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Bill· HRH.R. 3515 (106th)referred
United States · United States Congress · 22 November 1999
St. Simons Island Lighthouse Preservation Act - Requires the Postal Service to terminate its lease entered into on July 3, 1961, with the Coastal Georgia Historical Society Endowment Trust for use of property at St. Simons Island in Brunswick, Georgia, as a post office. Directs the Administrator of General Services to transfer to the Postal Service real property equivalent in value to the real property subject to such lease.
Bill· SS. 1931 (106th)referred
United States · United States Congress · 16 November 1999
Civil Asset Forfeiture Reform Act - Amends the Federal criminal code (the code) to create general rules for proceedings under a Federal civil forfeiture statute. Provides that, in general, the Government has 60 days to send notice of a seizure of property. Allows a court to extend that period for 60 days upon written ex parte certification by a supervisory official of the seizing agency that notice may have an adverse result, including: (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or unduly delaying a trial. Requires the Government to return the property, if it fails to send notice, without prejudice to the right of the Government to commence a forfeiture proceeding at a later time. Allows any person claiming property seized in a nonjudicial forfeiture proceeding to file a claim with the appropriate official after the seizure, which may be filed not later than the deadline set forth in a personal notice letter, except that if that letter is not received a claim may be filed within 30 days after the date of final publication of notice of seizure. Directs that claims be made under oath, subject to penalty of perjury. Specifies that no bond need be posted. Allows the Government 90 days after a claim has been filed to file a complaint for forfeiture or return the property, except that a court may extend the filing period for good cause shown or upon agreement of the parties. Bars the Government from taking further action to effect the forfeiture if it does not comply. Authorizes the Government to include a forfeiture allegation in a criminal indictment. Specifies that no complaint may be dismissed on the ground that the Government did not have adequate evidence at the time the complaint was filed to establish the forfeitability of the property by a preponderance of the evidence. Allows any person claiming an interest in seized property to file a claim in court not later than 30 days after service of the Government's complaint or, where applicable, not later than 30 days after final publication of notice of seizure. Requires a claimant to file an answer to the Government's complaint within 20 days of the filing of the claim. Authorizes a court to appoint counsel to represent an indigent claimant in a judicial civil forfeiture proceeding if the property subject to forfeiture is real property used by the claimant as a primary residence, or the claimant is represented by a court-appointed attorney in connection with a related Federal criminal case. Directs the court, in determining whether to appoint or authorize such counsel, to take into account such factors as: (1) the person's standing to contest the forfeiture; and (2) whether the claim appears to be made in good faith. Directs the court to set compensation for representation, which shall be equivalent to that provided for court-appointed representation in a related Federal criminal case. Places the burden of proof on the Government to establish by a preponderance of the evidence that the property is subject to forfeiture. Allows the Government to use evidence gathered after the filing of a complaint to meet that burden. Provides that an innocent owner's interest in property shall not be forfeited under any civil forfeiture statute. Places the burden upon the claimant to prove that he or she is an innocent owner by a preponderance of evidence. Defines "innocent owner" as one who, with respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place: (1) did not know of the conduct giving rise to forfeiture; or (2) upon learning of such conduct, did all that reasonably could be expected under the circumstances to terminate such use of the property. Specifies that, with respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, "innocent owner" means a person who, at the time that person acquired the interest in the property was a bona fide purchaser or seller for value, did not know and was reasonably without cause to believe that the property was subject to forfeiture, or in limited circumstances involving a principal residence, a spouse, or legal dependent. Prohibits the assertion of an ownership interest in contraband or other property that it is illegal to possess. Authorizes a person entitled to written notice in a nonjudicial civil forfeiture proceeding who does not receive such notice to file a motion to set aside a declaration of forfeiture with respect to his or her property interest, subject to specified requirements. Requires that such motion be filed not later than six years after the date that the claimant discovered or had reason to discover that the property was forfeited, subject to the doctrine of laches, but no later than 11 years after the date that the Government's forfeiture cause of action accrued. Gives the Government 60 days to re-institute proceedings against the property if such motion is granted. Entitles a claimant to immediate release of seized property if the claimant has a possessory interest in the property and has sufficient ties to the community to provide assurance that the property will be available at the time of the trial, the continued possession by the Government pending final disposition of forfeiture proceedings will cause substantial hardship, such hardship outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding, and if other conditions apply. Authorizes a claimant to petition the court to determine whether a forfeiture was constitutionally excessive. Directs the court, in making this determination, to compare the forfeiture to the gravity of the offense giving rise to the forfeiture and, if it finds that the forfeiture is grossly disproportional to the offense, to reduce or eliminate the forfeiture. Places on the claimant the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted by the court without a jury. (Sec. 3) Makes the Federal Tort Claims Act applicable to claims based on injury or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer if the property was seized for the purpose of civil forfeiture, the interest of the claimant is not forfeited, and the claimant is not convicted of a crime for which the claimant's interest in the property would be subject to forfeiture under a Federal criminal forfeiture law. Authorizes the Attorney General to settle, for not more than $50,000 in any case, certain claims for damage to or loss of privately owned property caused by an investigative or law enforcement officer who is employed by the Department of Justice and acting within the scope of his or her employment, subject to specified limitations. (Sec. 4) Rewrites Federal judicial code provisions regarding the return of property to the claimant and liability for wrongful seizure to require that, upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested (seized) under any provision of Federal law: (1) such property be returned forthwith to the claimant or his or her agent; and (2) if it appears that there was reasonable cause for the seizure, the court cause a proper certificate to be entered and, in such case, neither the person who made the seizure nor the prosecutor shall be liable to suit or judgment on account of such suit or prosecution, nor shall the claimant be entitled to costs, except as specified below. Makes the United States liable, in any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails (with exceptions listed below), for: (1) reasonable attorney fees and other litigation costs reasonably incurred by the claimant; (2) post-judgment interest; and (3) in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale, specified interest amounts and imputed amounts of interest. Specifies that: (1) the United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized; and (2) this section shall not apply if the claimant is convicted of a crime for which the claimant's property interest would be subject to forfeiture under a Federal criminal forfeiture law. (Sec. 5) Rewrites Federal criminal code provisions regarding civil forfeitures and seizure requirements to authorize (with exceptions) property subject to forfeiture to the United States to be seized by the Attorney General and, in the case of property involved in a violation investigated by the Secretary of the Treasury or the United States Postal Service, to allow the property also to be seized by the Secretary or by the Service, respectively. Directs that such seizures be made pursuant to a warrant in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure, with exceptions. Allows a seizure warrant to be issued by a judicial officer in any district in which a forfeiture action against the property may be filed under the judicial code, and executed in any district in which the property is found. Amends the Controlled Substances Act to direct that any property subject to forfeiture to the United States which may be seized by the Attorney General be seized in the manner specified above. (Sec. 6) Amends the code's civil forfeiture provisions to authorize the use of forfeited property as restoration to any victim of the offense giving rise to the forfeiture, including, in the case of a money laundering offense, any offense constituting the underlying specified unlawful activity. (Sec. 7) Directs that all civil forfeitures of real property and interests in real property proceed as judicial forfeitures. Prohibits (except as provided herein): (1) real property that is the subject of a civil forfeiture action from being seized before entry of a forfeiture order; and (2) the eviction, or other deprivation of the use and enjoyment of real property that is the subject of a pending forfeiture action, of the owners or occupants of the property. Specifies that the filing of a pending suit and the execution of a writ of entry for the purpose of conducting an inspection and inventory of the property shall not be considered a seizure. Directs the Government to initiate a civil forfeiture action against real property by: (1) filing a complaint for forfeiture; (2) posting a notice of the complaint on the property; and (3) serving notice on the property owner, along with a copy of the complaint. Provides for constructive service under specified circumstances. Specifies that if real property has been posted in accordance with requirements of this section, it shall not be necessary for the court to issue an arrest warrant in rem, or to take any other action to establish in rem jurisdiction over the property. Authorizes the seizure of real property prior to the entry of a forfeiture order if: (1) the Government notifies the court that it intends to seize the property before trial; and (2) the court issues a notice of application for warrant, causes the notice to be served on the property owner and posted on the property, and conducts a hearing to determine if there is probable cause for the forfeiture, or makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property without prior notice and an opportunity for the property owner to be heard. Requires the court, if it authorizes a seizure of real property, to conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure.
Bill· SS. 1884 (106th)reported
United States · United States Congress · 8 November 1999
Designates the U.S. Postal Service building located at 5 Cedar Street in Hopkinton, Massachusetts, as the Thomas J. Brown Post Office Building.
Resolution· SCONRESS.Con.Res. 69 (106th)referred
United States · United States Congress · 5 November 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp in honor of the 200th anniversary of the founding of the U.S. naval shipyards.
Resolution· SCONRESS.Con.Res. 70 (106th)referred
United States · United States Congress · 5 November 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a series of commemorative postage stamps honoring the legacy and continuing contributions of veterans service organizations.
Bill· HRH.R. 3238 (106th)referred
United States · United States Congress · 5 November 1999
Designates the U.S. post offices located in Baltimore, Maryland, at: (1) 919 West 34th Street as the Samuel H. Lacy, Sr. Post Office; (2) 3500 Dolfield Avenue as the Judge Robert Bernard Watts, Sr. Post Office; (3) 1908 North Ellamont Street as the Dr. Flossie McClain Dedmond Post Office; (4) 900 East Fayette Street as the Judge Harry Augustus Cole Post Office; and (5) 1001 Frederick Road as the Frederick L. Dewberry, Jr. Post Office.
Resolution· HCONRESH.Con.Res. 220 (106th)referred
United States · United States Congress · 4 November 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a postage stamp recognizing the Islamic holy month of Ramadan.
Resolution· SRESS.Res. 218 (106th)passed
United States · United States Congress · 3 November 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp recognizing the 4-H Youth Development Program's centennial.
Bill· HRH.R. 3202 (106th)referred
United States · United States Congress · 2 November 1999
Requires the Postal Service to take measures to ensure that all individuals residing in senior communities receive their mail through door delivery service.
Bill· HRH.R. 3145 (106th)referred
United States · United States Congress · 26 October 1999
Health Care Preservation and Accessibility Act of 1999 - Title I: Teaching Hospitals - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the following: (1) termination of multiyear reduction of indirect graduate medical education payments; (2) exclusion of nursing and allied health education costs in calculating payments to Medicare+Choice organizations under Medicare part C; and (3) payment to hospitals of nursing and allied health education program costs for Medicare+Choice enrollees. (Sec. 102) Directs the Secretary of Health and Human Services (HHS), for each of FY 2000 and 2001, to make two payments determined in accordance with specified guidelines to each children's hospital whose inpatients are predominantly individuals under age 18, one for direct expenses and the other for indirect expenses associated with operating approved graduate medical residency training programs. Authorizes appropriations. Title II: Rural Hospitals - Amends SSA title XVIII to: (1) revise the criteria for designation as a critical access hospital under provisions for the Medicare rural hospital flexibility program; (2) provide authority under Medicare part B (Supplementary Medical Insurance) provisions for payment of benefits for the establishment of a prospective payment system (PPS) for rural health clinic services; (3) require consideration of rural issues in establishing the fee schedule for ambulance services under Medicare part B; and (4) set the applicable percentage at 100 percent with respect to covered outpatient department (OPD) services furnished during a transition year in a rural hospital pursuant to the provisions below in title IV of this Act that provide for a multiyear transition to the PPS for hospital OPD services under Medicare part B. Title III: Safety Net Providers - Amends SSA title XIX (Medicaid) to establish a new PPS for federally-qualified health centers and rural health clinics under Medicaid. (Sec. 302) Amends SSA title XVIII to: (1) provide for the removal of payments attributable to disproportionate share (DSH) payments from calculation of adjusted average per capita cost in determining payments to Medicare+Choice organizations; (2) provide additional payments for managed care enrollees under Medicare part D (Miscellaneous) provisions for payment to hospitals for inpatient hospital services; and (3) place a limitation on the reduction of payments to DSH hospitals. Title IV: Other Hospital Provisions - Amends SSA title XVIII to provide for: (1) delay of the financial limitation on rehabilitation services under Medicare part B provisions for the payment of benefits; and (2) multiyear transition to the PPS for hospital OPD services under Medicare part B. Title V: Skilled Nursing Facilities - Directs the Secretary of Health and Human Services (HHS), for purposes of applying the formula under the PPS for determining the amount of payment for the costs of covered skilled nursing facility (SNF) services provided on or after a certain time period, to increase the adjusted Federal per diem rate under such PPS for services provided to any individual in a RUG III category by the applicable payment add-on determined in accordance with an outlined table. (Sec. 502) Excludes ambulance services furnished to an individual in conjunction with a renal dialysis service, and prosthetic and orthotic devices from the PPS for SNFs. (Sec. 503) Directs the Secretary to: (1) cover under extended care services provisions of Medicare part A (Hospital Insurance) individuals with a condition classifiable within a specified diagnosis-related group; (2) study and report to Congress on extended care services provided in SNFs for which coverage is provided under the Medicare select program; (3) establish certain extended care services demonstration programs; (4) require the application of any deductibles and coinsurance under Medicare part A upon waiver of the three day hospitalization stay requirement and beginning with the first day of extended care services in a SNF; (5) reduce the amount of any deductible or coinsurance applied based on certain criteria; and (6) reduce amounts otherwise payable under Medicare part A for post-hospital extended care services under specified conditions. Provides that in the case of an individual eligible for Medicaid nursing facility service assistance, Medicaid shall apply as if this title had not been enacted. (Sec. 504) Authorizes the extension of certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Title VI: Cost-Efficient Home Health Providers - Amends the Balanced Budget Act of 1997 (BBA '97), as amended by the Tax and Trade Relief Extension Act of 1998, to delay for an additional year the contingency reduction scheduled under BBA '97 with regard to payment for home health services. (Sec. 602) Amends SSA title XVIII to eliminate the 15-minute reporting requirement under the PPS for home health services with regard to the length of time of the service visit. (Sec. 603) Outlines provisions for recoupment by the Secretary of overpayments to home health agencies for certain home health services. (Sec. 604) Amends SSA title XVIII to provide for an increase in the per visit cost limit with respect to payment for services furnished by home health agencies. Title VII: Medicare+Choice and Medigap Protections for Seniors and the Disabled - Amends SSA title XVIII to provide for: (1) a two year (currently, one year) period during which an individual may be enrolled in a Medicare+Choice plan under Medicare part C and then terminate such enrollment for enrollment in a Medicare supplemental (Medigap) policy; (2) modification of coverage enrollment periods for such plans and policies with regard to individual notification of plan or policy termination; (3) guaranteed issuance of certain Medigap policies in cases of a substantial change in benefits under a Medicare+Choice plan, of certain Medigap policies to disabled Medicare+Choice disenrollees, and of the same Medigap benefit package for certain Medicare+Choice disenrollees; and (4) prohibition of attained-age rating of premiums for Medigap policies. Title VIII: Medicare Preservation through Fraud Prevention - Amends SSA title XVIII to provide for: (1) site inspections for suppliers of durable medical equipment (DME), community mental health centers, and other provider groups as determined by the Secretary; (2) background checks on applicants for provider numbers; and (3) registration of billing agencies and individuals. (Sec. 803) Amends SSA title XI to provide for exclusion of applicable persons from participation in Federal health care programs if such a person submitted a fraudulent claim for reimbursement under Medicare. Provides for: (1) expanded access to the database maintained through the national health care fraud and abuse data collection program; and (2) a criminal penalty for misuse of database information. (Sec. 804) Amends SSA title XVIII to make Medicare carriers and fiscal intermediaries liable for claims submitted by excluded providers. (Sec. 805) Revises Medicare provisions on community mental health centers. (Sec. 806) Amends SSA title XI to: (1) limit the discharge of debts in bankruptcy proceedings in cases where a health care provider or a supplier engages in fraudulent activity; and (2) impose a criminal penalty for the selling or distribution of two or more Medicare or Medicaid beneficiary identification or provider numbers. (Sec. 808) Amends the Federal criminal code to provide for the treatment of certain SSA crimes as Federal health care offenses. (Sec. 809) Authorizes any criminal investigator of the HHS' Inspector General's (IG's) Office, upon designation, to execute a variety of specified duties, including obtaining and executing any warrant or other process issued under the authority of the United States, while engaged in activities within the lawful jurisdiction of the IG. Provides that the HHS IG may receive and expend funds that represent the equitable share from the forfeiture of property in investigations in which the HHS IG participated, and that are transferred to the HHS IG by the Departments of Justice or the Treasury or the U.S. Postal Service. Requires such equitable sharing funds to be deposited in a separate account and to remain available until expended. (Sec. 810) Outlines requirements for universal product numbers (UPN's, or bar codes) on claims forms for Medicare reimbursement of any UPN covered item. Authorizes appropriations.
Resolution· SCONRESS.Con.Res. 60 (106th)referred
United States · United States Congress · 15 October 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp in honor of the U.S.S. Wisconsin and those who served on that vessel.
Law· SS. 1707 (106th)enacted
United States · United States Congress · 7 October 1999
Amends the Inspector General Act of 1978 to remove from inclusion as a "designated Federal entity" and add as an "establishment" the following: Amtrak, the Federal Reserve System, the National Science Foundation, the Tennessee Valley Authority, and the United States Postal Service (USPS). Amends Federal employee provisions to include the inspector general of each such establishment within the Executive Schedule pay series. Empowers the USPS Inspector General with oversight responsibilities for all activities of the Postal Inspection Service, including any internal investigations. Requires the Chief Postal Inspector to promptly report to the USPS Inspector General on significant activities being carried out by the Postal Inspection Service. Authorizes appropriations for the USPS Inspector General. Outlines transition provisions for the USPS Inspector General and inspectors general of establishments under this Act.
Bill· HRH.R. 3042 (106th)referred
United States · United States Congress · 7 October 1999
Designates the U.S. Postal Service facility located at 1031 Volens Road in Nathalie, Virginia, as the Susie A. Davis Post Office.
Bill· SS. 1701 (106th)referred
United States · United States Congress · 6 October 1999
Civil Asset Forfeiture Reform Act of 1999 - Amends civil forfeiture provisions under the Federal criminal code (the code) to direct that at trial: (1) the Government have the burden of proving that the property is subject to forfeiture by a preponderance of the evidence; and (2) the claimant have the burden of proving any affirmative defense by a preponderance of the evidence. Specifies that no party shall be required to establish that it is able to meet its burden of proof until the time of trial, with an exception for summary judgment motions. (Sec. 3) Requires the Government, whenever property other than real property is seized by a Federal law enforcement agency or is turned over to such an agency by a State or local law enforcement agency for the purpose of forfeiture under Federal law, to commence administrative forfeiture proceedings against the property pursuant to the customs laws within 60 days after the seizure or turnover unless the Attorney General has filed a civil forfeiture complaint, or included the property in a criminal indictment, before such period has expired. Requires the seizing agency, upon commencing administrative forfeiture proceedings, to send notice of the proceedings, together with information on the applicable procedures for contesting the forfeiture, to each party known to the agency at the time of the seizure to have an ownership or possessory interest, including a lienholder's interest in the seized property. Directs that, if the identity or interest of a party is not determined until after the seizure but is determined before a declaration of forfeiture is entered, such written notice and information be sent to such interested party not later than 60 days after the determination of the seizing agency of the party's identity or interest. Requires the Government, if it does not send notice of a seizure of property to the person from whom it was received and no extension of time is granted, to return the property to that person without prejudice to the Government's right to commence a forfeiture proceeding at a later time. Directs that if the property is returned herein, neither the seizing agency nor any individual agent shall be held liable for the failure to provide notice. Specifies that the Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess. Authorizes the Attorney General, the Secretary of the Treasury, or the United States Postal Service, as applicable, to waive such notice requirements for good cause. Allows any person entitled to such notice who does not receive such notice to file, within two years after the date of final publication of notice of seizure of the property, a motion to set aside a declaration of forfeiture under the Tariff Act of 1930, which motion shall be granted if the moving party: (1) had an ownership or possessory interest in the forfeited property and the Government knew, or reasonably should have known, of that party's interest and failed to take reasonable steps to provide such party with notice of the forfeiture; and (2) did not have actual notice of the seizure within sufficient time to file a claim within the time period provided by law. Directs: (1) the court, upon granting such a motion, to set aside the declaration of forfeiture as to the interest of the moving party pending forfeiture proceedings in accordance with the Tariff Act, which proceedings shall be instituted within 60 days of the entry of the order granting the motion; and (2) the Government, if at the time such a motion is granted the forfeited property has been disposed of by the Government in accordance with law, to institute forfeiture proceedings against a substitute sum of money equal to the value of the forfeited property at the time the property was disposed of, plus interest. Makes a motion under this Act the exclusive means of obtaining judicial review of a declaration of forfeiture entered by a seizing agency. (Sec. 4) Rewrites provisions of the Tariff Act to authorize a person claiming a seized vessel, vehicle, aircraft, merchandise, or baggage (vessel) to file a claim with the Customs Service at any time after the seizure, provided that the claim is filed not later than the later of 30 days after the first publication of notice of seizure, or the deadline set forth in a personal notice letter received by such person. Requires the claim to be signed by the claimant under penalty of perjury and contain a brief statement of the nature and extent of the claimant's ownership interest in the property. Requires a person filing a claim to post bond to the United States in the sum of $5,000 or ten percent of the value of the claimed property, whichever is less, but not less than $250, with sureties approved by the Customs Service. Specifies that no bond shall be required if the Secretary approves a claim filed in forma pauperis. Directs the Customs Service to transmit any such claim filed, with a duplicate list and description of the articles seized, to the U.S. attorney for the district in which the property was seized, or any other district in which a forfeiture action may be filed. Allows the U.S. attorney, after reviewing the matter, to decide to return the property to the claimant or to reach an appropriate compromise agreement with the claimant (otherwise the U.S. attorney shall proceed to a condemnation of the merchandise or other property or proceed to include the merchandise or other property in an appropriate criminal indictment). Directs the appropriate customs officer, if no claim is filed or bond given within 30 (currently, 20) days, to declare the vessel forfeited. Specifies that a cost bond otherwise required by the Tariff Act shall not be required if the claimant: (1) pledges real or personal property having a value greater than or equal to that of the bond that would otherwise be required as security against the costs of the Government; (2) provides, in any case in which the pledged real or personal property is subject to a Federal or State recording, certificate of title, or registration statute, documentary proof evidencing the ownership of the property by the claimant or pledger; and (3) files an affidavit under penalty of perjury setting forth the value of the property and stating that the claimant is the owner of the property. Allows the U.S. attorney, once the claim is referred to the U.S. attorney under the Tariff Act, to ask the court to review the facts set forth in the affidavit filed. Authorizes the claimant, at the conclusion of the case, to move for return of the cost bond, or to rescind the property pledge, and the court to grant such motion if the court finds that the claim was substantially justified. Directs the Government, if the court denies such motion, or if no such motion is made, to retain the bond to the extent necessary to recover its costs and return the balance to the claimant. Allows the Government, in the case of a property pledge, to: (1) serve upon the claimant an assessment of its costs, which assessment shall be collectible as a debt owed to the Government; or (2) foreclose on the pledged property to recover its costs. (Sec. 5) Directs the Attorney General, in any case in which property has been seized or restrained by the Government and a claim has been filed, to: (1) file a compliant for forfeiture within 90 days (with an exception) or include a forfeiture count in a criminal indictment or information, or both; or (2) return the property pending the filing of a complaint or indictment. Authorizes the Government to apply to a Federal magistrate judge in any district in which venue for a forfeiture action would lie for an extension of time in which to comply, which shall be granted based on a showing of good cause. Allows such extension to be made ex parte where the filing would jeopardize an ongoing criminal investigation, prosecution, or court-authorized electronic surveillance. Sets forth provisions regarding the filing of a claim and answer, and a motion to dismiss a complaint for forfeiture. (Sec. 6) Amends the code to authorize a person with standing to challenge the forfeiture of seized property to file a motion for the return of the property. Directs the court, if such motion is filed, to conduct a hearing within 90 days and order the release of the property, pending trial on the forfeiture and entry of judgment, unless: (1) the Government establishes probable cause to believe that the property is subject to forfeiture, based on all information available to the Government at the time of hearing; (2) the Government has filed a civil forfeiture complaint against the property, and a magistrate judge has determined there is probable cause for the issuance of a warrant of arrest in rem; (3) a grand jury has returned an indictment that includes an allegation that the property is subject to criminal forfeiture; (4) the party filing the motion had notice of the intent of the Government to forfeit the property administratively, and failed to file a claim to the property within the specified time period; (5) the property is contraband or other property that the moving party may not legally possess; or (6) the property is needed as evidence in a criminal investigation or prosecution. (Sec. 7) Directs the court, if the party filing a claim in a civil forfeiture case is not charged with any criminal offense in a related criminal case, and the court enters judgment for that party, to order the Government to pay costs and reasonable attorney's fees to the claimant, with exceptions. Provides for sanctions for frivolous claims. (Sec. 8) Directs that all civil forfeitures of, and interests in, real property proceed as judicial forfeitures. Makes the administrative forfeiture provisions of the Tariff Act inapplicable to the forfeiture of real property. Prohibits (with exceptions): (1) real property that is the subject of a forfeiture action from being seized before entry of an order of forfeiture; and (2) the owners or occupants of the real property from being evicted from, or otherwise deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture action. Directs the court in which a civil forfeiture action is pending, in lieu of issuing an arrest warrant in rem, to issue a notice of complaint for forfeiture, which shall be served on the property owner and posted on the property. Specifies that the posting of such notice shall be sufficient to give the court in rem jurisdiction over the property. Provides for constructive service if the property owner cannot be served because such owner is a fugitive or resides outside of the United States, and efforts at service are unavailing. Sets forth provisions regarding seizure prior to entry of a forfeiture order, post- seizure hearings, actions not considered seizures, and scope of applicability of this section. (Sec. 9) Amends the Federal Tort Claims Act to authorize compensation for damage to seized property if the claimant is not convicted of a crime for which the claimant's property interest would be subject to forfeiture and if other specified circumstances apply. Specifies that damage to property occurring in the course of carrying out a lawful law enforcement function may not be construed to be the result of negligence unless the function was carried out in an unreasonable manner. (Sec. 10) Amends the code to prohibit the forfeiture of the interest of an innocent owner in property in any judicial action under any civil forfeiture provision of the code, the Controlled Substances Act (CSA), or the Immigration and Nationality Act (INA). Defines "innocent owner" with respect to: (1) a property interest in existence at the time the illegal act giving rise to forfeiture took place, as an owner who did not know that the property was being used or was likely to be used in the commission of such illegal act, or upon learning that the property was being used or was likely to be used in the commission of such act, did all that reasonably could be expected to terminate or prevent such use of the property; and (2) such an interest acquired after the act giving rise to the forfeiture took place, as a person who establishes, by a preponderance of the evidence that the person acquired the property as a bona fide purchaser for value who at the time of the purchase did not know and was reasonably without cause to believe that the property was subject to forfeiture. Makes an innocent owner defense under this section an affirmative defense. (Sec. 11) Authorizes the release of seized property pending trial to avoid hardship under specified circumstances. (Sec. 12) Directs the court, upon motion of the United States, to stay a civil forfeiture proceeding if the court determines that civil discovery or trial could adversely affect the Government's ability to conduct a related criminal investigation or the prosecution of a related criminal case. Directs the court, upon motion of a claimant, to stay the civil forfeiture proceeding with respect to that claimant if the court determines that: (1) the claimant is the subject of a related criminal investigation or case; (2) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (3) continuation of the forfeiture proceeding may infringe upon the claimant's right against self- incrimination in the related investigation or case. Authorizes the court to determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. Prohibits the court from imposing a protective order as an alternative to a stay if the effect of such order would be to allow one party to pursue discovery while the other party is substantially unable to do so. Sets forth provisions regarding presentations ex parte and under seal, court orders to preserve the value of property, and applicability of standing determinations. (Sec. 13) Amends the Federal judicial code to provide that, upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under the Federal criminal code, the CSA, or the INA, the United States shall: (1) be liable for post-judgment interest; (2) not be liable for prejudgment interest, with an exception; and (3) not be required to disgorge the value of any intangible benefits nor to make any other payments of interest or other compensation to the claimant not specifically authorized. (Sec. 14) Rewrites code provisions regarding search warrant requirements for civil forfeiture. Authorizes the seizure of property by the Secretary of the Treasury or the United States Postal Service in the case of property involved in a violation investigated by such Secretary or Service. Requires that any such seizure be made pursuant to a warrant, which may be issued by a magistrate judge, except that a seizure may be made without a warrant if: (1) a complaint for forfeiture has been filed in the district court and the court has issued an arrest warrant in rem based upon a showing of probable cause; (2) there is probable cause to believe that the property is subject to forfeiture and the seizure is made pursuant to a lawful arrest or search, or another exception to the Fourth Amendment warrant requirement would apply; or (3) the property was lawfully seized by a State or local law enforcement agency and has been transferred to a Federal agency. Authorizes issuance of a seizure warrant by a judicial officer in any district in which a forfeiture action against the property may be filed under judicial code provisions, and executed in any district in which the property is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement. Directs the judicial officer to command the officer to seize, within a specified time period, the property specified in the warrant. Requires any motion for the return of property seized to be filed in the district in which the seizure warrant was issued. Allows a party with standing to challenge a seizure and forfeiture to move to suppress the use of the property as evidence on the ground that the Government lacked probably cause at the time of the seizure. Specifies that suppression of the property as evidence shall not affect the Government's right to proceed with a forfeiture action based on independently derived evidence. Authorizes the Attorney General, if any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States, to apply to a Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, except that the time may be extended for good cause shown at a hearing. Requires the application for the restraining order to set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the United States that would be subject to forfeiture, and to contain a statement that the order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property. (Sec. 15) Authorizes the court, before or after filing a forfeiture complaint and on application of the Government, to: (1) enter any restraining order or injunction of the CSA; (2) require the execution of satisfactory performance bonds; (3) create receiverships; (4) appoint conservators, custodians, appraisers, accountants, or trustees; or (5) take any other action to seize, secure, maintain, or preserve the availability of property subject to forfeiture. (Sec. 16) Provides that, at the conclusion of the trial and following the entry of a forfeiture verdict: (1) the claimant may petition the court to determine whether the excessive fines clause of the Eighth Amendment applies and, if so, whether the forfeiture is grossly disproportional to the gravity of the offense; (2) the claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing by the court without a jury; and (3) if the court determines that the forfeiture is grossly disproportional to the gravity of the offense, the court shall adjust the forfeiture to the extent necessary to avoid the constitutional violation. (Sec. 17) Authorizes the Attorney General, the Secretary of the Treasury, or their designee, in any investigation relating to the seizure or forfeiture of property, to issue in writing and cause to be served a subpoena for evidence. Makes provisions of the code (regarding obstruction of civil investigative demands), the Right to Financial Privacy Act, and the Fair Credit Reporting Act applicable to this section. (Sec. 18) Dismisses with prejudice the claim of any claimant in a civil forfeiture case, or any related criminal forfeiture case under CSA, when the claimant refuses to provide certain financial records located in a foreign country when it is within the claimant's capacity to make such records available. (Sec. 19) Modifies code provisions regarding disclosure of matters occurring before a grand jury to allow a person who is privy to grand jury information to disclose the information to a Government attorney for use in connection with any civil forfeiture provision of Federal law. (Sec. 20) Amends the Internal Revenue Code to authorize a Federal district court judge or magistrate to open to inspection by, or disclosure to, Federal officers and employees who are personally and directly engaged in specified activities of tax return information available in connection with a civil forfeiture investigation or proceeding. (Sec. 21) Amends the Tariff Act to provide that, in the case of forfeiture, the statute of limitations shall be within five years after the time when the existence of the property and the involvement of the property in the alleged offense were discovered (but retains the current standard of five years after the time when the alleged offense was discovered). (Sec. 22) Amends the code to expand the scope of provisions regarding the destruction or removal of property to prevent seizure to cover seizure for forfeiture and to explicitly cover real property. (Sec. 23) Revises code provisions regarding civil forfeiture of fungible property to permit invocation of such provisions only if the action for forfeiture was commenced by a seizure or arrest in rem within two years of the offense that is the basis for the forfeiture. Makes such provisions inapplicable to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture. (Sec. 24) Amends the CSA to provide that in any action with respect to the forfeiture of seized currency the finder of fact shall determine the nexus between the currency and the drug trafficking offense based on the totality of the circumstances. Lists factors which the finder of fact may consider in making such determination. (Sec. 25) Amends the code to authorize the use of forfeited property to pay restitution to any victim of the offense giving rise to the forfeiture, including, in the case of a money laundering offense, any offense constituting the underlying specified activity. (Sec. 26) Amends the judicial code to provide that a person who, in order to avoid criminal prosecution, purposely leaves U.S. jurisdiction, declines to enter or reenter the United States to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the person, may not use the resources of the U.S. courts in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action. (Sec. 27) Requires a foreign nation seeking to have its value-based confiscation judgment registered and enforced by a U.S. district court to first submit a request to the Attorney General or his or her designee (Attorney General) which shall include specified information, including a summary of the facts of the case and a description of the criminal proceeding that resulted in the value-based confiscation judgment. Directs the Attorney General to determine whether to certify the request, which decision shall be final. Permits a foreign nation to file a civil proceeding in U.S. district court, if the Attorney General certifies a request, seeking to enforce the foreign value-based confiscation judgment as if the judgment had been entered by a U.S. court, subject to specified requirements. (Sec. 28) Amends the judicial code to authorize the Government, if a forfeiture of property is authorized in connection with a violation of an Act of Congress and any person is charged in an indictment or information with such violation but no specific statutory provision is made for criminal forfeiture upon conviction, to include the forfeiture in the indictment or information. Directs the court, upon conviction, to order the forfeiture of the property in accordance with procedures set forth in the Comprehensive Drug Abuse Prevention and Control Act of 1970. (Sec. 29) Amends the CSA and the code to provide for uniform civil forfeiture standards. (Sec. 31) Rewrites INA provisions regarding the bringing in and harboring of aliens to authorize the seizure and forfeiture of the gross proceeds of a violation, and any property traceable to such conveyance or proceeds. Specifies that standards under the code shall apply to civil forfeitures under the INA, with an exception for duties imposed upon the Secretary of the Treasury under the customs laws. Sets forth prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States, or that such alien remained in violation of law.
Bill· SS. 1698 (106th)referred
United States · United States Congress · 6 October 1999
Directs the Secretary of the Interior to pay a specified sum jointly to three named individuals of Norwood Manufacturing, Inc., in full satisfaction of their legal and equitable claims against the United States for damages incurred relating to the termination of a contract with the U.S. Postal Service for the manufacture of wooden pallets.
Law· HRH.R. 3030 (106th)enacted
United States · United States Congress · 6 October 1999
Designates the U.S. Postal Service facility located at 757 Warren Road in Ithaca, New York, as the Matthew F. McHugh Post Office.
Law· HRH.R. 3018 (106th)enacted
United States · United States Congress · 5 October 1999
Designates the U.S. Post Office located at 557 East Bay Street in Charleston, South Carolina, as the Marybelle H. Howe Post Office.
Record· NominationPN604 (106th)open
United States · United States Senate · 1 October 1999
Record· NominationPN605 (106th)open
United States · United States Senate · 1 October 1999
Resolution· HRESH.Res. 319 (106th)referred
United States · United States Congress · 1 October 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a postage stamp in honor of Thurgood Marshall.
Resolution· HRESH.Res. 316 (106th)referred
United States · United States Congress · 29 September 1999
Calls for the Citizen's Stamp Advisory Committee to recommend and the Postal Service to issue a postage stamp honoring William Holmes McGuffey, author of the McGuffey Readers.
Law· HRH.R. 2952 (106th)enacted
United States · United States Congress · 27 September 1999
Redesignates the U.S. Postal Service located at 100 Orchard Park Drive in Greenville, South Carolina, and known as the Orchard Park Station, as the Keith D. Oglesby Station.
Law· HRH.R. 2938 (106th)enacted
United States · United States Congress · 23 September 1999
Designates the facility of the U.S. Postal Service located at 424 South Michigan Street in South Bend, Indiana, as the John Brademas Post Office.
Bill· HRH.R. 2914 (106th)referred
United States · United States Congress · 22 September 1999
Tobacco Free Internet for Kids Act - Prohibits: (1) the sale of tobacco products to an individual under the age of 18 using the Internet or the Postal Service or other carrier; and (2) shipping in interstate commerce tobacco products which have been so sold. Authorizes the attorney general or other chief law enforcement officer of a State, with reasonable cause, to bring a civil action for injunctive relief to restrain a person from engaging, or continuing to engage, in a violation of this Act. Sets forth provisions regarding Federal jurisdiction, requirements for injunctions and court orders, and criminal penalties.
Bill· SS. 1582 (106th)referred
United States · United States Congress · 14 September 1999
Health Care Preservation Act of 1999 - Title I: Teaching Hospitals - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the following: (1) termination of multiyear reduction of indirect graduate medical education payments; and (2) exclusion of nursing and allied health education costs in calculating payments to Medicare+Choice organizations under Medicare part C. Title II: Rural Hospitals - Amends SSA title XVIII to: (1) revise the criteria for designation as a critical access hospital under provisions for the Medicare rural hospital flexibility program; (2) provide authority under Medicare part B (Supplementary Medical Insurance) provisions for payment of benefits for the establishment of a prospective payment system (PPS) for rural health clinic services; (3) require consideration of rural issues in establishing the fee schedule for ambulance services under Medicare part B; and (4) set the applicable percentage at 100 percent with respect to covered outpatient department (OPD) services furnished during a transition year in a rural hospital pursuant to the provisions below in title IV of this Act that provide for a multiyear transition to the PPS for hospital OPD services under Medicare part B. Title III: Safety Net Providers - Amends SSA title XIX (Medicaid) to establish a new PPS for federally-qualified health centers and rural health clinics under Medicaid. (Sec. 302) Amends SSA title XVIII to: (1) provide for the removal of payments attributable to disproportionate share (DSH) payments from calculation of adjusted average per capita cost in determining payments to Medicare+Choice organizations; (2) provide additional payments for managed care enrollees under Medicare part D (Miscellaneous) provisions for payment to hospitals for inpatient hospital services; and (3) place a limitation on the reduction of payments to DSH hospitals. Title IV: Other Hospital Provisions - Amends SSA title XVIII to provide for: (1) delay of the financial limitation on rehabilitation services under Medicare part B provisions for the payment of benefits; and (2) multiyear transition to the PPS for hospital OPD services under Medicare part B. Title V: Skilled Nursing Facilities - Directs the Secretary of Health and Human Services (HHS), for purposes of applying the formula under the PPS for determining the amount of payment for the costs of covered skilled nursing facility (SNF) services provided on or after a certain time period, to increase the adjusted Federal per diem rate under such PPS for services provided to any individual in a RUG III category by the applicable payment add-on determined in accordance with an outlined table. (Sec. 502) Excludes ambulance services furnished to an individual in conjunction with a renal dialysis service, and prosthetic and orthotic devices from the PPS for SNFs. (Sec. 503) Directs the Secretary to: (1) cover under extended care services provisions of Medicare part A (Hospital Insurance) individuals with a condition classifiable within a specified diagnosis-related group; (2) study and report to Congress on extended care services provided in SNFs for which coverage is provided under the Medicare select program; (3) establish certain extended care services demonstration programs; (4) require the application of any deductibles and coinsurance under Medicare part A upon waiver of the three day hospitalization stay requirement and beginning with the first day of extended care services in a SNF; (5) reduce the amount of any deductible or coinsurance applied based on certain criteria; and (6) reduce amounts otherwise payable under Medicare part A for post-hospital extended care services under specified conditions. Provides that in the case of an individual eligible for Medicaid nursing facility service assistance, Medicaid shall apply as if this title had not been enacted. (Sec. 504) Authorizes the extension of certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Title VI: Cost-Efficient Home Health Providers - Amends the Balanced Budget Act of 1997 (BBA '97), as amended by the Tax and Trade Relief Extension Act of 1998, to delay for an additional year the contingency reduction scheduled under BBA '97 with regard to payment for home health services. (Sec. 602) Amends SSA title XVIII to eliminate the 15-minute reporting requirement under the PPS for home health services with regard to the length of time of the service visit. (Sec. 603) Outlines provisions for recoupment by the Secretary of overpayments to home health agencies for certain home health services. (Sec. 604) Amends SSA title XVIII to provide for an increase in the per visit cost limit with respect to payment for services furnished by home health agencies. Title VII: Medicare+Choice and Medigap Protections for Seniors and the Disabled - Amends SSA title XVIII to provide for: (1) a two year (currently, one year) period during which an individual may be enrolled in a Medicare+Choice plan under Medicare part C and then terminate such enrollment for enrollment in a Medicare supplemental (Medigap) policy; (2) modification of coverage enrollment periods for such plans and policies with regard to individual notification of plan or policy termination; (3) guaranteed issuance of certain Medigap policies in cases of a substantial change in benefits under a Medicare+Choice plan, of certain Medigap policies to disabled Medicare+Choice disenrollees, and of the same Medigap benefit package for certain Medicare+Choice disenrollees; and (4) prohibition of attained-age rating of premiums for Medigap policies. Title VIII: Medicare Preservation through Fraud Prevention - Amends SSA title XVIII to provide for: (1) site inspections for suppliers of durable medical equipment (DME), community mental health centers, and other provider groups as determined by the Secretary; (2) background checks on applicants for provider numbers; and (3) registration of billing agencies and individuals. (Sec. 803) Amends SSA title XI to provide for exclusion of applicable persons from participation in Federal health care programs if such a person submitted a fraudulent claim for reimbursement under Medicare. Provides for: (1) expanded access to the database maintained through the national health care fraud and abuse data collection program; and (2) a criminal penalty for misuse of database information. (Sec. 804) Amends SSA title XVIII to make Medicare carriers and fiscal intermediaries liable for claims submitted by excluded providers. (Sec. 805) Revises Medicare provisions on community mental health centers. (Sec. 806) Amends SSA title XI to: (1) limit the discharge of debts in bankruptcy proceedings in cases where a health care provider or a supplier engages in fraudulent activity; and (2) impose a criminal penalty for the selling or distribution of two or more Medicare or Medicaid beneficiary identification or provider numbers. (Sec. 808) Amends the Federal criminal code to provide for the treatment of certain SSA crimes as Federal health care offenses. (Sec. 809) Authorizes any criminal investigator of the HHS' Inspector General's (IG's) Office, upon designation, to execute a variety of specified duties, including obtaining and executing any warrant or other process issued under the authority of the United States, while engaged in activities within the lawful jurisdiction of the IG. Provides that the HHS IG may receive and expend funds that represent the equitable share from the forfeiture of property in investigations in which the HHS IG participated, and that are transferred to the HHS IG by the Departments of Justice or the Treasury or the U.S. Postal Service. Requires such equitable sharing funds to be deposited in a separate account and to remain available until expended. (Sec. 810) Outlines requirements for universal product numbers (UPN's, or bar codes) on claims forms for Medicare reimbursement of any UPN covered item. Authorizes appropriations.
Resolution· HRESH.Res. 291 (106th)passed
United States · United States Congress · 14 September 1999
Waives all points of order against the consideration of the conference report on H.R. 2490 (Treasury Department, U.S. Postal Service, Executive Office of the President, and certain independent agencies appropriations).
Bill· SS. 1566 (106th)referred
United States · United States Congress · 8 September 1999
St. Simons Island Lighthouse Preservation Act - Requires the Postal Service to terminate its lease entered into on July 3, 1961, with Capital Properties Inc. for use of property at St. Simons Island in Brunswick, Georgia, as a post office. Directs the Administrator of General Services to transfer to the Postal Service Federal property of equal value to the property subject to such lease.
Bill· HRH.R. 2731 (106th)referred
United States · United States Congress · 5 August 1999
Consumer Choice and Sweepstakes Control Act - Declares that matter otherwise legally acceptable in the mails is nonmailable, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, if it: (1) is a skill contest or sweepstakes addressed to an individual who made an election to be excluded from all mailing lists used by promoters of skill contests or sweepstakes by mailing a removal request form to the notification system established under this Act; or (2) is in noncompliance with the promoter requirements of this Act. Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address or toll-free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) establish and maintain a notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and addresses used by that promoter to mail such material. Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system. Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements.
Bill· HRH.R. 2733 (106th)referred
United States · United States Congress · 5 August 1999
Federal Employees Adoption Assistance Act - Directs the head of each executive agency and the Director of the Administrative Office of the U.S. Courts to carry out a program under which an agency employee may be reimbursed for up to $2,000 of qualifying expenses incurred with the adoption of any one child (including if both adopting parents are employees). Makes such adoption expenses reimbursement provisions applicable to the U.S. Postal Service and the Postal Rate Commission.
Bill· HRH.R. 2730 (106th)referred
United States · United States Congress · 5 August 1999
George Thomas "Mickey" Leland Hunger Relief Stamp Act of 1999 - Amends Federal law to require the Postal Service to establish a special rate of postage for first class mail that is up to 25 percent higher than the regular rate as a voluntary alternative that the public may use to contribute to funding for emergency food relief within the United States. Requires 50 percent of collected amounts to be paid to the: (1) Department of Agriculture, for purposes of the Emergency Food Assistance Program; and (2) Agency for International Development, for purposes of the Africa Food Security Initiative. Expresses the sense of the Congress that nothing in this Act should: (1) cause a net decrease in total funds received by the Department of Agriculture, the Agency for International Development, or any other Federal agency below the level that would have otherwise been received but for this Act's enactment; or (2) affect first-class or other regular postage rates. Requires special postage stamps to be made available to the public.
Resolution· HCONRESH.Con.Res. 175 (106th)referred
United States · United States Congress · 5 August 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the U.S. Postal Service to issue a commemorative postage stamp in honor of George Thomas "Mickey" Leland.
Bill· HRH.R. 2678 (106th)referred
United States · United States Congress · 3 August 1999
Declares that matter otherwise legally acceptable in the mails is nonmailable, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, if it: (1) is a skill contest or sweepstakes addressed to an individual who made an election to be excluded from all mailing lists used by promoters of skill contests or sweepstakes by mailing a removal request form to the notification system established under this Act; or (2) is in noncompliance with the promoter requirements of this Act. Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address or toll- free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) establish and maintain a notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and addresses used by that promoter to mail such material. Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system. Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements.
Bill· HRH.R. 2589 (106th)referred
United States · United States Congress · 22 July 1999
Provides for the transfer of the U.S. Postal Service to a private corporation. Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary. Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer.
Bill· HRH.R. 2562 (106th)referred
United States · United States Congress · 20 July 1999
Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is equal to the regular rate plus a differential of not to exceed 25 percent to be offered as an alternative that patrons may use voluntarily to contribute to funding for prostate cancer research. Requires the Service to pay 70 percent of the amounts attributable to such differential to the National Institutes of Health and 30 percent to the Department of Defense. Requires the Postmaster General to include in each annual report to the Board of Governors information concerning the operation of this Act. Terminates this Act two years after the date on which such stamps are first made available to the public.
Resolution· SCONRESS.Con.Res. 44 (106th)referred
United States · United States Congress · 19 July 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp in honor of the U.S.S. New Jersey and all those who served aboard her.
Bill· HRH.R. 2535 (106th)referred
United States · United States Congress · 15 July 1999
Postal Service Enhancement Act - Title I: Ratemaking Flexibilities - Amends Federal postal service law to make procedures for determining postal rates and service fees inapplicable in the case of competitive products (products which are determined to have adequate competition in the open market). Prohibits the rate or fee for a noncompetitive product from subsidizing the rate or fee for a competitive product. Provides authority for incremental rate increases for noncompetitive products. (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements. (Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission. Title II: National Commission on Postal Efficiency and Enhancement - Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail. Title III: Enhanced Authorities for the Postal Rate Commission - Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories.
Bill· HRH.R. 2513 (106th)referred
United States · United States Congress · 14 July 1999
Directs the Administrator of General Services to acquire by transfer from the U.S. Postal Service the real property and improvements located at 30 North Seventh Street in Terre Haute, Indiana. Provides that such transfer shall be made without reimbursement, except that the Administrator shall provide to the Postal Service an option to occupy 8,000 square feet of renovated space in the building at no cost for a 20-year term. Requires the Administrator to renovate such building and acquire parking spaces to accommodate use of the building by the Administrator and the U.S. Postal Service. Authorizes appropriations.
Resolution· HRESH.Res. 246 (106th)passed
United States · United States Congress · 14 July 1999
Sets forth the rule (open) for the consideration of H.R. 2490 (Treasury Department, U.S. Postal Service, Executive Office of the President, and certain Independent Agencies appropriations).
Law· HRH.R. 2490 (106th)enacted
United States · United States Congress · 13 July 1999
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: General Provisions Treasury and General Government Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. Title I: Department of the Treasury - Treasury Department Appropriations Act, 2000 - Makes appropriations for the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs for development and acquisition of automatic data processing equipment, software, and services; (3) the Office of Inspector General; (4) the Inspector General for Tax Administration; (5) repair and restoration of the Treasury building and annex; (6) the Financial Crimes Enforcement Network; (7) violent crime reduction programs; (8) the Federal Law Enforcement Training Center, including amounts for maintenance and facility improvements; (9) interagency crime and drug enforcement; (10) the Financial Management Service; (11) the Bureau of Alcohol, Tobacco and Firearms; (12) the U.S. Customs Service, including an amount for operations and maintenance of marine vessels and aircraft; (13) the Bureau of the Public Debt; (14) the Internal Revenue Service, including amounts for tax law enforcement, earned income tax credit compliance and error reduction initiatives, and information systems and telecommunications support; and (15) the Secret Service, including an amount for construction and improvement of facilities. Sets forth authorized uses of, and limitations on, such funds. (Sec. 116) Authorizes the Treasury Inspector General for Tax Administration, from October 1, 1999, through January 1, 2003, to offer voluntary separation incentives to specified employees to carry out the plan to reorganize the Office of the Treasury Inspector General for Tax Administration. (Sec. 119) Permits the Commissioner of the Financial Management Service, from October 1, 1999, through January 31, 2000, to offer such incentives to specified employees to carry out the closure of the Chicago Financial Center in a manner deemed efficient, equitable to employees, and cost-effective. Requires the Secretary of the Treasury, prior to obligating resources for voluntary separation incentive payments, to submit to the Office of Management and Budget (OMB) a strategic plan outlining the intended use of such payments and a proposed organizational chart for the agency once such payments have been completed. Provides for approval of such plan by the OMB Director. Permits such payments only in accordance with the strategic plan. Reduces the total number of funded employee positions in the agency by one position for each vacancy created by the separation of any employee who has received such a payment unless OMB believes that the agency plan demonstrates that the positions would better be used to reallocate occupations or reshape the workforce and produce a more cost-effective result. Title II: Postal Service - Postal Service Appropriations Act, 2000 - Makes appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail. Sets forth authorized uses of, and limitations on, such funds. Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 2000 - Makes appropriations for: (1) compensation of thePresident and the White House office; (2) operating, maintenance, and reimbursable expenses of the Executive Residence at the White House; (3) White House repair and restoration; (4) specialassistance to the President and the official residence of the Vice President; (5) the Council ofEconomic Advisers; (6) the Office of Policy Development; (7) the National Security Council; (8) the Office of Administration; (9) OMB; (10) the Office of National Drug Control Policy;(11) Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national anti-drug campaign for youth; and (12) unanticipated needs in furtherance of the national interest, security, or defense. Sets forth authorized uses of, and limitations on, such funds. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 2000 - Makes appropriations for the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Federal Election Commission; (3) Federal Labor Relations Authority; and (4) General Services Administration (GSA), including amounts for the Federal Buildings Fund, Government-wide policy and operations, Office of Inspector General, and allowances and office staff for former Presidents. Sets forth authorized uses of, and limitations on, such funds. Makes appropriations for: (1) the Merit Systems Protection Board; (2) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation ; (3) the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998; (4) the National Archives and Records Administration, including amounts for repairs and restoration of archives; (5) the National Historical Publications and Records Commission; (6) the Office of Government Ethics; (7) the Office of Personnel Management, including an amount for the Office of Inspector General; (8) Government contributions for health and life insurance benefits for annuitants; (9) the Civil Service Retirement and Disability Fund; (10) the Office of Special Counsel; and (11) the U.S. Tax Court. Sets forth authorized uses of, and limitations on, such funds. Rescinds a specified amount of funds made available for the National Historical Publications And Records Commission grants program. Establishes a revolving fund in the Treasury to be available for expenses and equipment necessary to provide for storage and related services for all temporary and pre-archival Federal records to be stored or stored at Federal National and Regional Records Centers by Federal agencies. Appropriates funds for the fund's initial capitalization. Credits the fund with user charges received from other Federal Government accounts as payment for providing personnel, storage, materials, supplies, equipment, and services. Requires the National Archives and Records Administration to provide quarterly reports on the fund to specified congressional committees. Title V: General Provisions - Sets forth authorized and prohibited uses of funds made available under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 509) Prohibits funds appropriated by this Act from being available to pay for an abortion or the administrative expenses of any Federal employee health plan which provides benefits for abortions. Makes such prohibition inapplicable if the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations. (Sec. 621) Bars the use of funds made available for the Customs Service in this Act to allow the importation of any good produced or manufactured by forced or indentured child labor. (Sec. 628) Requires the OMB Director to report to Congress: (1) estimates of annual costs and benefits of Federal rules and paperwork; (2) impacts of Federal regulation on State, local, and tribal government, small business, wages, and economic growth; and (3) recommendations for reform. Requires the Director to issue guidelines to agencies to standardize measures of costs and benefits and the format of accounting statements. (Sec. 634) Prohibits the use of funds made available in any Act for the implementation of Federal criminal code provisions regarding a national instant criminal background check system unless the system allows, in connection with the delivery of a firearm to a Federal firearms licensee as collateral for a loan, the check to be performed at the time the collateral is offered and provided that: (1) the licensee notifies local law enforcement within 48 hours of receiving a denial on the person offering collateral; and (2) such criminal code provisions apply at the time of the firearm's redemption. (Sec. 635) Bars the use of funds appropriated by this Act to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Makes exceptions to such prohibition for religious health plans. (Sec. 638)Establishes a Chief Financial Officer within the Executive Office of the President, to be appointed by the President. (Sec. 639) Amends the Federal Election Campaign Act of 1971 to direct the Federal Election Commission (FEC) to promulgate a regulation requiring the electronic filing (accessible by computers) of any required designation, statement, or report, if the person required to file the designation, statement, or report has, or has reason to expect to have, aggregate contributions or expenditures in excess of an FEC-determined threshold amount. Requires the regulation to allow an electronic or alternative filing by any person not required to make such filing. Requires the FEC to make any filing accessible to the public on the Internet within 24 hours after receipt. (Sec. 640) Authorizes the FEC, in the case of a violation of any requirement for the reporting of receipts or disbursements: (1) to find (after written notice and an opportunity for a hearing on the record) that a person committed such a violation on the basis of information obtained pursuant to specified current procedures; and (2) based on such finding, to require the person to pay a civil money penalty in an amount determined under a schedule of penalties the FEC establishes and publishes, which takes into account the amount of the violation involved, the existence of previous violations by the person, and such other factors as the FEC considers appropriate. Provides for judicial review of any adverse determination in the appropriate U.S. district court. (Sec. 641) Requires election cycle reporting in the case of an authorized committee of a candidate for Federal office. (Sec. 643) Authorizes the use of appropriated funds by executive agencies to provide child care services for Federal civilian employees. (Sec. 644) Increases the President's annual compensation. (Sec. 646) Transfers all personnel of the General Accounting Office employed to carry out the functions of the Joint Financial Management Improvement Program to GSA. (Sec. 648) Expresses the sense of the Congress that there should continue to be parity between the adjustments in compensation of members of the uniformed services and U.S. civilian employees.
Bill· SS. 1298 (106th)referred
United States · United States Congress · 29 June 1999
Federal Employees Equity Act of 1999 - Amends the Treasury, Postal Service, and General Government Appropriations Act, 1997 to: (1) require (current law authorizes) Federal agencies to reimburse up to half of the costs incurred by qualified employees for professional liability insurance coverage; and (2) redefine an eligible "law enforcement officer" to include customs officers, revenue officers and agents of the Internal Revenue Service, and Assistant U.S. Attorneys.
Bill· HRH.R. 2385 (106th)referred
United States · United States Congress · 29 June 1999
Directs the General Accounting Office to study the extent to which the incidence of random yet recurrent violence on the part of current and former Postal Service employees might be related to levels of workplace-related problems and frustrations experienced by postal workers generally. Requires a report containing study conclusions to Congress and the Postal Service, together with recommendations for legislation or administrative actions.
Bill· SS. 1282 (106th)open
United States · United States Congress · 24 June 1999
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: General Provisions Treasury and General Government Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. Title I: Department of the Treasury - Treasury Department Appropriations Act, 2000 - Makes appropriations for the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs for development and acquisition of automatic data processing equipment, software, and services; (3) the Office of Inspector General; (4) the Inspector General for Tax Administration; (5) repair and restoration of the Treasury building and annex; (6) the Financial Crimes Enforcement Network; (7) violent crime reduction programs; (8) the Federal Law Enforcement Training Center, including amounts for maintenance and facility improvements; (9) the Financial Management Service; (10) the Bureau of Alcohol, Tobacco and Firearms; (11) the U.S. Customs Service, including amounts for operations and maintenance of marine vessels and aircraft and collection of the Harbor Maintenance Fee; (12) the Bureau of the Public Debt; (13) the Internal Revenue Service, including amounts for tax law enforcement, earned income tax credit compliance and error reduction initiatives, and information systems and telecommunications support; and (14) the Secret Service, including an amount for construction and improvement of facilities. Sets forth authorized uses of, and limitations on, such funds. (Sec. 116) Authorizes the Treasury Inspector General for Tax Administration, from October 1, 1999, through January 1, 2003, to offer voluntary separation incentives to specified employees to carry out the plan to reorganize the Office of the Treasury Inspector General for Tax Administration. (Sec. 117) Permits the Commissioner of the Financial Management Service, from October 1, 1999, through January 31, 2000, to offer such incentives to specified employees to carry out the closure of the Chicago Financial Center in a manner deemed efficient, equitable to employees, and cost-effective. Requires the Secretary of the Treasury, prior to obligating resources for voluntary separation incentive payments, to submit to the Office of Management and Budget (OMB) a strategic plan outlining the intended use of such payments and a proposed organizational chart for the agency once such payments have been completed. Provides for approval of such plan by the OMB Director. Permits such payments only in accordance with the strategic plan. Reduces the total number of funded employee positions in the agency by one position for each vacancy created by the separation of any employee who has received such a payment unless OMB believes that the agency plan demonstrates that the positions would better be used to reallocate occupations or reshape the workforce and produce a more cost-effective result. (Sec. 118) Amends the Federal judicial code to provide that moneys due from or payable by the United States to any state against which a judgment is pending with respect to damages sought for certain terrorist acts shall be subject to attachment and execution to the same extent as if the United States were a private person. Authorizes the President, upon determining that a waiver is necessary in the national security interest, to waive certain requirements for execution or attachment of property with respect to which certain financial transactions are regulated under the Trading with the Enemy Act, the Foreign Assistance Act of 1961, and the International Emergency Economic Powers Act in connection with a judicial order directing attachment or execution against the principal office of a foreign mission to the United States used for diplomatic purposes or any funds held by such mission necessary to satisfy actual office operating expenses. Makes such a waiver inapplicable to: (1) the principal office of a foreign mission used for any nondiplomatic purpose by either the foreign state or the United States or to the proceeds of such a purpose; or (2) the proceeds of a sale or transfer if any asset of the office is sold or transferred for value to a third party. Applies the amendments made by this section to any claim for which a foreign state is not immune from the jurisdiction of the U.S. courts in cases where damages are sought for certain terrorist activity, including claims arising before this Act's enactment date. Title II: Postal Service - Postal Service Appropriations Act, 2000 - Makes appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail. Sets forth authorized uses of, and limitations on, such funds. Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 2000 - Makes appropriations for: (1) compensation of the President and the White House office; (2) operating, maintenance, and reimbursable expenses of the Executive Residence at the White House; (3) White House repair and restoration; (4) special Assistance to the President and the official residence of the Vice President; (5) the Council of Economic Advisers; (6) the Office of Policy Development; (7) the National Security Council; (8) the Office of Administration; (9) OMB; (10) the Office of National Drug Control Policy; (11) the Counterdrug Technology Assessment Center; and (12) Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national anti-drug campaign for youth. Sets forth authorized uses of, and limitations on, such funds. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 2000 - Makes appropriations for the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Federal Election Commission; (3) Federal Labor Relations Authority; and (4) General Services Administration (GSA), including amounts for the Federal Buildings Fund, Government-wide policy and operations, Office of Inspector General, and allowances and office staff for former Presidents. Sets forth authorized uses of, and limitations on, such funds. (Sec. 409) Designates the Federal building located at 220 East Rosser Avenue in Bismarck, North Dakota, as the William L. Guy Federal Building, Post Office and United States Courthouse. Makes appropriations for: (1) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (2) the Merit Systems Protection Board; (3) the National Archives and Records Administration, including amounts for repairs and restoration of archives; (4) the National Historical Publications and Records Commission; (5) the Office of Government Ethics; (6) the Office of Personnel Management, including an amount for the Office of Inspector General; (7) Government contributions for health and life insurance benefits for annuitants; (8) the Civil Service Retirement and Disability Fund; (9) the Office of Special Counsel; and (10) the U.S. Tax Court. Sets forth authorized uses of, and limitations on, such funds. Rescinds a specified amount of funds made available for the National Historical Publications And Records Commission grants program. Establishes a revolving fund in the Treasury to be available for expenses and equipment necessary to provide for storage and related services for all temporary and pre-archival Federal records to be stored or stored at Federal National and Regional Records Centers by Federal agencies. Appropriates funds for the fund's initial capitalization. Credits the fund with user charges received from other Federal Government accounts as payment for providing personnel, storage, materials, supplies, equipment, and services. Requires the National Archives and Records Administration to provide quarterly reports on the fund to specified congressional committees. Title V: General Provisions - Sets forth authorized and prohibited uses of funds made available under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 511) Requires OMB to prepare and submit an inventory of existing Federal grant programs to specified congressional committees. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations. (Sec. 621) Bars the use of funds made available for the Customs Service in this Act to allow the importation of any good produced or manufactured by forced or indentured child labor. (Sec. 628) Requires the OMB Director to report to Congress: (1) estimates of annual costs and benefits of Federal rules and paperwork; (2) impacts of Federal regulation on State, local, and tribal government, small business, wages, and economic growth; and (3) recommendations for reform. Requires the Director to issue guidelines to agencies to standardize measures of costs and benefits and the format of accounting statements. (Sec. 634) Bars the use of funds appropriated by this Act to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Makes exceptions to such prohibition for religious health plans.
Resolution· SCONRESS.Con.Res. 42 (106th)referred
United States · United States Congress · 24 June 1999
Expresses the sense of Congress that: (1) a commemorative postage stamp should be issued by the Postal Service to honor the members of the armed forces who have been awarded the Purple Heart; and (2) the Citizens' Stamp Advisory Committee should recommend to the Postmaster General that such a stamp be issued in 1999, the year marking the 200th anniversary of the death of George Washington.
Law· HRH.R. 2302 (106th)enacted
United States · United States Congress · 22 June 1999
Designates the U.S. Postal Service building located at 307 Main Street in Johnson City, New York, as the James W. McCabe, Sr. Post Office Building.
Law· HRH.R. 2307 (106th)enacted
United States · United States Congress · 22 June 1999
Designates the U.S. Postal Service building located at 5 Cedar Street in Hopkinton, Massachusetts, as the Thomas J. Brown Post Office Building.
Bill· HRH.R. 2293 (106th)referred
United States · United States Congress · 22 June 1999
Budget Enforcement Act of 1999 - Title I: A Single Budget for the United States Government - Amends Federal law to make an automatic continuing resolution effective immediately if any appropriation Act has not become law by the beginning of a fiscal period. Appropriates an amount equal to 95 percent of budget authority for each program regularly provided for under the appropriation bill in the most recent fiscal period. (Sec. 103) Directs Congress to enact, and the President to sign, a binding budget law in the form of a joint resolution by May 15 of the calendar year in which the beginning of a new fiscal period commences. Requires the law to set, for the budget year and five subsequent years: (1) budget authority and outlays for the major functional categories, except for disbursements of the Old Age, Survivors, and Disability (OASDI) Insurance program under title II of the Social Security Act; (2) annual limits for budget authority and outlays for discretionary and mandatory programs, activities, and accounts, excepting social security disbursements and interest; (3) appropriate levels for receipts and surpluses or deficits, excluding those of OASDI; (4) nonsocial security budget totals; (5) separate annual estimates for disbursements, receipts, and surpluses or deficits for social security; and (6) unified budget totals for budget authority and outlays, receipts, and surpluses or deficits. Authorizes Members of the House of Representatives or the Senate to demand a separate vote on whether to change any expenditure limit if the budget changes such a limit. (Sec. 104) Amends the Congressional Budget Act of 1974 to remove exceptions to the requirement that the budget resolution be adopted before budget-related legislation is considered. Provides that consideration in the House or the Senate of any legislation making available budget, entitlement, direct spending, contract, or direct or guaranteed lending authority in the fiscal period concerned in the absence of an enacted joint budget resolution shall only be in order upon a two-thirds vote to waive the requirement that the budget resolution be adopted first. (Sec. 105) Makes it in order to offer an amendment to a bill providing discretionary budget authority or budget outlays that would: (1) only reduce such authority or outlays; and (2) reduce the appropriate caps in the most recently enacted budget resolution for such authority or outlays by an amount less than or equal to the amount of the reduction in the amendment. (Sec. 106) Changes references to the "concurrent resolution on the budget" to the "joint resolution on the budget" in the Congressional Budget Act of 1974, Rules of the House of Representatives, Standing Rules of the Senate, and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 107) Sets forth a timetable for completion of certain budget actions by the President, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO). (Sec. 108) Directs the President to submit a special message with the OMB Analysis of Actual Spending Levels and Projections for the Upcoming Year that includes proposed legislative changes to: (1) offset the outlay excess; or (2) revise the outlay caps contained in this Act. Sets forth congressional procedures for the consideration of legislation to address excess outlays. (Sec. 109) Requires presidential budgets for FY 1999 through 2003 to be consistent with the spending levels established in this Act or to recommend changes to such levels. Makes it out of order in the House or the Senate to consider any concurrent budget resolution unless it is consistent with the levels established in this Act. (Sec. 110) Requires OMB to submit a report containing account numbers and spending levels for specific entitlement categories to the President and Congress. Applies direct spending caps, effective upon submission of such report, to all entitlement authority except for undistributed offsetting receipts and net interest outlays. Sets forth entitlement categories subject to caps. (Sec. 111) Requires determinations of direct spending caps (as well as any breaches of such caps and actions necessary to remedy such breaches) to be based on certain economic assumptions set forth in the joint explanatory statement of managers accompanying the most recently enacted joint resolution on the budget and subject to periodic reestimation based on changed economic conditions or changes in eligible population. (Sec. 112) Provides for automatic adjustments to caps for entitlements and other mandatory spending to reflect changes in specified economic and other conditions. Title II: Enforcement Provisions - Directs OMB to: (1) compile a statement of actual and projected deficits, revenues, and direct spending for a fiscal year, following the end of that year, and for the current fiscal year, identifying such spending by categories of entitlements and other mandatory spending; and (2) in any year in which actual or projected deficits, revenues, or spending in violation of caps by more than one-tenth of one percent of the applicable direct spending for the year concerned occurs, issue a report to the President and Congress, estimating necessary spending reductions. (Sec. 202) Provides for enforcement of the direct spending caps on categories of spending established under title I of this Act. Applies specified enforcement rules and procedures for any fiscal year in which direct spending exceeds the applicable direct spending cap. (Sec. 203) Sets forth: (1) general rules for the triggering of sequestration to reduce spending for programs subject to direct spending caps; (2) special rules for direct spending programs with certain characteristics; and (3) rules for insurance, loan, and State grant programs. Requires a within session sequester under certain conditions. (Sec. 204) Exempts certain budget accounts, activities within accounts, or income from sequestration. (Sec. 205) Sets forth special rules for sequestration orders for: (1) the child support enforcement program under the Social Security Act; (2) the Commodity Credit Corporation; (3) the earned income tax credit; (4) regular and extended unemployment compensation; (5) the Federal Employees Health Benefits Fund; (6) the Federal Housing Finance Board; (7) Federal pay; (8) Medicare; (9) the Postal Service Fund; (10) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (11) programs which provide a businesslike service in exchange for a fee. (Sec. 206) Directs CBO and OMB to report to the President and Congress the budget baselines for the budget year and the next nine fiscal years. Specifies requirements for the budget baseline. (Sec. 207) Requires amounts to be withheld from allocation to the appropriate congressional committees (within the discretionary caps for each fiscal year) and reserved for natural disasters and other emergency purposes. Provides that such amounts shall be at least one percent of total budget authority and outlays available within those caps for the fiscal year concerned. Bars adjustments to the discretionary spending limits set forth under the Gramm-Rudman-Hollings Act unless the amount appropriated for discretionary accounts designated as emergency requirements exceeds the amount reserved under this Act. Sets forth conditions under which reserved amounts shall be made available for allocation to appropriate committees. Amends the Congressional Budget Act of 1974 to make it out of order in the House or the Senate to consider legislation containing an emergency designation if it also provides an appropriation or direct spending for any other item or contains other matter. Permits such legislation to contain rescissions or spending reductions. (Sec. 208) Amends rule X of the Rules of the House of Representatives to require the House Appropriations Committee to report at least once each Congress (currently, from time to time) on recommendations for terminating or modifying provisions of law which provide permanent budget authority. Requires standing committees to review at least once every ten years (currently, from time to time) continuing programs within their jurisdiction for which appropriations are not made annually to ascertain whether such programs should be modified to provide for annual appropriations.
Resolution· HRESH.Res. 213 (106th)referred
United States · United States Congress · 16 June 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a postage stamp honoring the American farm woman.
Bill· SS. 1174 (106th)referred
United States · United States Congress · 27 May 1999
Aviation Investment and Reform Act for the 21st Century - Title I: Airport and Airway Improvements - Subtitle A: Funding - Amends Federal Aviation law to reauthorize through FY 2004: (1) the Airport Improvement Program (AIP); and (2) the Federal Aviation Administration (FAA) Facilities and Equipment Program. Earmarks specified amounts for the voluntary purchase and installation of universal access systems. (Sec. 103) Amends the Federal Aviation Act of 1958 to authorize appropriations for FAA operations through FY 2004. Makes specified allocations, including for: (1) wildlife hazard mitigation measures and management of the wildlife strike database of the FAA; and (2) a university consortium established to provide an air safety and security management certificate program. Sets forth fiscal year limits on amounts appropriated from the Airport and Airway Trust Fund for certain aviation improvement programs. (Sec. 104) Makes specified allocations out of the Trust Fund for the aviation safety accelerated program. Authorizes the Secretary of Transportation through FY 2004 to make grants out of such amounts for eligible projects to: (1) reduce delays and congestion at airports and in the air traffic control system; (2) construct airport improvements or acquire air traffic equipment to enhance competition among air carriers; and (3) enhance air service to small and medium-sized communities. Directs the Secretary to establish innovative methods for processing, reviewing, and approving such projects in order to reduce, to the maximum extent practicable, the time required from an applicant's request for project approval through the completion of the project. (Sec. 105) Makes specified changes to the formula for crediting airport improvement fund amounts to the discretionary fund. Revises the apportionment of airport improvement fund amounts to sponsors of primary (including cargo only) airports and to the States for each fiscal year. Provides minimum apportionments for reliever and nonprimary (but excluding primary) commercial service airports. Authorizes the use of airport improvement funds apportioned to Alaska, Puerto Rico, or Hawaii for any of their public airports. Authorizes the use of State-apportioned airport improvement funds for integrated airport system planning that encompasses one or more primary airports. Authorizes the Secretary of Transportation to permit the use of State highway specifications for airfield pavement construction using airport improvement funds at nonprimary airports serving certain aircraft, provided safety will not be negatively affected and the life of the pavement will not be shorter than it would be if constructed using FAA standards. Increases the apportionment for airport improvement funds for airport noise compatibility programs. Authorizes the use of the supplemental apportionment of airport improvement funds for Alaska for any of its public airports. Repeals a certain limitation on the apportionment of airport improvement funds for commercial service airports in Alaska. (Sec. 106) Provides for an eligible agency to impose a passenger facility fee of more than three dollars (currently, one, two, or three dollars) on each airline passenger of a domestic or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, provided certain conditions are met. (Sec. 107) Directs the FAA Administrator to submit to specified congressional committees a copy of the annual budget estimates of the FAA (including line item justifications) at the same time such budget estimates are submitted to the House and Senate Committees on Appropriations. Subtitle B: Airport Development - Revises U.S. policies regarding aviation programs to encourage the funding and use of integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices. (Sec. 121) Makes eligible for airport development project funds the installation of emergency call boxes, closed circuit weather surveillance equipment, and windshear detection equipment at public airports. (Sec. 123) Directs the FAA Administrator to study and report to Congress on the feasibility of requiring U.S. airports to install enhanced vision technologies to replace or enhance conventional landing light systems over a ten-year period. Makes the installation of such systems at public airports eligible for airport development projects funds. (Sec. 124) Repeals the pavement maintenance pilot program. Makes routine work to preserve and extend the useful life of runways, taxiways, and aprons at nonprimary airports eligible for airport development project funds. (Sec. 125) Prohibits the approval of a passenger facility fee or airport improvement grant for a covered airport (one that has more than .25 percent of the total number of passenger boardings each year at all commercial service airports, and at which one or two air carriers control more than 50 percent of the passenger boardings) unless it submits a competition plan containing certain airport gate and related facility information. (Sec. 126) Declares that the Government's share of costs shall be: (1) not more than 90 percent for airport improvement projects funded under the State block grant program; (2) 100 percent for airport security projects funded with airport improvement funds; and (3) in FY 2000, 100 percent for any airport improvement funded project at a nonprimary airport, or at a primary airport having less than .05 percent of the total number of passenger boardings each year at all commercial service airports. (Sec. 127) Prohibits the Secretary from requiring an eligible agency to impose a passenger facility fee in order to obtain a letter of intent with respect to airport development projects. (Sec. 128) Provides that the lesser of $15 million or 20 percent of small airport grant funds be set-aside for each of the next four fiscal years to assist sponsors of airports (not located in Alaska and which serve aircraft designed for more than nine but less than 31 passenger seats) in meeting the safety terms in airport operating certificates. Requires the Secretary to notify the grant recipient that the source of the grant is from the small airport fund. Revises the amount of certain funds apportioned to the small airport fund. Authorizes the Secretary to distribute specified percentages of funds from the small airport fund for grants for projects at small hub airports, public-use airports, and certain commercial service airports. Requires the Secretary to give priority consideration to airport development projects to support operations by turbine powered aircraft (if the non-Federal share of project costs is at least 40 percent) when making small airport fund grants to sponsors of public-use airports. (Sec. 129) Authorizes the Secretary to use certain unobligated funds to make discretionary grants for airport planning and development programs. (Sec. 130) Increases from 12 to 20 the number of current or former military airports at any time that may receive airport improvement funds. Increases the amount of discretionary funds that are available to designated sponsors of current or former military airports to construct, improve, or repair airport terminal building facilities and airport surface parking lots, fuel farms, utilities, hangers, and air cargo terminals (50,000 square feet or less). (Sec. 131) Directs the Secretary to establish a pilot program to contract for air traffic control services at Level I air traffic control towers that do not qualify for the Contract Tower Program. Sets forth specified program requirements. Authorizes appropriations. (Sec. 132) Authorizes the Secretary to approve not more than 25 projects in which airport improvement grant funds may be used for innovative financing techniques for development projects at airports that each have less than .25 percent of the total number of passenger boardings each year at all commercial service airports. (Sec. 133) Directs the Secretary, in order to improve security at public U.S. airports, to carry out not less than one project to test and evaluate innovative airport security systems and related technology. Authorizes appropriations. (Sec. 134) Directs the Secretary to carry out an inherently low-emission airport vehicle pilot program which makes grants to the sponsors of not more than ten public-use airports eligible for airport development assistance. Makes a public-use airport eligible for such assistance if it is located in an air quality nonattainment area. Directs the Secretary, in selecting an applicant sponsor for a grant, to give priority consideration to applicants that achieve the greatest air quality benefits measured by the amount of emission reduced per dollar of grant funds. (Sec. 135) Revises the amount of certain funds apportioned to the discretionary fund. Declares that an airport development project shall remain eligible for funding from the discretionary fund (subject to the availability of funds) even though the airport's status changes from a primary to a nonprimary airport. Permits certain regulations to authorize a public agency to request waiver of a passenger facility fee for: (1) any class of domestic or foreign air carrier that enplanes not more than one percent of the total number of passengers enplaned annually at an airport; or (2) passengers enplaned on a flight to an airport with scheduled passenger service but fewer than 2,5000 passenger boardings each year, and in a community with a population of less than 10,000 and not connected by land to the National Highway System. (Sec. 136) Requires the Secretary to publish notice in the Federal Register and provide an opportunity for comment before any modification can be made with respect to airport development project grant assurances made by an airport owner or operator (before December 29, 1987) with respect to the disposal of surplus property for the airport. Declares that the Secretary may only release an option of the United States for a reversionary interest in property conveyed to a public agency sponsoring an airport development project after providing notice and an opportunity for public comment. Requires any Federal, executive branch department, agency, or instrumentality to grant priority to a request by a public agency (except another Federal executive branch department, agency, or instrumentality) for surplus property for use at a public airport. Authorizes the Secretary to waive, without charge, a term of a gift of an interest in such property after providing notice and an opportunity for public comment and other conditions are met. Subtitle C: Miscellaneous - Treats as an eligible airport-related project with respect to which an eligible agency may impose a passenger facility fee the construction of a terminal building (and adjacent aircraft fueling facilities), including structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, and building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), but excluding the construction necessary for improvement or final completion of revenue-producing areas and nonpublic use areas within such terminal buildings unless otherwise permitted, if an air carrier not yet serving the airport or accounting for less than 40 percent of passenger boardings at the airport: (1) will initiate or increase scheduled air transportation passenger service at the airport; and (2) will occupy such terminal facilities or equivalent terminal facilities otherwise made available as a result of such terminal construction not more than two years from the date that construction of such terminal facilities is completes. Treats also as such a project for which an eligible agency may impose a passenger facility fee the costs of terminal development at an airport that did not have more than .25 percent of the total U.S. annual passenger boardings and at which total passenger boardings declined by at least 16 percent between 1989 and 1997. (Sec. 152) Makes available to repay money borrowed to pay such development costs any airport planning and development and noise compatibility planning grant funds apportioned to sponsors of an air carrier airport at which terminal development was carried out between June 30, 1970, and July 12, 1976, or, in the case of a commercial service airport which annually had less than .25 percent (currently, .05 percent) of the total enplanements in the United States, between August 1, 1986, and September 30, 1990, or between June 1, 1991, and October 31, 1992. Makes such grants available for repayment if, among other things, the Secretary decides that using the amount to repay the borrowed money will not defer any needed airport development project affecting safety, security, or capacity. Authorizes the Secretary to approve the use of such funds for the repayment of borrowed money for terminal development costs at commercial service airports (nonhub airports) which annually have less than .25 percent (currently, .05 percent) of the total enplanements in the United States. Requires the Secretary to determine whether or not a public airport has at least 2,500 passenger boardings, on the basis of the number of passenger boardings at a public airport in the calendar year that includes the first day of such fiscal year or the preceding calendar year, when determining whether discretionary funds may be distributed to such commercial service airport. (Sec. 153) Extends the instrument landing system (ILS) program through FY 2004. Directs the Secretary to maintain and upgrade Loran-C navigation facilities throughout the transition period to satellite-based navigation. (Sec. 154) Makes charter air transportation a scheduled passenger operation subject to mandatory issuance of an airport operating license if the airport is not in Alaska and serves aircraft designed for between nine and 31 passenger seats. Directs the FAA Administrator to permit such an airport to preclude scheduled passenger operations (including public chartered operations), however, if it notifies the Administrator that it does not intend to obtain a certificate. (Sec. 155) Authorizes the Secretary to obligate airport improvement funds and amounts from the Trust Fund for any project to construct a new runway at an international airport. (Sec. 156) Directs the FAA Administrator to study and report to Congress on the long term physical performance, safety implications, and environmental benefits of using recycled materials (including recycled pavements, waste materials, and byproducts) in aviation pavement. Authorizes appropriations. Title II: Airline Service Improvements - Subtitle A: Service to Airports Not Receiving Sufficient Service - Repeals requirements under the Code of Federal Regulations prohibiting the increase or decrease by the Administrator in the number of takeoffs and landings (the High Density Rule) at airports (except Ronald Reagan Washington National Airport). (Sec. 201) Authorizes the Secretary to grant exemptions from the High Density Rule to air carriers that provide nonstop air transportation using jet aircraft that comply with stage 3 noise levels and whose flights begin or end within 1,250 miles (perimeter rule) between Ronald Reagan Washington National Airport and an airport that has had less than two million enplanements, or between Ronald Reagan Washington National Airport and an airport that does not have nonstop transportation. Requires the Secretary to treat all commuter air carriers that have cooperative agreements (including code share agreements with other air carriers) equally for determining eligibility for exemptions regardless of the form of the corporate relationship between the commuter air carrier and the other air carrier. (Sec. 202) Increases the authorization of appropriations for the essential air service program for each fiscal year. Earmarks specified funds for: (1) the small community air service program; (2) air carriers to subsidize service to and from an underserved airport (not to exceed three years); (3) underserved airports to obtain jet aircraft service to and from them; (4) implementation of such other measures as the Secretary considers appropriate to improve air service both in terms of costs and availability of such service to consumers; and (5) rural air safety at airports with less than 100,000 annual boardings. Authorizes appropriations. Requires the FAA Administrator to give priority in funding to airports in which the community will provide from local sources a portion of project costs. (Sec. 203) Waives the State or local contribution requirement with respect to the compensation of an air carrier providing air service to certain noneligible places. (Sec. 204) Directs the Secretary, in carrying out aviation policy, to consider as being in the public interest and consistent with public convenience and necessity ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service. (Sec. 205) Prohibits the Secretary from denying airport improvement assistance to small community air service airports solely on the basis that such an airport is located within 70 highway miles of a hub airport if the most commonly used highway route between the airport and the hub airport exceeds 70 miles. Subtitle B: Regional Air Service Incentive Program - Authorizes the Secretary to provide through one or more lenders guaranteed loans (including the extension of credit) to commuter air carriers (maximum seating capacity of 75 or less) for the purchase of regional jet aircraft which are to be used to provide service to underserved markets. Outlines loan conditions and limitations, including that: (1) the maximum amount guaranteed on a loan or extended on credit shall be no more than 50 percent, or $100 million; (2) such aircraft comply with certain Federal noise-level requirements; and (3) the air carrier agrees that the purchased aircraft be used to provide service to an underserved market. Authorizes the Secretary to make use of Federal facilities and assistance in carrying out the incentive program. Authorizes appropriations. (Sec. 211) Terminates the Secretary's program authority five years after enactment of this Act. Title III: FAA Management Reform - Establishes the Air Traffic Control Oversight Board within the Department of Transportation. Sets forth the Board's responsibilities, including to oversee the FAA in its administration, management, conduct, direction, and supervision of the air traffic control system. (Sec. 303) Provides for the appointment, by the FAA Administrator, and with the approval of the Board, of a Chief Operating Officer for the air traffic control system. (Sec. 304) Provides that the Secretary (instead of, as currently, the President, with the consent of the Senate) shall make subsequent appointments of Federal Aviation Management Advisory Council members. (Sec. 305) Directs the Secretary to develop and implement a coordinated environmental review process for aviation infrastructure projects that require the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (or any other environmental review or approval by operation of law). Sets forth the elements of such review process. (Sec. 306) Prohibits the FAA Administrator from issuing a proposed or final regulation that is likely to result in the expenditure by State, local, and tribal governments, or by the private sector, of $250 million (currently, $100 million) or more in aggregate (adjusted annually for inflation), or any regulation which is significant, unless the Secretary approves the issuance of the regulation in advance. (Sec. 307) Directs the Inspector General to conduct an assessment of whether the overall method of calculating FAA costs and attributing such costs to the user is reasonable. Authorizes appropriations. Title IV: Family Assistance - Amends Federal transportation law to revise provisions prohibiting unsolicited communications concerning potential action for personal injury or wrongful death by an attorney to an individual injured in an accident involving a domestic air carrier before the 45th day (currently, 30th day) following the accident to provide that such prohibition include accidents involving a foreign air carrier in the United States. Authorizes the National Transportation Safety Board (NTSB) to bring a civil action in a district court for violations of this title. (Sec. 401) Prohibits a State or political subdivision from preventing nonprofit organization employees with experience in disasters and post-trauma communication with families from providing mental health and counseling services within the 30 day period after an accident. Includes within the definition of "passenger" for purposes of the provision of assistance to families of passengers involved in aircraft accidents: (1) foreign air carrier employees aboard the aircraft; and (2) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight. (Sec. 402) Revises air carrier plans that provide assistance to the families of passengers involved in aircraft accidents to require them to include, at a minimum, an assurance that: (1) upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a preliminary passenger manifest for the flight involved in the accident; and (2) the air carrier will provide adequate training to air carrier employees and agents to meet the needs of survivors and family members following an accident. Prohibits the Secretary from approving an air carrier's application for a certificate of public convenience and necessity unless the applicant has included, among other things, an agreement that in the event that the air carrier volunteers assistance to U.S. citizens within the United States in the case of an aircraft accident outside of the United States involving major loss of life, the carrier will consult with the NTSB and the Department of State on the provision of such assistance. Declares that an air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of its performance in providing information concerning a flight reservation (except in cases of gross negligence or intentional misconduct). (Sec. 403) Makes similar changes to foreign air carrier plans. Title V: Safety - Directs the FAA Administrator to require by regulation that collision avoidance equipment (TCAS-II) be installed on each cargo aircraft with a payload capacity in excess of 15,000 kilograms. (Sec. 502) Declares that an air carrier does not need to obtain the employment records of an applicant pilot who has been employed by a branch of the U.S. armed forces, the National Guard, or reserve before allowing such individual to begin service as a pilot. Provides for electronic access to the employment records of FAA air pilots. (Sec. 503) Provides for the enforcement of whistleblower laws for FAA employees. (Sec. 504) Directs the FAA Administrator to issue guidelines and encourage the development of air safety risk management programs throughout the aviation industry, including self-audits and self-disclosure programs. (Sec. 505) Directs the FAA Administrator to issue a notice of proposed rulemaking: (1) to develop procedures to protect air carriers and their employees from civil enforcement actions under the Flight Operations Quality Assurance program; and (2) on implementing a certain section of title 49 (Federal aviation law) relating to the issuance of airport operating certificates for small scheduled passenger air carrier operations. (Sec. 507) Directs the FAA Administrator to conduct a rulemaking proceeding to require the safe disposition of life-limited parts removed from an aircraft. Sets forth civil penalties for violations of such requirements. (Sec. 508) Subjects to a civil penalty of up to $25,000 any individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft. (Sec. 509) Directs the FAA Administrator to report to specified congressional committees on FAA progress in implementing the air transportation oversight system. (Sec. 510) Makes applicable to other specified types of aircraft (currently exempted from them), including turbojet-powered aircraft, certain requirements that commercial aircraft be outfitted with an emergency locator transmitter. (Continues to exempt from such requirements aircraft used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary, training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin, flight operations related to design and testing, the manufacture, preparation, and delivery of aircraft, research and development, showing compliance with regulations, exhibition, air racing, or the aerial application of a substance on agricultural crops.) Title VI: Whistleblower Protection - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. (Sec. 601) Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to air safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to air safety. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Provides for award of attorney's fees of up to $5,000 to a prevailing employer for any such complaint found frivolous or brought in bad faith. Specifies civil penalties for violation of this Act. Title VII: Miscellaneous Provisions - Amends Federal aviation safety law to declare that aircraft owned by the Government, State, or local government qualifies as a public aircraft except when used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember. (Sec. 703) Provides that a proposal under a competitive bid process that is in the possession of the FAA Administrator may not be made available to the public under the Freedom of Information Act , with a specified exception. (Sec. 704) Authorizes the FAA Administrator to make a multiyear contract of not more than ten years (currently, such contracts for the procurement of goods and services are limited to no more than five years) for telecommunication services that are provided through the use of a satellite if the FAA Administrator finds that the longer contract period would be cost beneficial. (Sec. 705) Provides that a proposed change to the FAA personnel management system that has not led to an agreement between the FAA employee bargaining unit and the Federal Mediation and Conciliation Service shall not become effective until 60 days after the FAA Administrator has submitted the change to Congress. Provides that such period shall not include any period during which Congress has adjourned sine die. Authorizes FAA employees who have been the subject of a major adverse personnel action to contest such action either through any contractual grievance procedure through the employee's collective bargaining unit or through the FAA's internal process relating to review of FAA major adverse personnel actions known as Guaranteed Fair Treatment or a specified section of the Department of Transportation and Related Agencies Appropriations Act, 1996. Requires such employees who can contest such personnel action through more than one forum to elect the appropriate forum (no more than one). Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to authorize FAA employees under the new FAA personnel management system to appeal to the Merit Systems Protection Board and seek judicial review of Board decisions. (Sec. 706) Amends Federal transportation law to prohibit domestic (including interstate) air carriers and foreign air carriers from discriminating against an air passenger on the basis of race, color, national origin, religion, or sex. Prohibits foreign air carriers from discriminating against handicapped individuals. Provides a civil penalty for discrimination against handicapped individuals. Directs the Secretary to work with appropriate international organizations and the aviation authorities of other nations to establish higher standards, if appropriate, to accommodate handicapped air passengers, particularly with respect to foreign air carriers that code share with domestic air carriers. (Sec. 707) Defines major air carrier joint venture agreements as agreements with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by such carriers. (Sec. 708) Extends, through December 31, 2004, the aviation war risk insurance program. (Sec. 709) Authorizes the FAA Administrator to make improvements to real property leased for an air navigation facility, regardless of whether the cost of making such improvements exceeds the cost of leasing such property, provided certain requirements are met. (Sec. 710) Authorizes the FAA Administrator to enter into bilateral agreements with the aeronautical authorities of another country to exchange with that country all or part of their respective safety oversight functions and duties with respect to certain domestic and foreign aircraft. (Sec. 711) Provides for the availability of airman certificate records to the public. (Sec. 712) Authorizes a person to file with the NTSB a petition for a ten-day emergency stay of orders revoking an airman's certificate. (Sec. 715) Directs the FAA Administrator to establish new fees for, among other things, FAA services to any entity obtaining such services outside the United States (except no fee shall be imposed for production-certification related service performed outside the United States). (Sec. 717) Amends the Airport Noise and Capacity Act of 1990 to make foreign air carriers eligible for a waiver from stage 3 noise level requirements for certain aircraft. Authorizes the Secretary to provide a procedure under which a person may operate a stage 1 or stage 2 aircraft in nonrevenue service to or from a U.S. airport in order to: (1) sell the aircraft outside the United States; (2) sell the aircraft for scrapping; or (3) obtain modifications to the aircraft to meet stage 3 noise levels. (Sec. 718) Extends the Secretary's authority to approve an application of the Metropolitan Washington Airports Authority: (1) for airport development project grants; or (2) to impose a passenger facility fee. (Sec. 720) Amends the Centennial of Flight Commemoration Act to make it a nonprimary duty of the Centennial of Flight Commission to publish popular and scholarly works related to the history of aviation or the anniversary of the centennial of powered flight. Requires the Commission to adopt a policy to protect against possible conflicts of interest involving its members and employees. Requires Commission duties related to the designing, use, and licensing of logos, emblems, seals, and marks to be carried out by the Administrator of the National Aeronautics and Space Administration (NASA). (Sec. 721) Repeals mail rate-setting authority of the U.S. Postal Service with respect the transportation of mail by aircraft in foreign air transportation. (Sec. 722) Declares that a memorandum of agreement between the FAA Administrator and any person that directly obtains aircraft situational display data shall require that such person: (1) demonstrate the capability of selectively blocking the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and (2) agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon FAA request. (Sec. 723) Authorizes the Secretary to hire additional personnel to eliminate the backlog of pending equal employment opportunity complaints to the Department of Transportation (DOT) and to ensure that investigations of complaints are completed no later than 180 days after the initiation of the investigation. Authorizes appropriations. (Sec. 724) Directs the Secretary, subject to specified conditions, to waive any term contained in the deed of conveyance with respect to airport property that is no longer required for purposes of the Newport News-Williamsburg International Airport. (Sec. 725) Authorizes the City of Los Angeles Department of Airports to grant an easement to the California Department of Transportation to lands required to provide a right-of-way for the construction of the California State Route 138 bypass. (Sec. 726) Declares that flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations. Directs the FAA Administrator to conduct a rulemaking proceeding to modify the general operating and flight rules by establishing special rules requiring Alaska guide pilots to: (1) operate aircraft inspected no less often than after 125 hours of flight time; (2) participate in an annual flight review; (3) have at least 500 hours of flight time as a pilot; (4) have a commercial rating; (5) hold at least a second-class medical certificate; and (6) hold a letter of authorization certifying that the pilot is in compliance with the rules issued by the Administrator. (Sec. 727) Directs the FAA Administrator to establish a pilot program to test and evaluate the benefits of long-term capital leasing contracts of aviation equipment and facilities. (Sec. 728) Directs the Secretary to: (1) establish an Aircraft Repair and Maintenance Advisory Panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities located within, or outside of, the United States; and (2) seek the advice of the panel on methods to increase safety by improving the oversight of aircraft repair facilities. Directs the Secretary to require, by regulation, domestic and foreign air carriers and repair facilities to submit certain information (including the existence of employee drug and alcohol testing programs at foreign repair facilities) in order to assess balance of trade and safety issues with respect to work performed on aircraft used by domestic and foreign carriers and corporate operators. Requires the Secretary to make such information available to the public. (Sec. 729) Directs the FAA Administrator to study and report to Congress on air taxi operators covered by specified regulations. (Sec. 730) Declares the sense of Congress that, as soon as is practicable, the Administrator should complete and begin implementation of the comprehensive national airspace redesign the Administrator is conducting. (Sec. 732) Directs the Secretary to continue to work to develop a new standard for aircraft and aircraft engines that will lead to a further reduction in aircraft noise levels. (Sec. 733) Encourages the Administrator to consider any proposal with a regional consensus submitted by a State aviation authority regarding the expansion of existing airport facilities or the introduction of new airport facilities. Title VIII: National Parks Air Tour Management - National Parks Air Tour Management Act of 1999 - Prohibits a commercial air tour operator from conducting commercial air tour operations over a national park or tribal lands, except in accordance with this Act, conditions prescribed for that operator by the FAA Administrator, and any commercial air tour management plan for the park or tribal lands. (Sec. 803) Sets forth specified requirements with respect to: (1) the granting of authority to commercial air tour operators to conduct air tour operations over national parks or tribal lands, with specified exceptions; and (2) establishment of commercial air tour management plans. Exempts from the requirements of this Act: (1) the Grand Canyon National Park, or any Indian country within or abutting such park; and (2) any land or waters located in Alaska. (Sec. 804) Directs the FAA Administrator and the Director of the National Park Service (Director) to establish, jointly, an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours over and near national parks. (Sec. 805) Directs the FAA Administrator to report to Congress on the effects proposed overflight fees are likely to have on the commercial air tour industry. Directs the FAA Administrator and the Director to report jointly to Congress on the effectiveness of this Act in providing incentives for the development and use of quiet aircraft technology. Title IX: Truth in Budgeting - Truth in Budgeting Act - Prohibits the receipts and disbursements of the Airport and Airway Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such receipts and disbursements from any general budget limitation imposed by statute on Federal expenditures and net lending (budget outlays). (Sec. 903) Amends Federal aviation law to require the Secretary to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts to be credited to the Fund during the fiscal year. Title X: Aviation Spending Guarantee - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish discretionary spending categories in budget authority and outlays for the traditional aviation general fund (FAA operation account 69-1301-0-1-402) for FY 2000 through 2004. Provides for the reduction in discretionary spending limits for budget authority and outlays for FY 2000 through 2004. (Sec. 1002) Prohibits the Director of the Office of Management and Budget from making any estimates of changes in direct spending outlays and receipts for any fiscal year resulting from this title. (Sec. 1003) Sets forth FAA guaranteed spending levels for budget resources for FY 2000 through 2004 (including adjustments to align with revenues). Authorizes appropriations for the AIP program. Sets forth estimated aviation income levels for FY 2000 through 2004.
Resolution· HCONRESH.Con.Res. 119 (106th)referred
United States · United States Congress · 26 May 1999
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp in honor of the U.S.S. New Jersey and all those who served aboard her.
Resolution· HCONRESH.Con.Res. 120 (106th)referred
United States · United States Congress · 26 May 1999
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.