place 
     of abode the home of the debtor and is a member of the 
     debtor's household) shall be treated as a child of such 
     individual by blood.''.
       (b) Debtor's Duties.--Section 521 of title 11, United 
     States Code, as amended by sections 105(d), 304(c)(1), 
     305(2), 315(b), and 316 of this Act, is amended by adding at 
     the end the following:
       ``(k) In addition to meeting the requirements under 
     subsection (a), a debtor shall file with the court a record 
     of any interest that a debtor has in an education individual 
     retirement account (as defined in section 530(b)(1) of the 
     Internal Revenue Code of 1986) or under a qualified State 
     tuition program (as defined in section 529(b)(1) of such 
     Code).''.
                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 2532

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

       On page 7, line 15, strike ``(ii)'' and insert ``(ii)(I)''.
       On page 7, between lines 21 and 22, insert the following:
       ``(II) The expenses referred to in subclause (I) shall 
     include--
       ``(aa) taxes and mandatory withholdings from wages;
       ``(bb) health care;
       ``(cc) alimony, child, and spousal support payments;
       ``(dd) legal fees necessary for the debtor's case;
       ``(ee) child care and the care of elderly or disabled 
     family members;
       ``(ff) reasonable insurance expenses and pension payments;
       ``(gg) religious and charitable contributions;
       ``(hh) educational expenses not to exceed $10,000 per 
     household;
       ``(ii) union dues;
       ``(jj) other expenses necessary for the operation of a 
     business of the debtor or for the debtor's employment;
       ``(kk) utility expenses and home maintenance expenses for a 
     debtor that owns a home;
       ``(ll) ownership costs for a motor vehicle, determined in 
     accordance with Internal Revenue Service transportation 
     standards, reduced by any payments on debts secured by the 
     motor vehicle or vehicle lease payments made by the debtor;
       ``(mm) expenses for children's toys and recreation for 
     children of the debtor;
       ``(nn) tax credits for earned income determined under 
     section 32 of the Internal Revenue Code of 1986; and
       ``(oo) miscellaneous and emergency expenses.
       On page 83, between lines 4 and 5, insert the following:

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

       (a) Property of the Estate.--Section 541 of title 11, 
     United States Code, is amended--

[[Page 28740]]

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

     SEC. 314. HOUSEHOLD GOOD DEFINED.

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

                    HATCH AMENDMENTS NOS. 2533-2535

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

                           Amendment No. 2533

       On page 21, line 25, strike the ending quotation marks and 
     the second period.
       On page 22, before line 1, insert the following:
       ``(b) No attorney or agency that represents a debtor under 
     this title may provide credit counseling services to that 
     debtor.''.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Judicial Conference of the United 
     States shall conduct a study and submit a report to Congress 
     that--
       (A) evaluates the implementation of section 111(b) of title 
     11, United States Code, as amended by this subsection; and
       (B) includes any recommendations for Congress.
       On page 22, line 1, strike ``(2)'' and insert ``(3)''.
                                  ____


                           Amendment No. 2534

       On page 20, between lines 2 and 3, insert the following:
       (c) Fresh Start Credit Counseling.--Section 727 of title 
     11, United States Code, as amended by subsection (b) of this 
     section, is amended by adding at the end the following:
       ``(f)(1) In addition to meeting the requirements under 
     subsection (a), as a condition to receiving a discharge under 
     this section a debtor shall provide assurances that the 
     debtor will complete by not later than 365 days after the 
     granting of the discharge, an instructional course concerning 
     personal financial management described in section 111. That 
     course shall be in addition to the course completed by the 
     debtor to meet the requirements of section 109.
       ``(2) If a debtor fails to meet the requirements of 
     paragraph (1) by the date specified in that paragraph, the 
     debtor may not file a voluntary case under this chapter or 
     chapter 13 until after the date that is 10 years after the 
     date of the discharge referred to in that paragraph.''.
       On page 20, line 3, strike ``(c)'' and insert ``(d)''.
       On page 20, line 22, strike the ending quotation marks and 
     the following period.
       On page 20, between lines 22 and 23, insert the following:
       ``(j)(1) In addition to meeting the requirements under 
     subsection (g), as a condition to receiving a discharge under 
     this section a debtor shall provide assurances that the 
     debtor will complete by not later than 365 days after the 
     granting of the discharge, an instructional course concerning 
     personal financial management described in section 111. That 
     course shall be in addition to the course completed by the 
     debtor to meet the requirements of section 109.
       ``(2) If a debtor fails to meet the requirements of 
     paragraph (1) by the date specified in that paragraph, the 
     debtor may not file a voluntary case under this chapter or 
     chapter 7 until after the date that is 10 years after the 
     date of the discharge referred to in that paragraph.''.
       On page 20, line 23, strike ``(d)'' and insert ``(e)''.
       On page 21, line 12, strike ``(e)'' and insert ``(f)''.
       On page 22, line 4, strike ``(f)'' and insert ``(g)''.
                                  ____


                           Amendment No. 2535

       On page 21, line 25, strike the ending quotation marks and 
     the following period.
       On page 21, after line 25, add the following:
       ``(b)(1) In this subsection, the term `credit counseling 
     service'--
       ``(A) means--
       ``(i) a nonprofit credit counseling service approved under 
     subsection (a); and
       ``(ii) any other consumer education program carried out 
     by--
       ``(I) a trustee appointed under chapter 13; or

[[Page 28741]]

       ``(II) any other public or private entity or individual; 
     and
       ``(B) does not include any counseling service provided by 
     the attorney of the debtor or an agent of the debtor.
       ``(2)(A) No credit counseling service may provide to a 
     credit reporting agency information concerning whether an 
     individual debtor has received or sought instruction 
     concerning personal financial management from the credit 
     counseling service.
       ``(B) A credit counseling service that willfully or 
     negligently fails to comply with any requirement under this 
     title with respect to a debtor shall be liable for damages in 
     an amount equal to the sum of--
       ``(i) any actual damages sustained by the debtor as a 
     result of the violation; and
       ``(ii) any court costs or reasonable attorneys' fees (as 
     determined by the court) incurred in an action to recover 
     those damages.''.
                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 2536

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

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

     SEC. 2__. PROTECTION OF EDUCATION SAVINGS.

       (a) Exclusions.--Section 541 of title 11, United States 
     Code, as amended by section 903, is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) by redesignating paragraph (6) as paragraph (8); and
       (C) by inserting after paragraph (5) the following:
       ``(6) funds placed in an education individual retirement 
     account (as defined in section 530(b)(1) of the Internal 
     Revenue Code of 1986) not later than 365 days before the date 
     of filing of the petition, but--
       ``(A) only if the designated beneficiary of such account 
     was a son, daughter, stepson, stepdaughter, grandchild, or 
     step-grandchild of the debtor for the taxable year for which 
     funds were placed in such account;
       ``(B) only to the extent that such funds--
       ``(i) are not pledged or promised to any entity in 
     connection with any extension of credit; and
       ``(ii) are not excess contributions (as described in 
     section 4973(e) of the Internal Revenue Code of 1986); and
       ``(C) in the case of funds placed in all such accounts 
     having the same designated beneficiary not earlier than 720 
     days nor later than 365 days before such date, only so much 
     of such funds as does not exceed $5,000;
       ``(7) funds used to purchase a tuition credit or 
     certificate or contributed to an account in accordance with 
     section 529(b)(1)(A) of the Internal Revenue Code of 1986 
     under a qualified State tuition program (as defined in 
     section 529(b)(1) of such Code) not later than 365 days 
     before the date of filing of the petition, but--
       ``(A) only if the designated beneficiary of the amounts 
     paid or contributed to such tuition program was a son, 
     daughter, stepson, stepdaughter, grandchild, or step-
     grandchild of the debtor for the taxable year for which funds 
     were paid or contributed;
       ``(B) with respect to the aggregate amount paid or 
     contributed to such program having the same designated 
     beneficiary, only so much of such amount as does not exceed 
     the total contributions permitted under section 529(b)(7) of 
     such Code with respect to such beneficiary, as adjusted 
     beginning on the date of the filing of the petition by the 
     annual increase or decrease (rounded to the nearest tenth of 
     1 percent) in the education expenditure category of the 
     Consumer Price Index prepared by the Department of Labor; and
       ``(C) in the case of funds paid or contributed to such 
     program having the same designated beneficiary not earlier 
     than 720 days nor later than 365 days before such date, only 
     so much of such funds as does not exceed $5,000; or''; and
       (2) by adding at the end the following:
       ``(f) In determining whether any of the relationships 
     specified in paragraph (6)(A) or (7)(A) of subsection (b) 
     exists, a legally adopted child of an individual (and a child 
     who is a member of an individual's household, if placed with 
     such individual by an authorized placement agency for legal 
     adoption by such individual), or a foster child of an 
     individual (if such child has as the child's principal place 
     of abode the home of the debtor and is a member of the 
     debtor's household) shall be treated as a child of such 
     individual by blood.''.
       (b) Debtor's Duties.--Section 521 of title 11, United 
     States Code, as amended by sections 105(d), 304(c)(1), 
     305(2), 315(b), and 316 of this Act, is amended by adding at 
     the end the following:
       ``(k) In addition to meeting the requirements under 
     subsection (a), a debtor shall file with the court a record 
     of any interest that a debtor has in an education individual 
     retirement account (as defined in section 530(b)(1) of the 
     Internal Revenue Code of 1986) or under a qualified State 
     tuition program (as defined in section 529(b)(1) of such 
     Code).''.
                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 2537-2538

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

                           Amendment No. 2537

       At appropriate place, insert the following:

     SEC. __. DISALLOWANCE OF CLAIMS OF CERTAIN INSURED DEPOSITORY 
                   INSTITUTIONS.

       Section 502(b) of title 11, United States Code, is 
     amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(10) such claim is the claim of an insured depository 
     institution (as defined in section 3 of the Federal Deposit 
     Insurance Act) that, as determined by the appropriate Federal 
     banking agency (as defined in section 3 of the Federal 
     Deposit Insurance Act)--
       ``(A) has total aggregate assets of more than $200,000,000;
       ``(B) offers retail depository services to the public; and
       ``(C) does not offer both checking and savings accounts 
     that have--
       ``(i) low fees or no fees; and
       ``(ii) low or no minimum balance requirements.''.
                                  ____


                           Amendment No. 2538

       At appropriate place, insert the following:

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

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

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

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

                    LEAHY AMENDMENTS NOS. 2539-2540

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

                           Amendment No. 2539

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

     SEC. 322. BANKRUPTCY APPEALS.

       (a) Appeals.--Section 158 of title 28, United States Code, 
     is amended--
       (1) in subsection (c)(1), by striking out ``Subject to 
     subsection (b),'' and inserting in lieu thereof ``Subject to 
     subsections (b) and (d)(2),''; and
       (2) in subsection (d)--
       (A) by inserting ``(1)'' after ``(d)''; and
       (B) by adding at the end the following new paragraph:

[[Page 28742]]

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


                           Amendment No. 2540

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

     SEC. 11__. TOBACCO MULTI-STATE ACCOUNTABILITY.

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

                          ____________________