United States · United States Congress · 4 March 1999
Self-employed Health Insurance Fairness Act of 1999 - Amends the Internal Revenue Code to allow a deduction for 100 percent of a self-employed individual's health insurance costs for himself or herself, spouse, and dependents, unless such individual participates in an employer-maintained health plan. (Current law provides for a phased-in 100 percent deduction and disallowance upon participation eligibility.)
United States · United States Congress · 3 March 1999
Aviation Safety Protection Act - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of a Federal Aviation Administration (FAA) order, regulation, or standard, or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Specifies civil penalties for violation of this Act.
United States · United States Congress · 3 March 1999
TABLE OF CONTENTS: Title I: Amendments to Endangered Species Act of 1973 Title II: Tax Incentives Title III: Authorization of Appropriations Endangered Species Recovery Act of 1999 - Title I: Amendments to Endangered Species Act of 1973 - Amends the Endangered Species Act of 1973 (the Act) to include within the definition of "species" the last remaining distinct population segment in the United States of any plant or invertebrate species. States that "interim habitat" includes habitat necessary to support either current populations of a species or populations necessary to ensure survival, whichever is larger. (Sec. 102) Revises requirements regarding designation of critical habitat to require the Secretary of the Interior or Commerce, as appropriate, to designate: (1) interim habitat concurrently with making a determination that a species is endangered or threatened; (2) critical habitat concurrently with adoption of a final recovery plan for a species; and (3) interim and critical habitat in the case of a highly migratory marine species. Requires the Secretary to designate interim habitat based only on biological factors, giving special consideration to habitat currently occupied by the species. (Sec. 103) Establishes a schedule for publishing species listing determinations. (Sec. 105) Provides for draft and final recovery plans for the conservation of endangered and threatened species. Expands plan provisions to require: (1) provisions for conservation in the recovery plan area of all endangered or threatened species, candidate species, and species proposed for such listing; (2) descriptions of actions likely to violate taking or jeopardy prohibitions; (3) a list of Federal agencies, States, tribes, and local government entities significantly affected by plan goals or management actions that should complete a recovery implementation plan; and (4) the selection of independent scientists to determine criteria for making determinations to remove a species from the list. Directs Federal agencies significantly affected by plan goals or management actions to develop and implement recovery implementation plans required to: (1) identify affirmative conservation duties and management responsibilities to contribute to achievement of plan goals; (2) set forth specific actions, timetables, and funding to achieve and monitor progress of goals or responsibilities; and (3) identify lands or waters under agency jurisdiction that may provide suitable habitat for the species and actions needed to acquire additional habitat or contribute to species recovery on agency lands or waters. (Sec. 106) Includes Indian tribes in the definition of "State" for purposes of provisions regarding cooperative agreements and funding for the conservation of endangered and threatened species. (Sec. 107) Requires Federal agencies to monitor the status and trends of endangered, threatened, and candidate species that occur on lands or waters under their administration. Directs Federal agencies, in cases where certain authorized takings of endangered or threatened species of a marine mammal are involved, to: (1) report to the Secretary every two years on the amount of incidental take that has occurred as a direct, indirect, or cumulative impact; and (2) reinitiate consultation with the Secretary if the amount authorized has been exceeded. Applies provisions regarding interagency cooperation and consultation to species in a foreign country or on the high seas. Requires the Secretary to promulgate regulations to ensure timely conclusion of Federal consultations regarding listing of species. (Sec. 108) Directs the Secretary to limit the duration of certain permits issued for acts or takings otherwise prohibited as necessary to ensure that changes in circumstances that could occur in the period and that would jeopardize the continued existence of species are reasonably foreseeable. Expands elements of conservation plans required to be submitted by applicants for permits authorizing takings. Adds to the list of conditions required to be met for permit issuance that the activities authorized by the permit and conservation plan are consistent with species recovery and will result in no net loss of the value to the species of the habitat occupied. Requires annual reports by the permittee on the biological status of the species in the affected area, on permitted action and habitat conservation plan impacts on the species, and on whether the plan's biological goals are being met. Revokes permits for noncompliance with permit conditions of this Act or for exceeding the authorized level of take. Requires the Secretary, using financial security provided by the permittee and the Habitat Conservation Fund, to undertake to conserve species where a permittee defaults on permit or plan obligations. Directs the Secretary to implement a streamlined application and approval procedure for incidental take permits and plans determined to be low effect, small scale plans. Lists criteria to be met for consideration as a low effect, small scale plan. Provides for monitoring of such plans and requires the Secretary to pay costs of implementing additional requirements or restrictions to ensure that actions authorized by such plans do not jeopardize the continued existence of any species determined to be endangered or threatened after such a plan was approved. Sets forth requirements for the deposit of performance bonds and other financial security by incidental take permit (other than low effect, small scale) applicants. Establishes the Habitat Conservation Plan Fund for: (1) paying the costs of additional conservation measures and restrictions for species recovery not covered by, or occurring as a result of failure of, plans; (2) permitting costs; and (3) restoring natural resources with respect to which damages are deposited. Requires the Secretary to encourage the development of multiple landowner, multispecies conservation plans, including by streamlining permitting processes across State and local jurisdictions. Sets forth requirements for incidental take certificates issued by such jurisdictions. Provides for public participation in the development of such plans and directs the Secretary to promulgate regulations establishing a development process which ensures an equitable balance of participation among citizens with primary interests in economic development activities that may affect species conservation, and citizens whose primary interest is in species conservation, respectively. Requires the Secretary, upon request, to invite independent scientists with expertise on species that may be affected by the plan to provide input. Directs the Secretary to establish a Community Assistance Program to provide timely and accurate information to local governments or property owners. Requires the Secretary, under such Program, to assign to each U.S. Fish and Wildlife Service field office employees whose duties include providing information on impacts of actions under, and assistance on compliance with, the Act and serving as a focal point for questions, requests, complaints, and suggestions from property owners and local governments. (Sec. 109) Expands the list of violations for which citizen suits may be brought to include violations of any permit, the Secretary's opinion statement regarding the impact of Federal agency actions on species and proposed conservation actions, or any agreement concluded under the Act. Makes certain time frames for bringing actions inapplicable to actions brought for emergencies posing a significant risk to any endangered or threatened species of fish, wildlife, or plant (or those proposed for listing). (Sec. 110) Makes persons who negligently damage any member or habitat of an endangered or threatened species liable to the United States and a State for the costs incurred in restoring or replacing the member or habitat. Title II: Tax Incentives - Authorizes the Secretary to enter into endangered species conservation agreements with owners or lessees of real property on which conservation measures for endangered, threatened, or candidate species or species proposed for listing are to be carried out. Requires the Secretary to establish a technical assistance program in cooperation with the States to assist landowners with such agreements. (Sec. 202) Amends the Internal Revenue Code to require that the value of a taxable estate be determined by deducting from the value of the gross estate an amount equal to the value of real property included in the gross estate which is subject to an endangered species conservation agreement. Provides for recapture in certain cases. (Sec. 203) Allows an additional tax deduction for State and local real property taxes imposed on real property subject to such agreements. (Sec. 204) Allows a tax credit for costs incurred in connection with such agreements. Title III: Authorization of Appropriations - Extends the authorization of appropriations to carry out the Act through FY 2003.
United States · United States Congress · 3 March 1999
Child Care Availability Incentive Act - Amends the Internal Revenue Code to allow a tax credit (as part of the general business credit) for employers who provide qualified day care centers for the use of their employees.
United States · United States Congress · 2 March 1999
Family Education Freedom Act of 1999 - Amends the Internal Revenue Code to allow a tax credit of up to $3,000 per student per year for the cost of attendance at any educational institution (including any private, parochial, religious, or home school) organized to provide elementary or secondary education (or both).
United States · United States Congress · 2 March 1999
Education Improvement Tax Cut Act - Amends the Internal Revenue Code to: (1) allow a credit (of up to $3,000) against income tax for qualified scholarship contributions; and (2) allow a credit (of up to $3,000) against income tax for qualified school materials contributions.
United States · United States Congress · 2 March 1999
Pan Am Flight 103 Witness to Justice Act - Directs the President to vest and liquidate so much of blocked Libyan assets as is necessary to pay for the reasonable costs of travel to and from the Hague, Netherlands, by immediate family members of U.S. citizens who were victims of the crash of Pan American flight 103 in 1988, for the purpose of attending the trial of the individuals suspected of terrorist acts causing the crash.
United States · United States Congress · 2 March 1999
Voluntary Basic Educational Skills Testing Act - Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. (Sec. 3) Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. (Sec. 4) Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. (Sec. 5) Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. (Sec. 6) Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. (Sec. 7) Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. (Sec. 8) Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.
United States · United States Congress · 2 March 1999
Consumer Access to Travel Information Act of 1999 - Amends Federal aviation policy law to direct the Secretary of Transportation to consider it in the public interest, and consistent with public convenience and necessity, to ensure that consumers may obtain unbiased information in an efficient and convenient manner from travel agents and other independent sources about air transportation passenger services and fares. Directs the Secretary to study and report to Congress on the availability of such information to consumers. Requires the Secretary, after notice and an opportunity for a hearing, to issue a cease and desist order to any air carrier or other party engaged in any practice or policy which constitutes a predatory, unfair, or deceptive practice or unfair method of competition which restricts the widespread, convenient, and efficient access by the public to unbiased comparative air transportation passenger service and fare information or the sale, booking, or distribution of air transportation passenger services or products.
United States · United States Congress · 2 March 1999
Education IRA Plus Act of 1999 - Amends the education individual retirement account provisions of the Internal Revenue Code to define the "contribution limit" as: (1) $1,000 beginning in taxable year 2000; (2) $1,500 beginning in taxable year 2001; and (3) $2,000 beginning in taxable year 2001.
United States · United States Congress · 2 March 1999
TABLE OF CONTENTS: Title I: Educational Facilities Improvement Title II: Scholarships Title III: A+ Accounts for Public and Private Schools Renewing America's Schools Act - Title I: Educational Facilities Improvement - Amends the Elementary and Secondary Education Act of 1965 (ESEA) title XII (School Facilities Infrastructure Improvement) to establish an educational facilities construction and renovation bond subsidy program. (Sec. 101) Directs the Secretary of Education to use such bond subsidy program funds to pay up to 50 percent, according to a sliding scale based on need, of the interest costs applicable to any State or local bond for construction or renovation of educational facilities in local areas. Provides for: (1) mandatory direct grants to local bond authorities for up to 100 local areas with the highest numbers of school age children whose families do not exceed 100 percent of the poverty line (plus an optional 25 additional local areas with extraordinary construction or renovation needs); and (2) mandatory grants to States for State or local bond authority assistance for local areas according to a specified formula. Authorizes reservation of specified amounts for Indian schools, schools in U.S. territories, and certain studies, evaluations, and reports. Sets forth requirements for authorized activities, waivers (in order to increase assistance), fair wages, and reports. Authorizes appropriations for FY 2000. Title II: Scholarships - Amends ESEA title VI (Innovative Education Program Strategies) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title VI allotment for use exclusively for such parental choice programs. (Sec. 202) Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. (Sec. 203) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Title III: A+ Accounts for Public and Private Schools - A+ Accounts for Public and Private Schools Act - Amends the Internal Revenue Code to permit tax-free expenditures from education individual retirement accounts for elementary and secondary education expenses (including tuition, special needs services, home schooling expenses, and transportation expenses) required for attendance at a public, private, or religious school, or for home schooling that meets State or local requirements. (Sec. 302) Provides for a temporary increase, from $500 to $2,500, through December 31, 2003, for the maximum annual contribution to such an account. Waives certain age limitations in cases of children with special needs. Permits corporations to contribute to such accounts.
United States · United States Congress · 2 March 1999
Biomedical Revitalization Resolution of 1999 - Expresses the sense of the House of Representatives that funding for the National Institutes of Health should be increased by $2 billion in FY 2000.
United States · United States Congress · 1 March 1999
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.
United States · United States Congress · 1 March 1999
Senior Citizens' Freedom to Work Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 1 March 1999
Education Savings and School Excellence Act of 1999 - Amends the Internal Revenue Code with respect to educational individual retirement accounts (IRAs) to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses; (2) increase the annual contribution limit; (3) waive the beneficiary age limitation for contributions on behalf of special needs beneficiaries; and (4) permit corporate contributions. (Sec. 3) Excludes from a beneficiary's gross income distributions from qualified State tuition programs (or from certain prepaid tuition programs established by educational institutions), except to the extent that they exceed qualified higher education expenses. Expands the definition of such expenses. Denies allowance of any other deduction or credit for any qualified education expenses taken into account in determining exclusion from gross income of education IRA distributions. Defines "excess contributions" with respect to private qualified tuition programs. (Sec. 4) Makes permanent the exclusion from employee gross income of employer-provided educational assistance. (Sec. 5) Increases the amount by which certain governmental bonds used to finance public school capital expenditures may be exempted from specified arbitrage bond provisions. (Sec. 6) Excludes from gross income certain amounts received under the National Health Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance Program.
United States · United States Congress · 25 February 1999
Long Island Sound Preservation and Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound. Declares that no dredged material from any Federal or non-Federal project containing constituents prohibited as other than trace contaminants may be dumped in Long Island Sound or Block Island Sound, except in cases demonstrated to the Administrator of the Environmental Protection Agency (and certified by the Administrator in the Federal Register) where the dumping of such material will not cause significant undesirable effects, including the threat associated with the bioaccumulation of such constituents in marine organisms.
United States · United States Congress · 25 February 1999
Security and Freedom through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or median use. Provides that neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be: (1) built into computer hardware or software for any purpose; (2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or any State to receive it; or (3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. Makes exceptions with respect to investigative or law enforcement officers and members of the intelligence community. Provides that neither the Federal Government nor a State may require the use of encryption products, standards, or services (products) for: (1) confidentiality purposes, as a condition of the use of such products for authenticity or integrity purposes; or (2) authenticity or integrity purposes, as a condition of the use of such products for confidentiality purposes. Sets penalties for the unlawful use of encryption in furtherance of a criminal act. Specifies that the use of encryption shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Provides that after a one time, 50-day technical review by the Secretary, no export license may be required (with exceptions) for or in the export of specified computer hardware, software, computing devices, telecommunication devices, technical assistance and data, and encryption hardware, software, or computing devices. Authorizes the Secretary, after a one time, 15-day technical review, to authorize the export or reexport of computer hardware, software, or computing devices with encryption capabilities for nonmilitary and end uses in any country: (1) to which exports of computer hardware, software, or computing devices of comparable strength are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such computer equipment will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without authorization by the United States; or (2) if the Secretary determines that a computer hardware, software, or computing device offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. Directs that any encryption product not requiring an export license as of this Act's enactment date, as a result of administrative decision or rulemaking, shall not require an export license on or after such date. (Sec. 4) Directs: (1) the Attorney General to compile, and maintain in classified form, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce U.S. criminal laws; and (2) that such information be made available, upon request, to any Member of Congress.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 24 February 1999
TABLE OF CONTENTS: Title I: Designation of and Tax Incentives for Renewal Communities Title II: Additional Provisions American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to five qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 104) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. (Sec. 105) Sets forth reporting requirements. (Sec. 106) Directs the Director of the Office of Management and Budget not to make any estimates of changes in receipts under the pay-as-you-go estimate provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 resulting from the enactment of this Act. Title II: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (202) Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 203) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 24 February 1999
Condemns anti-Semitic statements made by members of the Russian Duma. Commends: (1) actions taken by members of the Duma to condemn such statements made by other Duma members; and (2) President Yeltsin and other members of the Russian Government for condemning such statements. Declares that peace and justice cannot be achieved as long as governments and legislatures promote policies based upon anti-Semitism, racism, and xenophobia.
United States · United States Congress · 23 February 1999
Federal Protective Service Reform Act of 1999 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. (Sec. 3) Extends the powers of sheriffs and constables granted to such police officers upon Federal property under the GSA Administrator's control to any area within 500 feet from such property and makes such powers concurrent with State and local law enforcement authorities in the area in which the property is located. Empowers such police officers to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property of offenses on such property; and (5) coordinate with other law enforcement agencies that have intelligence gathering authority for the protection of such persons and property. Authorizes police officers to exercise any power granted in such an area if: (1) the officer reasonably believes that the action is necessary to prevent or stop a felony in progress; (2) the felony is being committed in the presence of the officer; and (3) there is a known, immediate threat. (Sec. 4) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 5) Empowers special agents with the same authority outside Federal property as police officers have. (Sec. 6) Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the principal U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. (Sec. 7) Requires FPS police officers' and criminal investigators' pay and benefits to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to U.S. Secret Service Uniformed Division members. (Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision. (Sec. 9) Directs the Commissioner to prescribe standards for the contracting of security personnel for Federal property. Provides for such standards to ensure that contract personnel receive adequate training and are subject to the same background check requirements as FPS police officers.
United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Uniform Prelitigation Procedures for Year 2000 Actions Title II: Year 2000 Actions Involving Contracts Title III: Year 2000 Actions Involving Tort and Other Noncontractual Claims Title IV: Year 2000 Class Actions Title V: Client Protection in Connection with Year 2000 Actions Title VI: Assistance to Small Businesses for Preventing Year 2000 computer Failures Year 2000 Readiness and Responsibility Act - Makes this Act inapplicable to any claim based on personal injury. Title I: Uniform Prelitigation Procedures for Year 2000 Actions - Requires a prospective plaintiff, before filing a year 2000 action, except in an action that seeks only injunctive relief, to provide to each prospective defendant a written notice that identifies with particularity: (1) any symptoms of a material defect alleged to have caused injury; (2) the injury allegedly suffered; (3) the facts that led the prospective plaintiff to hold such person responsible for both the defect and the injury; and (4) the relief or action sought. Bars a prospective plaintiff from commencing an action in Federal or State court until the expiration of 90 days after the date on which such notice is provided. Excludes such 90-day period in the computation of any applicable statute of limitations. Sets forth provisions regarding response to notice, failure to respond, failure to provide notice, the effect of contractual waiting periods, sanctions for frivolous invocation of the stay provision, and time computations. (Sec. 102) Allows either party, at any time during the 90-day period, to request the other to use alternative dispute resolution. (Sec. 103) Requires the complaint, in any year 2000 action: (1) that seeks the award of money damages, to state with particularity the nature and amount of each element of damages and the factual basis for the damages calculation; and (2) in which the plaintiff alleges that a product or service was defective, to identify with particularity the symptoms of the material defects and to state with particularity the facts supporting the conclusion that the defects were material. Sets forth provisions regarding state of mind, motion to dismiss, stay of discovery, and preservation of evidence. (Sec. 104) Prohibits recovery in any year 2000 action on account of injury that the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably could have been, aware. Excludes from damages awarded in any such action any that the plaintiff reasonably could have avoided. Title II: Year 2000 Actions Involving Contracts - Makes fully enforceable in any year 2000 action all written contractual terms, including limitations or exclusions of liability or disclaimers of warranty, with exceptions. (Sec. 202) Allows the party against whom a claim of breach of contract is asserted to offer evidence that its implementation of, or its efforts to implement, the contract were reasonable in light of the circumstances for the purpose of limiting or eliminating the defendant's liability. Sets forth provisions regarding impossibility and commercial impracticability. (Sec. 203) Prohibits the court, in any year 2000 action involving a breach of contract or a claim related to the contract, from awarding any damages unless such damages are provided for by the express terms of the contract (or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into). Title III: Year 2000 Actions involving Tort and Other Noncontractual Claims - Makes a person against whom a final judgment is entered in a year 2000 action, except with respect to claims involving personal injury, liable solely for the portion of the judgment that corresponds to the percentage of liability of the person, as determined under this title. Directs the court to instruct the jury to answer special interrogatories or, if there's no jury, make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (Sec. 302) Sets forth provisions regarding: (1) the defendant's state of mind as to year 2000 failure, injury to plaintiff, and foreseeability; (2) a reasonable efforts defense; (3) limits on damages; and (4) liability of officers and directors. Title IV: Year 2000 Class Actions - Provides that in any year 2000 action involving a claim that a product or service is defective, the action may be maintained as a class-action in Federal or State law as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and if the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (Sec. 402) Sets forth provisions regarding notification, dismissal prior to certification, Federal jurisdiction in year 2000 class actions, and removal of class actions. Title V: Client Protection In Connection with Year 2000 Actions - Makes this title applicable to any year 2000 claim or action asserted or brought in Federal or State court. (Sec. 503) Allows a plaintiff who retains an attorney with respect to a year 2000 claim or action to elect whether to compensate the attorney's services on an hourly or contingent fee basis, with exceptions. (Sec. 504) Sets forth provisions regarding the consumer's right to up-front disclosure of information regarding fees and settlement proposals, information after the initial meeting, the consumer's right to timely updated information about settlement proposals and a detailed statement of hours and fees, class actions, and enforcement of consumer protection rules in year 2000 claims and actions. Title VI: Assistance to Small Businesses for Preventing Year 2000 Computer Failures - Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot program under which it shall guarantee loans made by eligible lenders to small business concerns to allow them to address year 2000 computer failures and to notify eligible lenders of the establishment of such program. Sets forth provisions regarding the use of funds, maximum loan amounts, guarantee limits, and reporting requirements. (Sec. 604) Amends such Act to direct the SBA to notify specified committees not later than 30 days before initiating any new pilot program of any change in the pilot program that may affect the subsidy rate estimates for the loan program. Sets forth reporting requirements. (Sec. 605) Directs the Administrator of the SBA to establish one point of contact to act as a liaison between the SBA and small business concerns regarding problems arising out of year 2000 failures and compliance with Federal requirements regarding the collection of information. Prohibits any Federal agency from imposing a civil penalty on a business concern for a first-time violation, with exceptions. Allows a Federal agency to waive a civil penalty imposed if the violation is corrected within 30 days after the agency provides written notice of the violation. Sets forth standards for waiver and a congressional notification requirement. Prohibits a State from imposing on a small business concern any civil penalty inconsistent with this section.
United States · United States Congress · 23 February 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have developed and implemented content standards and interim assessments and made substantial progress toward developing and implementing performance standards and final aligned assessments, and toward having local educational agencies (LEAs) in the State produce profiles; (2) hold LEAs accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Requires State applications to describe specific educational objectives and the process for measuring LEA progress in meeting specific goals. Requires States to submit performance data and the Secretary to review such performance. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under the Elementary and Secondary Education Act of 1965 (ESEA): (1) title I Helping Disadvantaged Children Meet High Standards; (2) part B State and Local Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements, including the selection of schools to participate in ESEA title I part A programs for disadvantaged children. Allows an SEA to grant waivers to allow schools to participate in such programs if the percentage of children from low-income families in the attendance area of such school or who actually attend such school is within five percentage points of the lowest percentage of such children for any school in the LEA that meets specified ESEA requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the objectives and desired results described in its application.
United States · United States Congress · 23 February 1999
Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 23 February 1999
Expresses the sense of the Congress that: (1) the islets of Imia in the Aegean Sea are sovereign territory of Greece under international law; and (2) Turkey should agree to bring the dispute with Greece over sovereignty over the islets before the International Court of Justice at The Hague, Netherlands.
United States · United States Congress · 12 February 1999
TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1999 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute regarding lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates charges (whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges) imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.
United States · United States Congress · 12 February 1999
Senior Citizens Tax Elimination Act - Amends the Internal Revenue Code to repeal the inclusion of any social security or tier I railroad retirement benefits in gross income. Appropriates non-appropriated Treasury amounts for the social security and railroad retirement funds to equal the amounts not transferred as a result of such repeal. Expresses the sense of the Congress that tax increases will not be used to provide such revenue.
United States · United States Congress · 11 February 1999
Made in America Information Act - Directs the Federal Trade Commission, upon a determination that there is sufficient manufacturer interest and that manufacturers will provide fees so the program will operate without Federal Government cost, to establish a toll-free number pilot program solely to help inform consumers whether a product with a retail value of at least $250 is made in America. Requires the Commission to contract for the establishment and operation of such pilot program. Requires consumers to be informed that registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Commission has conducted any investigation to confirm that the product meets the definition of this Act of American made; or (3) the product contains 100 percent U.S. content. (Sec. 3) Directs the Commission to propose regulations to: (1) establish a voluntary product registration procedure; (2) establish and collect a fee to cover registration costs; (3) establish the pilot program; and (4) assess manufacturer interest in the program. Imposes civil monetary penalties for knowingly registering a product that is not American made.
United States · United States Congress · 11 February 1999
Gun Retention Act of 1999 - Amends the Federal criminal code to set penalties for knowingly taking or attempting to take a firearm from a law enforcement officer against that officer's will while such officer is engaged in the performance of official duties. Imposes: (1) a fine and ten to 15 years' imprisonment for such an offense other than an attempt or for such an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer); and (2) a fine and five to ten years' imprisonment for any other offense that is an attempt. Prohibits such a term of imprisonment from running concurrently with any other term imposed with respect to the same criminal episode.
United States · United States Congress · 11 February 1999
K-12 Education Excellence Now Act of 1999 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including qualifying home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools.
United States · United States Congress · 11 February 1999
TABLE OF CONTENTS: Title I: Managed Care Consumer Protections Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievances and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination in Implementation Managed Care Reform Act of 1999 - Title I: Managed Care Consumer Protections - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider with prior authorization. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant a choice of health insurance coverage and one or more coverage options that do not provide benefits only through participating providers. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating health professional as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. (Sec. 111) Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith ACTION. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered (including the number of days in a hospital) if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Requires a plan or issuer that provides medical and surgical benefits to provide inpatient coverage following a mastectomy, lumpectomy, or lymph node dissection for the treatment of breast cancer for a period of time as is determined by the attending physician, in his or her professional judgment consistent with medical standards, to be medically appropriate. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor (or against an employee of such an employer or sponsor acting within the scope of employment) only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 402) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 11 February 1999
Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School. Expresses the sense of the Congress that, in each training activity undertaken by the United States with foreign security forces, the Secretary of Defense should: (1) substantially increase emphasis upon respect for human rights, the proper role of a military within a democratic society, and appropriate management of defense and security policy; and (2) implement Department of Defense regulations regarding the screening of foreign candidates for inclusion in the training activity to ensure that the United States does not train individuals implicated in human rights abuses, illegal drug trafficking, or corruption.
United States · United States Congress · 11 February 1999
Social Security Benefits Restoration Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate provisions that reduce primary insurance amounts for individuals receiving pensions from noncovered employment.
United States · United States Congress · 11 February 1999
Protection of Seamen Against Economic Reprisal Act of 1999 - Amends Federal shipping law to prohibit a person from discharging, or in any manner discriminating against, a seaman for refusing to perform the seaman's duties when the seaman has a reasonable apprehension that performing such duties would result in serious injury to the seaman, other seamen, a vessel, cargo, or the environment. Sets forth requirements with respect to receiving such protection. Authorizes a U.S. district court in which a seaman has brought an action for wrongful discharge or discrimination to award such seaman costs and reasonable attorney's fees.
United States · United States Congress · 11 February 1999
Bond Fairness and Protection Act of 1999 - Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to exclude a permitted open access transaction (as defined by this Act) from the definition of private business use. Permits, as specified, termination of tax-exempt bond financing for certain electric output facilities.
United States · United States Congress · 11 February 1999
Expresses the sense of the Congress that by illegally revoking the autonomy of Kosova in 1989 and undertaking other unconstitutional actions, by officially and harshly discriminating against the majority ethnic Albanians in Kosova, and by committing numerous crimes against humanity, including ethnic cleansing, against the people of Kosova, Serbia and the Federal Republic of Yugoslavia (Serbia and Montenegro), especially as ruled by Slobodan Milosevic, have forfeited any right to govern or to determine political status of the territory of Kosova. Urges the United States to support: (1) the right of self-determination for Kosova and its people; (2) an interim agreement on the status of Kosova that supports the principle of self-determination by taking specified steps; and (3) such representation for Kosova in international institutions as is consistent with Kosova's exercise of the legitimate right of self-determination.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Prescription Drug Fairness for Seniors Act of 1999 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy such covered outpatient drug in the described amount (an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries) and at the described price (the price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug). Sets forth special provisions with respect to hospice programs.
United States · United States Congress · 10 February 1999
Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period.
United States · United States Congress · 10 February 1999
Airline Passenger Bill of Rights Act of 1999 - Amends Federal aviation law to prohibit: (1) an air carrier from using a single flight number to denote a flight that it knows will involve a change in aircraft between flight segments; (2) an air carrier from providing an explanation of the reason for the delay or cancellation of a flight, or diversion of a flight to another airport, that it knows or has reason to know is false or misleading; (3) an air carrier or airport from conducting, or having conducted, a security procedure at an airport in a manner that results in a child under two years of age being separated from the child's parent or guardian without the consent of the parent or guardian; (4) an air carrier, foreign air carrier, or ticket agent from selling air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation unless they first inform the person purchasing the air transportation that the air carrier providing the air transportation will be a carrier other than the carrier whose designator code is used to identify the flight; and (5) an air carrier from prohibiting a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for one-way travel instead of round-trip travel), and from assessing an additional fee on or charge to such person or any ticket agent that sold the air transportation to such person. (Sec. 2) Requires an announcement by an air carrier of a delay or cancellation of a flight, or a diversion of a flight to an airport other than the airport at which the flight is scheduled to land, to include an explanation of the reason for such delay, cancellation, or diversion. Makes an air carrier liable to each aircraft passenger for an excessive departure or arrival delay of the aircraft. Requires an air carrier that cancels a flight on the date it is scheduled for reasons other than safety to provide each passenger air transportation in a timely manner to the destination for which such passenger purchased the air transportation and a refund of the amount paid for air transportation. Requires an air carrier that finds baggage or property that has on it the name of an individual to make a good faith effort to find and return it to the individual. Requires an air carrier, upon request of any person (including a governmental entity), to disclose the number or percentage of seats that the carrier intends to make available on a specific date for use by a person redeeming an award under a frequent flyer program on any air transportation route provided by the carrier. (Sec. 3) Sets forth penalties for violations committed under this Act. (Sec. 4) Directs the Secretary of Transportation to conduct a study, and report the results to Congress, to determine if air carriers are providing, during changes of planes, a level of supervision of unaccompanied children under 12 years of age that is sufficient to ensure the safety of such children.
United States · United States Congress · 10 February 1999
Marriage Tax Elimination Act of 1999 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 10 February 1999
Expresses the sense of the Congress that the United States should: (1) introduce and make all efforts necessary to pass a resolution criticizing the People's Republic of China for its human rights abuses in China and Tibet at the annual meeting of the United Nations Commission on Human Rights; and (2) urge other governments to cosponsor and support such resolution.
United States · United States Congress · 9 February 1999
Safe Seniors Assurance Study Act of 1999 - Directs the Secretary of Health and Human Services (HHS) to conduct a study for a report to Congress on the mortality and adverse outcomes rates of Medicare (title XVIII of the Social Security Act (SSA)) patients by providers of anesthesia services (service providers). Provides that if the HHS Secretary determines that lack of physician supervision of service providers results in an adverse impact on outcome rates of Medicare patients, then such providers under Medicare or Medicaid (SSA title XIX) shall be supervised by a physician in the same manner as they are supervised under HHS regulations in effect on January 1, 1999.
United States · United States Congress · 9 February 1999
Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2002, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2002 through 2007. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2002, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. (Sec. 5) Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. (Sec. 6) Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. (Sec. 7) Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2005 and subsequent years. (Sec. 8) Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2008, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. (Sec. 10) Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. (Sec. 11) Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to specified congressional committees on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.
![Official portrait of Rep. Forbes, Michael P. [D-NY-1]](https://www.congress.gov/img/member/f000257_200.jpg)