United States · United States Congress · 11 March 1999
Hate Crimes Prevention Act of 1999 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; or (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of, and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for, adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Office of Justice Programs of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations, including programs to train local law enforcement officers in investigating, prosecuting, and preventing hate crimes. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 11 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 11 March 1999
Public Safety Employer-Employee Cooperation Act of 1999 - Provides collective bargaining rights for public safety officers employed by States or local governments. Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 11 March 1999
Debt Relief for Poverty Reduction Act of 1999 - Amends the Foreign Assistance Act of 1961 to direct the President, subject to authorization of appropriations, to cancel or reduce all amounts owed to the United States by heavily indebted poor countries (HIPCs) as a result of concessional and nonconcessional loans made, guarantees issued, or credits extended prior to January 1, 1996, under any provision of law. Sets forth eligibility requirements for cancellation or reduction of debt for HIPCs. Directs the President, in canceling or reducing debt, to give priority to HIPCs that have demonstrated a sustained commitment to poverty alleviation or have recently suffered a major natural disaster. (Sec. 2) Provides that cancellation or reduction of debt shall not be considered to be assistance for purposes of any law limiting assistance to a country. Authorizes appropriations. Sets forth certain procedures for the making of new loans, extending new credits, or issuing new guarantees to the governments of developing countries. (Sec. 3) Amends the International Financial Institutions Act to urge the President, in order to accelerate multilateral debt relief and promote economic and human development and poverty alleviation in HIPCs, to commence diplomatic efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions to make certain modifications in the Heavily Indebted Poor Countries (HIPC) Initiative, including: (1) the placing of a limit on maximum waiting period before a country receives debt relief; (2) the incorporation of poverty reduction and environmental protection as conditions for HIPC debt relief; (3) the revision of country eligibility requirements under the HIPC Initiative; (4) the adoption of a human development action plan and fund by HIPCs; (5) limits on the amount of debt reduction; (6) transparency and participation by HIPCs in HIPC decision making; and (7) the provision of HIPC review. Authorizes appropriations for the HIPC Trust Fund. Declares the sense of Congress that the amounts that would otherwise be provided by the United States for development aid or other debt relief should not be reduced on account of any such appropriations. Directs the President to work with the member countries of international financial institutions to ensure transparency and public participation in decisions to make new loans (including terms and conditions of such loans) to developing countries.
United States · United States Congress · 11 March 1999
Flag Protection Act of 1999 - Amends the Federal criminal code to revise provisions regarding desecration of the flag to set penalties with respect to persons who: (1) destroy or damage a U.S. flag with intent to provoke, and in circumstances reasonably likely to produce, imminent violence or a breach of the peace; (2) steal or knowingly convert to their use, or the use of another, a U.S. flag belonging to the United States and intentionally destroy or damage that flag; and (3) within any lands reserved for the use of the United States, or under the exclusive or concurrent jurisdiction thereof, steal or knowingly convert to their use, or the use of another, a U.S. flag belonging to another person and intentionally destroy or damage that flag. Expresses the sense of the Congress that the States should enact prohibitions similar to the provisions of this Act.
United States · United States Congress · 11 March 1999
DeLauro-Lowey Water Pollution Control and Estuary Restoration Act - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 2006. Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used for capitalization grants for estuary plans to qualified States. Prohibits a qualified State from submitting an estimate of needs unless the estimate is approved by each management conference that is implementing an approved estuary plan and of which the State is a member. Makes States that fail to submit approved need estimates ineligible for assistance. Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans. Permits loans made with Account funds to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship. Establishes a State matching requirement for deposits into Accounts. Requires the Administrator of the Environmental Protection Agency to make grants for the implementation of estuary conservation and management plans. Authorizes appropriations. Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries. Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 2004. Requires a management conference to be convened for at least five years (currently, not to exceed five years). Sets forth conditions under which management conferences may be extended or terminated. Sets forth provisions regarding the reconvening of conferences. Revises approval and implementation procedures for estuary conservation and management plans and establishes procedures for interim actions. Prohibits any activity located in U.S. waters or which serves new development in such waters from being included in a conservation and management plan or a State needs estimate unless specified Federal officials determine that: (1) the activity is essential to reduce the discharge of pollutants into navigable waters; and (2) there is no practicable alternative to the proposed activity that would have a less adverse impact on the aquatic habitat.
United States · United States Congress · 11 March 1999
Montgomery GI Bill Improvements Act of 1999 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 1999: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance, with a special rule for certain early separations. Requires the payment of educational expenses under such program, including tuition and fees, books, and other supplies. Provides: (1) a monthly stipend for approved programs of education, with different rates for programs pursued on a full-time, three quarter-time, or half-time basis; and (2) tutorial assistance. (Sec. 3) Increases the monthly rates of basic educational assistance. (Sec. 4) Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance; and (4) provisions limiting an individual's opportunity to withdraw an election not to enroll in such assistance program. (Sec. 5) Authorizes an individual entitled to basic educational assistance to receive an accelerated payment of such allowance, beginning on March 1, 2000, under certain conditions. (Sec. 6) Authorizes the use of basic educational assistance for: (1) the payment of vocational or professional licensing or certification tests required under Federal, State, or local law; (2) preparatory courses for college and graduate school entrance exams; and (3) training for technological occupations offered by entities other than educational institutions. (Sec. 9) Authorizes enrollment in the basic educational assistance program for individuals who: (1) before October 10, 1996, were enrolled in the veterans' educational assistance program (VEAP); (2) had continuously served on active duty since October 9, 1996; and (3) if discharged or released from active duty after the date on which the individual elects to participate in the basic educational assistance program, were discharged or released with an honorable discharge. Discontinues, after the enactment of this Act, the required reduction in basic pay for VEAP participants.
United States · United States Congress · 11 March 1999
Entitles to an annuity under either the Civil Service Retirement System or the Federal Employee Retirement System a military reserve technician who is separated from service as a technician after either: (1) becoming 50 years of age and completing 20 years of such service; or (2) completing 25 years of such service.
United States · United States Congress · 11 March 1999
Recognizes the historic significance of the first anniversary of the Good Friday Peace Agreement. Salutes British Prime Minister Tony Blair and Irish Taoiseach Bertie Ahern and the elected representatives of the political parties in Northern Ireland for creating the opportunity for a negotiated peace. Commends Senator George Mitchell for his leadership on behalf of the United States in guiding the parties toward peace. Congratulates the people of the Republic of Ireland and of Northern Ireland for their commitment to work together in peace. Reaffirms the bonds of friendship and cooperation that exist between the United States and the Governments of the Republic of Ireland and the United Kingdom.
United States · United States Congress · 10 March 1999
Amends the Higher Education Act of 1965 to repeal provisions which make persons convicted of drug offenses ineligible to receive student financial assistance for a certain period.
United States · United States Congress · 10 March 1999
International Military Training Transparency and Accountability Act - Amends the Arms Export Control Act to prohibit the sale, lease, loan, or grant of defense services or training (including Joint Combined Exchange Training (JCET)) to any foreign country that is prohibited or restricted from receiving international military education and training (IMET), or other military assistance or arms transfers. Permits a foreign country that is eligible to receive only expanded IMET, and is not prohibited from receiving any other military assistance or arms transfers, to receive defense services and training if it provides for training of civilian officials and military officers of the armed forces on military justice, international human rights standards, and the proper role of such forces in a democratic society. Permits a foreign country otherwise prohibited or restricted from receiving IMET or any other military assistance or arms transfers to receive defense services and training substantially unrelated to the prohibited military assistance or arms transfers, provided the President makes a specified certification to the Congress. Authorizes the President to waive any prohibition under this Act with respect to a foreign country upon certification to the Congress that it is important to the national security of the United States.
United States · United States Congress · 10 March 1999
Expresses the sense of the House of Representatives that: (1) the full realization of the rights of women is vital to the development and well-being of people of all nations; and (2) the Senate should give its advice and consent to the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women.
United States · United States Congress · 9 March 1999
Chiropractic Patients' Freedom of Choice Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare reimbursement for all physicians' services furnished by doctors of chiropractic within the scope of their license.
United States · United States Congress · 9 March 1999
Social Security Amendments of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to: (1) make additional appropriations as specified from the general fund in the Treasury for periodic transfer to the Federal Old-Age and Survivors Insurance Trust Fund (social security trust fund) for FY 2000 through 2014, with the transferred amounts to be invested in the same manner and to the same extent as other Trust Fund assets; (2) revise provisions with regard to the investment of the social security trust funds (which include the Federal Disability Insurance Trust Fund); (3) add provisions for governing the investment of the Federal Old-Age and Survivors Insurance Trust Fund in common stock; and (4) modify provisions on adjustment of the contribution and benefit base. Amends SSA title VII (Administration) to establish in the Social Security Administration an Independent Social Security Investment Oversight Board to, among other duties, establish policies for investments in common stock of accounts in the Common Stock Investment Account (established by this Act) of the Federal Old-Age and Survivors Insurance Trust Fund, an Account mandated for establishment by this Act.
United States · United States Congress · 9 March 1999
Amends the Internal Revenue Code to establish a limited credit for "qualified medical innovation expenses." Defines such expenses as amounts paid by a taxpayer to any qualified academic institution for clinical testing research activities.
United States · United States Congress · 4 March 1999
Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program. Requires any person who intends to import steel products into the United States to first obtain an import notification certificate. Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone. Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act.
United States · United States Congress · 4 March 1999
Public Safety Act - Provides that the recipient of a grant under the violent offender incarceration and truth-in-sentencing incentive grant program may not contract with a private contractor or vendor to provide services related to the operation of a correctional facility or the incarceration of inmates. Amends the Federal criminal code to require the Bureau of Prisons to provide that: (1) any penal or correctional facility or institution (except for community correctional confinement such as halfway houses) confining any person convicted of offenses against the United States shall be under the direction of the Director of the Bureau and shall be managed and maintained by U.S. employees; and (2) the housing, safeguarding, care, subsistence, protection, instructing, and disciplining of any person charged with or convicted of any offense against the United States (with that exception) shall be conducted and carried out by U.S. employees.
United States · United States Congress · 4 March 1999
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations. Requires the Secretary of Health and Human Services (HHS) to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations. Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism.
United States · United States Congress · 3 March 1999
Child Care Availability Incentive Act - Amends the Internal Revenue Code to allow a tax credit (as part of the general business credit) for employers who provide qualified day care centers for the use of their employees.
United States · United States Congress · 3 March 1999
Expresses the sense of the House of Representatives that: (1) the Congress must assure that the fundamental protections that social security provides for American families are available for generations to come; (2) the problems facing the social security system are manageable and can be prudently addressed by making careful and modest changes; (3) hastily conceived and radical solutions, such as utilizing social security system resources to fund individual accounts, require significant reductions in guaranteed benefits, are not necessary to assure the financial solvency of the system, and should be rejected; (4) solutions to a projected shortfall should be enacted within the existing social security structure, without compromising the guaranteed nature of benefits to individuals and families under the social security system; and (5) any solutions adopted by the Congress must be nondiscriminatory and equitable to Americans of all ages and must help insure American workers and their families against the economic risks associated with disability, the death of a parent or spouse, and retirement.
United States · United States Congress · 3 March 1999
Expresses the sense of the House of Representatives that: (1) the Republic of Slovakia should be commended for its progress toward political and economic liberty and meeting the guidelines for prospective North Atlantic Treaty Organization (NATO) members; and (2) the Republic of Slovakia should become a full NATO member at the earliest opportunity.
United States · United States Congress · 2 March 1999
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to limit the late enrollment penalty to a ten percent increase in the monthly part B premium due over a period equal to twice the number of years that the part B beneficiary could have been but was not enrolled under part B.
United States · United States Congress · 1 March 1999
Clean Gasoline Act of 1999 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the effects of use of low sulfur motor vehicle gasoline on urban and regional air quality. Provides for an update within two years of submission of the original report. Authorizes the Administrator to promulgate a regulation to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than concentrations specified under this Act if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act.
United States · United States Congress · 1 March 1999
Prohibits the United States from supporting the admission of China into the World Trade Organization (WTO) unless the Congress passes a joint resolution, according to specified procedures, allowing the United States to support such admission. Directs the President to: (1) notify the Congress if China becomes a member of the WTO without the support of the United States; and (2) submit notice of the withdrawal of the United States from the WTO Agreement. Makes a conforming amendment to the Uruguay Round Agreements Act.
United States · United States Congress · 25 February 1999
Security and Freedom through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or median use. Provides that neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be: (1) built into computer hardware or software for any purpose; (2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or any State to receive it; or (3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. Makes exceptions with respect to investigative or law enforcement officers and members of the intelligence community. Provides that neither the Federal Government nor a State may require the use of encryption products, standards, or services (products) for: (1) confidentiality purposes, as a condition of the use of such products for authenticity or integrity purposes; or (2) authenticity or integrity purposes, as a condition of the use of such products for confidentiality purposes. Sets penalties for the unlawful use of encryption in furtherance of a criminal act. Specifies that the use of encryption shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Provides that after a one time, 50-day technical review by the Secretary, no export license may be required (with exceptions) for or in the export of specified computer hardware, software, computing devices, telecommunication devices, technical assistance and data, and encryption hardware, software, or computing devices. Authorizes the Secretary, after a one time, 15-day technical review, to authorize the export or reexport of computer hardware, software, or computing devices with encryption capabilities for nonmilitary and end uses in any country: (1) to which exports of computer hardware, software, or computing devices of comparable strength are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such computer equipment will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without authorization by the United States; or (2) if the Secretary determines that a computer hardware, software, or computing device offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. Directs that any encryption product not requiring an export license as of this Act's enactment date, as a result of administrative decision or rulemaking, shall not require an export license on or after such date. (Sec. 4) Directs: (1) the Attorney General to compile, and maintain in classified form, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce U.S. criminal laws; and (2) that such information be made available, upon request, to any Member of Congress.
United States · United States Congress · 25 February 1999
Civil Rights Procedures Protection Act of 1999 - Amends specified Federal civil rights statutes (including title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the equal pay requirement under the Fair Labor Standards Act of 1938, and the Family and Medical Leave Act of 1993) to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability.
United States · United States Congress · 25 February 1999
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) restrict the application of the windfall elimination provision to individuals whose combined monthly income from the individual's primary insurance amount under such title and the portion of the monthly periodic payment attributable to noncovered service performed after 1956 exceeds $2,000; and (2) provide for a graduated implementation of such provision by specified percentages with respect to incremental amounts above such threshold, up to 100 percent for combined amounts over $3,000.
United States · United States Congress · 25 February 1999
Amends the Communications Act of 1934 to exempt from competitive bidding requirements licenses issued by the Federal Communications Commission for stations in the instructional television fixed service.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 24 February 1999
Improved Maternal and Children's Health Coverage Act of 1999 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act (SSA) to mandate: (1) development and use of a uniform, simplified application form for establishing eligibility for Medicaid and CHIP benefits; (2) coordinated enrollment processes; and (3) timely response to inquiries received through a national toll-free telephone number for information on children's coverage under such programs. Requires the Secretary of Health and Human Services to establish such number. (Sec. 2) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and CHIP with regard to children and pregnant women. Directs the Secretary to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available under this Act. Sets forth a special rule for certain enrollment and outreach activities providing for use of three percent of CHIP funds at 90 percent Federal match for such activities. Amends SSA title XIX to provide for additional entities (including elementary and secondary schools, child support enforcement agencies, and child care resource and referral agencies) that are qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 3) Amends SSA title XXI to require, to the extent a State child health plan provides coverage other than through providing benefits under the State's Medicaid plan, a State child health plan to: (1) specify methods to ensure coordination of pediatric care within a family; (2) make the State and its contractors, and not beneficiaries and families, responsible for applying limitations on cost-sharing; (3) impose, at its option, a flat limit (of up to $500) on out-of-pocket expenditures for certain low-income children (as an alternative to the current five percent of family income); and (4) provide a grace period and prior notice before disenrollment for nonpayment of premiums, if the State child health plan requires the payment of a premium and such premium is not paid on a timely notice, as well as an opportunity for a hearing on the matter. Prohibits State child health plan eligibility standards from permitting the use of mandatory waiting periods, unless the Secretary finds that such a period would not be contrary to title XXI. (Sec. 4) Amends SSA title XIX to provide for, among other changes: (1) automatic reassessment of eligibility for CHIP and Medicaid benefits for children losing Medicaid or CHIP eligibility; (2) optional CHIP coverage of low-income, uninsured pregnant women; (3) State option to cover qualified alien children under the Medicaid and CHIP programs; (4) elimination of the funding offset for exercise of the presumptive eligibility option; (5) automatic enrollment of children born to targeted low-income pregnant women receiving pregnancy-related assistance under such programs; and (6) CHIP and Medicaid program coordination with the Maternal and Child Health Services program under SSA title V.
United States · United States Congress · 24 February 1999
Bleacher Safety Act of 1999 - Directs the Consumer Product Safety Commission to issue a bleacher safety standard for the production, erection, and retrofitting of bleacher and grandstand facilities to reduce the risk of children falling between guardrails and gaps in seats.
United States · United States Congress · 23 February 1999
Amends the Job Training Partnership Act and the Workforce Investment Act of 1998 to require that at least 90 percent of summer youth employment program participants in each service delivery area be students who have a school attendance rate of 90 percent or higher.
United States · United States Congress · 23 February 1999
Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 23 February 1999
Resources 2000 Act - Reduces according to a specified formula the amount of qualified Outer Continental Shelf (OCS) revenues that shall be deposited for a limited fiscal year into the Land and Water Conservation Fund, the Historic Preservation Fund, or any other fund or account established by this Act. (Sec. 6) Limits the amount available for administrative expenses to two percent. (Sec. 7) Requires off-budget treatment of the receipts and disbursements of funds under this Act. Title I: Land and Water Conservation Fund Revitalization - Amends the Land and Water Conservation Act of 1965 to extend indefinitely the period for: (1) depositing amounts into the Land and Water Conservation Fund (currently, such period ends September 30, 2015); and (2) under specified conditions, annual authorization of appropriations to the Fund in certain amounts for FY 1977 through 1978 and each succeeding fiscal year. (Sec. 103) Makes $900 million available each fiscal year for obligation or expenditure without further appropriation, to be allocated as follows: (1) 50 percent for Federal purposes; and (2) 50 percent for State grants. (Sec. 105) Removes the "outdoor recreation" limitation on the use of financial assistance to States to carry out planning, land acquisition, and development projects for land and water conservation purposes. (Sec. 106) Revises the formula used to allocate amounts made available for State purposes from the Fund each fiscal year, including distributing one-third of such funds among the several States under a competitive grant program. (Sec. 107) Revises the requirement that a State have a comprehensive statewide outdoor recreation plan as a prerequisite to consideration by the Secretary of the Interior of financial assistance for acquisition or development projects. Allows a State, in order to reduce costly repetitive planning efforts, to use for such a plan a current State comprehensive outdoor recreation plan, a State recreation plan, or a State action agenda under criteria developed by the Secretary. (Sec. 108) Removes the restriction on providing financial assistance to States for incidental costs relating to land and water acquisition. Permits local funding and a limited percentage of the amount of State allocated funds in any one year to be used for sheltered facilities for swimming pools and ice skating rinks in areas where the Secretary determines a need to enhance public safety. (Sec. 109) Requires the Secretary to approve, subject to certain conditions, the conversion of property (other than for public outdoor recreation use) acquired or developed with assistance under the Act only if the State demonstrates that no prudent or feasible alternative exists. Exempts from such requirement conversion of property that is no longer viable as an outdoor conservation or recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination which endangers public health and safety. Title II: Urban Park and Recreation Recovery Program Amendments - Amends the Urban Park and Recreation Recovery Act of 1978 to provide for the development of new recreation areas and facilities (including the acquisition of lands for such development) under the urban park and recreation recovery program. (Sec. 205) Revises requirements for: (1) Federal assistance grant eligibility; (2) matching grants to local governments for rehabilitation, development, and innovation purposes; (3) local park and recreation recovery action programs; (4) State action incentives; and (5) conversion of recreation property for any other purpose other than public recreation purposes. (Sec. 210) Establishes in the Treasury the Urban Park and Recreation Recovery Fund. Specifies the amount to be deposited into the Fund each fiscal year out of qualified OCS revenues, which shall be available, without further appropriation, until expended. Sets forth limitations on annual State grants under this Act and grant and program administration. (Sec. 211) Repeals sunset provisions and congressional reporting requirements with respect to: (1) the impact of the urban park and recreation recovery program; and (2) the annual achievements of the innovation grant program. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to specify the amount to be deposited into the Historic Preservation Fund each fiscal year after FY 1998 out of qualified OCS revenues, which shall remain available, without further appropriation, and until expended, only to carry out the purposes of such Act. (Sec. 301) Requires at least one half of the funds obligated or expended each fiscal year under this Act to be used for preservation projects on historic properties (giving priority to the preservation of endangered historic properties). Title IV: Farmland, Ranchland, Open Space, and Forestland Protection - Establishes in the Treasury the Farmland, Ranchland, Open Space, and Forestland Protection Fund. (Sec. 403) Authorizes the Secretary of Agriculture to use specified amounts from the Fund for the farmland protection and forest legacy programs. Authorizes the Secretary of the Interior to use specified amounts from the Fund for the ranchland protection program. (Sec. 404) Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limitations; and (3) increase the existing funding cap, revising it from a total program cap to a fiscal year cap. (Sec. 405) Directs the Secretary of the Interior to establish a ranchland protection program similar to the farmland protection program. Title V: Federal and Indian Lands Restoration Fund - Establishes the Federal and Indians Lands Restoration Fund which shall be used as a dedicated source of funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety. Deposits $250 million of qualified Outer Continental Shelf revenues received by the United States each fiscal year into the Fund and allocates: (1) 60 percent to the Secretary of the Interior for lands within the National Park System, National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; (2) 30 percent to the Secretary of Agriculture for lands within the National Forest System; and (3) ten percent to the Secretary of the Interior for competitive grants to Indian tribes under this Act. Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) each establish priority lists for the use of funds which give priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety; and (2) jointly establish a coordinated program for tracking the progress of activities carried out and determining the extent to which demonstrable results are being achieved. Title VI: Living Marine Resources Conservation, Restoration, and Management Assistance - Authorizes the Secretary of Commerce to use amounts from the Living Marine Resources Conservation Fund for allocation to a coastal State with a Living Marine Resources Conservation Plan to reimburse the State for the costs of developing, implementing, and revising such a plan. Sets forth plan requirements. Establishes the Living Marine Resources Conservation Fund. Provides for the deposit in such fund of specified amounts received by the United States as qualified Outer Continental Shelf revenues. Authorizes the Secretary to make grants from such fund for the conservation, restoration, or management of living marine resources. Sets forth criteria for grant approval. Defines "living marine resources" as indigenous fin fish, anadromous fish, mollusks, crustaceans, and all other forms of marine animal and plant life, including marine mammals and birds, that inhabit marine or brackish waters of the United States during all or part of their life cycle. Title VII: Funding for State Native Fish and Wildlife Conservation and Restoration - Amends the Fish and Wildlife Conservation Act of 1980 to revise the purposes and applicability of such Act so as to: (1) provide for promoting conservation of native (currently, nongame) fish and wildlife; and (2) preserving biological diversity by maintaining natural assemblages of native fish and wildlife. Replaces the definition of "fish and wildlife" and "nongame fish and wildlife" with a definition of "native fish and wildlife" as a fish, animal, or plant species that: (1) historically occurred or occurs in an ecosystem, other than as a result of an introduction, and lives in an unconfined state; and (2) does not include any population of a domesticated species that has reverted to a feral existence. (Sec. 703) Requires State conservation plans to promote balanced and diverse assemblages of native fish and wildlife. (Sec. 704) Repeals the provision specifying that conservation actions set forth in a conservation plan approved by the Secretary of the Interior shall be eligible for reimbursement as fish and wildlife projects. (Sec. 705) Makes amendments relating to the reimbursement of State costs for the development, revision, and implementation of conservation plans to: (1) extend eligibility for reimbursement of costs incurred by States for developing conservation plans through FY 2010, and for implementing conservation plans through FY 2005; (2) repeal specified reimbursement requirements; (3) prohibit paying reimbursement to any State for any cost incurred in implementing an approved conservation plan or action to the extent that more than 50 (currently ten) percent of such costs in any such year are accounted for by inkind contributions; and (4) prohibit the amount of reimbursement paid to any State for any fiscal year after FY 2010 from exceeding 75 percent of the cost of implementing and revising the plan during the fiscal year. (Sec. 706) Establishes the Native Fish and Wildlife Conservation and Restoration Fund into which the following amounts received as qualified Outer Continental Shelf revenues shall be deposited: (1) $100 million for each of FY 2000 and 2001; (2) $200 million for each of FY 2002 through 2004; and (3) $350 million for FY 2005 and each proceeding fiscal year. Makes up to the amount stated for a fiscal year available to the Secretary of the Interior for that fiscal year to reimburse States for conservation plans and actions. Title VIII: Endangered and Threatened Species Recovery - Authorizes the Secretary of the Interior or the Secretary of Commerce to use amounts in the Endangered and Threatened Species Recovery Fund to provide financial assistance to persons for development and implementation of Endangered and Threatened Species Recovery Agreements. Requires either Secretary to give priority to the development and implementation of Agreements that: (1) implement actions identified under recovery plans approved by the Secretary; (2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and (3) require use of the assistance on land owned by a small landowner or on a family farm by the owner or operator. Prohibits the Secretary from providing financial assistance for any action that is required by a permit issued under the Endangered Species Act of 1973 or that is otherwise required under Federal law. (Sec. 803) Authorizes the Secretary to enter into such Agreements and sets forth Agreement requirements, including: (1) requiring activities not otherwise mandated by law that contribute to species recovery; and (2) specifying species recovery goals. Requires the Secretary to review Agreements for compliance with such requirements, propose necessary revisions, approve Agreements in compliance, periodically monitor the implementation of each Agreement, and disburse financial assistance to implement the Agreement. (Sec. 804) Establishes the Endangered and Threatened Species Recovery Fund in the Treasury and requires $100 million to be deposited into the Fund each fiscal year from amounts received as qualified Outer Continental Shelf revenues.
United States · United States Congress · 23 February 1999
Amateur Radio Spectrum Protection Act of 1999 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC), after July 1, 1999, from making any reallocations of amateur radio service and amateur satellite service frequency bands, diminishing the secondary allocations of such bands or making additional allocations within such bands that would substantially reduce their utility unless at the same time the FCC provides equivalent replacement spectrum.
United States · United States Congress · 23 February 1999
Amends title XIX (Medicaid) of the Social Security Act to exempt disabled individuals from required enrollment with a managed care entity under the Medicaid program.
United States · United States Congress · 12 February 1999
TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1999 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute regarding lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates charges (whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges) imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.
United States · United States Congress · 11 February 1999
Retirement Account Portability Act of 1999 - Amends the Internal Revenue Code to permit rollovers from State and tax-exempt instrumentalities and from and to public school retirement plans. (Sec. 3) Permits individual retirement plan (IRA) rollovers only if the entire amount is deposited into another defined contribution retirement plan and certain other conditions are met. (Sec. 4) Provides for faster vesting of employer matching contributions. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend single employer missing participant provisions to multiemployer plans. Authorizes transfer of a missing participant's benefits to a corporation upon termination of certain pension plans. (Sec. 6) Removes certain restrictions on the rollover of after-tax contributions. Provides a hardship exception to the 60-day transfer requirement. (Sec. 7) Permits distributions upon severance from employment (currently upon separation from employment). (Sec. 8) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution options available under a transferor defined contribution plan. (Sec. 9) Authorizes employers to disregard rollovers for purposes of employee cash-out amounts under the Code and ERISA. (Sec. 10) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to Federal or public school and State and tax-exempt instrumentality pension plans.
United States · United States Congress · 11 February 1999
National Eye Institute Authorization Act of 1999 - Amends the Public Health Service Act to authorize appropriations for the National Eye Institute for FY 1999 through 2004 (with amounts for FY 2004 double those authorized for FY 1999).
United States · United States Congress · 11 February 1999
Rescinds congressional consent to the Northeast Interstate Dairy Compact (entered into by Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont).
United States · United States Congress · 11 February 1999
Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School. Expresses the sense of the Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense should: (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and appropriate management of defense and security policy; and (2) implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption.
United States · United States Congress · 11 February 1999
United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. (Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met. Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. (Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) (Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations. Requires a report on the results of the study to specified congressional committees. (Sec. 8) Authorizes appropriations.
United States · United States Congress · 11 February 1999
Income Equity Act of 1999 - Amends the Internal Revenue Code to deny employers a deduction for payments of excessive compensation (more than 25 times the lowest compensation paid any other employee).
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Prescription Drug Fairness for Seniors Act of 1999 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy such covered outpatient drug in the described amount (an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries) and at the described price (the price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug). Sets forth special provisions with respect to hospice programs.
United States · United States Congress · 10 February 1999
Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period.
United States · United States Congress · 10 February 1999
Financial Services Modernization Act - Title I: Financial Services Modernization - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions against: (1) affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to permit a bank holding company (BHC) to engage in any activity which the Board of Governors of the Federal Reserve Bank (the Board) and the Secretary of the Treasury (the Secretary) have jointly determined to be either financial in nature, or incidental to such financial activities. Delineates the factors to be considered in such determination. Enumerates activities deemed financial in nature. Prescribes acquisition guidelines for bank holding companies. Exempts from BHCA proscriptions against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board as of the day before enactment of this Act to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Cites circumstances under which a BHC may engage in nonfinancial activities, or acquire ownership and control of a company engaged in such activities. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, insurance concerns, and national banks. Cites exceptions to such preemption, including State regulation of the business of insurance, and the retention of State capitalization requirements for an insurance entity acquired by another entity. States that this Act shall not affect State antitrust and general corporate law. Retains State oversight authority over specified financial activities other than insurance. Prohibits State regulation of the insurance activities of an insured depository institution that in any way that discriminates adversely between insured depository institutions and other entities engaged in insurance activities. (Sec. 105) Mandates that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. Subtitle B: Streamlining Supervision of Bank Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution BHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. (Sec. 111) Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. (Sec. 112) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. Permits the Federal Deposit Insurance Corporation (FDIC) to examine the affiliate of an insured depository institution in order to disclose fully the impact of their relationship upon such institution. (Sec. 115) States that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries shall also limit the authority of the FDIC with respect to such companies and their nonbank subsidiaries. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to permit a subsidiary of a national bank to engage in any activity permissible for: (1) the parent national bank; and (2) a BHC under the BHCA, other than engaging as principal in specified insurance activities, including issuing annuities and insurance company investments. (Sec. 121) Bars a national bank subsidiary from: (1) insurance underwriting (other than for credit-related insurance); and (2) real estate investment or development activities (unless Federal statute expressly authorizes a national bank to engage directly in such activity). Sets forth prerequisites for national banks with financial subsidiaries. (Sec. 122) Amends the FDIA to mandate safety and soundness firewalls between insured banks and their financial subsidiaries, including: (1) limiting the equity investment of a bank in such subsidiary; (2) mandatory bank procedures for identifying and managing financial operational risks posed by its financial subsidiary; (3) maintenance of separate corporate and legal status; and (4) limiting the credit exposure of a bank to its financial subsidiary. (Sec. 123) Subjects securities and insurance agency activities of insured depository institution subsidiaries to regulation under the Securities Exchange Commission (SEC), and the State insurance regulator, respectively. Subtitle D: Review of Bank Mergers and Acquisitions - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 132) Directs certain Federal banking agencies to make data available to the Attorney General and the Federal Trade Commission (FTC) that they deem necessary for antitrust review under specified statutes. (Sec. 133) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 134) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle E: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 205) Defines traditional banking product, and amends the Securities Exchange Act of 1934 to define a new banking product as a security that: (1) was not subject to SEC regulation as a security before enactment of this subtitle; and (2) is not a traditional banking product. Includes as a traditional banking product any product or instrument promulgated in the Federal Register by the Board of Governors of the Federal Reserve System to be a new banking product. Prescribes procedural guidelines under which the SEC may obtain judicial review of the Board's promulgation. Requires the court to determine whether the subject product or instrument would be more appropriately regulated under either Federal banking laws or Federal securities laws. (Sec. 206) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument, so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC rules. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Subtitle C: Securities and Exchange Commission Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment BHCs. Sets forth the parameters of SEC supervision of investment BHCs, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment BHCs that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment BHCs. Sets forth the parameters of SEC supervision of investment BHCs, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Subtitle D: Studies - Directs the Comptroller General to report to Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to the Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - States that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. Title IV: Customer Service and Education - Amends the FDIA to mandate that the Federal banking agencies jointly promulgate customer protection regulations governing the marketing of nondeposit products by insured depository institutions and their subsidiaries. Prescribes regulation contents, including: (1) anticoercion rules applicable to the sale of nondeposit products; (2) investment product suitability for the customer; (3) disclosures pertaining to the uninsured status and investment risk of investment products; (4) physical separation of banking and nonbanking activities; and (5) a customer complaint mechanism.
United States · United States Congress · 10 February 1999
Deposit Insurance Funds Amendments Act of 1999 - Amends the Federal Deposit Insurance Act and the Deposit Insurance Funds Act of 1996 to eliminate the Special Reserve of the Savings Association Insurance Fund and the Deposit Insurance Fund, respectively (established to provide emergency funds if the reserve ratio of either fund remains below 50 percent of its designated ratio for one year).
![Official portrait of Rep. Vento, Bruce F. [D-MN-4]](https://www.congress.gov/img/member/v000087_200.jpg)