United States · United States Congress · 10 June 1999
Equity in Prescription Insurance and Contraceptive Coverage Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.
United States · United States Congress · 27 May 1999
Permits executive agencies to use appropriated funds (available to such agencies for salaries) to provide child care services, in Federal or leased facilities, or through contracts, for their employees. Requires amounts so provided to be applied to improve the affordability of child care for lower income employees.
United States · United States Congress · 27 May 1999
Federal Judgeship Act of 1999 - Directs the President to make appointments to specified additional permanent and temporary judgeships in various U.S. circuit courts of appeal and district courts. Establishes a judicial district for: (1) the Northern Mariana Islands, with court to be held at Saipan; and (2) the Virgin Islands, comprising two divisions (the Saint Croix Division, with court to be held at Christiansted, and the Saint Thomas and Saint John Division, with court to be held at Charlotte-Amalie). Includes the Northern Mariana Islands within the ninth judicial circuit. Authorizes the Chief Judge of the ninth circuit to assign judges of courts of record of the Northern Mariana Islands or Guam, including a judge of the District Court of Guam who is appointed by the President or a recalled senior judge of such court, to serve temporarily as a judge in the United States District Court for the Northern Mariana Islands when necessary. Grants such designated judges the powers of a magistrate judge. Authorizes the judges of the District Court of the Northern Mariana Islands to be summoned biennially to judicial conferences. Repeals provisions: (1) directing that such a judge who retires from office after meeting specified age and service requirements receive an annuity equal to the salary received at the time of retirement during the remainder of the judge's lifetime; and (2) granting the U.S. Court of Appeals for the Federal Circuit exclusive jurisdiction of an appeal from an interlocutory order of the District Court of the Northern Mariana Islands. Modifies the definition of: (1) "judicial official" under provisions concerning annuities for survivors of certain judicial officials of the United States to exclude a judge of the District Court of the Northern Mariana Islands and of the District Court of the Virgin Islands; (2) "States" to include the Northern Mariana Islands within such definition for purposes of diversity jurisdiction; and (3) "felony" to cover specified offenses (under provisions regarding civil commitment and rehabilitation of narcotics addicts) in violation of Northern Mariana Islands law. Permits any U.S. attorney appointed for the Northern Mariana Islands to serve at the same time as U.S. attorney in another judicial district. Allows individuals from the Northern Mariana Islands to serve as magistrates. Revises provisions of the Organic Act of the Virgin Island to grant local courts of the Virgin Islands jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Authorizes appropriations.
United States · United States Congress · 27 May 1999
Seniors' Access to Continuing Care Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act (PHSA) to prohibit health insurance provided through a managed care organization under a group health plan (and, for the PHSA, health insurance in the individual market) from denying coverage with regard to a continuing care retirement community or other qualified facility concerning: (1) post-hospitalization services in the same community or facility as in pre-hospitalization; (2) skilled nursing services without a preceding hospitalization; and (3) the same facility the participant's or beneficiary's spouse already resides in. Makes the prohibition: (1) depend on whether such services are otherwise covered; and (2) regardless of whether the organization is under contract with the community or facility. Prohibits related denial of enrollment or renewal, incentives to enrollees, and penalties or incentives to physicians. Declares that this Act does not preempt State laws meeting certain requirements, including requirements more protective of participants or beneficiaries than requirements under this Act. Provides for enforcement.
United States · United States Congress · 24 May 1999
Bear Protection Act of 1999 - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, or purchasing, possessing, transporting, delivering, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Waives such prohibition for wildlife law enforcement purposes where a valid permit has been issued. Requires the Secretary of the Interior and the Secretary of State to discuss issues involving such trade with the appropriate representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary of the Interior to report to Congress on the progress of efforts to end illegal trade in bear viscera.
United States · United States Congress · 19 May 1999
Amyotrophic Lateral Sclerosis (ALS) Treatment and Assistance Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration, or biological licensed by the Secretary of Health and Human Services, for use in the treatment or alleviation of ALS-related symptoms.
United States · United States Congress · 12 May 1999
Graduate Medical Education Payment Restoration Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act with regard to payment to hospitals for inpatient hospital services to terminate the multiyear reduction of indirect graduate medical education payments.
United States · United States Congress · 12 May 1999
Online Investor Protection Act of 1999 - Amends the Securities Exchange Act of 1934 to: (1) mandate that each online broker or dealer make available on an interactive computer service on a quarterly basis specified online trading disclosures required by the Securities and Exchange Commission (SEC), including system outages and loss limitation information; and (2) maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members. Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members. Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations. Directs the SEC to study and report to Congress on the market impact of online trading. Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities.
United States · United States Congress · 12 May 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
United States · United States Congress · 5 May 1999
Oceans Act of 1999 - Directs the President to develop and maintain a coordinated, comprehensive, and long-range national policy, consistent with U.S. international obligations, on ocean and coastal activities and, regarding Federal agencies and departments, to review ocean and coastal activities, plan and implement an integrated and cost-effective program of ocean and coastal activities, designate responsibility for funding and conducting ocean and coastal activities, and ensure cooperation and resolve differences arising from laws and regulations. (Sec. 5) Establishes the National Ocean Council to serve as the forum for developing a national policy and program, improve coordination and cooperation among Federal agencies, and take other actions. Terminates the Council one year after submission of its final report. (Sec. 6) Establishes the Commission on Ocean Policy, requiring it to report to the President and the Congress on a comprehensive national ocean and coastal policy to carry out the purpose and objectives of this Act. Authorizes appropriations. (Sec. 7) Directs the President to report to the Congress biennially on ocean and coastal activities, budgets, and accomplishments. Directs the President to annually provide general guidance to each Federal agency or department involved in coastal activities regarding the preparation of appropriations requests. Requires each such agency or department to include with its annual appropriations request a report identifying budget elements relating to ocean and coastal activities and specifying how each element contributes to the implementation of a national ocean and coastal policy. (Sec. 8) Repeals the Marine Resources and Engineering Development Act of 1966.
United States · United States Congress · 3 May 1999
Consumer Bankruptcy Reform Act of 1999 - Title I: Needs Based Bankruptcy - Amends the Federal Bankruptcy Code to modify the requirement that a debtor request conversion of a case from Chapter 7 (Liquidation) to Chapter 12 (Adjustment of Debts of a Family Farmer With Regular Annual Income) or Chapter 13 Adjustment of Debts of an Individual With Regular Income). Allows mere consent to conversion as an alternative to requesting it. (Sec. 102) Revamps Chapter 7 dismissal guidelines to provide for: (1) conversion to Chapter 13 with or without the debtor's consent; (2) a motion for dismissal by a party in interest; and (3) repeal of the presumption in favor of granting the relief requested by the debtor. Requires the court to consider whether: (1) the debtor can repay at least 30 percent of nonpriority unsecured debts; or (2) the debtor has filed in bad faith. Directs the court to order debtor's counsel to reimburse the panel trustee's legal fees if the trustee's motion for dismissal or conversion has been granted, and the court finds that the chapter 7 filing by such counsel was not substantially justified. Subjects counsel to a civil penalty for certain bankruptcy rules violations. Title II: Enhanced Procedural Protections for Consumers - Changes from mandatory to discretionary the authority of the court to: (1) award reasonable legal fees to a debtor if it disallows a creditor's claim, or reduces it by more than 20 percent, and finds it is not substantially justified; and (2) award such additional damages as may be required by the equities of the case. (Sec. 202) Amends the prohibition against discharge from a debt obtained by a false representation to require such representation to be material, and one upon which the defrauded person justifiably relied. Prohibits a creditor from requesting a determination of dischargeability of a consumer debt if, before the filing of the petition, the debtor made a good faith effort to negotiate a reasonable alternative repayment schedule and the creditor unreasonably refused. Places the burden of proof upon the debtor regarding the reasonableness of such offer. (Sec. 203) Entitles to treble damages (up to $5,000), as well as costs and attorneys' fees, any individual injured by the willful failure of a creditor to credit payments received under a confirmed plan in the manner the plan requires. (Sec. 204) Entitles to costs and attorneys' fees (as well as actual and punitive damages) any individual injured by any willful violation of an automatic stay. (Sec. 205) Authorizes a court to award a debtor: (1) reasonable attorneys' fees and costs if a creditor files a motion for denial of discharge which is denied or withdrawn; and (2) any damages the equities of the case may require, if the creditor's position is not substantially justified. (Sec. 206) Requires disallowance of any claim based upon a secured debt if the creditor has failed to comply with certain mortgage disclosure requirements of the Truth in Lending Act. (Sec. 207) Amends the Truth in Lending Act (TILA) to include among mandatory disclosures for consumer credit plans secured by the consumer's principal dwelling a statement that the interest on the portion of any credit extension exceeding the fair market value of the dwelling is not tax deductible for Federal income tax purposes. (Sec. 208) Amends the Electronic Fund Transfer Act to prescribe guidelines governing consumer liability for unauthorized electronic fund transfers where the relevant cards do not necessitate a unique identifier. Conditions such liability upon timely notification to the consumer of liability for such transfers and of the advisability of prompt reporting of any loss, theft, or unauthorized use of a card code or other means of access. Permits distribution to consumers of electronic fund transfer cards without unique identifiers only if certain validation requirements are met. (Sec. 209) Amends TILA to prescribe enhanced disclosures for: (1) repayment terms under an open end credit plan; and (2) solicitations for consumer credit applications. (Sec. 210) Amends the Bankruptcy Code to prohibit, as a violation of automatic stay requirements, any communication threatening a debtor for the purpose of coercing a debt reaffirmation agreement. (Sec. 211) Modifies guidelines governing the enforceability of debt reaffirmation agreements. (Sec. 213) Expresses the sense of Congress that: (1) bankruptcy reform legislation should include a cap of $100,000 on the homestead exemption; (2) certain lenders may offer consumer credit without taking steps to ensure repayment capability, and in a manner which may encourage additional debt accumulation; and (3) resulting consumer debt may increasingly be a major contributing factor to consumer insolvency. Instructs the Board of Governors of the Federal Reserve System to: (1) study and make public a report on indiscriminate solicitation and extension of credit by the credit industry and the attendant impact upon consumer debt and insolvency; and (2) conduct a study and report to certain congressional committees on the adequacy of information received by consumers regarding the creation of security interests under open end credit plans. Title III: Improved Procedures for Efficient Administration of the Bankruptcy System - Revises procedural guidelines to mandate: (1) written notice of credit counseling services available to the individual consumer debtor before commencement of a case; and (2) specified additional disclosures to the court and to the creditor regarding the debtor's financial status (including tax returns). (Sec. 301) Allows creditors to request and receive a debtor's petition, schedules, and statement of affairs, including any chapter 13 debt adjustment plan. Instructs the Director of the Administrative Office of the U.S. Courts to establish safeguard procedures regarding the confidentiality of such requisite tax information. (Sec. 302) Revises the requirements for allowed secured claims in a confirmed chapter 13 debt readjustment plan to redefine them as allowed claims secured under nonbankruptcy law by reason of a lien on property in which the estate has an interest or is subject to a setoff. Exempts such claims from application of specified requirements for determination of secured status. States that, with respect to court confirmation of a chapter 13 debt readjustment plan, a claim holder may retain the lien securing such claim until the underlying debt is fully paid. Exempts from application of specified requirements for determination of secured status any allowed claim attributable to the purchase price of personal property acquired by the debtor during the 90-day period preceding the petition filing date. (Sec. 303) Revises automatic stay guidelines to terminate a stay with respect to a debt or lease if the debtor has made repeated filings in bad faith. Establishes a rebuttable presumption that certain cases have been filed in bad faith. (Sec. 304) Sets forth a deadline within which the debtor must file a debt adjustment plan. (Sec. 305) Revises requirements governing a stay of action against a chapter 13 codebtor who did not receive the consideration for a claim to provide a maximum 30-day automatic stay to the extent that the creditor proceeds against: (1) the individual that received the consideration; or (2) the property not in the possession of the debtor that secures that claim. States that such stay shall apply in any case in which the debtor is primarily obligated to pay under a legally binding separation or property settlement agreement or divorce or dissolution decree. (Sec. 306) Amends the Federal judicial code to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the U.S. Courts to compile and make such statistics public and to report them annually to the Congress. (Sec. 307) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules. Requires the Attorney General to establish random audits of individual cases. (Sec. 308) Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 309) Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 310) Revises requirements governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount determined under applicable non-bankruptcy law has been fully paid as of the conversion date. (Sec. 311) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court or the parties agree to a longer time. (Sec. 312) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 313) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. (Sec. 314) Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury by the debtor that caused personal injury or death of an individual. (Sec. 315) Declares nondischargeable any debts incurred to pay prior nondischargeable debts if the debtor incurred the new debt with the intent to discharge it in bankruptcy. (Sec. 316) Establishes a presumption of nondischargeability for certain consumer debts of $400 or more incurred to a single creditor during the 90-day period preceding the date of the order for relief, and not reasonably necessary for maintenance and support of either debtor or debtor's dependent child. (Sec. 318) Declares that the automatic stay is terminated regarding property of the bankrupt estate securing a claim (of more than $3,000) or subject to an unexpired lease (with at least one year remaining, where the debtor owes at least $3,000 for a one-year period), if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame. (Sec. 319) Delineates a cash payment plan for chapter 13 debtors for payments to a lessor of personal property, and to a creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 320) Revises guidelines exempting property from the bankrupt estate to deny such exemption to any interest that exceeds $100,000 in aggregate value in certain property used as a residence or burial plot. Shields the principal residence of a family farmer from such restriction. (Sec. 321) Denies an individual eligibility to be a debtor under the bankruptcy code unless the individual has, during the 90 days before filing a petition, received credit counseling, including participation in individual or group briefings that outlined opportunities for available credit counseling and assisted in performing an initial budget analysis. Denies a chapter 7 or chapter 13 discharge in debt to a debtor who has failed to complete an approved instructional course in personal financial management after filing the petition. Requires an individual debtor to file documentation with the court attesting to the debtor's compliance with such counseling and instructional requirements. Requires bankruptcy court staff to maintain and make available to debtors a list of approved credit counseling services and personal financial management instructional courses. (Sec. 322) Bankruptcy Judgeship Act of 1999- Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such a district five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina. Directs each chief bankruptcy judge to report annually to the Director of the Administrative Office of the U.S. Courts on the travel expenses of each bankruptcy judge assigned to the applicable district. (Sec. 324) Revises Chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order. (Sec. 325) Conditions court confirmation of a debt repayment plan under chapter 11 or 13 (and its consequent discharge of debts) upon certification of the debtor's full payment of domestic support obligations that are due after the petition filing date. (Sec. 326) Excepts from an automatic stay specified choses- in-action pertaining to domestic support obligations, including: (1) establishment of paternity; (2) suspension of drivers' licenses and professional licenses; (3) interception of tax refunds; and (4) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act. (Sec. 329) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 330) Permits an individual debtor to exempt from the property of the bankrupt estate certain tax-exempt retirement funds that have not been obligated in connection with any extension of credit. Exempts from either an automatic stay or a discharge in bankruptcy specified income withheld from the debtor pursuant to pension or profit sharing plans sponsored by such debtor's employer to pay certain loans from such plans. (Sec. 331) Places in the eighth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired. (Sec. 333) Defines a family farmer as one whose gross income of more than 50 percent from a farming operation was received during at least one of the three taxable years preceding the taxable year in which the bankruptcy petition was filed (thus relaxing eligibility criteria from one year to three years). (Sec. 334) Prohibits modification of a Chapter 12 Family Farmer bankruptcy plan which would: (1) increase the amount of payments which were due prior to the date of the modification order; (2) require monthly payments to unsecured creditors greater than the debtor's monthly disposable income (unless the debtor proposes such modification); or (3) require payments in the last year of the plan that would leave the debtor with insufficient funds to continue farm operations after plan completion (unless the debtor proposes such modification). (Sec. 335) Excludes, from the definition of "disposable income," for purposes of a Chapter 13 debtor, payments for child support or foster care, or disability payments for a dependent child made pursuant to non-bankruptcy law, and which are reasonably necessary to be expended. (Sec. 336) Excludes from the property of the bankruptcy estate funds placed in a qualified State tuition program 180 days before the date of entry of the order for relief. Title IV: Financial Instruments - Amends the Federal bankruptcy code to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict to those transfers that are fraudulent in nature the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers. (Sec. 401) Sets forth statutory guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions. (Sec. 402) Specifies the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of designated contracts and agreements relating to executory contracts and unexpired leases; or (2) the liquidation, acceleration, or termination of such contracts and agreements. (Sec. 403) States that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee). (Sec. 404) Amends TILA to prohibit a creditor from either refusing continuation of a consumer credit plan, or charging a fee in lieu of a finance charge for such plan solely because the consumer has not incurred finance charges. (Sec. 405) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot. (Sec. 407) Amends the Federal judicial code to: (1) direct the Judicial Conference of the United States to prescribe procedures for waiving bankruptcy fees; and (2) authorize the district or bankruptcy court to waive bankruptcy fees for a case under chapter 7 or 11 if the court determines the debtor is unable to pay such fee in installments. Title V: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title VI: Miscellaneous - Amends guidelines for: (1) rejection and surrender of executory contracts and unexpired leases; (2) expedited appeals of bankruptcy cases to courts of appeals; and (3) changes in membership in creditors' and equity security holders committees. (Sec. 604) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal the sunset of chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income), thus making it permanent. (Sec. 605) Declares, with respect to certain cases ancillary to foreign proceedings, that the bankruptcy court may not grant relief to a foreign insurance company that is not engaged in the business of insurance or reinsurance in the United States with respect to a claim made by a U.S. creditor against: (1) a deposit required by State insurance law; (2) a multibeneficiary trust required by State insurance law to protect U.S. policyholders or claimants against a foreign insurance company; or (3) a multibeneficiary trust authorized under State insurance law to allow a domestic insurance company that cedes reinsurance to the debtor to reflect the reinsurance as an asset or a deduction from liability in the ceding insurer's financial statements. (Sec. 607) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 608) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. Title XII: Technical Amendments - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. (Sec. 701) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly. (Sec. 705) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 709) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 711) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 712) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 716) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 728) Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay. (Sec. 729) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case. (Sec. 730) Directs the Administrator of the Small Business Administration to study and report to Congress on: (1) the internal and external factors that cause small businesses, especially sole proprietorships, to become debtors in cases under title 11 and that cause certain small businesses to successfully complete cases under chapter 11 of such title; and (2) how Federal laws relating to bankruptcy may be made more effective and efficient in assisting small businesses to remain viable. (Sec. 731) Requires a trustee to transfer the property of a nonprofit charitable corporation in accordance with applicable nonbankruptcy law.
United States · United States Congress · 3 May 1999
Prostate Cancer Research Commitment Resolution of 1999 - Expresses the sense of the Senate that: (1) finding treatment breakthroughs and a cure for prostate cancer should be made a national health priority; (2) significant increases in prostate cancer research funding, commensurate with the impact of the disease, should be made available at the National Institutes of Health and to the Department of Defense Prostate Cancer Research Program; and (3) these agencies should prioritize prostate cancer research that is directed toward innovative clinical and translational research projects in order that treatment breakthroughs can be more rapidly offered to patients.
United States · United States Congress · 30 April 1999
TABLE OF CONTENTS: Title I: Victim Rights Subtitle A: Amendments to Title 18, United States Code Subtitle B: Amendments to Federal Rules of Criminal Procedure Subtitle C: Amendment to Federal Rules of Evidence Subtitle D: Remedies for Noncompliance Title II: Victim Assistance Initiatives Crime Victims Assistance Act - Title I: Victim Rights - Subtitle A: Amendments to Title 18, United States Code - Amends the Federal criminal code to require that, in any case involving a defendant who is arrested for an offense involving death or bodily injury to any person, a threat of death or bodily injury, or a sexual assault or attempted sexual assault (listed offenses) in which a detention hearing is scheduled: (1) the Government make a reasonable effort to notify the victim of the hearing and of the victim's right to be heard on the issue of detention; and (2) the court, at such hearing, inquire of the Government as to whether notification efforts were successful and whether the victim wishes to be heard and, if so, afford the victim such opportunity. (Sec. 102) Includes among the factors which a judge shall consider in determining whether to grant a continuance the interests of the victim (or the family of a victim who is deceased or incapacitated) in the prompt and appropriate disposition of the case, free from unreasonable delay. (Sec. 103) Requires the probation officer, prior to submitting the presentence report, to provide notice to all identified victims of their right to attend the sentencing hearing and to make a statement to the court at the sentencing hearing. (Sec. 104) Amends the Victims' Rights and Restitution Act of 1990 to require, after trial, a responsible official to provide a victim the earliest possible notice of the escape, work release, furlough, or any other form of release of an offender from a psychiatric institution or other facility that provides mental health services to offenders. (Sec. 105) Increases the scope of provisions and severity of penalties regarding witness tampering. Subtitle B: Amendments to Federal Rules of Criminal Procedure - Amends rule 11 of the Federal Rules of Criminal Procedure (FRCrP) to require that, in any case involving a defendant who is charged with a listed offense: (1) the Government, prior to a hearing at which a plea of guilty or nolo contendere is entered, make a reasonable effort to notify the victim of the date and time of the hearing and of the victim's right to attend the hearing and to address the court; and (2) if the victim attends, the court, before accepting a plea of guilty or nolo contendere, afford the victim an opportunity to be heard on the proposed plea agreement. Authorizes the court, in cases involving more than 15 victims and after consultation with the Government and the victims, to appoint a number of victims to serve as representatives of the victims' interests. (Sec. 122) Amends FRCrP 32 and 32.1 to provide for enhanced rights of notification and allocution at sentencing and at a probation revocation hearing. Subtitle C: Amendment to Federal Rules of Evidence - Amends rule 615 of the Federal Rules of Evidence (FRE) to provide that such rule does not authorize exclusion of a person who is a victim of a listed offense for which a defendant is being tried in a criminal trial unless the court concludes that: (1) the testimony of the person will be materially affected by hearing the testimony of other witnesses, and the material effect of hearing the testimony of other witnesses on the testimony of that person will result in unfair prejudice to any party; or (2) due to the large number of victims or family members of victims who may be called as witnesses, permitting attendance in the courtroom itself when testimony is being heard is not feasible. Directs the Judicial Conference of the United States to submit to the Congress reports containing recommendations for amending: (1) the FRCrP to provide enhanced opportunities for victims of listed offenses to be heard on the issue of whether or not the court should accept a plea of guilty or nolo contendere and to participate during the presentencing phase of the criminal process, and to ensure that reasonable efforts are made to notify victims of such offenses of revocation hearings; and (2) the FRE to provide enhanced opportunities for victims of listed offenses to attend judicial proceedings, even if they may testify as a witness at the proceeding. Sets forth provisions regarding congressional action on such reports. Subtitle D: Remedies for Noncompliance - Specifies that any failure to comply with any amendment made by this Act shall not give rise to a claim for damages, or any other action against the United States, any employee of the United States, any court official or officer of the court, or an entity contracting with the United States, or any action seeking a rehearing or other reconsideration of action taken in connection with a defendant. Directs the Attorney General and the Chairman of the United States Parole Commission to promulgate regulations to carry out this title. Title II: Victim Assistance Initiatives - Authorizes appropriations to enable the Attorney General to: (1) hire 50 full-time or full-time equivalent employees to serve victim-witness advocates to provide assistance to victims of any criminal offense investigated by any department or agency of the Federal Government; and (2) provide grants through the Office of Victims of Crime (the Office) to qualified private entities to fund 50 victim-witness advocate positions within those organizations. (Sec. 202) Authorizes the use of sums collected under the False Claims Act to be used by the Office to make grants to States, units of local government, and qualified private entities, to provide training and information to prosecutors, judges, law enforcement officers, probation officers, and other officers and employees of Federal and State courts to assist them in responding effectively to the needs of crime victims. (Sec. 203) Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize to the Office such sums as necessary for grants to State and local prosecutors' offices, State courts, county jails, State correctional institutions, and qualified private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue. Allows sums collected under the False Claims Act to be used for such grants. Authorizes the use of sums from the Violent Crime Reduction Trust Fund for such grants. (Sec. 204) Directs the Attorney General, acting through the Director of the Office, to establish and carry out a program to provide for pilot programs to establish and operate Victim Ombudsman Information Centers in Iowa, Massachusetts, Ohio, Tennessee, Utah, and Vermont. (Sec. 205) Amends the Victims of Crime Act of 1984 to: (1) provide for the deposit into the Crime Victims Fund of any gifts, bequests, and donations from private entities or individuals; (2) direct that certain unobligated balances transferred to the judicial branch for administrative costs be returned to the Fund and be used by the Director of the Office to improve services for crime victims in the Federal criminal justice system; (3) require States that receive supplemental funding to respond to incidents of terrorism or mass violence to return to the Fund for deposit in the reserve fund, amounts subrogated to the State as a result of third-party payments to victims; (4) increase the percentage of amounts awarded by the Director to an eligible crime victim compensation program; (5) require the Director to make grants for training and technical assistance that address the significance of and effective delivery strategies for providing long-term psychological care; and (6) make funds available to the Director for fellowships and clinical internships, and to carry out programs of training and special workshops for the presentation and dissemination of information resulting from demonstrations, surveys, and special projects. (Sec. 206) Directs that a specified statute not be construed to prohibit a recipient from using funds derived from a source other than the Legal Services Corporation to provide related legal assistance to any person with whom an alien has a relationship covered by the domestic violence laws of the State in which the alien resides or in which an incidence of violence occurred. (Sec. 207) Authorizes the use of funds collected under the False Claims Act by the Office to make grants to States, units of local government, and qualified private entities for the establishment of pilot programs that implement balanced and restorative justice models. (Sec. 208) Revises the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants to: (1) States for eligible crime victim compensation and assistance programs for the benefit of victims of a terrorist act or mass violence, whether occurring within or outside the United States, who are U.S. citizens or employees and not eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (victims); and (2) victim service organizations, and public agencies that provide emergency or ongoing assistance to crime victims, to provide for the benefit of victims emergency relief and related victim services and emergency response training and technical assistance.
United States · United States Congress · 29 April 1999
Military Reservists Small Business Relief Act of 1999 - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty; and (2) is the owner, manager, or key employee of a small business for which the loan was made. Extends such deferral period until 180 days after such reservist is discharged or released from active duty. Directs the SBA to encourage lenders and loan intermediaries participating in other SBA loan programs to defer repayment of similar loans as well as loans made under the Small Business Investment Act of 1958. Authorizes the SBA to make disaster loans to assist a small business that has or is likely to suffer economic injury as the result of the owner, manager, or key employee of such business being ordered to active duty during a period of military conflict. Extends such assistance until 180 days after such reservist is discharged or released from such duty. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after March 24, 1999. Directs the SBA to utilize its entrepreneurial development and management assistance programs to provide business counseling and training to any small business adversely affected by the deployment of units of U.S. armed forces in support of a period of military conflict. Requires the SBA, for the duration of Operation Allied Force and 120 days thereafter, to enhance its publicity of the availability of such assistance.
United States · United States Congress · 29 April 1999
Made in USA Label Defense Act of 1999 - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a product of the Northern Mariana Islands. Prohibits such products from being imported into the United States free of duty or quotas.
United States · United States Congress · 27 April 1999
Establishes as a nonprofit corporation the National Military Museum Foundation to: (1) preserve military artifacts having historical or technological significance; (2) facilitate research on military history; (3) promote partnerships between the Federal Government and the private sector for the preservation of such artifacts; (4) engage in related military history documentation and preservation activities; and (5) recognize and honor the individuals who have served in the armed forces. Authorizes appropriations.
United States · United States Congress · 27 April 1999
TABLE OF CONTENTS: Title I: Northeast Interstate Dairy Compact Title II: Southern Dairy Compact Title I: Northeast Interstate Dairy Compact - Amends the Agricultural Market Transition Act to include Maryland, New Jersey, and New York within the Northeast Interstate Dairy Compact. Includes Ohio among the additional States that may join such Compact, and eliminates Virginia from such group. Eliminates and revises specified provisions regarding Compact implementation, duration, restricting authority, and Commodity Credit Corporation compensation. Title II: Southern Dairy Compact - States that the Congress consents to the Southern Dairy Compact entered into by Alabama, Arkansas, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia. Includes Florida, Georgia, Missouri, Oklahoma, Kansas, and Texas as additional States that may join such Compact. Limits price regulatory authority to Class I fluid milk unless otherwise consented to by the Congress. Provides for Commodity Credit Corporation compensation. Sets forth the Southern Dairy Compact.
United States · United States Congress · 27 April 1999
Commemorates the 60th Anniversary of the International Visitors Program. Commends the achievements of the thousands of volunteers who are part of the National Council for International Visitors "citizen diplomats."
United States · United States Congress · 27 April 1999
Recognizes and commends the sacrifice, dedication, and commitment of those serving with, and those who have served with, American nongovernmental organizations (NGOs) and private volunteer organizations (PVOs) that provide humanitarian relief to millions of the world's poor and displaced, including in response to recent tragedies in Central America and Kosovo.
United States · United States Congress · 26 April 1999
Amends the Clean Water Act to require grants made under the National Estuary Program to be used for assisting activities necessary for the development and implementation of conservation and management plans (currently, for research and other technical work necessary for the development of such plans). Reauthorizes appropriations for the Program for FY 2000 through 2004.
United States · United States Congress · 22 April 1999
Amends the National Wildlife Refuge System Administration Act of 1966 to designate a portion of the Arctic National Wildlife Refuge in Alaska as a component of the National Wilderness Preservation System under the Wilderness Act.
United States · United States Congress · 20 April 1999
Estuary Habitat Restoration Partnership Act of 1999 - Establishes the Estuary Habitat Restoration Collaborative Council, to be composed of specified Federal officials. Directs the Council to develop an estuary habitat restoration strategy to ensure a comprehensive approach to the selection and prioritization of estuary habitat restoration projects and the coordination of Federal and non-Federal activities related to such restoration. Sets forth factors to be considered by the Council in determining project assistance eligibility. Grants a restoration project a higher priority for funding if it meets selection criteria and: (1) it is part of an approved Federal estuary management or habitat restoration plan; (2) the non-Federal share of the project exceeds 50 percent; or (3) there is a program within the project watershed that addresses sources of water pollution that would otherwise re-impair the restored habitat. Permits the Council to pay up to 25 percent of the cost of interim actions of restoration activity, pending completion of the strategy. Prohibits selection of a project until non-Federal interests have entered into specified written cooperation agreements. Requires such agreements to provide for project maintenance and monitoring. Authorizes appropriations for the Council. Requires non-Federal applicants for assistance to demonstrate that a project meets this title's requirements and criteria established by the Council. Limits the Federal share of assistance to 65 percent of a project's cost. Directs the Under Secretary for Oceans and Atmosphere of the Department of Commerce to maintain a database of information on projects funded under this title. Makes certain funds provided under the Water Resources Development Acts of 1986 and 1996 available to States and non-Federal persons in carrying out interim actions or projects under this title. Authorizes appropriations. Amends the Federal Water Pollution Control Act to permit certain grants for the development of estuary conservation and management plans to be used for the implementation of plans as well. Extends the authorization of appropriations for the National Estuary Program through FY 2001. Requires the Secretary of the Army to give estuary habitat restoration projects the same consideration as irrigation, navigation, or flood control projects and to establish such restoration as a primary mission of the Army Corps of Engineers. Authorizes the Secretary to carry out such projects. Directs the Comptroller General to report to the Congress and the Secretary on the extent to which the Council needs additional personnel and administrative resources to carry out this title, including recommendations for necessary additional funding.
United States · United States Congress · 15 April 1999
Traffic Stops Statistics Study Act of 1999 - Directs the Attorney General to conduct a nationwide study for traffic violations by law enforcement officers. Requires the Attorney General to: (1) perform an initial analysis of existing data, including complaints alleging and other information concerning traffic stops motivated by race and other bias; (2) gather specified data on traffic stops from a nationwide sample of jurisdictions; and (3) report the results to Congress and make such report available to the public. (Sec. 3) Authorizes the Attorney General to provide grants to law enforcement agencies to collect and submit the data to the appropriate agency as designated by the Attorney General. (Sec. 4) Prohibits information released pursuant to this Act from revealing the identity of any individual who is stopped or any law enforcement officer involved in a traffic stop. (Sec. 6) Authorizes appropriations.
United States · United States Congress · 15 April 1999
Federal Employees Child Care Act - Directs the Administrator of General Services to: (1) establish health, safety, and facility standards and compliance requirements for child care in executive branch facilities; (2) issue regulations requiring any entity sponsoring a child care facility to comply with standards of a child care accreditation entity; and (3) establish an interagency council to facilitate cooperation and sharing of best practices. Directs the Chief Administrative Officer of the House of Representatives, the Librarian of Congress, and the head of a designated entity in the Senate to ensure that the corresponding child care facility obtains accreditation by a child care accreditation entity in accordance with such entity's accreditation standards, and if it does not maintain accreditation status with a child care accreditation entity, to issue regulations governing its operation to ensure the safety and quality of care of children placed in it. Requires the Director of the Administrative Office of the U.S. Courts to issue regulations for child care facilities, and entities sponsoring child care facilities, in judicial facilities. Authorizes appropriations. (Sec. 4) Directs the Administrator and the Director of the Office of Personnel Management to jointly submit to Congress a report that evaluates child care provided by entities sponsoring child care facilities in executive, legislative, or judicial facilities. (Sec. 5) Permits an executive agency to use agency funds to provide child care services, in a facility owned or leased by an executive agency, or through a contractor, for its civilian employees. Requires funds so used to be applied to improve the affordability of child care for lower income employees. (Sec. 6) Amends Federal law to revise conditions for the allotment of space for child care services for Federal employees in Federal buildings. Makes available child care and related services to children of Federal employees or on-site Federal contractors, or dependent children who live with such employees or contractors. (Currently space may be allotted for the provision of child care services to children of whom at least 50 percent have one parent or guardian who is a Federal employee.) Requires the Administrator to confirm that at least 50 percent of aggregate enrollment in Federal child care centers Government-wide are children of Federal employees or on-site Federal contractors, or dependent children who live with such employees or contractors. States that, if enrollment at a center does not meet the percentage goal, the provider shall develop and implement a business plan with the sponsoring Federal agency to achieve the goal within a reasonable time frame. Authorizes a Federal agency without a child care program, or the Administrator upon identifying a need for child care at a Federal agency, to enter into an agreement with a non-Federal, licensed, and accredited child care facility, or a planned facility that will become licensed and accredited. Permits a Federal agency, upon the approval of the agency head, to conduct a pilot project for no more than two years to test innovative approaches to providing more cost-effective alternative forms of child care assistance for Federal employees. Requires the Administrator to serve as an information clearinghouse for such pilot projects initiated by other Federal agencies. Requires each Federal child care center located in a Federal space to ensure that each employee undergoes a criminal history background check consistent with the Crime Control Act of 1990.
United States · United States Congress · 15 April 1999
Poultry Electric Energy Power (PEEP) Act - Amends the Internal Revenue Code with respect to the income tax credit for producing electricity from certain renewable resources to include poultry waste as a qualified energy resources.
United States · United States Congress · 15 April 1999
After School Education and Anti-Crime Act of 1999 - Revises the 21st Century Community Learning Centers Act to: (1) authorize the Secretary of Education to award grants to local educational agencies (LEAs) for the support of public elementary or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth in the communities, to enable the schools to establish or expand projects that benefit specified community needs; (2) direct the Secretary, in awarding grants, to assure an equitable distribution of assistance among the States and among urban and rural areas of the United States; and (3) direct the Secretary to award such grants for a period not to exceed five years. (Sec. 6) Requires an LEA, to be eligible to receive a grant, to submit an application as specified. Requires that such application include: (1) information demonstrating that the LEA will provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under the Act, which may be provided in cash or in kind, fairly evaluated, and provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit the use of those other funds for activities assisted under the project; and (2) an assurance that the LEA, in each year of the project, will maintain the agency's fiscal effort, from non-Federal sources, from the preceding fiscal year for the activities that the LEA provides with funds made available under the Act. (Sec. 7) Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified listed activities, including after school programs that: (1) include at least two of the following: mentoring programs, academic assistance, recreational activities, or technology training; and (2) may include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Limits the amount of appropriated funds that may be used for after school programs. (Sec. 8) Directs an LEA to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated. (Sec. 10) Authorizes appropriations through FY 2004.
United States · United States Congress · 15 April 1999
Transportation Tax Equity and Fairness Act - Amends the Internal Revenue Code to repeal the 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in the general fund of the Treasury.
United States · United States Congress · 14 April 1999
Mental Health Equitable Treatment Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit certain employee group health plans or related insurance coverages providing both medical-surgical and health benefits from imposing, in the absence of comparable medical-surgical limits: (1) mental health inpatient and outpatient benefit limits; and (2) limits on benefits for severe biologically based mental illnesses.
United States · United States Congress · 14 April 1999
Women's Business Centers Sustainability Act of 1999 - Amends the Small Business Act, with respect to the women's business center program, to allow a private organization that has received financial assistance under the program and that is either in the final year of a five-year project or has completed the project to apply for assistance for an additional five-year period. Requires such organizations to agree to obtain matching cash contributions from non-Federal sources. Extends through FY 2001 the authorization for the program, allowing no more than 40 percent of such amounts to be used for providing such additional assistance.
United States · United States Congress · 14 April 1999
Fairness for Legal Immigrants Act of 1999 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to lawful resident aliens and their eligibility for Medicaid and Supplemental Security Income (SSI) (titles XIX and XVI of the Social Security Act (SSA)) and other Federal assistance. Provides States with the option of extending Medicaid-eligibility to certain lawful resident alien pregnant women and children, as well as the option of extending CHIP-eligibility (SSA title XXI (Children's Health Insurance (CHIP)) to such children. Provides States with the option of extending Medicaid-eligibility to certain blind or disabled or other specified medically needy aliens, such as those who are residents of a nursing facility. Mandates SSI eligibility for certain lawful resident aliens who are aged, blind, or disabled. Exempts certain blind or disabled aliens from the five-year general limitation on the eligibility for qualified aliens for Federal means-tested public benefits that was imposed by such Act. Mandates food stamp program eligibility under the Food Stamp Act of 1977 for certain aliens lawfully residing in the United State on August 22, 1996, who would otherwise be subject to the same five-year general limitation. Exempts certain battered aliens (which under such Act are treated as lawful resident aliens) from disqualification (thereby making them SSI- and food stamp program-eligible). Amends the Immigration and Nationality Act to provide for waiver of affidavit of support requirements for benefits provided through such State elections to extend such optional Medicaid and other described optional public program eligibility to certain lawful resident aliens.
United States · United States Congress · 13 April 1999
Amends the Internal Revenue Code to exempt from Federal income tax any amounts received by Holocaust victims or their heirs: (1) from the Swiss Humanitarian Fund established by the Government of Switzerland or from any similar fund established by any foreign country; or (2) as a result of the settlement of the action entitled "In re Holocaust Victims' Asset Litigation", (E.D. NY), C.A. No. 96-4849, or as a result of any similar action.
United States · United States Congress · 13 April 1999
Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the OASDI benefit for that month shall be reduced by 50 percent.
United States · United States Congress · 13 April 1999
Medicare Cancer Clinical Trial Coverage Act of 1999 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
United States · United States Congress · 25 March 1999
Law Enforcement Officers Retirement Equity Act - Amends Federal civil service law to include as Federal law enforcement officers eligible under Civil Service Retirement System and Federal Employees' Retirement System provisions for early retirement (at age 50 after 20 years of Federal service) revenue officers in the Internal Revenue Service, customs inspectors and canine enforcement officers in the U.S. Customs Service, and inspectors in the Immigration and Naturalization Service.
United States · United States Congress · 25 March 1999
Financial Services Act of 1999 - 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, are well-managed, and have achieved a rating of at least a "satisfactory record of meeting community credit needs" at the most recent examination under the Community Reinvestment Act of 1977. Sets forth limited exclusions from community needs requirements for newly acquired depository institutions. 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 wholesale financial holding company (WFHC) to engage in any activity and acquire the shares of any company whose activities have been determined jointly by the Board and the Secretary of the Treasury to be either financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, 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, including State regulation of the business of insurance, retention of State capitalization requirements for an insurance entity acquired by another, and specified consumer protections. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. Declares that nothing in this Act preempts State antitrust and general corporate laws, or laws or regulations with respect to non-insurance financial activities. (Sec. 105) Mandates 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. Permits the Federal Deposit Insurance Corporation (FDIC) to examine an insured depository institution and its affiliate in order to disclose fully the impact of the relationship upon such institution. (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) States that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries also limit FDIC authority over such companies and their nonbank subsidiaries. Permits the FDIC to examine an insured depository institution and its affiliate in order to disclose fully the impact of the relationship upon such institution. (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 permit a national bank subsidiary to engage in activity that: (1) is permissible for the parent national bank; (2) is authorized under specified Federal statutes that expressly authorize national banks to own or control subsidiaries; and (3) is permissible for a BHCA bank holding company other than engaging as principal in traditional insurance activities (including providing annuities, or engaging in insurance company investments. Prohibits a national bank subsidiary from engaging in real estate investment or development activities (unless Federal statute expressly authorizes a national bank to engage in such activity). Precludes certain large-sized national banks ($10 billion total assets) from controlling a subsidiary unless such bank is itself a subsidiary of a bank holding company. Cites prerequisites for national banks with financial subsidiaries. (Sec.122) Amends the FDIA to prescribe guidelines authorizing State bank subsidiaries to engage in financial activities. (Sec. 123) Mandates safety and soundness firewalls between insured banks and their financial subsidiaries, including: (1) limits on the equity investment of a bank in such subsidiary; (2) mandatory bank procedures for identifying and managing financial operational risks posed by its financial subsidiary; (3) maintenance of separate corporate and legal status; and (4) limits on the credit exposure of a bank to its financial subsidiary. (Sec.124) Subjects securities and insurance agency activities of insured depository institution subsidiaries to functional regulation under the Securities Exchange Commission, and the State insurance regulator, respectively. (Sec. 125) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 126) 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. Subtitle D: Wholesale Financial Holding Companies; Wholesale Financial Institutions - Chapter 1: Wholesale Financial Holding Companies - Sets forth a statutory mechanism for regulation of wholesale financial holding companies that do not control a bank other than a wholesale financial institution (WFI) or specified, limited-purpose institutions. Requires such a company to be a registered bank holding company predominantly engaged in certain financial activities, and in control of one or more WFIs. Specifies the limits of Board examinations of such companies. (Sec. 131) 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. Specifies the kinds of nonfinancial activities in which Board-supervised companies may engage. Sets forth guidelines for the treatment of foreign banks operating within the United States as Board-supervised wholesale financial holding companies. Chapter 2: Wholesale Financial Institutions - Amends the Revised Statutes to permit a national bank to operate as a noninsured national WFI subject to FRA and the regulatory authority of the Comptroller of the Currency. Amends FRA to prescribe procedural guidelines for State bank membership as a noninsured WFI in the Federal Reserve System, subject to FDIA enforcement authority and prompt corrective action requirements. Subjects such institutions to the Community Reinvestment Act of 1977 only if the WFI has an affiliate that is an insured depository institution or that operates an insured branch. (Sec. 136) Prohibits a WFI from receiving initial deposits of $100,000 or less except on an incidental and occasional basis. Limits incidental deposits of $100,000 or less to a maximum five percent of a WFI's total deposits. Sets forth capital and managerial requirements for certain WFIs controlled by companies under the jurisdiction of either the SEC or the BHCA. Empowers the Comptroller of the Currency (in the case of a national WFI), and the Board to direct a WFI conservator or receiver to file a petition under title II of the Federal bankruptcy code. Amends FDIA to prescribe procedures whereby an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a WFI in order to accept any deposits. Amends Federal bankruptcy law to prescribe WFI liquidation guidelines. Subtitle E: 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 1999 - 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 loans 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 (3) 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. (Sec. 187) Amends the FDIA to eliminate the SAIF and Deposit Insurance Fund (DIF) special reserves. 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. Authorizes the SEC to determine, by regulation published in the Federal Register, that a bank that effects transactions in, or buys or sells, a new (hybrid) product (which is a security) should be subject to broker and dealer registration requirements, but only if it is necessary or appropriate in the public interest and for the protection of investors. Prescribes procedural guidelines under which the Federal Reserve Board, or any aggrieved party, may obtain judicial review of such regulation. 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. Exempts a church plan organization that is also an investment adviser (including its affiliate) from the proscription against ownership of controlling interests in an investment company. 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 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 - States that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) 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 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. (Sec. 309) Amends the Revised Statutes to apply to Federal banking agencies the same notice and publication requirements for preemption of State law with respect to Federal savings associations as pertain with respect to national banks. 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, including a family trust that becomes a savings and loan holding company with respect to a savings association. (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 whose charter 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 Anti-Fraud - Financial Information Anti-Fraud Act of 1999 - 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 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. (Sec. 605) Declares that the vice chairman of the Federal Reserve Board may serve as a member of the District of Columbia Financial Responsibility and Management Assistance Authority. (Sec. 606) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, the Program for Investment in Microentrepreneurs Act of 199, or the PRIME Act. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates 50 percent matching funds from non-Federal sources. Authorizes appropriations.
United States · United States Congress · 25 March 1999
Government Pension Offset Reform Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan. Declares that such benefit reductions shall be equal to the amount by which two-thirds of the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $1,200, adjusted for inflation.
United States · United States Congress · 24 March 1999
Establishes the National Museum of Women's History Advisory Committee. Directs the Advisory Committee to study matters relating to: (1) a site for the Museum in Washington, D.C.; (2) a business plan for the Museum's creation and maintenance, to be funded solely through private contributions; and (3) assisting the Museum's collection and programs. Directs the Secretary of the Interior to provide administrative services, facilities, support, and funds for the performance of the Advisory Committee's duties.
United States · United States Congress · 24 March 1999
Expresses support for the U.S. military personnel who are engaged in military operations against the Federal Republic of Yugoslavia and recognizes their professionalism, dedication, patriotism, and courage.
United States · United States Congress · 23 March 1999
Transit in Parks (TRIP) Act - Amends Federal transportation law to direct the Secretary of Transportation to develop a cooperative relationship with the Secretary of the Interior providing for: (1) the exchange of technical assistance; (2) interagency and multidisciplinary teams to develop Federal land management agency (the National Park Service, the United States Fish and Wildlife Service, or the Bureau of Land Management) transportation policy, procedures, and coordination; and (3) the development of procedures and criteria relating to the planning, selection, and funding of qualified mass transportation projects carried out within or adjacent to national parks and related public lands, and implementation and oversight of the project plan in accordance with this Act. Authorizes the Secretary to pay the Government's share (as the Secretary determines it) to any qualified participant that carries out any part of such a project without assistance under this Act. Lists Grand Canyon National Park, Zion National Park, Yosemite National Park, and Acadia National Park as locations that may be included in the initial projects. Makes any such project eligible for funding through a State Infrastructure Bank or other innovative financing mechanism otherwise available. Authorizes appropriations.
United States · United States Congress · 23 March 1999
Breast Cancer Patient Protection Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
United States · United States Congress · 23 March 1999
Amends the Internal Revenue Code to: (1) permanently extend the credit for increasing research activities; and (2) increase the incremental rates for the alternative research credit.
United States · United States Congress · 22 March 1999
Requires the Secretary of State to raise the matter of Zachary Baumel (a U.S. citizen), Yehuda Katz, and Zvi Feldman with the appropriate government officials of Syria, Lebanon, the Palestinian Authority, and with other governments in the region and elsewhere which in the Department's view may be helpful in locating and securing the return of these soldiers. Urges decisions with regard to U.S. economic and other forms of assistance to such countries and U.S. policy towards these governments and authorities to take into consideration their willingness to assist in locating and securing the return of such soldiers. Requires the Secretary to report to specified congressional committees on her consultations with the appropriate governments and any changes in U.S. policies.
United States · United States Congress · 18 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 18 March 1999
Pension Right to Know Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to set forth notice requirements for large pension plans which significantly reduce future benefit accruals.
![Official portrait of Sen. Sarbanes, Paul S. [D-MD]](https://www.congress.gov/img/member/s000064_200.jpg)