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United States · Official source
768 records where Rep. Ehrlich, Robert L., Jr. [R-MD-2] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 18 November 1999
Expresses the sense of the House of Representatives that a biennial budget process should be enacted in the second session of the 106th Congress.
United States · United States Congress · 17 November 1999
Radio Broadcasting Preservation Act of 1999 - Prohibits the Federal Communications Commission from prescribing any rules authorizing the operation of new, low power FM radio stations, or establishing a low power radio service, as currently proposed. Terminates previously prescribed rules which would violate such prohibition and voids licenses issued pursuant to such rules.
United States · United States Congress · 10 November 1999
Authorizes the American Battle Monuments Commission to place within the Vietnam Veterans Memorial a plaque to honor those Vietnam veterans who died after service in the Vietnam War, but as a direct result of such service, and whose names are not otherwise eligible for placement on the Memorial wall.
United States · United States Congress · 10 November 1999
Small Business Franchise Act of 1999 - Prohibits any person, in connection with the advertising, offering, sale, or promotion of any franchise, from: (1) employing a device, scheme, or artifice to defraud; (2) engaging in an act, practice, course of business, or pattern of conduct which operates or is intended to operate as a fraud upon any prospective franchisee; (3) obtaining property, or assisting others in so doing, by negligently making an untrue statement of a material fact or failing to state a material fact; or (4) making any claim or representation which is inconsistent with or contradicts a disclosure document. Requires the franchisor to provide a written statement specifying whether the franchise agreement contains a right of renewal. (Sec. 4) Prohibits any franchisor or subfranchisor, in connection with the performance, enforcement, renewal, or termination of any franchise agreement, from: (1) engaging in an act, practice, course of business, or pattern of conduct which operates as a fraud upon any person; (2) hindering, prohibiting, or penalizing the free association of franchisees for any lawful purpose, including the formation of or participation in any trade association made up of franchisees; or (3) discriminating against a franchisee by imposing requirements not imposed on other similarly situated franchisees or otherwise retaliating against any franchisee for membership or participation in a franchisee association. Prohibits a franchisor from: (1) terminating a franchise agreement prior to its expiration without good cause; or (2) prohibiting a franchisee from engaging in any business at any location after the expiration of a franchise agreement. (Sec. 5) Sets forth provisions concerning: (1) minimum standards of conduct (good faith, due care, and limited fiduciary duty) for each party to a franchise agreement; (2) a prohibition against requiring the inclusion of a franchise agreement term or condition which violates this Act or relieves a person from a duty or liability under this Act; (3) a prohibition against a waiver from compliance with this Act; and (4) authorized legal actions by State attorneys general on behalf of State residents for alleged violations. (Sec. 8) Authorizes a franchisee to assign a franchise interest to a transferee, provided such transferee satisfies reasonable qualifications applied by the franchisor in determining whether or not a current franchisee is eligible for renewal. Provides transfer conditions, including 30 days' prior written notice. Outlines events which shall not be considered transfers, such as successor management by a surviving heir or incorporation. (Sec. 9) Prohibits a franchisor from transferring a franchise interest unless: (1) the franchisor provides 30 days prior notice to all franchisees of such intent; (2) the notice is accompanied by a complete description of the business and financial terms of the proposed transfer; and (3) upon such transfer, the transferee entity has the appropriate business experience and financial means to perform all of the franchisor's obligations. (Sec. 10) Prohibits a franchisor from prohibiting a franchisee from obtaining equipment, fixtures, supplies, goods, or services (goods or services) used in the establishment or operation of the franchised business from sources of the franchisee's choosing, with the exception that such goods or services must meet reasonable quality standards promulgated or enforced by the franchisor. Requires the franchisor to: (1) provide and continuously update a list of approved vendors for such goods or services; and (2) report at least annually revenues and profits received from the sale of such goods or services to its franchisees. (Sec. 11) Prohibits a franchisor from placing one or more new outlets of a franchised business within unreasonable proximity to an existing franchise, with an exception. (Sec. 12) Sets forth provisions concerning: (1) legal actions brought by persons injured or damaged by violations; and (2) the right to arbitration, mediation, or other nonjudicial resolution in lieu of a legal action (with a statute of limitations).
United States · United States Congress · 9 November 1999
Communications Satellite Competition and Privatization Act of 1999 - Amends the Communications Act of 1934 to add a new chapter concerning communications satellite competition and privatization. Prohibits the Federal Communications Commission (FCC) from issuing a license or construction permit to any separated entity (an entity that has been privatized under this Act), renewing or assigning any such license or permit, or authorizing such entity to use its space segment unless the FCC determines that such issuance, renewal, assignment, or use will not harm competition in the U.S. telecommunications market. Requires the FCC to substantially limit, deny, or revoke the authority of any U.S. entity to use any space segment owned, leased, or operated by INTELSAT (the International Telecommunications Satellite Organization) or Inmarsat (the International Maritime Satellite Organization) or any successor entities to provide non-core satellite services to, from, or within the United States, unless the FCC finds that INTELSAT and Inmarsat and their successor entities, by specified dates, have been privatized in a manner that will not harm competition in the U.S. telecommunications markets. Outlines competition requirements, including that users of non-core services currently provided by such entities are able to obtain such services from other providers at competitive rates, terms, and conditions. States that, unless the FCC determines appropriate privatization by INTELSAT or Inmarsat, then: (1) the President shall oppose any registration for new orbital locations for such entities after specified dates; and (2) the President and the FCC shall preclude procurement, registration, development, or use of new satellites which would provide non-core services (with an exception for replacement or currently-contracted satellites). Authorizes the FCC to issue an authorization, license, or permit for any provider of services using any INTELSAT or Inmarsat space segment for additional services or additional areas of business during the privatization period, subject to specified requirements, including three annual findings that substantial progress has been made in achieving pro-competitive privatization and that neither INTELSAT nor Inmarsat are hindering competitor access to the satellite services market. Provides an exception with respect to existing INTELSAT or Inmarsat contracts. Directs the President and the FCC, applying specified criteria, to secure a pro-competitive privatization of INTELSAT and Inmarsat. Requires each entity to be privatized as soon as practicable, but no later than April 1, 2001, for INTELSAT, and April 1, 2000, for Inmarsat. Requires successor and separated entities of INTELSAT and Inmarsat to be independent entities. Prohibits the preferential treatment currently provided to INTELSAT and Inmarsat from being extended to such successor and separated entities. Outlines transitional requirements during the privatization period. Requires INTELSAT, Inmarsat, and any successor and separated entities to return satellite orbital locations that were unused as of March 25, 1998. Includes as specific criteria for INTELSAT privatization: (1) a sufficient number of competitors to create a fully competitive market; and (2) the prevention of expansion during privatization. Includes as specific criteria for INTELSAT separated entities: (1) a public offering of the securities of such an entity within one year after its creation; (2) no privileges and immunities previously granted to INTELSAT; (3) a prohibition against interlocking directors and employees; and (4) a 15-year prohibition against the merger or ownership arrangements between a privatized INTELSAT or successor entity and any separated entity. Includes as specific criteria for Inmarsat privatization: (1) multiple signatories and direct access to Inmarsat; (2) the prevention of expansion during privatization; (3) a sufficient number of competitors to create a fully competitive market; (4) a 15-year prohibition against merger or ownership arrangements between Inmarsat or any of its successor or separated entities and ICO Global Communications, Inc.; and (5) a prohibition against Inmarsat and ICO interlocking directors or employees. Directs the Secretary of Commerce to transmit to the FCC a list of member countries of INTELSAT and Inmarsat that are not members of the World Trade Organization and that: (1) impose barriers to market access for private satellite systems; or (2) are not supporting pro-competitive privatization of INTELSAT and Inmarsat. Authorizes the FCC to prohibit U.S. carriers from paying to overseas carriers an amount for international message telephone services in excess of a cost-based settlement rate. Permits current users or providers of telecommunications services to obtain direct access to INTELSAT telecommunications services and space segment capacity through purchase of such capacity or services from, or investments in, INTELSAT. Requires the FCC to complete a rulemaking to determine whether such users or providers have sufficient opportunity to access such services and capacity directly from INTELSAT. Authorizes the FCC to restrict foreign ownership of an entity representing the United States in INTELSAT or Inmarsat (a U.S. signatory) if to not do so would constitute a threat to national security. States that no U.S. signatories shall be required after privatization is achieved. Revises the privileges and immunities currently provided to the Communications Satellite Corporation (COMSAT). Terminates specified provisions of the Communications Satellite Act of 1962. Requires annual reports from the President and the FCC to specified congressional committees on progress made in achieving the objectives and carrying out the purposes of this Act. Directs the President and the FCC to consult with such committees prior to each meeting of the INTELSAT or Inmarsat Assembly of Parties, the INTELSAT Board of Governors, the Inmarsat Council, or appropriate working groups. Prohibits the FCC from assigning by competitive bidding orbital locations or spectrum used for the provision of international or global satellite communications services. Directs the President to oppose any such assignment in international fora. Prohibits any satellite operator from acquiring or enjoying the exclusive right of handling telecommunications to or from the United States and any other country by reason of any arrangement to which such operator or any persons or companies controlling or controlled by the operator are parties (with an exception for existing services).
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.
United States · United States Congress · 4 November 1999
Social Security Number Confidentiality Act of 1999 - Amends Federal law, with respect to general authority to issue checks and other drafts, to direct the Secretary of the Treasury to take necessary action to ensure that Social Security account numbers (including derivatives of such numbers) are not visible on or through unopened mailings of Government checks or other drafts.
United States · United States Congress · 2 November 1999
Expresses the sense of the Congress that the Government of the People's Republic of China should stop persecuting FalunGong practitioners and other religious believers. Calls for the U.S. Government to use every appropriate forum, including the United Nations Human Rights Commission, to urge the Government of the People's Republic of China to: (1) release from detention all Falun Gong practitioners and put an immediate end to the practices of torture and other cruel, inhuman and degrading treatment against them and other prisoners of conscience; (2) allow Falun Gong practitioners to pursue their religious beliefs in accordance with article 36 of the Constitution of the People's Republic of China; and (3) abide by the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
United States · United States Congress · 20 October 1999
Unsolicited Electronic Mail Act of 1999 - Authorizes any person, on his or her own behalf or on behalf of his or her children, to file with the Federal Communications Commission (FCC) a statement that he or she desires to receive no unsolicited commercial electronic mail (e-mail), unsolicited pandering (erotically arousing or sexually provocative) e-mail, or both. Directs the FCC to: (1) maintain and keep a current list of such filers; and (2) make such list available to any person, upon reasonable terms and conditions, including a service charge for such list. Prohibits any person from initiating the transmission of any unsolicited commercial or pandering e-mail to an individual whose name and e-mail address has been on such list for more than 30 days. Prohibits any other use of such list. Prohibits any person from sending an unsolicited commercial or pandering e-mail message unless the message contains a conspicuous reply e-mail address to which a recipient may send notice of a desire not to receive further messages. Subjects to an FCC order to discontinue any person who transmits such a message after such an objection. Directs the FCC, upon request, to include in such an order the names and e-mail addresses of any children of an objecting recipient. Provides a private right of action, or an action by the FCC, against an e-mail initiator who violates the above requirements. Authorizes an interactive computer service provider to establish and enforce policies that are nondiscriminatory on the basis of content regarding unsolicited commercial e-mail. Authorizes such provider to decline to transmit such messages to subscribers without compensation from the sender. Requires a provider to notify the violator of such policy in writing and request compliance. Makes subject to the same FCC order as above a violator who sends such messages after provider notification. Provides a private right of action by a provider, or an action by the FCC, upon an e-mail initiator who violates such requirements. Requires the FCC to report to Congress on the effectiveness and enforcement of this Act.
United States · United States Congress · 7 October 1999
Chesapeake Bay Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to: (1) continue the Chesapeake Bay Program; and (2) maintain a Program Office to provide specified support to the Chesapeake Executive Council. Authorizes the Administrator to provide technical assistance and assistance grants to nonprofit organizations, State and local governments, colleges and universities, and interstate agencies to achieve Program goals. Provides the Federal and non-Federal share of various Program costs. Provides for Chesapeake Bay Agreement (an agreement among signatory members to restore and protect the Bay's ecosystem) implementation and monitoring grants, with specified Federal and non-Federal shares. Directs the Administrator to make public a document describing in detail projects funded for the current and previous years. Requires any Federal agency that owns or operates a facility within the Bay watershed to: (1) participate in regional and subwatershed planning and restoration programs; and (2) report to the President and the Council on expenditures to carry out such programs. Requires the Administrator to: (1) ensure that management plans are developed and that implementation is begun by signatories to the Agreement to achieve specified water nutrient and quality goals and habitat restoration and protection; and (2) offer technical assistance and assistance grants for a small watershed grants program within the Bay. Directs the Administrator to study and report to Congress on the state of the Chesapeake Bay ecosystem and on Program strategies. Requires a five-year study to establish and expand understanding of Bay ecosystem living resources response to water quality improvements resulting from the Program. Authorizes appropriations for FY 2000 through 2005.
United States · United States Congress · 4 October 1999
Amends title XVIII (Medicare) of the Social Security Act to provide for the treatment of certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 28 September 1999
Keep Our Promise to America's Military Retirees Act - Amends Federal employee provisions to include the following as an employee, for purposes of authorized enrollment under the Federal Employees Health Benefits (FEHB) Program: (1) a member of the armed forces who began service before June 7, 1956, and retired after a minimum of 20 years of such service or by reason of a service-connected disability; and (2) the surviving widow or widower of such member. Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay who is also entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member who is entitled to Medicare hospital insurance benefits; and (5) a family member of such member. Repeals a provision prohibiting coverage under the Civilian Health and Medical Program of the Uniformed Services for persons entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Act.
United States · United States Congress · 22 September 1999
Calls upon the President: (1) not to participate in any international negotiation in which antidumping or antisubsidy rules are part of the negotiating agenda; (2) to refrain from submitting for congressional approval agreements that require changes to the current antidumping and countervailing duty laws and enforcement policies of the United States; and (3) to enforce the antidumping and countervailing duty laws vigorously in all pending and future cases.
United States · United States Congress · 21 September 1999
Access to Innovation for Medicare Patients Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of self-injected biologicals approved by the Food and Drug Administration that are prescribed for use in the treatment of the same disease or medical condition in lieu of a drug or biological which cannot be self-administered.
United States · United States Congress · 21 September 1999
Declares that the House of Representatives: (1) expresses its sympathies to the citizens of Nantou and Taichung and all of Taiwan for the tragic losses suffered as a result of the September 21, 1999, earthquake; (2) expresses its support for the people of Taiwan and for disaster assistance being provided by the United States Agency for International Development and other relief agencies; and (3) recognizes and encourages the important assistance that could be provided by other nations.
United States · United States Congress · 17 September 1999
Expresses the sense of the Congress that the U.S. Government should: (1) request that the new Government of Panama, under the leadership of President Mireya Moscoso, nullify the lease agreements for the Balboa and the Cristobal port facilities on each end of the Panama Canal and initiate a new bidding process that is both transparent and fair; (2) request that the new Government of Panama investigate charges of corruption related to the granting of the Panama Canal port leases by the previous Balladares administration; and (3) negotiate security arrangements with the Government of Panama that will protect the canal and ensure the territorial integrity of the Republic of Panama.
United States · United States Congress · 8 September 1999
Authorizes the President, on behalf of the Congress, to present congressional gold medals to astronauts Neil A. Armstrong, Buzz Aldrin, and Michael Collins, in recognition of their monumental and unprecedented feat of space exploration, as well as their achievements in the advancement of science and promotion of the space program. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires receipts from such sales to be deposited in the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 8 September 1999
Wildland Firefighters Pay Equity Act of 1999 - Amends Federal Civil Service provisions regarding the computation of overtime pay to provide that: (1) the overtime hourly rate of pay for U.S. Forest Service employees in the Departments of Agriculture and Interior engaged in emergency wildland fire suppression is an amount equal to one and one-half times the hourly rate of such employees' basic pay, whether such pay falls below, equals, or exceeds the minimum rate of basic pay for GS-10; and (2) all that amount is premium pay.
United States · United States Congress · 5 August 1999
Interstate Transmission Act - Amends the Federal Power Policy Act (FPA) to incorporate within its jurisdiction the unbundled transmission of electric energy sold at retail. (Sec. 3) Directs the Federal Energy Regulatory Commission (FERC) to determine by rule or order which facilities used for the transmission and delivery of electric energy are used in interstate commerce (subject to its jurisdiction), and which are used for local distribution (subject to State jurisdiction). Redefines "interstate commerce" to include, for FPA purposes, consumption of electricity in a foreign country. (Sec. 4) Repeals the statutory constraints placed upon the disposition of property by a public utility subject to FERC jurisdiction. (Sec. 5) Requires FERC to permit a transmitting utility to recover all its costs incurred in connection with the transmission services and necessary associated services, including the costs of any enlargement of transmission facilities. Prescribes guidelines for FERC review of rates, charges, terms, and conditions for transmission service, including: (1) voluntary innovative pricing policies; (2) negotiated rates; and (3) recovery of market-based rates for transmission services. (Sec. 6) Authorizes a transmitting utility to require both its transmission customers and any transmitting utility with which it is interconnected to observe policies or standards adopted by a FERC- approved electric reliability organization as a prerequisite to receiving transmission service. (Sec. 7) Authorizes FERC encouragement of the formation of regional transmission organizations to enhance transmission of electric energy in interstate commerce.
United States · United States Congress · 5 August 1999
Lyme Disease Initiative of 1999 - Directs the Secretaries of Health and Human Services, of Agriculture, of the Interior, and of Defense to: (1) establish specified detection test, improved surveillance and reporting system, and prevention goals to provide for a reduction in the incidence and prevalence of Lyme disease and related tick borne infectious diseases; and (2) establish a five-year plan of activities toward achieving those goals, and carry them out. Establishes the Lyme Disease Taskforce to advise the Secretaries with respect to achieving such goals. Authorizes appropriations.
United States · United States Congress · 5 August 1999
Public Broadcasting Donor Privacy Act - Amends the Communications Act of 1934 to prohibit public broadcasting stations receiving funds through the Corporation for Public Broadcasting from making available to any person or entity any list of the financial contributors to such station, except at the direction of the Corporation or pursuant to Federal, State, or local law.
United States · United States Congress · 5 August 1999
Policyholder Disaster Protection Act of 1999 - Amends the Internal Revenue Code to provide for the creation of disaster protection funds by property and casualty insurance companies for the payment of policyholders' claims arising from certain catastrophic events.
United States · United States Congress · 5 August 1999
Veterans' Emergency Telephone Service Act of 1999 - Authorizes the Secretary of Veterans Affairs to award a grant to a private, nonprofit entity for the operation of a national, toll-free telephone hotline providing information and assistance to veterans and their families, including crisis intervention counseling, general veterans' benefits information, emergency shelter and food, substance abuse rehabilitation, employment training and related opportunities, and small business assistance programs. Limits such grant to a two-year period, subject to annual approval by the Secretary. Authorizes appropriations for FY 2000 and 2001.
United States · United States Congress · 5 August 1999
Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act (the Act) to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines "remediation waste" as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management; (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site; and (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program.
United States · United States Congress · 5 August 1999
Clean Water Infrastructure Financing Act of 1999 - Amends the Federal Water Pollution Control Act to provide that capitalization grants to States for the establishment of water pollution control revolving funds ( revolving funds) shall be for providing assistance to accomplish the purposes of such Act. (Currently, such grants are provided for assistance for specific purposes.) Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements. Directs the Administrator of the Environmental Protection Agency to assist states in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires amounts available to revolving funds to be used only for providing assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted. Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems. Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage. Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities. Reauthorizes appropriations for FY 2000 through 2004 for the revolving fund program.
United States · United States Congress · 5 August 1999
Expresses the sense of the House of Representatives that: (1) all Americans, and above all women, should take an active role in the fight against breast cancer by using all the means available to them; (2) the role played by national and community organizations and health care providers in promoting awareness of the importance of regular clinical and self-examinations, regular mammograms, and biopsies (when appropriate), and in providing information, support, and access to services, should be recognized and applauded; and (3) the Federal Government has a responsibility, among other things, to continue to fund research so that the causes of, and improved treatment for, breast cancer may be discovered.
United States · United States Congress · 4 August 1999
National Law Enforcement Museum Act - Authorizes the National Law Enforcement Officers Memorial Fund to construct a National Law Enforcement Museum in the District of Columbia. Prohibits the Secretary of the Interior from permitting construction of the Museum unless sufficient amounts are available to complete construction. Provides that the United States shall pay no expense incurred in the establishment or construction of the Museum. Terminates construction authority seven years after this Act's enactment date unless construction begins before such date.
United States · United States Congress · 4 August 1999
Electronic Benefit Transfer Interoperability and Portability Act of 1999 - Amends the Food Stamp Act of 1977 to provide for a national standard of interoperability and portability applicable to electronic food stamp benefit transactions. Requires systems that provide for the electronic issuance, use, and redemption of coupons in the form of electronic benefit transfer cards to be interoperable, and food stamp benefits to be made portable, among all States not later than October 1, 2002.
United States · United States Congress · 29 July 1999
Taxpayer's Defense Act - Amends Federal provisions concerning discretionary congressional review of agency rules to prohibit a rule that establishes or increases a tax, however denominated, from taking effect before the enactment of a bill specifically authorizing the rule. Exempts a rule promulgated under the Internal Revenue Code. Requires an agency promulgating such a rule to submit to each House of Congress a report containing the text of the part of the rule that establishes or increases a tax, and an explanation of the rule. Outlines procedures for House and Senate consideration of the bill authorizing the rule to take effect.
United States · United States Congress · 29 July 1999
Tax Fairness for County Fairs Act of 1999 - Amends the Internal Revenue Code to provide that long-term vehicle storage by tax-exempt organizations which conduct county and similar fairs shall not be treated as an unrelated trade or business.
United States · United States Congress · 27 July 1999
Medicare Glaucoma Detection Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of glaucoma detection tests for certain eligible individuals under Medicare part B (Supplementary Medical Insurance).
United States · United States Congress · 22 July 1999
Amends the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products and shall be subject to Consumer Product Safety Commission regulations.
United States · United States Congress · 21 July 1999
Land Recycling Act of 1999 - Prohibits, with exceptions, the President and any person other than a State from using specified authorities of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a response action pursuant to a State program submitted to the Administrator of the Environmental Protection Agency together with a certification by the State that: (1) the State has enacted such program into law and committed the necessary financial and personnel resources to carry out the program; and (2) such program will be implemented in a manner protective of human health and the environment. Provides that Federal permit or permit revisions shall not be required for the on-site portion of response actions subject to such prohibition. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 4) Amends CERCLA to permit the President to add a facility to the National Priorities List only with the concurrence of the Governor of the State in which the facility is located. (Sec. 5) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 6) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 7) Absolves of liability for response costs and damages certain owners or operators that are State or local governments that acquired property involuntarily, or through eminent domain or the granting of a license or permit to conduct business, if such governments: (1) acquired the affected facility after the disposal or placement of the hazardous substances for which liability is alleged; (2) did not cause or contribute to the hazardous substance release; and (3) exercised appropriate care with respect to such substances. (Sec. 8) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. (Sec. 9) Revises provisions regarding the degree of cleanup for hazardous substances that will remain on-site to provide that remedial actions for such substances shall require a level or standard of control which achieves Maximum Contaminant Levels (currently, Maximum Contaminant Level Goals) under the Safe Drinking Water Act where such levels are appropriate under the circumstances of the release considering the timing of any anticipated use of water as drinking water and reasonable points of compliance. Removes a requirement regarding achievement of certain water quality criteria under the Clean Water Act by such actions. Requires risk assessments and characterizations conducted for such actions to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) be based on the best available scientific and technical information; and (3) be based on an analysis of the weight of scientific evidence that supports conclusions about a problem's potential risks to health and the environment. (Sec. 10) Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Authorizes appropriations.
United States · United States Congress · 15 July 1999
Authorizes appropriations for FY 2000 for the construction of a U.S. embassy in Jerusalem, Israel. Prohibits the United States from operating a U.S. consulate in Jerusalem unless it is under the supervision of the U.S. Ambassador to Israel. Requires any official U.S. Government document which lists countries and their capital cities to identify Jerusalem as the capital of Israel. Declares that, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in the city of Jerusalem, the Secretary of State shall, upon the citizen's request, record the place of birth as Israel.
United States · United States Congress · 1 July 1999
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce Title III: Establishment of United States Trade Administration Subtitle A: General Provisions Subtitle B: United States Trade Administration Title IV: Statistical Consolidation Subtitle A: General Provisions Subtitle B: Establishment of the Federal Statistical Service Subtitle C: Transfers of Functions and Offices Subtitle D: Administrative Provisions Subtitle E: Miscellaneous Title V: Miscellaneous Provisions Department of Commerce Elimination Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1999. (Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the three-year period beginning on the date of enactment. (Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel. (Sec. 106) Provides for the submission of specified reports. (Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act; and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act. (Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act. (Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agencywide priority placement programs for Federal employees affected by a reduction in force attributable to this Act. (Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1999; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1999. Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1999. (Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of NTIS as a wholly owned Government corporation if an arrangement for privatization of the functions of the NTIS has not been made. (Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act. (Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA. (Sec. 205) Terminates specified miscellaneous NOAA research programs. Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA. Prohibits: (1) funding for the NOAA Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2002: (1) the Office of the NOAA Administration Corps of Operations or its successor; and (2) the Commissioned Personnel Center. Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet. Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990. (Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for administration of NOAA, and all functions and offices transferred to the new NOAA, under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer. (Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration. Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions. Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the United States in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3. Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials). (Sec. 322) Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy. Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation. Amends the Omnibus Trade and Competitiveness Act of 1988 to reestablish the U.S. and Foreign Commercial Service within the Trade Administration (currently, such Service is in the International Trade Administration of the Department) and to revise certain functions of the Trade and Development Program with respect to the U.S. and Foreign Commercial Service. (Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration. (Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA. Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses. Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above. Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions. Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1999; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1999. Title IV: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population. Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics. (Sec. 413) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics. Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices. Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator. Subtitle E: Miscellaneous - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service. Title V: Miscellaneous Provisions - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.
United States · United States Congress · 1 July 1999
Small Business Franchise Property Recovery Act of 1999 - Amends the Internal Revenue Code to establish certain franchise operations as 15-year property under the accelerated cost recovery system.
United States · United States Congress · 30 June 1999
U.S. Holocaust Assets Commission Extension Act of 1999 - Amends the U.S. Holocaust Assets Commission Act of 1998 to extend through December 31, 2000, the deadline for the final report to the President of the Presidential Advisory Commission on Holocaust Assets in the United States with regard to any recommendations for legislative, administrative, or other action with respect to certain assets of victims of the Holocaust that are in the control or possession of the U.S. Government (including the Board of Governors of the Federal Reserve System and any Federal reserve bank) at any time after January 30, 1933. Authorizes appropriations for Commission activities through FY 2001.
United States · United States Congress · 29 June 1999
Private Property Rights Implementation Act of 1999 - Amends the Federal judicial code to provide that whenever a district court exercises jurisdiction under civil rights provisions in an action in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action in which no claim of a violation of a State law, right, or privilege is alleged, if a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear. Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress. Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; and (2) a final decision shall not require the party seeking redress to exhaust judicial remedies provided by any State or territory of the United States. (Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. (Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.
United States · United States Congress · 24 June 1999
National Discovery Trails Act of 1999 - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links to one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas; (2) is supported by a competent trailwide volunteer-based organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments; and (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route. Requires the responsible Secretary, within three complete fiscal years after enactment of legislation designating a national discovery trail, to submit to specified congressional committees a comprehensive plan: (1) for the protection, management, development, and use of the Federal portions of the trail; and (2) for technical assistance to States, local governments, and private landowners, as requested, for non-Federal portions of the trail. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado.
United States · United States Congress · 22 June 1999
History of the House Awareness and Preservation Act - Directs the Librarian of Congress to: (1) prepare a new and complete written history of the U.S. House of Representatives; (2) in preparing the history, consult, commission, or engage the services or participation of eminent historians and Members or former Members of the House; (3) arrange for the printing of the history and the dissemination of excerpts of the history over the Internet; (4) make the history available for sale to the public; and (5) make available, free of charge, a limited number of copies to each Member of the House of Representatives and to the Senate. Sets forth guidelines for the history. Authorizes the Librarian to solicit and accept private funding for the publication, marketing, and public distribution of the history. Directs the Librarian to accept for deposit, preserve, maintain, and make accessible, an oral history of the House as told by its Members and former Members, compiled and updated (on a voluntary or contract basis) by the U.S. Association of Former Members of Congress or other outside organization. Expresses the sense of the Congress that: (1) orientation programs for freshman Members of the House should contain a seminar on the history of the House; and (2) the Speaker of the House should conduct a series of forums on the topic of such history.
United States · United States Congress · 10 June 1999
National Uniformity for Food Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA, as amended by this Act, or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 10 June 1999
Alcohol Shipment to Minors Prohibition Act - Amends the Federal criminal code to require that any package placed for shipment in interstate commerce that contains any alcoholic beverage: (1) bear a conspicuous label, in accordance with such regulations as the Secretary of the Treasury may prescribe, stating that the package contains an alcoholic beverage and that the signature of a person of legal drinking age is required for delivery; and (2) be accompanied by documentation showing the full legal name and address of the person placing the package for such shipment. Requires any person who: (1) places for shipment in interstate commerce a package containing any alcoholic beverage, prior to shipment, to verify that the recipient is of legal drinking age; and (2) delivers a package shipped in interstate commerce that contains any alcoholic beverage and is labeled pursuant to this Act to obtain, upon delivery, the signature of a person of legal drinking age and to verify such person's age. Sets penalties for violations of this Act.
United States · United States Congress · 9 June 1999
State Responsible Alcohol Access Enforcement Act - Amends the Webb-Kenyon Act and provisions of the Liquor Law Repeal and Enforcement Act to authorize any State, the District of Columbia, any U.S. territory, and any place noncontiguous to but subject to U.S. jurisdiction to bring an action in the appropriate U.S. district court (or in the case of a place outside the United States, in an appropriate court of Federal jurisdiction) to enjoin the shipment or transportation of liquor in violation of either Act or to enforce the laws of such State, District, territory, or place with respect to such shipment or transportation. Directs the Federal Trade Commission to conduct a study to determine if it needs additional authority under the Federal Trade Commission Act to regulate the sale, marketing, and advertising of alcoholic beverages in commerce through all forms of remote commerce. Directs that such study include an examination of the current state of alcoholic beverage retailing through all forms of remote commerce.
United States · United States Congress · 9 June 1999
Open Competition and Fairness Act of 1999 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 7 June 1999
Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law. Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Directs the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order without requiring the posting of a bond. Prohibits such issuance without notice to the adverse party. Sets forth provisions regarding the form and scope of the order. Authorizes the court to order the trial of the action on the merits to be advanced and consolidated with the hearing on the application. Specifies that such an action shall be tried before the court.
United States · United States Congress · 27 May 1999
States that in the case of a taxable year beginning before January 1, 1980, the determination of whether a tax deduction as a trade or business expense is allowable under the Internal Revenue Code for flight training expenses shall be made without regard to whether the taxpayer was reimbursed for any portion of such expenses through certain veterans educational assistance programs. Sets forth statute of limitations provisions.
United States · United States Congress · 25 May 1999
Father Theodore M. Hesburgh Congressional Gold Medal Act - Authorizes the President to present, on behalf of Congress, a congressional gold medal to Father Theodore M. Hesburgh in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.
United States · United States Congress · 25 May 1999
Tip Credit Protection Act of 1999 - Amends the Fair Labor Standards Act to provide that the provisions of such Act relating to accounting of tips in determining tipped employees' wages shall preempt any State or local law or ordinance precluding a tip credit or requiring a tip credit less than provided for by such Act. Amends the Internal Revenue Code to treat as gift transfers and exclude from gross income and social security and unemployment taxes up to $10,000 annually in tips from qualified services (cosmetology, hospitality, recreation, taxi, newspaper delivery, and shoe shine services).
United States · United States Congress · 24 May 1999
American Inventors Protection Act of 1999 - Title I: Inventors' Rights - Inventors' Rights Act - Amends Federal patent law to oblige any invention promoter, when entering into a contract for invention promotion services, to disclose to a customer in writing: (1) whether the promoter's usual business practice is to seek more than one contract in connection with an invention, or seek to perform promotion services in one or more phases, with the performance of each phase covered in one or more subsequent contracts; and (2) a summary of the promoter's usual business practices, including the usual business terms of contracts, and the approximate amount of the usual fees or other consideration for each of the services provided. (Sec. 102) Prescribes a standard cover notice for every invention promotion services contract, including: (1) the procedure for contract cancellation; (2) the total number of inventions evaluated by the promoter for commercial potential in the past five years, including the number of positive and of negative evaluations; (3) the total number of customers who have contracted with the promoter in the past five years; (4) the total number of customers known by the promoter to have received a net financial profit as a direct result of the invention promotion services provided; (5) the total number of customers known by the invention promoter to have received license agreements for their inventions as a direct result of such services; and (6) the names and addresses of all previous invention promotion companies with which the promoter or its officers have collectively or individually been affiliated in the previous ten years. Sets forth mandatory contract terms and remedies for certain prohibited contract practices. Establishes a Federal cause of action for inventors injured by material false or fraudulent statements or representations, or any omission of material fact, by an invention promoter, or by the promoter's failure to make the required written disclosures. Sets minimum damages at $5,000, leaving the court discretion to treble actual damages, taking into account past complaints against the same invention promoter. Makes it a misdemeanor for an invention promoter to make fraudulent representations to a customer. Title II: First Inventor Defense - First Inventor Defense Act - Amends Federal patent law to declare that it shall be a defense to an infringement action with respect to any subject matter that would otherwise infringe one or more claims asserting a process or method in the patent being asserted against a person, if such person had, acting in good faith, actually reduced the subject matter to practice at least one year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent. (Sec. 202) Deems a commercial use, in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, any use for which the public is the intended beneficiary, except that such use: (1) may be asserted as a defense only for continued use by and in the laboratory or nonprofit entity; and (2) may not be asserted as a defense with respect to any subsequent commercialization or use outside such laboratory or nonprofit entity. States that the sale or other disposition of a useful end product produced by a patented method, by a person entitled to assert such a defense with respect to that useful end result, shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. Limits the defense to inventions for processes or methods. Prohibits the defense if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. Declares that this defense is not a general license under all claims of the patent at issue, but extends only to the specific subject matter claimed in the patent with respect to which the person can assert a defense. Extends the defense, however, to variations in the quantity or volume of use of the claimed subject matter, and to improvements that do not infringe additional specifically claimed subject matter of the patent. Requires a person asserting the defense to establish it by clear and convincing evidence. Prohibits any person who has abandoned commercial use of subject matter from relying on activities performed before the date of abandonment in establishing a defense with respect to actions taken after such date. Limits assertion of the defense to the person who performed the acts necessary to establish it. Prohibits licensing, assignment, or transfer to any person but the patent owner of the right to assert the defense, except as an ancillary and subordinate part of a good faith assignment or transfer for other reasons of the entire enterprise or line of business to which the defense relates. Restricts the site of use of a subject matter for which the defense may be asserted if the defense has been acquired as part of such a good faith assignment or transfer. Title III: Patent Term Guarantee - Patent Term Guarantee Act of 1999 - Amends Federal patent law to extend the term of a patent one day for each day lost as a result of delay created by the United States Patent and Trademark Office (USPTO) when the agency fails to: (1) make notifications within 14 months after filing of a non-provisional application about the rejection of any patent claim, or objections to or requirements for it, or of allowance of the application; (2) respond within four months to a reply to a rejection, objection, or requirement, or to an appeal of a twice-rejected claim; (3) act on an application within four months after the date of a decision by the Board of Patent Appeals and Interferences, or a decision by a Federal court in a case in which allowable claims remain in the application; or (4) issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. (Sec. 302) Requires a day-for-day extension of a patent term if: (1) a patent is not issued within three years after the filing of the application; or (2) issue is delayed by interferences, secrecy orders, or appeals. Specifies limitations to such an extension, as well as grounds for its reduction. Requires the USPTO Director to prescribe regulations establishing procedures for the application for and determination of patent term extensions and adjustments. (Sec. 303) Authorizes the Commissioner of Patents to: (1) prescribe regulations for the continued examination, at the applicant's request, of a patent application notwithstanding a final rejection; and (2) establish appropriate fees for continued examination proceedings, with a mandatory 50% fee reduction for qualifying small entities. Title IV: United States Publication of Patent Applications Published Abroad - Publication of Foreign Filed Applications Act - Requires the USPTO Director to publish each patent application 18 months after the earliest filing date for which a benefit is sought, unless the applicant requests earlier publication. Makes final and unreviewable the Director's determination to release or not to release information concerning a published patent application. Prohibits publication of any application: (1) no longer pending; (2) subject to a secrecy order; (3) which is provisional; (4) for a design patent; or (5) for an invention the applicant certifies has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing. Requires any applicant, in the latter instance, who subsequently files, in a foreign country or under a multilateral international agreement, an application directed to the invention disclosed in the application filed in the PTO, to notify the Director. (Sec. 402) Allows an applicant to submit a redacted copy of the PTO-filed application, eliminating any part or description of the invention that is not also contained in any of the corresponding applications the applicant has filed in one or more foreign countries whose applications require a less extensive description of the invention than the application or description of the invention in the application filed in the PTO. Requires the USPTO Director to publish only the redacted copy of the application, unless it is not received within 16 months after the earliest effective filing date. Requires the USPTO Director to establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant. Directs the Comptroller General to study and report to specified congressional committees on applicants who file only in the United States on or after the effective date of this subtitle. (Sec. 403) Amends Federal patent law with respect to the option of an applicant seeking patent protection in the United States to claim the filing date of an application for the same invention filed in another Convention country, provided the subsequent application is filed in the United States within 12 months of the earlier filing in the foreign country. Revises requirements for claiming such priority. Authorizes the Director to: (1) consider an applicant's failure to file a timely claim for priority to be a waiver of any such priority claim; and (2) establish procedures (including the payment of a surcharge) to accept an unintentionally delayed priority claim. (Sec. 404) Amends Federal patent law to state that a patent shall contain a (provisional) right to obtain a reasonable royalty for applicants whose applications are published under this title, or international applications designating the United States filed under the Patent Cooperation Treaty (PCT). Entitles the applicant to obtain a reasonable royalty from any person who between publication of the application and issuance of the patent: (1) makes, uses, offers for sale, or sells the invention in, or imports it into, the United States; or (2) if the invention claimed is a process, makes, uses, offers for sale, sells, or imports a product made by that process in the United States; and (3) had actual notice of the published application, including a translation into English if it was filed in a non-English language under the PCT designating the United States. Denies availability of such right unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published application. Sets a six-year statute of limitations from the date of patent issuance in which an action for reasonable royalties must be brought. Authorizes an applicant to request issuance of a patent incorporating one or more claims the USPTO Director has indicated allowable. Permits incorporation into the patent, or issuance of a separate patent, of any subsequently allowed claims. (Sec. 405) Grants a published application prior art effect as of its earliest effective U.S. filing date against any subsequently filed U.S. applications. States that any foreign filing date to which the published application is entitled will not be the effective filing date of the U.S. published application for prior art purposes, unless it is an international application designating the United States published in English under the PCT. (Sec. 406) Requires the USPTO Director to recover the cost of early publication required by this title by charging a separate publication fee after a notice of allowance is given. Title V: Patent Litigation Reduction Act - Patent Litigation Reduction Act - Revises requirements with respect to prior art citations. Repeals the authority to exclude, on request, the prior art citator's identity from the patent file, and keep it confidential. (Sec. 503) Revises the procedure for the conduct of reexamination proceedings, adding specified procedures for a third-party requester. Transfers authority to conduct such proceedings and issue orders from the Commissioner of Patents to the USPTO Director. Requires reexamination proceedings and appeals to the Board of Patent Appeals and Interferences to be conducted with special dispatch within the USPTO. Authorizes a third-party requester to: (1) appeal any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or (2) be a party to any appeal taken by the patent owner. Declares that any third-party requester whose request for a reexamination results in a reexamination order is estopped from asserting at a later time, in any civil action, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the reexamination proceedings, except newly discovered prior art unavailable at the time of such proceedings. Sets forth prohibitions with respect to subsequent requests for reexamination of a patent and final decisions in civil actions. Authorizes a patent owner to obtain a stay of any pending litigation involving an issue of patentability once an order for reexamination has been issued, unless the court determines a stay would not serve the interests of justice. Requires the USPTO Director to report to Congress on whether the reexamination proceedings established under this title are inequitable to any of the parties in interest, as well as any related legislative recommendations. Title VI: Patent and Trademark Office - Patent and Trademark Office Efficiency Act - Subtitle A: United States Patent and Trademark Office - Amends Federal patent law to reorganize the Patent and Trademark Office in the Department of Commerce into a U.S. agency within the Department, called the United States Patent and Trademark Office (USPTO), subject to the general policy direction of the Secretary of Commerce but exercising independent control of its budget, personnel, procurements, and other administrative and management functions. (Sec. 613) Vests the enumerated powers and duties of the USPTO in an Under Secretary of Commerce and Director of the USPTO (currently, the Commissioner of Patents and Trademarks). Requires the Director to appoint a Commissioner of Patents and a Commissioner of Trademarks. (Sec. 614) Prescribes personnel requirements, including mandatory written agreements with labor organizations. Requires the USPTO Director to establish a performance management system according to specified guidelines. Authorizes the Director to establish one or more broad-banded systems covering all or any portion of the USPTO workforce. (Sec. 615) Establishes a Patent Public Advisory Committee and a Trademark Public Advisory Committee. (Sec. 618) Revises the composition of the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences to reflect the changes of this Act. Repeals the current authority (of the Commissioner of Patents and Trademarks) to designate any patent examiner of the primary examiner grade or higher to serve as examiner-in-chief for a six-month period, and act as a member of the Board of Patent Appeals and Interferences. Subtitle B: Effective Date; Technical Amendments - Sets forth the effective date of this title, as well as specified technical amendments to Federal patent law. Subtitle C: Miscellaneous Provisions - Sets forth specified administrative requirements with respect to the USPTO and transfers of functions under this title. Title VII: Miscellaneous Patent Provisions - Amends Federal patent law to permit the conversion, upon applicant request, of a provisional application into a non-provisional application. Repeals the requirement that a provisional application be pending on the filing date of a non-provisional application in order for the provisional application to be relied upon in any proceeding in the USPTO. (Sec. 702) Permits persons who filed an application for patent first in a World Trade Organization (WTO) member country to claim the right of priority in a subsequent patent application filed in the United States, even if such country does not yet afford similar privileges on the basis of applications filed in the United States. Provides for the right of priority in the United States on the basis of an application for a plant breeder's right first filed in a WTO member country or in a foreign member of the International Convention for the Protection of New Varieties of Plants (UPOV Contracting Party). (Sec. 703) Makes certain limitations on remedies for patent infringement applicable only to applications filed on or after September 30, 1996. (Sec. 704) Declares that papers filed in the USPTO may be required to be on an electronic medium. (Sec. 705) Directs the Comptroller General to study and report to Congress on the potential risks to the U.S. biotechnological industry relating to biological deposits in support of biotechnology patents. Requires the USPTO to consider the Comptroller General's recommendations when drafting regulations affecting biological deposits. (Sec. 706) Specifies that an inventor involved in a USPTO interference proceeding who establishes a date of invention is subject to certain requirements, including the one that the invention was not abandoned, suppressed, or concealed. (Sec. 707) Revises the condition of patentability that subject matter developed by another person which qualifies as prior art only in certain circumstances shall not preclude the granting of a patent on an invention with only obvious differences where the subject matter and claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person. Adds to such qualifying prior art circumstances that the invention was described in another patent granted on an application filed before the applicant's date of invention. (Thus allows an applicant to receive a patent when an invention with only obvious differences from the applicant's invention was described in a patent granted on an application filed before the applicant's invention, provided the inventions are commonly owned or subject to an obligation of assignment to the same person.)
United States · United States Congress · 20 May 1999
Health Care Worker Needlestick Prevention Act - Directs the Secretary of Labor, acting through the Occupational Safety and Health Administration (OSHA), to amend the bloodborne pathogens standard to require that: (1) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (2) non-managerial direct care health care workers of employers participate in the identification and evaluation of such systems and sharps. Provides an exemption where an employer demonstrates that needleless systems and sharps: (1) do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure under certain circumstances in the employer's work facility; or (2) are not commercially available to the employer. (Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps. (Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to health care workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations. (Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation.