The world's political record
Person
![Official portrait of Sen. Gorton, Slade [R-WA]](https://www.congress.gov/img/member/g000333_200.jpg)
United States · Official source
2,495 records where Sen. Gorton, Slade [R-WA] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 25 February 1999
Designates March 24, 1999, as National School Violence Victims' Memorial Day.
United States · United States Congress · 24 February 1999
State and Local Investment Opportunities 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 · 22 February 1999
Requests that the U.S. Postal Service issue a commemorative postage stamp honoring the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 12 February 1999
Amends the Agricultural Market Transition Act to provide uniform rates for marketing assistance loans and loan deficiency payments for all classes of soft white wheat, including club wheat.
United States · United States Congress · 12 February 1999
Designates the week of March 21 through March 27, 1999, as National Inhalants and Poisons Awareness Week. Encourages parents to learn about the dangers of inhalant abuse and to discuss those dangers with their children.
United States · United States Congress · 12 February 1999
Declares that the Senate censures President William Jefferson Clinton and condemns his conduct. Urges that future Congresses recognize the importance of allowing this statement of censure and condemnation to remain intact for all time. Resolves that the Senate now move on to other matters, reconcile differences between and within the branches of government, and work together for the benefit of the American people.
United States · United States Congress · 8 February 1999
Designates: (1) the Federal building and U.S. courthouse located at West 920 Riverside Avenue in Spokane, Washington, as the Thomas S. Foley Federal Building and United States Courthouse; and (2) the plaza located at the south entrance of such building and courthouse as the Walter F. Horan Plaza.
United States · United States Congress · 8 February 1999
Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) from FY 2000 through FY 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Makes appropriations.
United States · United States Congress · 8 February 1999
Troops-To-Teachers Program Improvement Act of 1999 - Transfers from the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard to the Secretary of Education (Secretary) jurisdiction over a program to assist eligible members of the armed forces after their discharge, release, or retirement to: (1) obtain certification or licensing as elementary or secondary school teachers or vocational or technical teachers; and (2) facilitate the employment of such members by local educational agencies identified under this Act. Requires the Secretary to provide information concerning the placement program, and make program applications available, to such members as part of their pre-separation counseling. Directs the Secretary to pay a stipend of $5,000 to each program participant, with a limit of 3,000 of such stipends in a fiscal year. Authorizes the Secretary, in lieu of such stipend amount, to pay a bonus of $10,000 to each participant who agrees to accept full-time employment as a teacher for not less than four years in a high need school. Limits to 1,000 the number of such bonuses in a fiscal year. Mandates that provision of assistance under such program shall not reduce or affect entitlement to benefits under the Montgomery GI Bill. Authorizes the Secretary to make grants to States, or consortia of States, for operating offices for recruiting eligible members for program participation and facilitating employment of such participants in the schools of such States. Limits to $4 million the total amount of grants in a fiscal year. Limits to five percent of program funds the amount authorized for management infrastructure. Requires the Secretaries involved to complete the jurisdictional transfer of the program no later than October 1, 1999. Requires program reports from the Secretary and the Comptroller General. Authorizes appropriations to the Department of Education for FY 2000 through 2004.
United States · United States Congress · 8 February 1999
Expresses: (1) condolences to the family of King Hussein and to all the people of Jordan; (2) admiration for King Hussein's enlightened leadership and gratitude for his support for peace throughout the Middle East; and (3) support and best wishes for the new government of Jordan under King Abdullah. Reaffirms the U.S. commitment to strengthening the vital relationship between our two governments and peoples.
United States · United States Congress · 6 February 1999
Bond Fairness and Protection Act of 1999 - Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to exclude a permitted open access transaction (as defined by this Act) from the definition of private business use. Permits, as specified, termination of tax-exempt bond financing for certain electric output facilities.
United States · United States Congress · 4 February 1999
Declares that: (1) the final political status of the territory controlled by the Palestinian Authority can only be determined through negotiations and agreement between Israel and the Palestinian Authority; (2) any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition; and (3) the President should unequivocally assert U.S. opposition to the unilateral declaration of a Palestinian state.
United States · United States Congress · 3 February 1999
National Oilheat Research Alliance Act of 1999 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines "oilheat industry" to include those persons involved in the production, transportation, and sale of oilheat, and those engaged in the manufacture and distribution of oilheat utilization equipment in the United States (but excludes the ultimate consumers of oilheat). Permits State industry trade association participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate; and (2) establish a program coordinating its operation with that of any similar State, local, or regional program. Prescribes allocation guidelines governing Alliance funds made available to a qualified State association. Conditions fund availability upon the Alliance's determination that the funds will be used to benefit the oilheat industry directly. Empowers the Alliance to bring suit in Federal district court to compel compliance with any assessments it levies. Mandates that Alliance-funded consumer education activities include a statement that they were supported by the Alliance. Prohibits such consumer education activities from including: (1) a reference to a private brand name if such activities were undertaken with funds derived from Alliance assessments; (2) a false or unwarranted claim on behalf of oilheat or related products; or (3) a reference regarding the attributes or use of any competing product. Prescribes procedural guidelines for the filing and transmittal of complaints, including judicial review in Federal court.
United States · United States Congress · 3 February 1999
Self-Employed Health Insurance Fairness Act of 1999 - Amends the Internal Revenue Code to allow a deduction for 100 percent of a self-employed individual's health insurance costs for himself or herself, spouse, and dependents, unless such individual participates in an employer-maintained health plan. (Current law provides for a phased-in 100 percent deduction and disallowance upon participation eligibility.)
United States · United States Congress · 3 February 1999
Children's Health Equity Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which: (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line; and (2) demonstrate a commitment to reach and enroll such children. Defines "waivered low-income children" as those whose family income: (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child; but (2) does not exceed the Medicaid applicable income level for that child. Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children. Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year.
United States · United States Congress · 3 February 1999
Truth in Employment Act - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, if that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status.
United States · United States Congress · 3 February 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies from being treated as an overpayment. Permits a State to use amounts recovered or paid to it as part of such a settlement or judgment for any appropriate expenditures, except with respect to any expenditure for administrative expenses incurred in initiating or pursuing tobacco litigation.
United States · United States Congress · 28 January 1999
TABLE OF CONTENTS: Title I: Expanded Availability of Health Care Services Title II: Ticket to Work and Self-Sufficiency and Related Provisions Subtitle A: Ticket to Work and Self-Sufficiency Subtitle B: Elimination of Work Disincentives Subtitle C: Work Incentives Planning, Assistance, and Outreach Title III: Demonstration Projects and Studies Title IV: Technical Amendments Work Incentives Improvement Act of 1999 - Title I: Expanded Availability of Health Care Services - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to expand opportunities for such workers to make such a buy. Provides that Federal funds paid to a State for medical assistance provided to certain working disabled individuals must be used to supplement but not supplant the level of State funds expended as of FY 1999 for programs to enable working disabled individuals to work. (Sec. 102) Provides for certain continuation of Medicare coverage for working individuals with disabilities. (Sec. 103) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support the working disabled as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes appropriations. (Sec. 104) Authorizes State demonstration projects for certain Medicaid coverage of up to a specified maximum number of workers with a potentially severe disability, coverage equal to that afforded under the State option provided for above for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid. Authorizes appropriations. Title II: Ticket to Work and Self-Sufficiency and Related Provisions - Subtitle A: Ticket to Work and Self-Sufficiency - Amends part A (General Provisions) of SSA title XI to direct the Commissioner to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation services, or other support services, pursuant to an appropriate individual beneficiary work plan that meets specified requirements, at the Commission's expense, from a participating employment network, public or private, which: (1) meets specified qualifications and is under an agreement with the Commissioner who must select a program manager to assist in administering TWSSP; (2) is chosen by the beneficiary, and (3) is willing to accept assignment of the beneficiary's TWSSP ticket. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth special requirements applicable to cross-referral to certain State agencies and requirements relating to provision of services. Describes employment network payment systems. Provides that during any period for which an individual is using a TWSSP ticket, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review with regards to whether the individual is or is not disabled. Requires payments to employment networks to be made out of the social security trust funds in the case of ticketed SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) disability beneficiaries who return to work, or from the appropriation made available for making Supplemental Security Income (SSI) payments under SSA title XVI, in the case of SSI disability beneficiaries who return to work. Provides for allocation of other costs. (Sec. 202) Establishes within the Social Security Administration the Work Incentives Advisory Panel to advise the Commissioner with respect to TWSSP, and other Federal officials on related issues. Provides that the costs for carrying out this paragraph shall be paid from amounts available for the administration of SSA titles II and XVI, and shall be allocated among those amounts as appropriate. Subtitle B: Elimination of Work Disincentives - Amends SSA title II to set forth a number of measures designed to eliminate work disincentives, namely prohibiting work activity as a basis for review of an individual's disability status and providing for expedited eligibility determinations for applications for disability benefits of former certain long-term disability beneficiaries that engaged in substantial gainful activity during a certain extended period following the end of a rehabilitation services trial work period. Subtitle C: Work Incentives Planning, Assistance, and Outreach - Amends SSA title XI part A (General Provisions) to direct the Commissioner to establish a community-based work incentives outreach program for disabled beneficiaries that includes the provision of technical assistance to organizations and entities that are designed to encourage disabled beneficiaries to return to work. Provides that the costs of carrying out this subtitle shall be paid from amounts made available for administration of SSA titles II and XVI, and shall be allocated among such amounts as appropriate. (Sec. 222) Amends SSA title XI to authorize the Commissioner to make certain minimum payments in each State to the protection and advocacy system established under the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of providing services to disabled beneficiaries, services which may include advocacy or other services that such a beneficiary may need to secure or regain gainful employment. Provides for funding similar to that in he paragraph above. Title III: Demonstration Projects and Studies - Amends the Social Security Disability Amendments of 1980 to provide for an extension of disability insurance program demonstration project authority to include any group of applicants for benefits under such program with impairments that may reasonably be presumed to be disabling for purposes of such demonstration project. (Sec. 302) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds to the extent provided in advance in appropriation acts. (Sec. 303) Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Health and Human Services should establish additional demonstration projects to assist individuals with disabilities to engage in work. (Sec. 304) Directs the Comptroller General to conduct and report to the Congress on various described studies concerning existing disability-related employment incentives and coordination of the OASDI disability insurance program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs, as well as on a study concerning the impact of the substantial gainful activity limit on return to work. Title IV: Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals. (Sec. 402) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) exempt from the Privacy Act of 1974 any agreements with State and local prisons to supply such information; (4) transfer from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments; (5) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (6) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 403) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage. (Sec. 404) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or development projects under SSA titles II and XVI. (Sec. 405) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems, among other changes allowing a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis.
United States · United States Congress · 28 January 1999
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 28 January 1999
Amends the Internal Revenue Code to provide for a limited exclusion from gross income of gain from the sale or exchange of qualified farm property.
United States · United States Congress · 27 January 1999
Selective Agricultural Embargoes Act of 1999 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
United States · United States Congress · 22 January 1999
Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services to stabilize an emergency medical condition following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a fully insured group health plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Exempts from this requirement any group health plan (other than a fully insured plan) of a small employer. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan (other than a fully insured plan) and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Defines "fully insured group health plan" as a plan where benefits are provided pursuant to the terms of an arrangement between a group health plan and a health insurance issuer and are guaranteed by the health insurance issuer under a contract or policy of insurance. Subtitle B: Right to Information about Plans and Providers - Amends ERISA, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, to require plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Subtitle D: Miscellaneous Provisions - Amends the Internal Revenue Code to deem the requirements of subtitle B of this Act to be incorporated into the Code. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Requires any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1999 - Amends ERISA, the Public Health Service Act (PHSA) (as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Research and Quality - Healthcare Research and Quality Act of 1999 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Provider-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public-private sector accreditation bodies. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to allow a full deduction from gross income of the health insurance costs of self-employed individuals. (Sec. 502) Repeals the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 503) Allows the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts. (Sec. 504) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Deems subscription charges for MSAs to be the amount of Government contributions.
United States · United States Congress · 22 January 1999
Designates the week of May 2, 1999, as National Correctional Officers and Employees Week.
United States · United States Congress · 21 January 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.
United States · United States Congress · 21 January 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.
United States · United States Congress · 21 January 1999
Blind Persons Earnings Equity Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits).
United States · United States Congress · 20 January 1999
Expresses the sense of the Congress that: (1) Lithuania, Latvia, and Estonia are to be commended for their progress toward political and economic liberty and meeting the guidelines for prospective members of the North Atlantic Treaty Organization (NATO); (2) such countries would make an outstanding contribution toward furthering NATO goals should they become members; (3) extension of full NATO membership to the Baltic states would contribute to stability, freedom, and peace in the Baltic region and Europe as a whole; and (4) with complete satisfaction of NATO guidelines and criteria for membership, such countries should be invited to become full NATO members.
United States · United States Congress · 19 January 1999
Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act. Directs that appeals from: (1) the districts of Alaska, Idaho, Montana, Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, Guam, Hawaii, Nevada, and the Northern Mariana Islands be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals. Allows judges to be assigned: (1) to serve for specified, staggered terms of three years or more in a division in which they do not reside; and (2) at random, by means determined by the court, in such numbers as necessary to enable the divisions to function effectively. Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress. (Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges. (Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction. Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference.
United States · United States Congress · 19 January 1999
Marriage Tax Penalty Elimination Act of 1999 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 19 January 1999
Establishes in the Office of the United States Trade Representative (USTR) the position of Chief Agricultural Negotiator, who shall be appointed by the President, with the advice and consent of the Senate. Requires the Chief to conduct trade negotiations and enforce trade agreements relating to U.S. agricultural products and services, as well as perform other functions as the USTR may direct.
United States · United States Congress · 19 January 1999
Air Transportation Improvement Act - Title I: Authorizations - Amends the Federal Aviation Act of 1958 to authorize appropriations for FY 1999 and 2000 for Federal Aviation Administration (FAA) operations. Earmarks amounts for: (1) wildlife hazard mitigation measures and management of the wildlife strike database of the FAA; and (2) the establishment of a university consortium to provide an air safety and security management certificate program in cooperation with the FAA and U.S. air carriers. (Sec. 102) Amends Federal aviation law to authorize appropriations for FY 1999 and 2000 for: (1) the FAA Facilities and Equipment Program; and (2) continuation through FY 2000 of the instrument landing system inventory program. Directs the Administrator of the FAA to establish life-cycle cost estimates for any air traffic control modernization project in which such costs equal or exceed $50 million. (Sec. 103) Authorizes appropriations for FY 1999 and 2000 for airport planning and development and noise compatibility planning programs. (Sec. 105) Directs the Secretary of Transportation, in order to improve security at U.S. public airports, to carry out at least one project to test and evaluate innovative airport security systems and related technology. Authorizes appropriations. (Sec. 106) Prohibits the Administrator of the FAA from terminating human weather observers for Automated Surface Observation System stations until certain conditions are met. Title II: Airport Improvement Program Amendments - Removes the maximum cap on airport improvement funds credited to the discretionary fund. (Sec. 202) Authorizes the Secretary to carry out a demonstration program of up to 20 projects for grants to implement innovative financing techniques for airport development projects. (Sec. 203) Limits to no more than 90 percent the Federal share of costs for certain airport projects. (Sec. 204) Increases the apportionment for airport improvement grant funds for airport noise compatibility programs. (Sec. 205) Authorizes the use of airport improvement funds apportioned to Alaska, Hawaii, or Puerto Rico for any of their public airports. Authorizes the use of the supplemental apportionment of airport improvement funds for Alaska for any of its public airports. Repeals a certain limitation on the apportionment of airport improvement funds for commercial airports in Alaska. Revises the amount of certain funds apportioned to the discretionary and small airport funds. Authorizes the Secretary to distribute a certain percentage of funds from the small airport fund for grants for projects at small hub airports. Declares that an airport development project shall remain eligible for funding from the discretionary fund (subject to the availability of funds) even though the status of the airport project changes from a primary airport to a non-primary airport. Revises, for purposes of grant eligibility for airport development funds, the definition of "public-use airport" to include a privately-owned airport that, as a reliever airport, received federal aid for airport development before October 9, 1996, but only if the Administrator of the FAA issues revised administrative guidance after July 1, 1998, for the designation of reliever airports. Repeals the eligibility of reliever airports for the issuance of a letter of intent to obligate airport development funds. Prohibits the collection of a passenger facility fee from a passenger in Alaska aboard an aircraft having a seating capacity of less than 20 passengers. Permits certain regulations promulgated by the Secretary to authorize a public agency to request waiver of a passenger facility fee for: (1) any class of domestic or foreign air carriers that enplane not more than a specified of the total number of passengers enplaned annually at a airport; or (2) passengers enplaned on a flight to an airport with scheduled passenger service but fewer than 2,500 passenger boardings each year, or in a community with a population of less than 10,000 and not connected by land to the National Highway System. Grants priority (except for requests from another Federal agency or instrumentality) to a request by a public agency for surplus property for use at a public airport. Increases the apportionment of airport improvement funds to sponsors of cargo-only airports. Declares that the Secretary may permit the use of State highway specifications for airfield pavement construction using airport development funds at non-primary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds, if the Secretary determines that: (1) safety will not be negatively affected; and (2) the life of the pavement will not be shorter than it would be if constructed using FAA standards. Prohibits an airport from seeking airport development funds for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of ten years after construction is completed. (Sec. 206) Directs the secretary to report to specified congressional committees on FAA efforts to implement capacity enhancements and improvements, such as precision runway monitoring systems, and the time frame for implementation of such improvements. (Sec. 207) Directs the Administrator of the FAA to discourage airport sponsors and airports from using entitlement funds for lower priority projects by giving lower priority to discretionary projects submitted by airport sponsors and airports that have used entitlement funds for projects that have a lower priority than the projects for which discretionary funds are being requested. (Sec. 208) Prohibits the Secretary from waiving certain required assurances that property be used for aeronautical purposes with respect to the grant of airport development funds, unless the Secretary provides public notice at least 30 days before issuing such waiver. (Sec. 209) Amends Federal aviation safety law to revise the term "public aircraft" to include non-government-owned aircraft transporting passengers if the aircraft is operated for prisoner transport. (Sec. 210) Authorizes the Secretary, in order to enable additional air service by an air carrier with less than 50 percent of the scheduled passenger traffic at an airport, to consider the shell of a terminal building (including heating, ventilation, and air conditioning) to be an eligible airport-related project. (Sec. 211) Directs the Administrator of the FAA to evaluate, and report to specified congressional committees on, options for improving the quality of information available to the FAA on airfield pavement conditions for airports that are part of the national air transportation system. (Sec. 212) Authorizes the Secretary to use unobligated airport development and noise compatibility program funds to make discretionary grants for noise abatement activities. Title III: Amendments To Aviation Law - Amends Federal aviation law to authorize the Administrator of the FAA to contract for procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend it) the contract period does not exceed one year. Declares that funds available for a fiscal year may be obligated for the total amount of the contract. (Sec. 302) Amends the Airport Noise and Capacity Act to make foreign air carriers eligible for a waiver from stage three noise level requirements for certain aircraft. (Sec. 303) Authorizes the Administrator of the FAA to establish consortia of government and aviation industry representatives at airports to provide advice on matters related to aviation security and safety. (Sec. 304) Authorizes the Administrator of the FAA to enter into bilateral agreements with the aeronautical authorities of another country to exchange with that country all or part of their respective functions and duties with respect to certain domestic and foreign aircraft. (Sec. 306) Amends the Pilot Records Improvement Act to require an employment investigation (including a criminal history check) in the case of passenger, baggage, or property screening at airports if the Administrator of the FAA decides it is necessary to ensure air transportation security. Permits an air carrier that has not obtained information about a pilot from a foreign government or entity that has employed the pilot to allow such pilot to begin service as a pilot of certain small aircraft if the carrier has made a documented good faith attempt to obtain it. (Sec. 307) Amends Federal aviation law to extend Federal aviation insurance and reinsurance programs through December 31, 2003. (Sec. 309) Establishes criminal penalties for any individual who: (1) knowingly and willfully serves or attempts to serve as an airman without an airman's certificate; (2) knowingly and willfully employs for service or uses as an airman an individual who does not have such certificate; or (3) without an airman's certificate provides for the air transportation of a controlled substance. (Sec. 310) Requires major air carriers providing air service to essential airport facilities that have interline agreements involving ticketing, baggage and ground handling, and terminal and gate access with other carriers, to provide on a nondiscriminatory basis the same services to any requesting air carrier that offers air service to a small community airport. Title IV: Miscellaneous - Directs the Administrator of the FAA to report to specified congressional committees every three months on electronic data processing problems associated with the year 2000 (Y2K problem) within the FAA. (Sec. 402) Directs the Administrator of the FAA to require by regulation that collision avoidance equipment (TCAS II) be installed on each cargo aircraft with a payload capacity of 15,000 kilograms or more. (Sec. 403) Directs the Administrator of the FAA to solicit comments on the need for: (1) improvement of runway safety areas; and (2) the installation of precision approach path indicators. (Sec. 404) Makes applicable to other specified types of aircraft (currently exempted from them), including turbojet-powered aircraft and aircraft equipped to carry only one individual, certain requirements that commercial aircraft be outfitted with an emergency locator transmitter. (Continues to exempt from such requirements aircraft used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary, training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin, flight operations related to design and testing, the manufacture, preparation, and delivery of aircraft, showing compliance with regulations, exhibition, or air racing, or the aerial application of a substance on agricultural crops.) (Sec. 405) Prohibits the Administrator of the FAA, except for the facilitation of law enforcement, from issuing a certificate to any person: (1) convicted of a violation of any Federal or State law relating to the installation, production, repair, or sale of a counterfeit or falsely represented aviation part or material; or (2) subject to a controlling or ownership interest of an individual convicted of such violation. Directs the Administrator to revoke any such certificates issued to convicted persons or persons who knowingly facilitate such a violation. Prohibits the employment of an individual convicted of counterfeit parts dealing to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft. (Sec. 406) Subjects to a civil penalty of up to $10,000 any individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft. (Sec. 407) Directs the Secretary to work with appropriate international organizations and aviation authorities of other nations to bring about their establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with domestic air carriers. Establishes a civil penalty for any air carrier that discriminates against handicapped persons while providing air transportation, unless such carrier provides such individual a credit or voucher in a certain amount for the purchase of a ticket on that carrier or any affiliated carrier. (Sec. 408) Authorizes the Secretary to request the head of any Federal department, agency, or instrumentality to convey land or airspace owned or controlled by it to a public agency for use that will complement, facilitate, or augment airport development, including the development of additional revenue from both aviation and nonaviation sources. Authorizes the Secretary, upon making certain determinations, to grant a release from any conditions contained in such conveyances in order to facilitate the development of additional revenue from aeronautical sources. Authorizes the Administrators of the FAA or the General Services Administration (GSA) to convey all right, title, and interest in 12 acres of property at Lake Minchumina, Alaska, to the Iditarod Area School District. (Sec. 409) Directs the Administrator of the FAA to issue a notice of proposed rulemaking to develop procedures to protect air carriers and their employees from civil enforcement action under the Flight Operations Quality Assurance program. (Sec. 410) Directs the Administrator of the FAA to identify or develop a plan to implement the wide area augmentation system (WAAS) to provide navigation and landing approach capabilities for civilian use and make a determination as to whether a backup system is necessary. Authorizes appropriations. (Sec. 411) Directs the Administrator of the FAA to reissue, and provide for public comment on, the notice to operators published in the Federal Register on January 2, 1998, which advised Alaska guide pilots of the applicability of part 135 of CFR title 14 to guide pilot operations. (Sec. 413) Directs the Administrator of the FAA to establish an advanced qualification program oversight committee to give advice on the development and execution of Advanced Qualification Programs (alternative methods for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel (human factors training program)) for air carriers, and to encourage their adoption and implementation. (Sec. 414) Directs the Inspector General of the Department of Transportation (DOT) to initiate an independent assessment that ensures that the method for capturing and distributing overall FAA costs is appropriate and reasonable. Authorizes appropriations. (Sec. 415) provides for the enforcement of whistleblower laws for FAA employees. (Sec. 416) Directs the Administrator of the FAA to report to the Congress on a plan to modernize the oceanic air traffic control system (including a budget for such program). (Sec. 417) Directs the Administrator of the FAA to report biannually to the Congress on the air transportation oversight system program announced on May 13, 1998, in detail on the training of inspectors, the number of them using the system, air carriers subject to the system, and the budget for the system. (Sec. 418) Declares that the Secretary may authorize the use, in whole or in part, of a completed environmental assessment or environmental impact study for a new airport construction project that is substantially similar in nature to one previously constructed pursuant to a completed assessment or study in order to avoid unnecessary duplication of expense and effort. (Sec. 419) Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of any FAA order, regulation, or standard or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations. Sets forth a department of Labor compliant procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Specifies civil penalties for violation of this Act. (Sec. 420) Authorizes the Administrator of the FAA to improve real property leased for air navigation facilities without regard to the costs of such improvements in relation to the cost of the lease, if certain conditions are met. (Sec. 421) Declares that the denial to air carriers (that conduct operations as a public charter with aircraft that are designed to carry more than nine passengers per flight) of access to certain reliever airports shall not be considered to be unreasonable or unjust discrimination. (Sec. 422) Directs the Secretary of Commerce to establish an Intergovernmental Task Force for International Visitor Assistance. Requires the Task Force to: (1) examine, and report to the President and the Congress its recommendation on, signage at U.S. facilities (including airports, seaports, land border crossings, highways, and bus, train, and other public transit stations); and (2) identify and suggest solutions to existing inadequacies, such as the adoption of uniform standards on international signage for use throughout the United States in order to facilitate international visitors' travel here. Requires the Task Force also to examine and report on: (1) the availability of multilingual travel and tourism information and means of disseminating it; and (2) establishment of a toll-free, private-sector operated telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency. Directs the Secretary of Commerce to complete, as soon as may be practicable, a satellite system of accounting for the travel and tourism industry. Authorizes appropriations for the U.S. National Tourism Organization international promotional activities. Prohibits the use of such funds for any purpose other than marketing, research, outreach, or any other activity designed to promote the United States as the premiere travel and tourism destination in the world. States that the Organization's general and administrative expenses shall be borne by the private sector. (Sec. 423) Directs the Administrator of the FAA to determine whether its safety regulations are equivalent to the safety standards set forth in European Union Directive 89-336EEC. Directs the Administrator, if such standards are equivalent, to work with the Secretary of Commerce to gain acceptance of such determination pursuant to the Mutual Recognition Agreement between the United States and the European Union of May 18, 1998, in order to ensure that aviation products approved by the FAA are acceptable under the Directive. (Sec. 424) Expresses the sense of the Senate that: (1) the property taxes on public-use airports should be assessed fairly, regardless of the location of the airport owner; and (2) the property tax recently assessed on the City of The Dallas, Oregon, as the owner and operator of the Columbia Gorge Regional-The Dallas Municipal Airport, State of Washington, should be repealed. (Sec. 425) Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to authorize FAA employees under the new FAA personnel management system to appeal to the Merit Systems Protection Board and seek judicial review of Board decisions. (Sec. 426) Establishes an Aircraft Repair and Maintenance Advisory Panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities located within, or outside of, the United States. Authorizes the Administrator to seek the advice of the panel on issues related to methods to improve the safety of domestic or foreign contract aircraft and aviation component repair facilities. Directs the Administrator to request aircraft and aviation component repair stations located outside or inside the United States to submit information necessary to assess safety issues and enforcement actions with respect to the work performed at those stations on aircraft used by U.S. air carriers. Requires such information to include: (1) the existence and administration of employee drug and alcohol testing programs; and (2) the amount and type of aircraft and aviation component repair work performed on U.S. and foreign aircraft. (Sec. 427) Directs the Secretary to study and report to the Congress on the desirability and implications of: (1) decreasing from 75 to 51 percent the portion of the voting interest owned or controlled by U.S. citizens necessary to qualify a corporation or association as a U.S. citizen under the Federal transportation law; and (2) revising the definition of air carrier under such law to cover any company whose principal place of business is in the United States (currently, such an air carrier must be a U.S. citizen). (Sec. 428) Declares that the memorandum of agreement between the Administrator of the FAA and any person that directly obtains aircraft situational display data shall require that such person: (1) demonstrate the capability of selectively blocking the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and (2) agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon FAA request. (Sec. 429) Expresses the sense of the Senate that the Secretary should: (1) act vigorously to ensure the enforcement of U.S. rights under the Bermuda II Agreement; (2) intensify efforts to obtain assurances from the United Kingdom to allow U.S. air carriers to operate commercially viable, competitive service for the Charlotte-London (Gatwick) and Cleveland-London (Gatwick) routes; and (3) ensure that the rights of the United States and U.S. citizens and air carriers are enforced under the Agreement before seeking to renegotiate a broader bilateral agreement to establish additional rights for U.S. air carriers and foreign air carriers of the United Kingdom, including the right to commercially viable competitive slots at Gatwick Airport and Heathrow Airport in London, England, for U.S. air carriers. (Sec. 431) Directs the Secretary of the Treasury to report annually to the Secretary the amount of State taxes collected during the preceding fiscal year that were transferred to the Airport and Airway Trust Fund. Directs the Secretary to report annually to the Congress for the preceding fiscal year: (1) the State dollar contribution to the Airport and Airway Trust Fund; and (2) the amount of airport development and noise compatibility funds made available to the State. (Sec. 432) Directs the Administrator of the FAA to work with the Taos Pueblo to study the feasibility of conducting a demonstration project to require all aircraft that fly over Taos Pueblo and the Blue Lake Wilderness Area of Taos Pueblo, New Mexico, to maintain a mandatory minimum altitude of at least 5,000 feet above ground level. (Sec. 433) Directs the Secretary to promulgate regulations to provide for improved oral and written disclosures to each consumer of air transportation concerning the corporate name of the air carrier that provides such transportation. (Sec. 434) Directs the FAA to use necessary funds to contract for the operation of air traffic control towers in Salisbury, Maryland, Bozeman, Montana, and Boca Raton, Florida. (Sec. 435) Amends the Death on the High Seas Act to authorize, in addition to any pecuniary damages, the recovery of up to $750,000 (adjusted for inflation beginning in calendar year 2000) of nonpecuniary damages for wrongful death caused during commercial aviation. Title V: Aviation Competition Promotion - Directs the Secretary to establish a four-year pilot aviation development program to provide funds to up to 40 small communities or consortia of communities and States with inadequate access to the national transportation system to improve their access to such system. (Sec. 503) Directs the Administrator of the FAA, in order to facilitate the use of, and improve the safety at, small airports, to establish a pilot program (community-carrier air service program) to contract for Level I air traffic control services at 20 facilities not eligible for participation in the Federal Contract Tower program. Waives the State or local contribution requirement with respect to such program. Authorizes appropriations. (Sec. 504) Authorizes appropriations for FY 2000 through 2004 for the community-carrier air service program. (Sec. 505) Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small and medium-sized communities. Requires the Secretary, if such practices are found to inhibit the availability of such service, to promulgate regulations to address the problem. (Sec. 506) Requires the Secretary, after receiving an application for an exemption to provide nonstop regional jet air service between an airport with fewer than two million annual enplanements and a high density airport, to grant or deny the exemption in accordance with established principles of safety and the promotion of competition. Authorizes the Secretary to permit: (1) an air carrier or an affiliated air carrier to upgrade its service under the exemption to a larger jet aircraft; and (2) an air carrier to change the nonhub airport or small hub airport for which the exemption was granted to provide the same service to a different airport that is smaller than a large hub airport, if certain conditions are met. Provides for the termination of an exemption if the air carrier uses the slot for any purpose other than the purpose for which it was granted or in violation of the conditions under which it was granted. (Sec. 507) Directs the Secretary, subject to specified conditions, to grant exemptions from the prohibitions against the operation of aircraft nonstop between Ronald Reagan Washington National Airport and another airport more than 1,250 miles away (perimeter rule), and against the increase or decrease by the Administrator in the number of takeoffs and landings (the High density Rule), to any air carrier that operates limited frequencies and aircraft on select routes between National Airport and domestic hub airports. Mandates such an exemption if the Secretary finds that it will: (1) provide air transportation service with domestic network benefits in areas beyond the perimeter; (2) increase competition in multiple markets; (3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter; and (4) not result in meaningfully increased travel delays. Sets forth specified requirements with respect to such exemptions. Directs the Secretary to: (1) grant exemptions from the High Density Rule to commuter air carriers (not including Stage 3 aircraft) for service to airports with fewer than two million annual enplanements within the perimeter established for aircraft at Ronald Reagan Washington national Airport; and (2) develop criteria for distributing slot exemptions for flights within the perimeter to such airports in a manner consistent with the promotion of air transportation. Directs the Secretary to assess the impact of granting slot exemptions, including the impacts of additional slots and flights at Ronald Reagan Washington National Airport on safety, noise levels, and the environment. Declares that certain provisions prohibiting the Metropolitan Washington Airports Authority from increasing or decreasing instrument flight rule takeoffs and landings under the High density Rule shall not apply to any increase in the number of such takeoffs or landings necessary to implement slot exemptions granted by the Secretary under this Act. Directs the Secretary to give priority in making grants to applications for airport noise compatibility planning and programs at and around airports where operations increase under this Act. (Sec. 508)Directs the Secretary to grant 30 slot exemptions over a three-year period at Chicago O'Hare international Airport provided certain conditions are met. Directs the Secretary to study and submit a report three years after the first slot exemption granted is used on the impact of the additional slots on the safety, environment, noise, access to underserved markets, and competition at such airport. Requires the Secretary to study community noise levels in the areas surrounding the four high-density airports after the 100 percent Stage 3 fleet requirements are in place, and compare those levels with the levels in such areas before 1991. (Sec. 509) Declares that it shall be an unfair or deceptive practice for any carrier utilizing electronically transmitted tickets to fail to notify the purchaser of a ticket's expiration date, if any. (Sec. 510) Directs the Secretary to study and report to specified congressional committees on the efficacy of a program of Federal loan guarantees for the purchase of regional jets by commuter air carriers that service underserved markets. (Sec. 511) Directs the General Accounting Office (GAO) to study the current state of the national airport network and its ability to meet the air transportation needs of the United States over the next 15 years. Title VI: National Parks Overflights - Prohibits a commercial air tour operator from conducting commercial air tour operations over a national park or tribal lands, except in accordance with this Act, conditions prescribed for that operator by the Administrator of the FAA, and with any commercial air tour management plan for the park or tribal lands. (Sec. 602) Sets forth specified requirements with respect to: (1) the granting of authority to commercial air tour operators to conduct air tour operations over national parks or tribal lands, with specified exceptions; and (2) establishment of commercial air tour management plans. Exempts from the requirements of this Act: (1) the Grand Canyon National Park, or any Indian country within or abutting such park; or (2) any land or waters located in Alaska. (Sec. 603) Directs the Administrator of the FAA and the Director of the National Park Service (Director) to establish, jointly, an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours over and near national parks. Directs the Administrator of the FAA and the Director to report jointly to the Congress on the effectiveness of this Act in providing incentives for the development and use of quiet aircraft technology. (Sec. 604) Directs the Administrator of the FAA to report to the Congress on the effects proposed overflight fees are likely to have on the commercial air tour industry. (Sec. 605) Prohibits any commercial air tour from operating in the airspace over the Rocky Mountain National Park. Title VII: Title 49 Technical Corrections - Sets forth certain technical corrections to specified sections of Title 49 of the United States Code.
United States · United States Congress · 19 January 1999
Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). (Sec. 2) Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 4) Sets forth revised pay-as-you-go provisions for the Senate to conform with the biennial framework. (Sec. 5) Conforms provisions governing the President's budget to the biennial framework. (Sec. 6) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 7) Amends CBA to provide that it shall not be in order in the House of Representatives or the Senate to consider: (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. Provides that, in the Senate, such point of order shall not apply to: (1) any measure that is privileged for consideration pursuant to a rule or statute; (2) any matter considered in Executive Session; or (3) an appropriations measure or reconciliation bill. (Sec. 8) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 9) Provides that it shall not be in order in the House or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any Appropriations subcommittee for only the first fiscal year of a biennium unless the program, project, or activity for which such authority or limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended. (Sec. 10) Requires the Director of the Office of Management and Budget to report to the Budget Committees on the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on the two-year period.
United States · United States Congress · 19 January 1999
Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act. Directs that appeals from: (1) the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, and Nevada be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals. Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress. (Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges. (Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction. Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference.
United States · United States Congress · 19 January 1999
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Bars any surplus of receipts (including interest) over outlays of the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds from being counted for purposes of this article. Requires any deficit of receipts (including interest) relative to outlays of such trust funds to be counted and to be completely offset by a surplus of all other receipts over all other outlays. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by a roll call vote. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious military threat to national security as declared by a joint resolution which becomes law. Allows any enforcement or implementation legislation of the Congress to rely on estimates of outlays and receipts. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Biennial Budgeting and Appropriations Title II: Emergency Spending Reforms Title III: Clarifying Changes to Pay-As-You-Go Title IV: Reform of the Senate's Consideration of Appropriations Bills, Budget Resolutions, and Reconciliation Bills Title V: Budget Act Amendments Regarding the Senate's Consideration of Budget Resolution and Reconciliation Bills Budget Enforcement Act of 1999 - Title I: Biennial Budgeting and Appropriations - Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 104) Sets forth revised pay-as-you-go provisions for the Senate to conform with the biennial framework. (Sec. 105) Conforms provisions governing the President's budget to the biennial framework. (Sec. 106) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 107) Amends the CBA to provide that it shall not be in order in the House of Representatives or the Senate to consider: (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. Provides that, in the Senate, such point of order shall not apply to: (1) any measure that is privileged for consideration pursuant to a rule or statute; (2) any matter considered in Executive Session; or (3) an appropriations measure or reconciliation bill. (Sec. 108) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 109) Provides that it shall not be in order in the House or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any Appropriations subcommittee for only the first fiscal year of a biennium unless the program, project, or activity for which such authority or limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended. (Sec. 110) Requires the Director of the Office of Management and Budget to report to the Budget Committees on the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on the two-year period. Title II: Emergency Spending Reforms - Amends the CBA to require the President, in designating a provision of legislation as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), to submit to the Congress an analysis of whether a proposed emergency requirement meets criteria specified under this title. Requires the committee report accompanying such legislation to make such analysis as well. Provides that a proposed expenditure or tax change is an emergency requirement if it is: (1) necessary, essential, or vital; (2) sudden, quickly coming into being, and not building up over time; (3) an urgent, pressing, and compelling need requiring immediate action; (4) unforeseen, unpredictable, and unanticipated; and (5) not permanent, temporary in nature. Requires the President or the committee report to justify why a proposed requirement is an emergency if it fails to meet such criteria. Strikes: (1) emergency requirements in legislation under consideration in the Senate when a point of order is sustained against such requirements; and (2) non-emergency provisions in emergency supplemental appropriations legislation when a point of order is so sustained. Title III: Clarifying Changes to Pay-As-You-Go - Amends H. Con. Res. 67 (104th Congress) to apply a point of order in the Senate against consideration of direct spending or revenue legislation that would increase or cause an on-budget deficit (currently, that would increase the deficit) for specified time periods. (Sec. 302) Amends the Gramm-Rudman-Hollings Act to make conforming amendments to pay-as-you-go provisions to assure that legislation increasing, or causing, an on-budget deficit will trigger sequestration. Adds the estimate of the on-budget surplus for the budget year in the calculation of the deficit increase or decrease. (Sec. 303) Amends the CBA to consider to be extraneous matter in a reconciliation measure provisions that would increase net outlays or decrease revenues and cause an on-budget deficit in a fiscal year after the years covered by such measure, when taken with other provisions in the bill. Title IV: Reform of the Senate's Consideration of Appropriations Bills, Budget Resolutions, and Reconciliation Bills - Government Shutdown Prevention Act - Amends Federal law relating to appropriations to provide for continuing appropriations in the absence of regular appropriations. Sunsets this title after FY 2001. Title V: Budget Act Amendments Regarding the Senate's Consideration of Budget Resolution and Reconciliation Bills - Amends the CBA to prohibit the budget resolution from including precatory language. Revises provisions regarding Senate procedure for consideration of the budget resolution. Provides that it shall not be in order in the Senate to proceed to consideration of the budget resolution unless the resolution's text has been available to Members for at least one calendar day prior to consideration. Decreases the time for debate in the Senate on the resolution and amendments. Sets forth new provisions regarding the disposition and filing of amendments and other matters after a period of debate, limits on second-degree amendments, debate on motions to recommit, and disposition of conference reports. (Sec. 502) Defines "major functional category" as the allocation of budget authority and outlays separated into the following subtotals: (1) defense discretionary; (2) nondefense discretionary; (3) direct spending; and (4) other subsets of discretionary and direct spending, as necessary. (Sec. 503) Changes the pay rates for the Director and Deputy Director of the Congressional Budget Office.
United States · United States Congress · 19 January 1999
Agricultural Trade Act of 1999 - Expresses the sense of the Congress that the principal agricultural trade negotiating objectives of the United States for future multilateral and bilateral trade negotiations, including the World Trade Organization (WTO), shall be to achieve, on an expedited basis and to the maximum extent feasible, more open and fair conditions for trade in agricultural commodities by: (1) developing, strengthening, and clarifying rules for agricultural trade, including disciplines on restrictive or trade-distorting import and export practices; (2) increasing U.S. agricultural exports by eliminating barriers to trade (including transparent and nontransparent barriers) and other constraints to fair and more open markets access in foreign markets, such as export subsidies, quotas, and other non-tariff import barriers; (3) developing, strengthening, and clarifying rules that address practices that unfairly limit U.S. market access opportunities or distort agricultural markets to the detriment of the United States; (4) ensuring that there are reliable suppliers of agricultural commodities international commerce by encouraging countries to treat foreign buyers no less favorably than domestic buyers of the commodity involved; and (5) eliminating barriers for meeting the food needs of the world through the use of biotechnology by ensuring access to U.S. commodities derived from biotechnology that is scientifically defensible, opposing the establishment of protectionist trade measures disguised as health standards, and protesting continual delays by other countries in their approval processes which constitute non-tariff trade barriers. (Sec. 4) Directs the President to review all unilateral economic sanctions imposed against foreign countries for reasons of foreign policy or national security.
United States · United States Congress · 19 January 1999
Family Heritage Preservation Act - Amends the Internal Revenue Code to repeal the estate tax, gift tax, and tax on generation-skipping transfers.
United States · United States Congress · 19 January 1999
Collegiate Learning and Student Savings Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; and (2) exclude from gross income such program distributions used for qualified higher education expenses. Amends the Investment Company Act of 1940 to exempt qualified tuition programs from the definition of an investment company.
United States · United States Congress · 19 January 1999
Estate and Gift Tax Rate Reduction Act of 1999 - Amends the Internal Revenue Code to phase out the estate and gift tax over a ten-year period.
United States · United States Congress · 19 January 1999
Recognizes May 15, 1999, as Peace Officers Memorial Day, in honor of Federal, State, and local officers killed or disabled in the line of duty.
United States · United States Congress · 8 October 1998
TABLE OF CONTENTS: Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions Subtitle A: Affiliations Subtitle B: Streamlining Supervision of Financial Holding Companies Subtitle C: Subsidiaries of National Banks Subtitle E (sic): Preservation of FTC Authority Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions Subtitle G: Federal Home Loan Bank System Modernization Subtitle H: Direct Activities of Banks Subtitle I: Deposit Insurance Funds Subtitle J: Effective Date of Title Title II: Functional Regulation Subtitle A: Brokers and Dealers Subtitle B: Bank Investment Company Activities Subtitle C: Securities and Exchange Commission Supervision of Investment Bank Holding Companies Subtitle D: Studies Title III: Insurance Subtitle A: State Regulation of Insurance Subtitle B: National Association of Registered Agents and Brokers Title IV: Unitary Savings and Loan Holding Companies Title V: Financial Information Privacy Title VI: Miscellaneous Financial Services Act of 1998 - Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against 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 exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board of Governors of the Federal Reserve System (the Board), as of the day before the date of enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Creates a statutory mechanism for the establishment of financial holding companies (FHCs) whose subsidiary depository institutions are well-capitalized and well-managed and meet other specified criteria. Instructs the Board to establish and apply comparable capital standards to a foreign bank with a subsidiary bank or commercial lending company in the United States. Permits an FHC and a Board-supervised investment bank holding company (BHC) to engage in any activity and acquire the shares of any company whose activities have been determined by the Board to be either financial in nature, or incidental to financial activities. Mandates consultation and coordination, according to specified guidelines, between the Board and the Department of the Treasury regarding determination of whether an activity is financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, certain financial operations abroad, and ownership or control of banking interests. Requires an FHC to make assurances that risk management procedures adequately protect insured depository institution subsidiaries, including reasonable measures to preserve separate corporate identity and limited liability. Mandates notification to the Board of certain large business combinations with FHCs or wholesale FHCs. Cites circumstances under which an FHC (and its foreign counterpart) may engage in nonfinancial activities. Permits FHCs which were not BHCs or foreign banks before becoming FHCs to retain limited non-financial activities and affiliations. Sets forth cross-marketing restrictions for FHC-controlled depository institutions. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, wholesale financial institutions, insurance concerns, and national banks. Cites exceptions to such preemption, especially for State regulation of the business of insurance, including the retention of State capitalization requirements for an insurance entity acquired by another entity, and specified consumer protections. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution in any way that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. (Sec. 105) Requires that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (RNIBBEA) to apply its prohibition against deposit production offices to interstate branches acquired or established under this Act, including all branches of a bank owned by an out-of-State BHC. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to apply to any branch of a bank controlled by an out-of-State BHC certain requirements for branch closures by an interstate bank. (Sec. 108) 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. (Sec. 109) Directs the Federal Trade Commission (FTC) to present interim reports to the Congress regarding an ongoing multistage study of consumer privacy issues. (Sec. 110) Directs the Comptroller General to study and report to the Congress on the projected impact that the enactment of this Act will have on financial institutions with total assets of $100 million or less. Subtitle B: Streamlining Supervision of Financial Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution FHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. (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. Mandates Board deference to the SEC and relevant State securities and insurance authorities with respect to interpretations and enforcement of activities (functional regulation) within their respective jurisdictions. (Sec. 112) Provides that a declaration filed by a company seeking to be an FHC shall satisfy BHC registration requirements but not any requirement to file an application to acquire a bank. Revises BHCA divestiture procedures to permit a BHC to elect divestiture of either a nonbanking subsidiary or an insured depository institution. (Sec. 113) 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) Authorizes the Board to restrict relationships or transactions between: (1) a BHC depository institution subsidiary and its affiliates (other than a subsidiary of the institution); and (2) a foreign bank and its U.S. affiliates. (Sec. 115) 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. (Sec. 116) Prohibits the Board from taking any action under the BHCA or the FDIA against a BHC-regulated subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice or breach of fiduciary duty by the subsidiary that poses a material risk to the financial safety, soundness or stability of an affiliated depository institution or to the domestic or international payment systems. (Sec. 117) Declares it is the intent of the Congress that the Board and State insurance regulators should: (1) coordinate their respective supervision of companies that control a depository institution and a company engaged in insurance activities; and (2) share relevant information on a confidential basis (including information regarding the financial health of the consolidated organization, and transactions and relationships between insurance companies and affiliated depository institutions). States that Federal banking agencies for depository institutions should also share information with State insurance regulators on a confidential basis regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. Sets forth guidelines for such information exchange and confidentiality. (Sec. 118) Declares that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries shall also limit the authority of the Comptroller of the Currency and the Director of the Office of Thrift Supervision with respect to such companies and their nonbank subsidiaries. (Sec. 119) Amends the FDIA to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any affiliates or subsidiaries of certain insured depository institutions in receivership, in default, or in danger of default, or of any insured depository institution in such circumstances that is acquiring another insured depository institution. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to set forth conditions under which subsidiaries of well-capitalized, well-managed national banks may, with the Comptroller of the Currency's approval, engage in financial activities impermissible for a national bank. Sets parameters within which a national bank subsidiary may underwrite non-credit related insurance, or engage in real estate or development activities. Requires a national bank that establishes or maintains a financial subsidiary to implement specified safeguards. Empowers the Comptroller of the Currency to enforce such safeguards. (Sec. 121) Permits a national bank to hold an interest in a company wholly-owned by insured depository institutions or their subsidiaries, and which engages in agency activities permissible for financial subsidiaries of national banks. (Sec. 122) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 123) Amends the Federal Reserve Act to repeal: (1) the Board's power to restrict the percentage of individual bank capital and surplus represented by loans secured by stock or bond collateral; and (2) the Board's duty to establish such restrictions with a view to preventing the undue use of bank loans for the speculative carrying of securities. (Sec. 124) Sets forth rules governing transactions between financial subsidiaries of a bank and the bank, and between such subsidiaries and nonbank affiliates. (Sec. 125) Amends the BHCA of 1956 to mandate the prior approval of the Board of Governors of the Federal Reserve System for any action that causes any bank with consolidated assets of at least $15 billion (or any group of affiliated banks with combined assets of at least $15 billion) to cease to be controlled by any bank holding company, financial holding company, or wholesale financial holding company. Subtitle E (sic): Preservation of FTC Authority - 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. 142) Directs certain Federal banking agencies to make data available to the Attorney General and the FTC that they deem necessary for antitrust review under specified statutes. (Sec. 143) 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. 144) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company under the IBA to engage in any financial activity, if it files a BHCA declaration to function as a qualified BHC (QBHC). (Consequently, foreign banks with grandfathered affiliates would be permitted to keep them on the same terms and conditions that govern domestic banking organizations.) (Sec. 152) Amends the FDIA to allow insured foreign banks and foreign wholesale financial institutions (WFIs) to terminate deposit insurance voluntarily in the same manner and to the same extent as insured State or national banks. (Sec. 153) Amends the International Banking Act of 1978 to authorize the Board to examine any affiliate of a foreign bank conducting business in any State in which the Board deems it necessary to determine and enforce compliance with Federal banking law. Subtitle G: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1998 - Amends the Federal Home Loan Bank Act (FHLBA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Permits such an association to withdraw its membership (currently such withdrawal is prohibited). (Sec. 164) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loan secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the Federal Housing Finance Board (FHFB). Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). Authorizes such Board to: (1) review the collateral standards applicable to each Federal home loan bank for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 165) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 166) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition of a bank building by purchase or over ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (2) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; (2) address insufficiencies in capital levels resulting from automatic membership of a Federal savings association in the local FHLB; and (3) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Expands the mandate of FHLB Affordable Housing Programs to include providing subsidies (in addition to subsidized interest rates) on advances for member lending for low- and moderate-income housing. Authorizes each FHLB board of directors to approve member requests for Affordable Housing Program subsidies. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 167) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). Subtitle H: 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. Subtitle I: Deposit Insurance Funds - Directs the Board of Directors of the Federal Deposit Insurance Corporation to study and report to the Congress on specified issues regarding the BIF and the SAIF, including their safety and soundness, and the adequacy of their reserve requirements in light of mergers and consolidations within the industry. Subtitle J: Effective Date of Title - Sets forth the effective date of Title I of this Act. 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: (1) promulgate regulations and complaint procedures applicable to retail transactions, solicitations, advertising, or offers of any security by any insured depository institution or affiliate other than a registered broker or dealer; (2) jointly establish a grievance process for customer complaints against banks or bank employees arising in connection with securities sales or purchases; and (3) establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 206) 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 Securities and Exchange Commission (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. 207) 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 prescriptions. (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: SEC 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 bank holding companies. Sets forth the parameters of SEC supervision of investment bank holding companies, 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. Grants the SEC backup inspection authority for certain wholesale financial holding companies for monitoring and compliance enforcement purposes. Subtitle D: Studies - Directs the Comptroller General to report to the 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 - Subtitle A: State Regulation of Insurance - Declares 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) Requires each Federal banking agency to: (1) issue consumer protection regulations (including physical segregation of banking activities from insurance product activities); and (2) prohibit discrimination against victims of domestic violence. Expresses the sense of the Congress that the States should adopt regulations prohibiting such discrimination regarding insurance products that are at least as strict as those under this Act. Mandates that the Federal banking agencies jointly establish a consumer complaint mechanism to address violations of this Act expeditiously. (Sec. 308) 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. Subtitle B: National Association of Registered Agents and Brokers - Sets forth a regulatory framework for uniform multistate licensing for insurance sales practices, to take effect only if a majority of the States have not enacted uniform laws and regulations governing the licensure of insurance sales by individuals and entities within three years after enactment of this Act. (Sec. 322) Establishes the National Association of Registered Agents and Brokers (the Association) as a non-profit, non-Federal agency, to provide a mechanism for uniform licensing, appointment, continuing education, and other insurance producer sales qualification requirements which can be adopted and applied on a multistate basis, while preserving the right of States to regulate insurance producers and insurance-related consumer protection and unfair trade practices. (Sec. 324) Subjects the Association (which shall not be considered a Federal agency or instrumentality) to regulation by the National Association of Insurance Commissioners (NAIC). Requires the Association to establish an office of consumer complaints. Vests management of the Association in a board of directors. Cites circumstances under which Association rules preempt State regulation of insurance producers. Requires the Association to coordinate with the National Association of Securities Dealers in order to mitigate administrative burdens that may result from dual membership. Title IV: Unitary Savings and Loan Holding Companies - Amends the Home Owners' Loan Act to prohibit new affiliations between savings and loan holding companies and certain commercial firms, except in specified circumstances. (Sec. 402) Permits Federal savings associations to convert into national banks if the resulting bank meets all applicable financial, management, and capital requirements. (Sec. 403) Amends specified Federal law to declare that any depository institution the charter of which is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution. Title V: Financial Information Privacy - Financial Information Privacy Act of 1998 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. (Sec. 501) Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws. Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to Federal civil and criminal penalties. Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act. Requires the Comptroller General to report to the Congress: (1) on the efficacy and adequacy of the remedies provided in this Act addressing attempts to obtain financial information by fraudulent means or by false pretenses; and (2) any recommendations for additional action to address threats to the privacy of financial information created by such attempts. Title VI: Miscellaneous - Amends Federal criminal law to cite circumstances under which a court may direct disclosure of grand jury information concerning a banking law violation to certain personnel of a Federal or State financial institution. (Sec. 602) Expresses the sense of the Senate Committee on Banking, Housing, and Urban Affairs that: (1) the small business tax provisions of the Internal Revenue Code should be more widely available to community banks; and (2) in conjunction with any financial modernization legislation the Congress should amend the Code for certain purposes. Urges such legislation to: (1) increase the number of S corporation shareholders; (2) permit S corporation stock to be held in individual retirement accounts (IRAs); (3) clarify that interest on investments held for safety, soundness, and liquidity purposes should not be considered passive income; (4) provide that bank director stock is not treated as a disqualifying second class of stock for S corporations; and (5) improve the tax treatment of bad debt and interest deductions. (Sec. 603) Amends the Federal Deposit Insurance Act to specify circumstances under which the Secretary of the Treasury may: (1) approve an affiliation between a depository institution and the Student Loan Marketing Association (SALLIE MAE) solely in its reorganized, privatized status as "the Holding Company", not in its status as a government sponsored enterprise (GSE); and (2) impose affiliation terms and conditions, including restrictions upon either the issuance of debt obligations by SALLIE MAE in its GSE status, or upon the use of proceeds from such obligations. (Current law prohibits affiliations between depository institutions and GSEs). Limits the value of the investment portfolio of SALLIE MAE in its GSE status in the event such affiliation should occur to the lesser of: (1) its value upon enactment of this Act; or (2) its value on the date such an affiliation is consummated. Grants the Secretary enforcement powers under the Higher Education Act of 1965. (Sec. 604) Amends the BHCA of 1956 to repeal certain authority, requirements, and restrictions relating to insurance activities of savings bank subsidiaries of bank holding companies.
United States · United States Congress · 7 October 1998
Amends the Pacific Northwest Electric Power Planning and Conservation Act to: (1) decrease the funding available to the fish and wildlife protection program of the Northwest Power Planning Council; (2) extend such program to September 30, 2002; and (3) prescribe specified procedures for the review of programs or measures proposed in a Federal agency budget to be reimbursed or directly paid for by the Bonneville Power Administration with respect to Columbia Basin fish and wildlife.
United States · United States Congress · 1 October 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and those engaged in the manufacture and distribution of oilheat utilization equipment in the United States (but not the ultimate consumers of oilheat). Permits State industry trade association participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs; and (2) establish a program coordinating its operation with that of any similar State, local, or regional program. Prescribes allocation guidelines governing Alliance funds made available to a qualified State association. Conditions fund availability upon the Alliance's determination that the funds will be used to benefit the oilheat industry directly. Empowers the Alliance to bring suit in Federal district court to compel compliance with any assessments it levies. Mandates that Alliance-funded consumer education activities include a statement that they were supported by the Alliance. Prohibits such consumer education activities from including: (1) a reference to a private brand name; (2) a false or unwarranted claim on behalf of oilheat or related products; or (3) a reference regarding the attributes or use of any competing product. Prescribes procedural guidelines for the filing and transmittal of complaints, including judicial review in Federal court.
United States · United States Congress · 1 October 1998
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Bars any surplus of receipts (including interest) over outlays of the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds from being counted for purposes of this article. Requires any deficit of receipts (including interest) relative to outlays of such trust funds to be counted and to be completely offset by a surplus of all other receipts over all other outlays. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by a roll call vote. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious military threat to national security as declared by a joint resolution which becomes law. Allows any enforcement or implementation legislation of the Congress to rely on estimates of outlays and receipts. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 28 September 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alternative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Title VII: Criminal Background Checks on Port Employees Title VIII: Drug Currency Forfeitures Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of radar coverage in drug source and transit countries. (Sec. 101) Directs the Secretary of Defense to examine and report to specified congressional committees on the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Transportation for operating expenses of the Coast Guard (including acquisition, construction, and improvement of facilities and equipment) associated with expansion of drug interdiction activities around Puerto Rico, the U.S. Virgin Islands, and other transit zone areas of operation. Directs the Secretary to accept seven patrol craft for use by the Coast Guard for expanded drug interdiction activities. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of air coverage and operation for drug source and transit countries. Directs the Secretary of Defense to examine and report to specified congressional committees on the available options in the source and transit zones to replace Howard Air Force Base in Panama, specifying U.S. requirements to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the source and transit zones. Directs the Secretary of the Navy to transfer to the U.S. Customs Service 20 currently retired and previously identified heavyweight P- 3B aircraft for modification, half into P-3 AEW&C aircraft and half into P-3 Slick aircraft. q04q Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State for the enhancement of drug-related eradication efforts in Colombia. (Sec. 201) Prohibits U.S. counternarcotics assistance to the Government of Colombia if it negotiates or permits the establishment of any demilitarized zone in which the eradication of drug production by Colombian security forces (including the Colombian National Police antinarcotics unit) is prohibited. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the establishment of a third drug interdiction site in Peru to support air bridge and riverine missions for enhancement of drug-related eradication efforts. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 205) Expresses the sense of the Congress that any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) shall have substantial professional qualifications in the fields of management and Federal law enforcement or intelligence. Declares that the Department of Defense (DOD) shall be the principle agency responsible for implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. (Sec. 302) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Agriculture to support the counternarcotics research efforts of the Department of Agriculture's Agricultural Research Service. (Sec. 303) Requires the Director of the Office of National Drug Control Policy to develop, and report to the Congress on, a ten-year master plan for the use of mycoherbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOT for operation and maintenance for locating and operating Coast Guard assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for support for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the Administrator of the Drug Enforcement Administration (DEA) to transfer or lease a specified amount of nonlethal equipment each year to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA and the U.S. Customs Service of Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. Directs the Secretary of Defense to examine and propose to specified congressional committees recommendations regarding any organizational changes to optimize counterdrug activities, including certain alternative cost-sharing arrangements. (Sec. 502) Authorizes appropriations for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform drug interdiction activities at U.S. borders, including the Customs Service, the Border Patrol, the Federal Bureau of Investigation (FBI), the DEA, and the Immigration and Naturalization Service (INS). (Sec. 503) Expresses the sense of the Congress that the Secretary of Defense should revise DOD's Global Military Force Policy in order to: (1) treat DOD international drug interdiction and counter-drug activities as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law. Title VII: Criminal Background Checks on Port Employees - Directs the Attorney General, upon request, to grant access to identification records to any State, county, port authority, or other local jurisdiction to allow it to conduct criminal background checks on employees, or applicants for employment, at any port under its jurisdiction. Title VIII: Drug Currency Forfeitures - Drug Currency Forfeitures Act - Amends the Controlled Substances Act to cite four alternative circumstances that create a rebuttable presumption that property is subject to forfeiture if the Government offers a reasonable basis to believe that there is a substantial connection between the property and a drug trafficking offense. Requires the property at issue to be currency in excess of $10,000 that, at the time of the seizure, was being transported through an airport, on a highway, or at a port-of-entry, and meeting one of several other criteria. Subjects to such presumption, also, any property: (1) acquired during a time period when the person who acquired it was engaged in a drug trafficking offense or within a reasonable time afterwards, and there is no other likely source for such property; (2) that was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, illicit drug producing country, or money laundering country; or (3) involved in a transaction including any person who has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering, or is a fugitive from prosecution for such an offense. Amends the Federal criminal code to create a rebuttable presumption that property involved in drug money laundering subject to civil forfeiture is the proceeds of an offense involving the felonious manufacture, importation, or other dealing in a controlled substance, thus constituting the proceeds of specified unlawful activity if any of the circumstances set forth in this title apply.
United States · United States Congress · 22 September 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 21 September 1998
Declares that the Congress supports the existing Federal legal process for determining the safety and efficacy of drugs and opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without valid scientific evidence and Food and Drug Administration approval. Directs the Attorney General to report to the House and Senate Judiciary Committees, regarding specified years, on: (1) the total quantity of marijuana eradicated in the United States; and (2) the annual number of arrests and prosecutions for Federal marijuana offenses. Requires the Commissioner of Food and Drugs to report to specified congressional committees on the specific efforts underway to enforce specified provisions of the Federal Food, Drug, and Cosmetic Act regarding marijuana and other Schedule I drugs.
United States · United States Congress · 16 September 1998
Directs the Secretary of Agriculture to convey specified parcels of land (including roads) necessary for development of the small hydroelectric power project sites located within Mt. Baker-Snoqualmie National Forest, Washington, to persons holding preliminary permits issued by, or having filed license applications with, the Federal Energy Regulatory Commission covering such sites during the period of January 1, 1990, through December 31, 1996. Requires a licensee to pay the net proceeds from the sale of timber removed for project development to the Secretary. Requires such proceeds to be deposited in the Treasury and to be available to the Secretary for use in watershed and species management activities to ensure that the Northwest Forest Plan is being properly implemented on the Mt. Baker-Snoqualmie National Forest.
United States · United States Congress · 16 September 1998
Children's Health Equity Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which: (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line; and (2) demonstrate a commitment to reach and enroll such children. Defines "waivered low-income children" as those whose family income: (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child; but (2) does not exceed the Medicaid applicable income level for that child. Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children. Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year.
United States · United States Congress · 10 September 1998
Amends the Columbia River Gorge National Scenic Area Act to exclude from the boundaries of such Area specified land owned by the Port of Camas-Washougal in Clark County, Washington.