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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Banking Privacy Act of 1999''.

SEC. 2. PERSONAL INFORMATION SHARING.

(a) Depository Institutions and Subsidiaries of Depository
Institutions.--Section 18 of the Federal Deposit Insurance Act (12
U.S.C. 1828) is amended by adding at the end the following new
subsection:
''(t) Personal Information Sharing Requirements.--
''(1) Information sharing prohibited if customer opts
out.--Notwithstanding any other provision of law and except as
permitted under paragraph (5), an insured depository
institution and a subsidiary of a depository institution may
not disclose or transfer customer information relating to any
customer to any other person, including an affiliate of the
depository institution, unless--
''(A) the customer to whom such information relates
has been provided with notice in accordance with
paragraph (2); and
''(B) the customer has not provided a written
directive (including a transmission by e-mail,
facsimile, or other form of electronic communication)
to the insured depository institution or subsidiary, at
any time before the close of business on the 6th
business day before such disclosure or transfer, that
such information shall not be disclosed or transferred,
except when specifically authorized by the customer in
connection with and pertaining to a specific
transaction with the depository institution or
subsidiary.
''(2) Notice.--
''(A) In general.--The notice referred to in
paragraph (1)(A) shall fully and fairly disclose, in
accordance with regulations which the Federal banking
agencies shall jointly prescribe, what information is
being disclosed or transferred, the policy of the
insured depository institution or subsidiary of an
insured depository institution with regard to
information sharing, and the right of the customer to
prohibit the disclosure or transfer of such
information.
''(B) Form of notice.--
''(i) In general.--The regulations
prescribed pursuant to subparagraph (A) shall
require that the notice required under such
subparagraph--
''(I) be prominently displayed on a
document which is separate from any
other document;
''(II) have the term 'Privacy
Notice' in prominent typeface at the
top of the notice.
''(ii) Notice requirements.--
''(I) Mailing.--If the notice
required under subparagraph (A) is
mailed to the customer, the notice
shall be mailed separately from any
other statement, document, or notice
mailed to the customer.
''(II) In person.--If the notice
required under subparagraph (A) is
disclosed to the customer in person by
an officer, director, or agent of the
depository institution or subsidiary
thereof, the officer, employee, or
agent shall obtain the written
acknowledgement of the customer of the
receipt of such notice separately from
any other signature or written
acknowledgment of the customer.
''(3) Customer information defined.--For purposes of this
subsection, the term 'customer information' means any
information acquired from a customer of the insured depository
institution that is personally identifiable to the customer,
including information relating to transactions, balances,
maturity dates, payouts, and payout dates, and transaction or
experience information.
''(4) Reasonable opportunity to respond to notice.--In
order to provide any customer of an insured depository
institution or any subsidiary of an insured depository
institution with reasonable opportunity to respond to any
notice referred to in paragraph (1)(A), the prohibition
contained in paragraph (1) on the disclosure or transfer of any
customer information relating to such customer to any other
person, including an affiliate, shall continue during the 30-
day period beginning on the date the notice referred to in such
paragraph was sent or delivered to such customer, unless the
customer has authorized such disclosure or transfer.
''(5) Exceptions.--Paragraph (1) shall not apply to the
disclosure or transfer of customer information--
''(A) in connection with processing a specific
financial transaction that the customer to whom the
information relates has authorized, if--
''(i) the customer has been informed that
any such transaction will necessarily involve
the disclosure or transfer of such information;
and
''(ii) the person to whom such information
is transferred or disclosed is subject to a
legal or contractual obligation not to use such
information for any purpose other than in
connection with facilitating the transaction;
''(B) in connection with any routine financial
transaction which does not involve marketing of
services or the sale of customer information, if the
person to whom such information is transferred or
disclosed is subject to a legal or contractual
obligation not to use such information for any purpose
other than in connection with effectuating the
transaction;
''(C) in connection with clearing checks,
processing credit transactions or electronic fund
transfers, or providing mailing services, if the person
to whom such information is transferred or disclosed is
subject to a legal or contractual obligation not to use
such information for any purpose other than in
connection with clearing or processing the transaction
or providing the service;
''(D) to a governmental, regulatory, or self-
regulatory authority having jurisdiction over the
insured depository institution for examination,
compliance, or other authorized purposes;
''(E) to a court of competent jurisdiction;
''(F) to a consumer reporting agency, as defined in
section 603(f) of the Fair Credit Reporting Act, for
use solely in accordance with such Act;
''(G) in the case of a default by the customer on
an obligation to the depository institution or
subsidiary, to a debt collector, as defined in section
803(6) of the Fair Debt Collection Practices Act,
counsel, or other entity involved in debt collection,
for use solely in accordance with such Act;
''(H) in the case of any claim or litigation
between the customer and a depository institution or
subsidiary, to a counsel or other person involved in
the resolution of the dispute;
''(I) that is not personally identifiable to the
customer or is public information; or
''(J) that is necessary to prevent or investigate
fraudulent or unlawful acts which the depository
institution or subsidiary has a good faith belief may
occur or may have occurred.''.
(b) Bank Holding Companies and Affiliates of Bank Holding
Companies.--Section 5 of the Bank Holding Company Act of 1956 (12
U.S.C. 1844) is amended by adding at the end the following new
subsection:
''(g) Personal Information Sharing Requirements.--
''(1) Information sharing prohibited if customer opts
out.--Notwithstanding any other provision of law and except as
permitted under paragraph (5), a bank holding company and an
affiliate of a bank holding company (other than a depository
institution subsidiary or subsidiary of such depository
institution) may not disclose or transfer customer information
relating to any customer to any other person, including another
affiliate of the bank holding company, unless--
''(A) the customer to whom such information relates
has been provided with notice in accordance with
paragraph (2); and
''(B) the customer has not provided a written
directive (including a transmission by e-mail,
facsimile, or other form of electronic communication)
to the bank holding company or affiliate, at any time
before the close of business on the 6th business day
before such disclosure or transfer, that such
information shall not be disclosed or transferred,
except when specifically authorized by the customer in
connection with and pertaining to a specific
transaction with the bank holding company or affiliate.
''(2) Notice.--
''(A) In general.--The notice referred to in
paragraph (1)(A) shall fully and fairly disclose, in
accordance with regulations which the Board shall
prescribe, what information is being disclosed or
transferred, the policy of the bank holding company or
affiliate of a bank holding company with regard to
information sharing, and the right of the customer to
prohibit the disclosure or transfer of such
information.
''(B) Form of notice.--
''(i) In general.--The regulations
prescribed pursuant to subparagraph (A) shall
require that the notice required under such
subparagraph--
''(I) be prominently displayed on a
document which is separate from any
other document:
''(II) have the term 'Privacy
Notice' in prominent typeface at the
top of the notice.
''(ii) Notice requirements.--
''(I) Mailing.--If the notice
required under subparagraph (A) is
mailed to the customer, the notice
shall be mailed separately from any
other statement, document, or notice
mailed to the customer.
''(II) In person.--If the notice
required under subparagraph (A) is
disclosed to the customer in person by
an officer, director, or agent of the
bank holding company or affiliate
thereof, the officer, employee, or
agent shall obtain the written
acknowledgement of the customer of the
receipt of such notice separately from
any other signature or written
acknowledgment of the customer.
''(3) Customer information defined.--For purposes of this
subsection, the term 'customer information' means any
information acquired from a customer of the bank holding
company or affiliate that is personally identifiable to the
customer, including information relating to transactions,
balances, maturity dates, payouts, and payout dates, and
transaction or experience information.
''(4) Reasonable opportunity to respond to notice.--In
order to provide any customer of a bank holding company or any
affiliate of a bank holding company with reasonable opportunity
to respond to any notice referred to in paragraph (1)(A), the
prohibition contained in paragraph (1) on the disclosure or
transfer of any customer information relating to such customer
to any other person, including another affiliate, shall
continue during the 30-day period beginning on the date the
notice referred to in such paragraph was sent or delivered to
such customer, unless the customer has authorized such
disclosure or transfer.
''(5) Exceptions.--Paragraph (1) shall not apply to the
disclosure or transfer of customer information--
''(A) in connection with processing a specific
financial transaction that the customer to whom the
information relates has authorized, if--
''(i) the customer has been informed that
any such transaction will necessarily involve
the disclosure or transfer of such information;
and
''(ii) the person to whom such information
is transferred or disclosed is subject to a
legal or contractual obligation not to use such
information for any purpose other than in
connection with facilitating the transaction;
''(B) in connection with any routine financial
transaction which does not involve marketing of
services or the sale of customer information, if the
person to whom such information is transferred or
disclosed is subject to a legal or contractual
obligation not to use such information for any purpose
other than in connection with effectuating the
transaction;
''(C) in connection with clearing checks,
processing financial transactions or electronic fund
transfers, or providing mailing services, if the person
to whom such information is transferred or disclosed is
subject to a legal or contractual obligation not to use
such information for any purpose other than in
connection with clearing or processing the transaction
or providing the service;
''(D) to a governmental, regulatory, or self-
regulatory authority having jurisdiction over the
insured depository institution for examination,
compliance, or other authorized purposes;
''(E) to a court of competent jurisdiction;
''(F) to a consumer reporting agency, as defined in
section 603(f) of the Fair Credit Reporting Act, for
use solely in accordance with such Act;
''(G) in the case of a default by the customer on
an obligation to the bank holding company or affiliate,
to a debt collector, as defined in section 803(6) of
the Fair Debt Collection Practices Act, counsel, or
other entity involved in debt collection, for use
solely in accordance with such Act;
''(H) in the case of any claim or litigation
between the customer and a depository institution or
subsidiary, to counsel or any other person involved in
the resolution of the dispute;
''(I) that is not personally identifiable to the
customer or is public information; or
''(J) that is necessary to prevent or investigate
fraudulent or unlawful acts which the bank holding
company or affiliate has a good faith belief may occur
or may have occurred.''.

A: Banking Privacy Act of 1999 - Amends the Federal Deposit Insurance Act and the Bank Holding Company Act of 1956 to mandate customer notice and written consent as a prerequisite to personal information sharing between institutions under their purview (an insured depository institution or bank holding company, respectively) and other persons or affiliates.
Delineates notice and consent procedures.
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Q: SECTION 1. JUDICIAL STRUCTURE OF GUAM.

(a) Judicial Authority; Courts.--Section 22(a) of the Organic Act
of Guam (48 U.S.C. 1424(a)) is amended to read as follows:
''(a)(1) The judicial authority of Guam shall be vested in a court
established by Congress designated as the 'District Court of Guam', and
a judicial branch of Guam which branch shall constitute a unified
judicial system and include an appellate court designated as the
'Supreme Court of Guam', a trial court designated as the 'Superior
Court of Guam', and such other lower local courts as may have been or
shall hereafter be established by the laws of Guam.
''(2) The Supreme Court of Guam may, by rules of such court, create
divisions of the Superior Court of Guam and other local courts of Guam.
''(3) The courts of record for Guam shall be the District Court of
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the
Traffic and Small Claims divisions of the Superior Court of Guam) and
any other local courts or divisions of local courts that the Supreme
Court of Guam shall designate.''.
(b) Jurisdiction and Powers of Local Courts.--Section 22A of the
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
''Sec. 22A. (a) The Supreme Court of Guam shall be the highest
court of the judicial branch of Guam (excluding the District Court of
Guam) and shall--
''(1) have original jurisdiction over proceedings necessary
to protect its appellate jurisdiction and supervisory authority
and such other original jurisdiction as the laws of Guam may
provide;
''(2) have jurisdiction to hear appeals over any cause in
Guam decided by the Superior Court of Guam or other courts
established under the laws of Guam;
''(3) have jurisdiction to issue all orders and writs in
aid of its appellate, supervisory, and original jurisdiction,
including those orders necessary for the supervision of the
judicial branch of Guam;
''(4) have supervisory jurisdiction over the Superior Court
of Guam and all other courts of the judicial branch of Guam;
''(5) hear and determine appeals by a panel of three of the
justices of the Supreme Court of Guam and a concurrence of two
such justices shall be necessary to a decision of the Supreme
Court of Guam on the merits of an appeal;
''(6) make and promulgate rules governing the
administration of the judiciary and the practice and procedure
in the courts of the judicial branch of Guam, including
procedures for the determination of an appeal en banc; and
''(7) govern attorney and judicial ethics and the practice
of law in Guam, including admission to practice law and the
conduct and discipline of persons admitted to practice law.
''(b) The Chief Justice of the Supreme Court of Guam--
''(1) shall preside over the Supreme Court unless
disqualified or unable to act;
''(2) shall be the administrative head of, and have general
supervisory power over, all departments, divisions, and other
instrumentalities of the judicial branch of Guam; and
''(3) may issue such administrative orders on behalf of the
Supreme Court of Guam as necessary for the efficient
administration of the judicial branch of Guam.
''(c) The Chief Justice of the Supreme Court of Guam, or a justice
sitting in place of such Chief Justice, may make any appropriate order
with respect to--
''(1) an appeal prior to the hearing and determination of
that appeal on the merits; or
''(2) dismissal of an appeal for lack of jurisdiction or
failure to take or prosecute the appeal in accordance with
applicable laws or rules of procedure.
''(d) Except as granted to the Supreme Court of Guam or otherwise
provided by this Act or any other Act of Congress, the Superior Court
of Guam and all other local courts established by the laws of Guam
shall have such original and appellate jurisdiction over all causes in
Guam as the laws of Guam provide, except that such jurisdiction shall
be subject to the exclusive or concurrent jurisdiction conferred on the
District Court of Guam under section 22 of this Act.
''(e) The qualifications and duties of the justices and judges of
the Supreme Court of Guam, the Superior Court of Guam, and all other
local courts established by the laws of Guam shall be governed by the
laws of Guam and the rules of such courts.''.
(c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ''which is known as
the Supreme Court of Guam,'' after ''appellate court authorized by
section 22A(a) of this Act,''.
(2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d))
is amended--
(A) by inserting '', which is known as the Supreme Court of
Guam,'' after ''appellate court provided for in section 22A(a)
of this Act''; and
(B) by striking ''taken to the appellate court'' and
inserting ''taken to such appellate court''.

SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is
amended by striking '': Provided, That'' and all that follows through
the end and inserting a period.

A: Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam.

Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States).
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Employees Leave Sharing Act
of 1993''.

SEC. 2. EXTENSION OF PROGRAMS.

Section 2(d)(1) of the Federal Employees Leave Sharing Act of 1988
(5 U.S.C. 6331 note) is amended by striking ''5 years'' each place it
appears and inserting ''10 years''.

SEC. 3. AUTHORITY TO TRANSFER SICK LEAVE.

(a) Direct Transfers of Leave.--
(1) In general.--Subchapter III of chapter 63 of title 5,
United States Code, is amended by inserting after section 6338
the following:
''Sec. 6338a. Sick leave
''(a) The Office of Personnel Management shall by regulation modify
the program established under the preceding provisions of this
subchapter so as to permit, in addition to annual leave, the transfer
and use of sick leave.
''(b) To the extent feasible, the terms and conditions governing
the transfer and use of sick leave under the regulations shall be the
same as those governing the transfer and use of annual leave under the
preceding provisions of this subchapter, subject to the following:
''(1) Sick leave may not be transferred or used in
connection with any purpose for which accrued sick leave could
not be used by the leave recipient under subchapter I.
''(2) Sick leave received under this subchapter--
''(A) may not be used before the exhaustion
requirement under section 6333(b) has been met; and
''(B) shall not (for restoration purposes, if
applicable) be considered to have been used before all
transferred annual leave has been exhausted.
''(3) Nothing in this section shall affect the maximum
amount of sick leave or annual leave which may be accrued by a
leave recipient while using any leave received under this
subchapter in connection with a particular medical
emergency.''.
(2) Technical and conforming amendments.--
(A) Prohibition of coercion.--Section 6338(a) of
title 5, United States Code, is amended by striking
''annual leave'' and inserting ''annual or sick
leave''.
(B) Excepted agencies.--Section 6339(c)(1) of title
5, United States Code, is amended--
(i) by striking ''annual leave accrued''
and inserting ''annual or sick leave accrued'';
and
(ii) by striking ''annual leave account''
and inserting ''annual or sick leave account
(as applicable)''.
(b) Leave Bank Program.--
(1) In general.--Subchapter IV of chapter 63 of title 5,
United States Code, is amended by inserting after section 6371
the following:
''Sec. 6371a. Sick leave
''(a) The Office of Personnel Management shall by regulation modify
the program established under the preceding provisions of this
subchapter so as to permit, in addition to annual leave, the
contribution and use of sick leave.
''(b) To the extent feasible, the terms and conditions governing
the contribution and use of sick leave under the regulations shall be
the same as those governing the contribution and use of annual leave
under the preceding provisions of this subchapter, subject to the
following:
''(1) Sick leave may not be used in connection with any
purpose for which accrued sick leave could not be used by the
leave recipient under subchapter I.
''(2) Sick leave may be contributed instead of annual leave
in order to satisfy, in whole or in part, the requirements of
section 6366(a)(2)(A).
''(3) Sick leave received under this subchapter may not be
used before the exhaustion requirement under section 6367(c)
has been met.
''(4) Nothing in this section shall affect the maximum
amount of sick leave or annual leave which may be accrued by a
leave recipient while using leave received under this
subchapter in connection with a particular medical
emergency.''.
(2) Technical and conforming amendments.--
(A) Prohibition of coercion.--Section 6370(a) of
title 5, United States Code, is amended by striking
''annual leave'' and inserting ''annual or sick
leave''.
(B) Excepted agencies.--Section 6372(c)(1) of title
5, United States Code, is amended by striking ''annual
leave accrued'' and inserting ''annual or sick leave
accrued''.
(c) Table of Contents.--The table of sections for chapter 63 of
title 5, United States Code, is amended--
(1) by inserting after the item relating to section 6338
the following:

''6338a. Sick leave.'';
and
(2) by inserting after the item relating to section 6371
the following:

''6371a. Sick leave.''.
(d) Effective Date.--Regulations required to be prescribed by the
Office of Personnel Management under the amendments made by this
section shall become effective not later than January 31, 1994.

A:
Federal Employees Leave Sharing Act of 1993 - Amends the Federal Employees Leave Sharing Act of 1988 to extend leave-transfer programs and allow them to permit transfers of sick leave in addition to annual leave.
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