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United States · Official source
1,701 records where Rep. Ford, Harold E., Jr. [D-TN-9] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 25 May 1999
Expresses the commitment of Congress to American farmers and the need for future appropriations to address the existing emergency in American agriculture.
United States · United States Congress · 25 May 1999
Expresses the sense of Congress that: (1) the International Labor Organization's Declaration on Fundamental Principles and Rights at Work is an important achievement that may help advance core labor standards in a competitive global economy; and (2) the President should use all means at the President's disposal to ensure that the Declaration and its Follow Up Mechanism evolve into an effective means of monitoring worldwide compliance with core labor standards.
United States · United States Congress · 24 May 1999
American Inventors Protection Act of 1999 - Title I: Inventors' Rights - Inventors' Rights Act - Amends Federal patent law to oblige any invention promoter, when entering into a contract for invention promotion services, to disclose to a customer in writing: (1) whether the promoter's usual business practice is to seek more than one contract in connection with an invention, or seek to perform promotion services in one or more phases, with the performance of each phase covered in one or more subsequent contracts; and (2) a summary of the promoter's usual business practices, including the usual business terms of contracts, and the approximate amount of the usual fees or other consideration for each of the services provided. (Sec. 102) Prescribes a standard cover notice for every invention promotion services contract, including: (1) the procedure for contract cancellation; (2) the total number of inventions evaluated by the promoter for commercial potential in the past five years, including the number of positive and of negative evaluations; (3) the total number of customers who have contracted with the promoter in the past five years; (4) the total number of customers known by the promoter to have received a net financial profit as a direct result of the invention promotion services provided; (5) the total number of customers known by the invention promoter to have received license agreements for their inventions as a direct result of such services; and (6) the names and addresses of all previous invention promotion companies with which the promoter or its officers have collectively or individually been affiliated in the previous ten years. Sets forth mandatory contract terms and remedies for certain prohibited contract practices. Establishes a Federal cause of action for inventors injured by material false or fraudulent statements or representations, or any omission of material fact, by an invention promoter, or by the promoter's failure to make the required written disclosures. Sets minimum damages at $5,000, leaving the court discretion to treble actual damages, taking into account past complaints against the same invention promoter. Makes it a misdemeanor for an invention promoter to make fraudulent representations to a customer. Title II: First Inventor Defense - First Inventor Defense Act - Amends Federal patent law to declare that it shall be a defense to an infringement action with respect to any subject matter that would otherwise infringe one or more claims asserting a process or method in the patent being asserted against a person, if such person had, acting in good faith, actually reduced the subject matter to practice at least one year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent. (Sec. 202) Deems a commercial use, in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, any use for which the public is the intended beneficiary, except that such use: (1) may be asserted as a defense only for continued use by and in the laboratory or nonprofit entity; and (2) may not be asserted as a defense with respect to any subsequent commercialization or use outside such laboratory or nonprofit entity. States that the sale or other disposition of a useful end product produced by a patented method, by a person entitled to assert such a defense with respect to that useful end result, shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. Limits the defense to inventions for processes or methods. Prohibits the defense if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. Declares that this defense is not a general license under all claims of the patent at issue, but extends only to the specific subject matter claimed in the patent with respect to which the person can assert a defense. Extends the defense, however, to variations in the quantity or volume of use of the claimed subject matter, and to improvements that do not infringe additional specifically claimed subject matter of the patent. Requires a person asserting the defense to establish it by clear and convincing evidence. Prohibits any person who has abandoned commercial use of subject matter from relying on activities performed before the date of abandonment in establishing a defense with respect to actions taken after such date. Limits assertion of the defense to the person who performed the acts necessary to establish it. Prohibits licensing, assignment, or transfer to any person but the patent owner of the right to assert the defense, except as an ancillary and subordinate part of a good faith assignment or transfer for other reasons of the entire enterprise or line of business to which the defense relates. Restricts the site of use of a subject matter for which the defense may be asserted if the defense has been acquired as part of such a good faith assignment or transfer. Title III: Patent Term Guarantee - Patent Term Guarantee Act of 1999 - Amends Federal patent law to extend the term of a patent one day for each day lost as a result of delay created by the United States Patent and Trademark Office (USPTO) when the agency fails to: (1) make notifications within 14 months after filing of a non-provisional application about the rejection of any patent claim, or objections to or requirements for it, or of allowance of the application; (2) respond within four months to a reply to a rejection, objection, or requirement, or to an appeal of a twice-rejected claim; (3) act on an application within four months after the date of a decision by the Board of Patent Appeals and Interferences, or a decision by a Federal court in a case in which allowable claims remain in the application; or (4) issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. (Sec. 302) Requires a day-for-day extension of a patent term if: (1) a patent is not issued within three years after the filing of the application; or (2) issue is delayed by interferences, secrecy orders, or appeals. Specifies limitations to such an extension, as well as grounds for its reduction. Requires the USPTO Director to prescribe regulations establishing procedures for the application for and determination of patent term extensions and adjustments. (Sec. 303) Authorizes the Commissioner of Patents to: (1) prescribe regulations for the continued examination, at the applicant's request, of a patent application notwithstanding a final rejection; and (2) establish appropriate fees for continued examination proceedings, with a mandatory 50% fee reduction for qualifying small entities. Title IV: United States Publication of Patent Applications Published Abroad - Publication of Foreign Filed Applications Act - Requires the USPTO Director to publish each patent application 18 months after the earliest filing date for which a benefit is sought, unless the applicant requests earlier publication. Makes final and unreviewable the Director's determination to release or not to release information concerning a published patent application. Prohibits publication of any application: (1) no longer pending; (2) subject to a secrecy order; (3) which is provisional; (4) for a design patent; or (5) for an invention the applicant certifies has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing. Requires any applicant, in the latter instance, who subsequently files, in a foreign country or under a multilateral international agreement, an application directed to the invention disclosed in the application filed in the PTO, to notify the Director. (Sec. 402) Allows an applicant to submit a redacted copy of the PTO-filed application, eliminating any part or description of the invention that is not also contained in any of the corresponding applications the applicant has filed in one or more foreign countries whose applications require a less extensive description of the invention than the application or description of the invention in the application filed in the PTO. Requires the USPTO Director to publish only the redacted copy of the application, unless it is not received within 16 months after the earliest effective filing date. Requires the USPTO Director to establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant. Directs the Comptroller General to study and report to specified congressional committees on applicants who file only in the United States on or after the effective date of this subtitle. (Sec. 403) Amends Federal patent law with respect to the option of an applicant seeking patent protection in the United States to claim the filing date of an application for the same invention filed in another Convention country, provided the subsequent application is filed in the United States within 12 months of the earlier filing in the foreign country. Revises requirements for claiming such priority. Authorizes the Director to: (1) consider an applicant's failure to file a timely claim for priority to be a waiver of any such priority claim; and (2) establish procedures (including the payment of a surcharge) to accept an unintentionally delayed priority claim. (Sec. 404) Amends Federal patent law to state that a patent shall contain a (provisional) right to obtain a reasonable royalty for applicants whose applications are published under this title, or international applications designating the United States filed under the Patent Cooperation Treaty (PCT). Entitles the applicant to obtain a reasonable royalty from any person who between publication of the application and issuance of the patent: (1) makes, uses, offers for sale, or sells the invention in, or imports it into, the United States; or (2) if the invention claimed is a process, makes, uses, offers for sale, sells, or imports a product made by that process in the United States; and (3) had actual notice of the published application, including a translation into English if it was filed in a non-English language under the PCT designating the United States. Denies availability of such right unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published application. Sets a six-year statute of limitations from the date of patent issuance in which an action for reasonable royalties must be brought. Authorizes an applicant to request issuance of a patent incorporating one or more claims the USPTO Director has indicated allowable. Permits incorporation into the patent, or issuance of a separate patent, of any subsequently allowed claims. (Sec. 405) Grants a published application prior art effect as of its earliest effective U.S. filing date against any subsequently filed U.S. applications. States that any foreign filing date to which the published application is entitled will not be the effective filing date of the U.S. published application for prior art purposes, unless it is an international application designating the United States published in English under the PCT. (Sec. 406) Requires the USPTO Director to recover the cost of early publication required by this title by charging a separate publication fee after a notice of allowance is given. Title V: Patent Litigation Reduction Act - Patent Litigation Reduction Act - Revises requirements with respect to prior art citations. Repeals the authority to exclude, on request, the prior art citator's identity from the patent file, and keep it confidential. (Sec. 503) Revises the procedure for the conduct of reexamination proceedings, adding specified procedures for a third-party requester. Transfers authority to conduct such proceedings and issue orders from the Commissioner of Patents to the USPTO Director. Requires reexamination proceedings and appeals to the Board of Patent Appeals and Interferences to be conducted with special dispatch within the USPTO. Authorizes a third-party requester to: (1) appeal any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or (2) be a party to any appeal taken by the patent owner. Declares that any third-party requester whose request for a reexamination results in a reexamination order is estopped from asserting at a later time, in any civil action, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the reexamination proceedings, except newly discovered prior art unavailable at the time of such proceedings. Sets forth prohibitions with respect to subsequent requests for reexamination of a patent and final decisions in civil actions. Authorizes a patent owner to obtain a stay of any pending litigation involving an issue of patentability once an order for reexamination has been issued, unless the court determines a stay would not serve the interests of justice. Requires the USPTO Director to report to Congress on whether the reexamination proceedings established under this title are inequitable to any of the parties in interest, as well as any related legislative recommendations. Title VI: Patent and Trademark Office - Patent and Trademark Office Efficiency Act - Subtitle A: United States Patent and Trademark Office - Amends Federal patent law to reorganize the Patent and Trademark Office in the Department of Commerce into a U.S. agency within the Department, called the United States Patent and Trademark Office (USPTO), subject to the general policy direction of the Secretary of Commerce but exercising independent control of its budget, personnel, procurements, and other administrative and management functions. (Sec. 613) Vests the enumerated powers and duties of the USPTO in an Under Secretary of Commerce and Director of the USPTO (currently, the Commissioner of Patents and Trademarks). Requires the Director to appoint a Commissioner of Patents and a Commissioner of Trademarks. (Sec. 614) Prescribes personnel requirements, including mandatory written agreements with labor organizations. Requires the USPTO Director to establish a performance management system according to specified guidelines. Authorizes the Director to establish one or more broad-banded systems covering all or any portion of the USPTO workforce. (Sec. 615) Establishes a Patent Public Advisory Committee and a Trademark Public Advisory Committee. (Sec. 618) Revises the composition of the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences to reflect the changes of this Act. Repeals the current authority (of the Commissioner of Patents and Trademarks) to designate any patent examiner of the primary examiner grade or higher to serve as examiner-in-chief for a six-month period, and act as a member of the Board of Patent Appeals and Interferences. Subtitle B: Effective Date; Technical Amendments - Sets forth the effective date of this title, as well as specified technical amendments to Federal patent law. Subtitle C: Miscellaneous Provisions - Sets forth specified administrative requirements with respect to the USPTO and transfers of functions under this title. Title VII: Miscellaneous Patent Provisions - Amends Federal patent law to permit the conversion, upon applicant request, of a provisional application into a non-provisional application. Repeals the requirement that a provisional application be pending on the filing date of a non-provisional application in order for the provisional application to be relied upon in any proceeding in the USPTO. (Sec. 702) Permits persons who filed an application for patent first in a World Trade Organization (WTO) member country to claim the right of priority in a subsequent patent application filed in the United States, even if such country does not yet afford similar privileges on the basis of applications filed in the United States. Provides for the right of priority in the United States on the basis of an application for a plant breeder's right first filed in a WTO member country or in a foreign member of the International Convention for the Protection of New Varieties of Plants (UPOV Contracting Party). (Sec. 703) Makes certain limitations on remedies for patent infringement applicable only to applications filed on or after September 30, 1996. (Sec. 704) Declares that papers filed in the USPTO may be required to be on an electronic medium. (Sec. 705) Directs the Comptroller General to study and report to Congress on the potential risks to the U.S. biotechnological industry relating to biological deposits in support of biotechnology patents. Requires the USPTO to consider the Comptroller General's recommendations when drafting regulations affecting biological deposits. (Sec. 706) Specifies that an inventor involved in a USPTO interference proceeding who establishes a date of invention is subject to certain requirements, including the one that the invention was not abandoned, suppressed, or concealed. (Sec. 707) Revises the condition of patentability that subject matter developed by another person which qualifies as prior art only in certain circumstances shall not preclude the granting of a patent on an invention with only obvious differences where the subject matter and claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person. Adds to such qualifying prior art circumstances that the invention was described in another patent granted on an application filed before the applicant's date of invention. (Thus allows an applicant to receive a patent when an invention with only obvious differences from the applicant's invention was described in a patent granted on an application filed before the applicant's invention, provided the inventions are commonly owned or subject to an obligation of assignment to the same person.)
United States · United States Congress · 20 May 1999
Iran Nonproliferation Act of 1999 - Directs the President to report periodically to specified congressional committees on foreign persons who, on or after January 22, 1998, have transferred to Iran: (1) controlled goods, services, or technology; or (2) non-controlled goods, services, or technology that would nevertheless would be, if they were U.S. goods, services, or technology, prohibited for export to Iran because of their potential contribution to the development of nuclear, biological, or chemical weapons, or ballistic missile systems. Excludes from identification in such reports any such persons who were previously identified, or who have acted on behalf of, or in concert with, the U.S. Government. Authorizes the President, with specified exceptions, to apply to such foreign person certain measures: (1) set forth in Executive Order 12938 prohibitions; (2) prohibiting the sale to such persons of defense items on the United States Munitions List and defense articles and defense services, or design and construction services under the Arms Export Control Act; and (3) prohibiting the export to such persons of controlled goods and technology under the Export Administration Act of 1979. Prohibits any U.S. agency from making extraordinary payments to the Russian Space Agency in connection with the International Space Station, or any other organization or entity of the Government of the Russian Federation, unless the President has determined, and reported to specified congressional committees, that: (1) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (2) such government is taking the necessary steps to prevent the transfer from Russia to Iran of goods, services, and technology useful in the development of such weapons and systems; and (3) neither the Russian Space Agency, nor any organization under its control, has, during the one-year period prior to the determination, made transfers to Iran of controlled goods, services, or technology or non-controlled goods, services, or technology that has potential to contribute to Iran's development of nuclear, biological, or chemical weapons, or of ballistic missile systems.
United States · United States Congress · 20 May 1999
National Information Disclosure Month Act - Expresses the sense of the Congress that all Federal agencies that have responsibilities with respect to health, safety, payments to individuals, delivery of services to consumers, and national defense issues shall participate, and all State, local, or private agencies or organizations having responsibilities with respect to those issues shall be encouraged to participate, in a National Summer of Community Conversation which will take place across the country in June, July, and August of 1999 to provide information to the public about their Y2K readiness. Requires that all such Federal agencies and all such State, local, or private agencies or organizations be encouraged to participate in a National Y2K Disclosure Month during July 1999, to disclose the readiness of mission critical computer systems in those areas for January 1, 2000, and to disclose contingency planning efforts associated with those systems and advance notice of problems that may occur on such day with such computer systems, with the interoperation of such computer systems, or both.
United States · United States Congress · 19 May 1999
Medically Underserved Access to Care Act of 1999 - Directs a managed care organization offering a managed care plan to establish and maintain adequate arrangements with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each plan enrollee in the organization's service area at a variety of sites within reasonable proximity to the enrollee, and in a reasonably prompt manner that accounts for enrollee needs and assures care continuity. Treats as meeting such requirements any managed care organization serving a medically underserved area that has similar arrangements with health care professionals and providers having a history of serving such areas. Directs the Secretary to establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to enable eligible nongovernmental agencies to develop outreach programs with regard to medically underserved areas.
United States · United States Congress · 18 May 1999
Mothers and Newborns Health Insurance Act of 1999 - Amends title XXI (Children's Health Insurance) (CHIP) of the Social Security Act to give States, subject to specified guidelines, the option of providing for: (1) coverage of pregnancy-related assistance for targeted low-income pregnant women under the State's CHIP plan; and (2) automatic eligibility for child health assistance under the State's CHIP plan for children born to targeted low-income pregnant women receiving such pregnancy-related assistance when the child is born.
United States · United States Congress · 18 May 1999
Living Organ Donation Incentives Act of 1999 - Amends the Family and Medical Leave Act of 1993 and Federal civil service law to allow unpaid leave for living organ donations for civilian and Federal employees. Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public and private entities to provide for payment of travel and related organ donation expenses. Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to increase by 2.9 percent each composite rate payment for Medical renal dialysis services. Authorizes appropriations.
United States · United States Congress · 18 May 1999
Medicare Rehabilitation Benefit Improvement Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide certain Medicare beneficiaries with an exemption to the financial limitations imposed on physical, speech-language pathology, and occupational therapy services under Medicare part B (Supplementary Medical Insurance). Directs the Secretary of Health and Human Services to conduct a study of specified effects of this Act for a report to Congress.
United States · United States Congress · 18 May 1999
Declares that the House of Representatives: (1) recognizes the historical significance of the Supreme Court's Brown v. Board of Education decision; (2) heralds that event as a significant advancement of American principles of freedom, justice, and equality under law; and (3) repudiates racial segregation and reaffirms the fundamental belief that we are all "one Nation under God, indivisible."
United States · United States Congress · 14 May 1999
Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Jesse L. Jackson, Sr., in recognition of his outstanding and enduring contributions to the Nation. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 13 May 1999
Eliminate Colorectal Cancer Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require coverage of colorectal cancer screening according to certain guidelines by a group health plan, a health insurance issuer offering group health insurance coverage, and a health insurance issuer in the individual market. Directs the Secretaries of Labor and of Health and Human Services (HHS) to ensure coordination in the implementation and enforcement of this Act. Expresses the sense of Congress that: (1) all Americans should be educated about the risks, prevention, screening, and treatment of colorectal cancer; and (2) the Centers for Disease Control and Prevention and HHS should track the impact of their coordinated education campaign on colorectal cancer and make information on its progress available to Members of Congress.
United States · United States Congress · 12 May 1999
Graduate Medical Education Payment Restoration Act - Amends title XVIII (Medicare) of the Social Security Act with regard to payment to hospitals for inpatient hospital services to terminate the multiyear reduction of indirect graduate medical education payments.
United States · United States Congress · 12 May 1999
Youth Gun Crime Enforcement Act of 1999 - Title I: Extending and Strengthening the Brady Law - Subtitle A: Extending the Brady Act to Gun Shows - Amends the Brady Handgun Violence Prevention Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) notifying the Secretary, at least 30 days in advance, of the date, time, duration, and location of the show; (3) submitting to the Secretary, at least 72 hours in advance, an updated list of all show vendors planning to participate; (4) verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor; (5) requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (6) notifying each attendee of requirements under the Act; (7) submitting to the Secretary, at least five days after the end of the show, a copy of the ledger and notice; and (8) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require. Sets forth provisions regarding: (1) responsibilities of transferors and transferees who are not licensees, including criminal background check requirements; (2) responsibilities of licensees who agree to assist such persons in firearm transfers; and (3) records of licensee transfers. Sets penalties for violations of this Act. Authorizes the Secretary to enter, during business hours, the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant. Increases penalties for violations of criminal background check requirements. Authorizes appropriations. Subtitle B: Establishing a Mandatory Handgun Waiting Period and Giving Law Enforcement More Time to Complete Background Checks - Prohibits a licensed importer, manufacturer, or dealer from transferring a firearm to an unlicensed person unless specified requirements are met, including that: (1) before completion of the transfer, the licensee transmits notice of the proposed firearm transfer to the chief law enforcement officer of the place of residence of the transferee; (2) the system provides the licensee with a unique identification number or five (currently, three) business days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of a firearm by such person would violate the Act; and (3) if the firearm is a handgun or semiautomatic assault weapon, not less than 72 hours have elapsed since the licensee contacted the system, or if the firearm is a handgun, the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the transferee's place of residence during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of a member of the household of the transferee. Requires a chief law enforcement officer who accepts notice of a proposed firearm transfer to destroy any statement or other record containing information derived from the notice, unless such officer determines that the transfer would violate Federal, State, or local law. Directs the Secretary to: (1) promulgate regulations regarding the manner in which licensees shall transmit notice of a proposed transfer to such officer; and(2) exempt licensees from the notice requirement where the Secretary determines such notice does not further the purposes of this subtitle. Subtitle C: Keeping Guns Out Of the Hands of Dangerous Juvenile Offenders - Defines the term "adjudicated delinquent" to mean an adjudication of delinquency based upon a finding of the commission of an act by a person prior to his or her 18th birthday that, if committed by an adult, would be a serious drug offense or violent felony. Provides that for purposes of Federal firearms provisions, any State conviction or adjudication of delinquency which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored by the jurisdiction in which the conviction or adjudication of delinquency occurred shall nevertheless be considered a conviction or adjudication of delinquency unless: (1) the expunction, set aside, pardon, or restoration of civil rights (expunction) is directed to a specific person; (2) the State authority granting the expunction has expressly determined that the circumstances regarding the conviction and the person's record and reputation are such that the person will not act in a manner dangerous to public safety; and (3) the expunction expressly authorizes the person to ship, transport, receive, or possess firearms. Specifies that the requirement for an individualized restoration of rights shall apply whether or not, under State law, the person's civil rights were taken away by virtue of the conviction or adjudication. Prohibits the sale or other disposal of a firearm or ammunition to a person knowing or having reasonable cause to believe that such person has been an adjudicated delinquent. Authorizes appropriations. Title II: Restricting Youth Access to Firearms - Prohibits the sale, delivery, or other transfer: (1) of a handgun, or ammunition that is suitable for use only in a handgun, to a person who the transferor knows or has reasonable cause to believe is under age 21 (currently, such prohibition applies with respect to juveniles); or (2) of a semiautomatic assault weapon or a large capacity ammunition feeding device to persons under 21. Applies the exemption applicable with respect to possession of a handgun in defense against a home intrusion to persons under 21 (currently, juveniles). Adds an exemption with respect to the temporary possession or use of a handgun by a person who is at least 18, but under 21, in the course of employment, in the course of ranching or farming at his or her residence, or for target practice, hunting, or a course of instruction in handgun use. (Sec. 202) Provides for enhanced penalties for youth possession of handguns and semiautomatic assault weapons. Applies specified penalties to the transfer of a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device (weapon) to a person under age 21 knowing or having reasonable cause to know that such person intended to possess, discharge, or use the weapon in the commission of a crime of violence. (Sec. 203) Prohibits and sets penalties for the sale, transfer, or delivery of a firearm by a licensed importer, manufacturer, or dealer to any person (other than a licensed importer, manufacturer, or dealer) unless the transferee is provided with a secure gun storage or safety device. Authorizes license suspension or revocation or imposition of a civil penalty of not more than $10,000 if a licensee knowingly violates this provision. (Sec. 204) Prohibits and sets penalties for keeping a loaded firearm, or an unloaded firearm and ammunition for it, knowing, or recklessly disregarding the risk, that a child is capable of gaining access to the firearm and that a child will use the firearm to cause death or serious bodily injury, or that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury, with exceptions. Title III: Combating Illegal Trafficking in Guns - Subtitle A: Restricting the Sources of Illegal Guns - Prohibits the sale, delivery, or transfer of: (1) two or more handguns to any single person during any 30-day period; or (2) a handgun to any single person knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. Prohibits any person from receiving more than one handgun within any 30-day period. Sets forth provisions regarding exemptions from such restrictions and penalties for violations. Increases penalties for licensees who knowingly make false statements in required records. Requires a licensee, within three days of receiving a request from the prospective transferee, to notify the national instant criminal background check system of any background check conducted within the previous 30 days that did not result in the transfer of a handgun. (Sec. 302) Prohibits a licensed importer, manufacturer, or dealer from storing firearms in their business inventory in a manner not in conformity with regulations issued by the Secretary. Directs the Secretary, in issuing such regulations, to consider the type and quantity of the firearms to be stored, as well as the standards of safety and security recognized in the firearms industry. Sets penalties for violations. Authorizes license suspension or revocation or imposition of a civil penalty of not more than $10,000 if a licensee knowingly violates this provision. Makes it a condition of licensing that within 30 days after the application is approved the firearms inventory of the business will be stored in compliance with the requirements of this section. (Sec. 303) Prohibits a common or contract carrier from failing to report to the Secretary and to the appropriate local authorities the theft or loss of a firearm within 48 hours after the theft or loss is discovered. Authorizes the Secretary to impose a civil fine of up to $10,000 for a violation. (Sec. 304) Increases the number of allowed compliance inspections of firearms dealers from one to three times a year. (Sec. 305) Sets penalties for transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence. (Sec. 306) Directs licensed importers, manufacturers, and dealers to submit to the Secretary monthly reports of all firearms obtained from non-licensees. Specifies that such information shall be reported on a form to be prescribed by the Secretary and that such reports shall not include the name of or identifying information about the firearm transferors or subsequent purchasers. (Sec. 307) Modifies provisions regarding voluntary submission of a dealer's records to allow: (1) a successor licensee, upon receipt of records, to retain the records of the discontinued business or submit them to the Secretary; and (2) a licensee to voluntarily submit the records required to be kept if such records are at least 20 years old. Subtitle B: Enhancing Penalties for Gun Trafficking - Sets penalties for violating restrictions (in subtitle A) regarding the transfer of multiple handguns. Directs the U.S. Sentencing Commission to review and amend the Federal sentencing guidelines to provide: (1) an appropriate enhancement for violation of the provisions prohibiting any person, except a licensed importer, manufacturer, or dealer, from engaging in the business of importing, manufacturing, or dealing in firearms or, in the course of such business, from shipping, transporting, or receiving any firearm in interstate or foreign commerce; and (2) additional sentencing increases, as appropriate, for offenses involving more than 50 firearms. (Sec. 309) Provides for increased penalties for certain serious recordkeeping offenses, including making false statements or furnishing false identification with respect to a fact material to the lawfulness of the sale or other disposition of a firearm or ammunition. (Sec. 310) Authorizes the Secretary to suspend the license of, or assess a civil penalty of up to $10,000 per violation by, a dealer. (Current law only provides for license revocation) (Sec. 311) Provides for termination of a dealer's license upon the date of a felony conviction. (Sec. 312) Increases penalties for violations involving transactions in firearms with obliterated serial numbers. (Sec. 313) Provides for civil and criminal forfeiture of any conveyance used or intended to be used to commit a gun trafficking offense or conspiracy to commit such an offense, and property traceable to such conveyance. (Sec. 314) Authorizes appropriations. Title IV: Strengthening the Assault Weapons Ban -Prohibits the importation of large capacity ammunition feeding devices. Title V: Combating Criminal Misuse of Firearms - Makes specified firearms-related offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 502) Increases the penalty for firearms conspiracy offenses. (Sec. 503) Makes specified firearms-related offenses, and serious juvenile drug trafficking offenses, predicate crimes under the Armed Career Criminal Act. (Sec. 505) Amends the Internal Revenue Code to provide for a five-year statute of limitations for firearms-related offenses. (Sec. 506) Provides for the civil and criminal forfeiture of firearms used or intended to be used to commit a crime of violence or a felony under Federal law. (Sec. 507) Provides for separate licenses, and license fees, for gunsmiths. Title VI: Enhanced Firearms Enforcement - Authorizes appropriations for intensive firearms prosecution projects implemented by the Department of Justice. (Sec. 602) Directs the Secretary to expand: (1) to 75 the number of city and county law enforcement agencies that, through the Youth Crime Gun Interdiction Initiative (YGCII), submit identifying information relating to all firearms recovered during law enforcement investigations, including from individuals under age 25, to the Secretary to identify the types and origins of such firearms; and (2) the resources devoted to law enforcement investigations of illegal youth possessors and users and of illegal firearms traffickers identified through YGCII, including through the hiring of additional personnel. Directs the Secretary to: (1) select cities and counties for participation in the program established under this section; and (2) establish a system through which State and local law enforcement agencies, through on-line computer technology, can promptly provide firearms-related information to the Secretary and access information derived through YCGII as soon as such capability is available. Sets forth reporting requirements. Authorizes appropriations. Title VII: Combating Criminal Misuse of Explosives - Revises explosives provisions to prohibit any person other than a licensee or permittee from knowingly transporting, shipping, causing to be transported, or receiving any explosive materials, or from distributing explosive materials to any person other than a licensee or permittee. Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to any other person who is not a licensee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Act; (2) the system provides the licensee with a unique identification number, or five business days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by such other person would violate the Act; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Sets forth provisions regarding: (1) further procedures and exceptions, penalties for violations, and Federal, State, and local government immunity for preventing or failing to prevent sales of explosive materials; and (2) remedies for erroneous denial of explosive materials. Requires an application for a license or user permit for explosive materials to include the applicant's fingerprints and photograph. Modifies Federal criminal code (code) provisions to charge the applicant a fee of up to $300 for a license and up to $100 for a permit. Sets penalties for violating the requirement for a background check for purchases of explosives. Prohibits the distribution of explosive materials to: (1) anyone who has been committed to a mental institution; (2) certain aliens; (3) anyone discharged from the armed forces under dishonorable conditions; (4) persons who have renounced their U.S. citizenship; (5) certain persons subject to a court order (such as one involving harassment, stalking, or threatening an intimate partner or their child); (6) anyone convicted of a misdemeanor crime of domestic violence; or (7) persons adjudicated delinquent. Sets forth: (1) similar restrictions regarding possession of explosives; and (2) provisions relating to aliens admitted under non-immigrant visas. (Sec. 703) Prohibits the shipment, transport, receipt, or possession of explosive materials by persons under age 21, with an exception involving commercially manufactured black powder. (Sec. 704) Exempts from: (1) Federal explosives prohibitions assembled small arms ammunition and primers not assembled into cartridges (other than bulk smokeless powder); and (2) Federal explosives prohibitions on the transportation and distribution of explosives specified quantities of commercially manufactured black powder intended for sporting or recreational use in antique firearms or devices. (Sec. 705) Authorizes appropriations.
United States · United States Congress · 11 May 1999
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: Innocent Landowner, Prospective Purchaser, and Contiguous Property Owner Liability Title III: Seller Liability Relief and State Voluntary Response Programs Community Revitalization and Brownfield Cleanup Act of 1999 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned, idled, or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. (Sec. 103) Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or developer. (Sec. 104) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties. (Sec. 105) Requires reports to specified congressional committees regarding the site assessment and loan capitalization programs. (Sec. 108) Authorizes appropriations to carry out the site assessment and loan capitalization programs and State voluntary response programs described under title III of this Act. Title II: Innocent Landowner, Prospective Purchaser, and Contiguous Property Owner Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of property acquired after April 15, 1994, to deem a person to have made appropriate inquiry into the property's previous ownership and uses only if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 202) Absolves from liability for response actions bona fide prospective purchasers or operators of a facility owned by such a purchaser to the extent liability for a release or threat thereof is based solely on ownership or operation of a facility and such persons meet other specified conditions, including notice requirements, exercise of appropriate care concerning the hazardous substances, cooperation with those conducting response actions, and lack of affiliation with liable parties. Gives a lien upon a facility to the United States for unrecovered response costs not inconsistent with the National Contingency Plan in any case in which there are such unrecovered costs for which the owner is not liable by reason of being a prospective purchaser and the action increases the fair market value of the facility. (Sec. 203) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. Title III: Seller Liability Relief and State Voluntary Response Programs - Amends CERCLA to add provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms.
United States · United States Congress · 6 May 1999
Clean Money, Clean Elections Act - Title I: Clean Money Financing of House Election Campaigns - Amends the Federal Election Campaign Act of 1971 (FECA) to add a new title V (Clean Money Financing of House Election Campaigns) under which is set forth eligibility and qualifying contribution requirements, seed money provisions, and benefits of clean money financing of election campaigns. Defines the terms "qualifying contribution" and "seed money contribution." (Sec. 102) Sets forth requirements applicable to clean money candidates regarding the following: (1) contributions and expenditures; and (2) personal funds use. Directs the Federal Election Commission (FEC) to: (1) determine whether the candidate meets the eligibility requirements; and (2) certify whether or not the candidate is a clean money candidate. Establishes in the Treasury a House of Representatives Election Fund for the FEC to deposit unspent seed money contributions, qualifying contributions, penalty amounts, and amounts appropriated for clean money financing. Requires the FEC to assess a certain civil penalty against a clean money candidate when such candidate makes an expenditure from funds other than clean money funds. Authorizes appropriations. (Sec. 103) Sets forth reporting requirements regarding certain expenditures of private money candidates. Title II: Independent Expenditures; Coordinated Political Party Expenditures - Amends FECA to set forth requirements for reporting of certain independent expenditures. (Sec. 202) Redefines the term "independent expenditure." (Sec. 203) Limits expenditures that may be made by political party committees in connection with the general election campaign of a House election in which one or more of the candidates is a clean money candidate. (Sec. 204) Requires a committee of a political party, before making coordinated expenditures in excess of $5,000 for a Federal election, to certify to the FEC that it has not and will not make any independent expenditures in connection with such campaign. Prohibits a party committee that determines to make coordinated expenditures to transfer or receive any transfer of funds in the same election cycle from any other party committee that determines to make independent expenditures in connection with the same campaign for Federal office. Title III: Voter Information - Amends the Communications Act of 1934 to entitle clean money candidates to receive specified free broadcast time. (Sec. 302) Allows clean money candidates to receive certain broadcast media rates for use of a television broadcasting station. Prohibits preemption of the use of a broadcasting station by a legally qualified candidate for Congress, except under circumstances beyond a station's control. (Sec. 303) Amends FECA to revise requirements for publication and distribution of statements and solicitations, including applying the requirements to political committees (currently applicable to any person). Sets forth: (1) political advertising provisions for print and broadcast or cablecast communications; and (2) reporting requirements for issue advertisements. (Sec. 304) Amends Federal postal law to prohibit franked mass mailings (except about a public meeting) by a Member in his or her election year, unless such Member will not be a candidate for any Federal office. Title IV: Soft Money of Political Parties - Amends FECA with respect to soft money to: (1) prohibit a national committee of a political party (including a national congressional campaign committee of a political party) from soliciting or receiving contributions or making expenditures not subject to FECA; (2) require a State, district, or local committee of a political party to make Federal election year expenditures (with exceptions) from funds subject to FECA; (3) prohibit a national, State, district, or local committee from soliciting or donating funds to a tax-exempt organization; and (4) prohibit an incumbent or candidate for Federal office, or an agent of a candidate or an incumbent, from soliciting or receiving funds not subject to FECA, or to solicit or receive funds for a non-Federal election in excess of certain limits or from prohibited sources (with exceptions for State or local candidates in compliance with State law). (Sec. 402) Establishes aggregate contribution limits for political committees established and maintained by a State committee of a political party and increases the aggregate contribution limit for any individual in any calendar year. (Sec. 403) Prescribes reporting requirements pertaining to political committees. Eliminates the exception for building funds relating to the definition of contribution. Title V: Restructuring and Strengthening of the Federal Election Commission - Revises FECA requirements for the composition and terms of FEC Commissioners. Authorizes the FEC to: (1) conduct random post election audits to ensure voluntary FECA compliance; (2) seek injunctions; and (3) expedite its procedures for certain complaints. (Sec. 504) Revises the standard for an investigation by the FEC of a violation to require the FEC to investigate a violation when it has reason to open an investigation on whether (currently, reason to believe that) a violation of FECA has been committed or is about to be committed. (Sec. 505) Revises requirements relating to the powers of the FEC to authorize it to: (1) appeal a petition for certiorari before the Supreme Court; and (2) issue a subpoena without the signature of the chairperson or the vice chairperson. (Sec. 507) Amends FECA to mandate electronic filing of FEC reports for public availability on the Internet and at FEC offices. Establishes within FEC reporting requirements specified time frames for separate, detailed notifications to the FEC and other appropriate Federal officials when any contribution is received by any political committee within a certain period of time surrounding the election. Title VI: Miscellaneous Provisions - Provides for: (1) severability of the provisions of this Act; (2) U.S. Supreme Court review of constitutional issues; and (3) the effective date of this Act.
United States · United States Congress · 6 May 1999
Directs the Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries of N,N-dicyolohexyll-2- benzothazole-sulfenamide.
United States · United States Congress · 6 May 1999
TABLE OF CONTENTS: Title I: Designation of Wilderness Areas Title II: Administrative Provisions America's Red Rock Wilderness Act of 1999 - Title I: Designation of Wilderness Areas - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin wilderness areas; (2) Zion and Mojave Desert wilderness areas; (3) Grand Staircase-Escalante wilderness areas; (4) Moab-LaSal Canyons wilderness areas; (5) Henry Mountains wilderness areas; (6) Glen Canyon wilderness areas; (7) San Juan-Anasazi wilderness areas; (8) Canyonlands Basin wilderness areas; (9) San Rafael Swell wilderness areas; and (10) Book Cliffs and Uinta Basin wilderness areas. Title II: Administrative Provisions - Directs the Secretary of the Interior to file a map and a legal description of each designated wilderness area with appropriate congressional committees. (Sec. 203) Provides that if State-owned land is included within a designated wilderness area, then the Secretary shall offer to exchange U.S. lands in the State of approximate equal value (prohibits the transfer of associated mineral interests) in accordance with the Federal Land Policy and Management Act of 1976 and the Wilderness Act. (Sec. 204) Reserves the Federal Government's rights to a quantity of water determined by the Secretary to be sufficient for each wilderness area designated by this Act. (Sec. 205) Sets forth provisions for the measurement of setbacks for roads with wilderness. (Sec. 206) Permits authorized grazing of livestock within the designated wilderness areas to continue subject to such regulations and procedures as the Secretary considers necessary, as long as they are consistent with: (1) the Wilderness Act; and (2) the Arizona Desert Wilderness Act of 1990. (Sec. 209) Withdraws such Federal land, subject to valid rights existing on the enactment of this Act, from all forms of: (1) entry, appropriation, or disposal under public law; (2) location, entry, and patent under mining law; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (Sec. 210) Authorizes appropriations.
United States · United States Congress · 6 May 1999
TABLE OF CONTENTS: Title I: State Plans for Improving Basic Programs Operated by State and Local Educational Agencies Title II: Academic Achievement Awards Program Title III: Conforming Amendments; Effective Date School Quality Counts Act - Title I: State Plans for Improving Basic Programs Operated by State and Local Educational Agencies - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise requirements for State plans under ESEA title I (Helping Disadvantaged Students Meet High Standards) part A (Improving Basic Programs Operated by State and Local Educational Agencies). (Sec. 101) Requires such State plans to demonstrate what constitutes adequate yearly progress of the State toward enabling all children in schools receiving part A assistance (part A schools) to meet the State's student performance standards. Revises the manner in which adequate yearly progress is to be defined. Directs the Secretary of Education to collect and review the information from States on the adequate yearly progress of schools and local educational agencies (LEAs) to determine State and local compliance. (Sec. 102) Adds accountability requirements. Requires State plans to assure that all part A schools annually report and disseminate: (1) to each parent or legal guardian of the student, results of all specified assessments used to measure the performance of a student attending the school, including certain information in an understandable format; and (2) to the public, overall student performance data on all such assessments, distributed to local print and broadcast media and posted on an Internet web site. (Sec. 103) Adds teacher quality provisions. Requires such State plans to assure that all part A schools annually report and disseminate: (1) to each parent of the student, information on the qualifications of their child's classroom teachers with regard to the relevant subject areas and grade levels, including certain information in an understandable format; and (2) to the public, such information in an aggregate form for each school, LEA, and the State, distributed to local print and broadcast media and posted on an Internet web site. Requires part A schools to give special parental notification to parents or guardians of any student with a teacher who has not fully met all State requirements to provide instruction at the relevant grade level and in the relevant subject areas. Requires State plans to assure, within two years after enactment of this Act, that all instructional staff who provide services to students, under part A schoolwide programs or targeted assistance schools programs, have demonstrated the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the content area or areas in which they provide instruction, according to specified criteria (qualified teacher in every classroom requirement). (Sec. 104) Authorizes LEAs, to meet such ESEA title I part A requirement of a qualified teacher in every classroom, to use funds received under: (1) ESEA title II (Dwight D. Eisenhower Professional Development Program); (2) ESEA title VI (Innovative Education Program Strategies); (3) specified provisions of the Department of Education Appropriations Act, 1999; (4) the Higher Education Act of 1965; or (5) the Goals 2000: Educate America Act. Allows LEAs to use such funds to: (1) recruit fully qualified teachers, including through the use of signing bonuses or other financial incentives; (2) collaborate with programs that recruit, place, and train qualified teachers; or (3) provide the necessary education and training, including paying the costs of college tuition and other student fees, to help current teachers or other school personnel who do not meet these criteria attain the necessary qualifications and licensing requirements. Requires an individual, in order to qualify for such college tuition payments to: (1) be within two years of completing an undergraduate degree; and (2) agree to teach for at least two subsequent years after receiving such degree in a school where, in that academic year, more than one-half of the enrollment may be counted for purposes of concentration grants to LEAs, and its LEA is eligible for ESEA title I assistance. Eliminates certain part A professional development requirements with respect to instructional aides. (Sec. 105) Prohibits the use of any ESEA funds for any professional development services for a teacher that are not directly related to the curriculum and content areas in which the teacher provides instruction. Title II: Academic Achievement Awards Program - Requires each State receiving an ESEA title I grant to establish an Academic Achievement Awards Program to recognize and reward: (1) LEAs and schools that operate schoolwide programs or targeted schools programs and demonstrate outstanding yearly progress for two or more consecutive years; and (2) teachers who provide instruction in such programs. Requires such States to reserve certain funds for such awards programs. Authorizes appropriations to supplement funds for such awards programs. Title III: Conforming Amendments; Effective Date - Sets forth conforming amendments and an effective date.
United States · United States Congress · 6 May 1999
Commends President Glafcos Clerides of Cyprus for his decision to cancel the deployment of the S-300 antiaircraft missiles in Cyprus. Urges the President of the United States to use the influence of the U.S. Government to persuade Turkey to comply with United Nations Security Council Resolutions 1217 and 1218 and to cooperate for a solution to the Cyprus problem.
United States · United States Congress · 4 May 1999
Public School Modernization Act of 1999 - Amends the Internal Revenue Code to provide: (1) a limited credit for qualified public school modernization bonds; (2) for qualified school construction bonds and qualified zone academy bonds and establish limits and allocation formulas for such bonds; and (3) corporations, a limited specialized training center credit. Amends the General Education Provisions Act to provide for the application of certain labor standards to projects financed under this Act. Amends the Workforce Investment Act of 1998 to establish provisions concerning employment and training activities related to the construction or reconstruction of public school facilities.
United States · United States Congress · 4 May 1999
Private Sector Research and Development Investment Act of 1999 - Amends the Internal Revenue Code to permanently extend and modify the research credit. Directs the Secretary of the Treasury to assist small and start-up businesses in complying with the requirements of such credit.
United States · United States Congress · 3 May 1999
Declares that the House of Representatives: (1) commends and expresses gratitude to Reverend Jesse L. Jackson, Sr. for securing the release of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone from captivity in Belgrade, Yugoslavia; and (2) joins with the people of the United States in celebrating their return to freedom.
United States · United States Congress · 29 April 1999
Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public. Instructs the President to report to Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Requires any U.S. agency, upon request by an entity created by the United Nations, the Organization of American States (or similar entity), a national truth commission (or similar entity), or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, to review, declassify, and publicly disclose any human pertinent rights records. Directs the Information Security Policy Advisory Council to report to Congress on declassification of human rights records relating to other countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act.
United States · United States Congress · 29 April 1999
Cuban Food and Medicine Security Act of 1999 - Exempts from the embargo on trade with Cuba the export of food and other agricultural products (including fertilizer), medicines, medical supplies, instruments, or equipment, or any travel incident to the delivery of such items. Declares that such exemption shall not apply to certain restrictions imposed under the Export Administration Act of 1979 or the International Emergency Economic Powers Act. Amends the Agricultural Trade Act of 1978 to direct the Secretary of Agriculture to study and report to specified congressional committees on existing U.S. agricultural export promotion and credit programs to determine how such programs can be carried out to promote the consumption of U.S. agricultural commodities in Cuba. Directs the President to report to Congress on: (1) the extent (expressed in volume and dollar amounts) of sales to Cuba of food and other agricultural products (including fertilizer), medicines, medical supplies, instruments, and equipment; (2) the types and end users of such items; and (3) whether there has been any indication that any medicines, medical supplies, instruments, or equipment exported to Cuba since enactment of this Act have been used for torture or other human rights abuses, were reexported, or were used in the production of any bio-technological product.
United States · United States Congress · 29 April 1999
Rural Teachers Recruitment Act of 1999 - Authorizes the Secretary of Education to make grants to eligible rural local educational agencies to recruit and retain qualified teachers for elementary and secondary schools. Includes among authorized uses of such teacher incentive program funds: (1) salary increases; (2) reimbursement for teacher certification and relocation expenses; and (3) assistance to pay college and graduate school tuition and training expenses. Authorizes appropriations.
United States · United States Congress · 29 April 1999
Made in USA Label Defense Act of 1999 - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a product of the Northern Mariana Islands. Prohibits such products from being imported into the United States free of duty or quotas.
United States · United States Congress · 29 April 1999
Make College Affordable Act of 1999 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Limits such deduction based on modified adjusted gross income.
United States · United States Congress · 29 April 1999
Class Size Reduction and Teacher Quality Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. Authorizes appropriations. Sets forth program requirements for: (1) allotments to States; (2) within-State allocations;(3) local uses of funds; and (4) cost-sharing.
United States · United States Congress · 29 April 1999
Amends the Internal Revenue Code to restore and make permanent the exclusion from gross income for amounts received under qualified group legal services plans.
United States · United States Congress · 28 April 1999
TABLE OF CONTENTS: Title I: Northeast Interstate Dairy Compact Title II: Southern Dairy Compact Dairy Consumers and Producers Protection Act - Title I: Northeast Interstate Dairy Compact - Amends the Agricultural Market Transition Act to include Maryland, New Jersey, and New York within the Northeast Interstate Dairy Compact. Includes Ohio among the additional States that may join such Compact, and eliminates Virginia from such group. Eliminates and revises specified provisions regarding Compact implementation, duration, restricting authority, and Commodity Credit Corporation compensation. Title II: Southern Dairy Compact - States that Congress consents to the Southern Dairy Compact entered into by Alabama, Arkansas, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia. Includes Florida, Georgia, Missouri, Oklahoma, Kansas, and Texas as additional States that may join such Compact. Limits price regulatory authority to Class I fluid milk unless otherwise consented to by Congress. Provides for Commodity Credit Corporation compensation. Sets forth the Southern Dairy Compact.
United States · United States Congress · 28 April 1999
Patent Fairness Act of 1999 - Amends Federal law to require, if the Commissioner of Patents and Trademarks determines that certain standards are met, restoration of the term of any patent, in force on September 24, 1984, and on the filing date of a patent term restoration application under this Act, that claims: (1) a drug product; (2) a method of using a drug product; or (3) a method of manufacturing a drug product. (Sec. 2) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; and (2) the absence of substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, after specified adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Provides for: (1) claim determination procedure; (2) interim restoration of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1)$1 million; or (2) $500,000 for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $5 million to persons submitting new drug applications; or (2) $2.5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act.
United States · United States Congress · 28 April 1999
Retirement Accessibility, Security, and Portability Act of 1999 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Amends the Internal Revenue Code (IRC) to allow a tax credit for qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. Limits the amount of such credit to: (1) $1,000 for the first credit year; (2) $500 for each of the two taxable years immediately following the first credit year; and (3) zero for any other taxable year. (Sec. 102) Provides for an exclusion from an employee's gross income of payroll deduction contributions to individual retirement accounts (IRAs). (Sec. 103) Provides for a nonrefundable tax credit for contributions to individual retirement plans. (Sec. 104) Allows the use, without penalty, of distributions from certain plans during periods of unemployment. Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts - Establishes a defined benefit plan option for small businesses, to be known as secure money annuity or retirement (SMART) trusts. Subtitle C: Improved Fairness in Retirement Plan Benefits - Amends the IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to fiduciary duties in the case of such accounts. (Sec. 122) Amends the IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 123) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. (Sec. 124) Includes multiemployer plans, as well as governmental plans, under specified provisions of IRC for: (1) special limitation rules relating to compensation limits; and (2) exemptions for survivor and disability benefits. (Sec. 125) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 126) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 127) Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 128) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 129) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. Title II: Security - Subtitle A: General Provisions - Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC section 401(k) plans. (Sec. 203) Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 204) Directs the Secretary to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 205) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 206) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 207) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 208) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 209) Directs the Secretary to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to change from mandatory to discretionary the Secretary's authority to impose certain civil penalties for breach of fiduciary responsibilities. (Sec. 212) Revises reporting and enforcement requirements for employee benefit plans. Requires plan administrators and accountants to notify the Secretary: (1) of specified irregularities; and (2) upon termination of the accountant. Authorizes the Secretary to impose civil penalties for failure to make such notifications. (Sec. 213) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 214) Directs the Inspector General of the Department of Labor to study, and report to Congress and the Secretary on, the need for regulatory standards and procedures to authorize the Secretary, in appropriate cases, to prohibit persons from serving as qualified accountants for purposes of specified annual reports. Subtitle C: Increase in Excise Tax on Employer Reversions - Amends the IRC to increase the excise tax on reversions of qualified employee benefit plan assets to employers. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC section 401(k) plans. (Sec. 303) Amends ERISA and the IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. (Sec. 305) Allows rollovers from and to the IRC section 403(b) plans (annuities purchased for employees by a tax-exempt organization or public school). (Sec. 306) Amends the IRC to set forth requirements relating to rollover contributions from deferred compensation plans of State and local governments. (Sec. 307) Extends the IRC 60-day rollover period in the case of presidentially declared disasters and service in combat zones. (Sec. 308) Excludes from gross income, for certain IRC purposes, amounts involved in a direct trustee-to-trustee transfer to a defined benefit governmental plan, if such transfer is for: (1) purchase of service credit under such plan; or (2) a specified type of repayment. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. Provides for the employee's right to know of the opportunity for elective contributions under IRC section 401(k) plans. (Sec. 402) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. (Sec. 403) Amends the Social Security Act to modify the government pension offset with respect to certain insurance benefits for wives, husbands, widows, widowers, and mothers and fathers. (Sec. 404) Amends the IRC and ERISA to treat periods of family and medical leave, under the Family and Medical Leave Act of 1993, as hours of service for purposes of pension participation and vesting. (Sec. 405) Amends the IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 406) Amends the IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 407) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 422) Requires spousal consent for distributions from the IRC section 401(k) plans. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 28 April 1999
Early Treatment for HIV Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of providing Medicaid coverage for certain low-income HIV-infected individuals.
United States · United States Congress · 28 April 1999
FERS Buyback Act of 1999 - Amends Federal law concerning Government organization and employees to make certain temporary Federal service creditable for retirement purposes. Sets forth provisions relating to persons who have separated from Government service.
United States · United States Congress · 28 April 1999
Real Estate Investment Trust Modernization Act of 1999 - Title I: Treatment of Income and Services Provided by Taxable REIT Subsidiaries - Excludes taxable REIT subsidiaries (TRSs) from the five and ten percent asset tests. Allows TRSs to provide non-customary tenant services. Allows a REIT to establish a TRS (as defined). Includes in the definition of "disqualified interest" (Sec. 163 of the IRC) any interest paid or accrued by a TRS to the REIT. Imposes a 100 percent tax on any interest payments by a TRS to the REIT in excess of the commercially reasonable interest rate. Title II: Health Care REITs - Includes within the definition of the term "foreclosure property" any qualified health care property acquired by a REIT as the result of the termination of a lease of such property. Title III: Conformity With Regulated Investment Company Rules - Changes the distribution requirement from 95 percent to 90 percent. Title IV: Clarification of Definition of Independent Contractor - Provides, with respect to the definition of an independent contractor, that in the event that any class of stock of is regularly traded on an established securities market, only owners who own, directly or indirectly, more than five percent of such class of stock shall be taken into account as owning any of the stock of such class for purposes of applying the 35 percent limitation. Title V: Modification of Earnings and Profits Rules - Provides rules for determining whether a Regulated Investment Company (RIC) has earnings and profits form a non-RIC year.
United States · United States Congress · 21 April 1999
Mental Health and Substance Abuse Parity Amendments of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit group and individual health plans from imposing treatment limitations or financial requirements on the coverage of mental health benefits, or substance abuse and chemical dependency benefits, if similar limitations or requirements are not imposed on medical and surgical benefits. Amends the Health Insurance Portability and Accountability Act of 1986 to provide for coordination in implementation of such amendments.
United States · United States Congress · 20 April 1999
Trade Adjustment Assistance Reform Act of 1999 - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor for FY 1999 through 2004 for trade adjustment assistance (TAA) for workers. (Sec. 2) Repeals the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program (effectively eliminating TAA for workers under such program). (Sec. 3) Revises requirements for the filing of petitions for TAA for a group of workers adversely affected by imports. Authorizes employers of such workers, one-stop career centers, or State employment agencies to file on their behalf with the Governor of the State (currently, with the Secretary of Labor) a petition for certification of eligibility for such assistance. Requires the Governor to: (1) transmit the petition to the Secretary immediately; (2) ensure that rapid response assistance and basic readjustment services are made available to the workers; and (3) assist the Secretary in the review of the petition. Requires the Secretary to review such a petition for certification of eligibility within 40 days (currently, 60 days) of its filing. (Sec. 4) Adds as a factor in the Secretary's determination of the eligibility of a group of workers for TAA any shift in production by such workers' firm to a foreign country of articles like or directly competitive with articles produced by such firm. (Sec. 5) Directs the Secretary to collect and maintain certain information with respect to certifications of TAA. (Sec. 6) Revises enrollment in training requirements with respect to the payment of TAA to adversely affected workers to set forth certain time periods during which such enrollment must occur. Authorizes the Secretary to issue a statement to a worker waiving the enrollment in training requirements if it is determined that such training requirement is not feasible or appropriate for the worker, based on specified factors. (Sec. 8) Increases from 14 to 30 the number of days an adversely affected worker may have a scheduled break in a training program and still be treated as participating in the program for purposes of TAA eligibility. (Sec. 9) Increases the total annual amount of payments for worker training from $80 million to $150 million for any fiscal year. (Sec. 11) Authorizes the Secretary to secure for adversely affected workers certain employment services, including services provided through one-stop career centers. Provides for the coordination of employment services for adversely affected workers under the Job Training Partnership Act and the Workforce Investment Act of 1998. (Sec. 12) Authorizes an adversely affected worker to file an application with the Secretary for the provision of supportive services, including transportation, child and dependent care, and other similar services. Sets forth specified conditions with respect to such services. (Sec. 14) Makes unappropriated Treasury funds available in any fiscal year that TAA funds become exhausted. (Sec. 15) Authorizes appropriations to the Department of Labor for FY 1999 through 2004 for TAA for firms. (Sec. 16) Establishes the Presidential Commission on Workers and Economic Change in the New Economy to study and report to the President and the Congress on matters relating to economic dislocation and worker adjustment to such dislocations. Authorizes appropriations.
United States · United States Congress · 20 April 1999
Family Reunification Act of 1999 - Amends the Immigration and Nationality Act to revise the conditions under which the Attorney General may cancel the removal of certain aliens from the United States, including cancellation of removal for humanitarian or public benefit reasons for certain aliens convicted of aggravated felonies. Subjects such judgments to judicial review. Directs the Attorney General to establish processes for discretionary waiver of inadmissibility or deportation for certain aliens who would otherwise be subject to exclusion or deportation. Subjects such judgments to judicial review.
United States · United States Congress · 20 April 1999
Welfare-to-Work Amendments of 1999 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise requirements for welfare-to-work grants for welfare-to-work States. Includes among such revisions the following major changes: (1) extending and reauthorizing the Welfare-to-Work (WtW) program through FY 2000 at reduced levels; (2) changing State mandates to options to expend funds for hard-to-employ recipients and noncustodial parents for whom separate expanded categories of eligibility criteria for WtW services have been created; (3) authorizing WtW services for children aging out of the foster care system; (4) establishing a new minimum level of State expenditures for noncustodial parents for FY 2000; (5) requiring additional specified elements for the State's plan for consideration of the State as a WtW State; (6) replacing requirements for the reversion of unallotted formula funds to the General Fund of the Treasury with requirements for the transfer of unallotted formula funds for use in FY 2000 or 2001 for awarding competitive grants; (7) adding requirements for eligible service providers; (8) modifying requirements for performance bonuses, including set-aside provisions; (9) increasing the reserve for WtW grants for Indian tribes for FY 2000; (10) establishing a reserve for funding technical assistance for entities carrying out WtW projects and modifying the current funding reserves for WtW and abstinence education evaluations; and (11) including job skills training, vocational educational training, and basic education as allowable WtW activities to move individuals into and keep them in lasting unsubsidized employment. Revises requirements for reports to Congress on evaluation of WtW programs. Directs the Secretary of Labor to establish reporting requirements for the collection and maintenance of financial and WtW program participant information.
United States · United States Congress · 15 April 1999
National Y2K Test Day Act - Requires that all Federal agencies that have responsibilities with respect to health, safety, payments to individuals, delivery of services to consumers, and national defense issues participate, and all State, local, or private agencies or organizations having responsibilities with respect to those issues be encouraged to participate in: (1) a National Y2K Test Day on July 1, 1999, to test the readiness of mission critical computer systems in those areas for January 1, 2000, and to provide advance notice of problems that may occur on such day with such computer systems, with the interoperation of such computer systems, or both; and (2) a Y2K Disclosure Day on August 16, 1999, to disclose the readiness of such computer systems in those areas for January 1, 2000, and to disclose advance notice of problems that may occur on such day with such computer systems, with the interoperation of such computer systems, or both.
United States · United States Congress · 15 April 1999
Models of Safety and Health Excellence Act of 1999 - Directs the Secretary of Labor to establish and carry out voluntary protection programs to promote and recognize the achievement of worksites that demonstrate excellence in workplace health and safety. Authorizes the Secretary, in limited situations, to alter program application requirements to include nonstandard worksites such as short-term construction sites and mobile worksites. Directs the Secretary to encourage: (1) program participants to share occupational safety and health expertise with other employers; (2) the participation of small business in the programs, through outreach and assistance initiatives and program requirements that address the needs of small businesses. Authorizes the Secretary to provide for development of equivalent programs in State-plan States (under the Occupational Safety and Health Act of 1970 (OSHA)). Sets forth program requirements for applications, on-site evaluations, information, and reevaluations. Exempts worksites participating in the program from inspections or investigations under OSHA, except inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. Requires decisions regarding acceptance into, and continued participation in, the program to be based on the applicant's superior safety and health performance, as determined by, and in the sole discretion of, the Secretary or the Secretary's authorized representatives.
United States · United States Congress · 15 April 1999
Employee Ownership Act of 1999 - Declares the policy of the United States that, by the year 2010, 30 percent of all U.S. corporations shall be owned and controlled by their employees. (Sec. 3) Amends the Internal Revenue Code to provide for tax-exempt employee-owned and employee-controlled corporation (EOECC) trusts whose primary assets consist of the employer securities of an EOECC in which: (1) more than 50 percent of the voting stock is held by a trust for the benefit of the corporation's employees; (2) in all matters requiring the vote of stock, including the election of the corporate board of directors, the trustee of such trust is obligated to vote the stock held in trust and allocated to participants in the trust in the manner in which the participants direct, on the basis of one-employee one-vote (and vote any stock not so allocated as if it were so allocated); (3) at least 25 employees of such corporation are participants in and beneficiaries of such trust; (4) a minimum of 90 percent of the employees who work at least 1,000 hours annually for such corporation are participants in such trust; and (5) the trustee administers the trust for the benefit of the corporation's employees, complying with all Code requirements for employee stock ownership plans which pertain to independent appraisal of shares not readily tradable, and distribution of those shares. Declares that: (1) there shall be no tax on the corporate income of an EOECC; and (2) the gross income of an employee owner shall not include any proceeds from the qualified sale of EOECC securities. Exempts from inclusion in gross income of property transferred in connection with performance of services any transfer (in lieu of compensation) of EOECC securities during the three years following a corporation's election to become an EOECC. Mandates nonrecognition of gain in the case of the sale or transfer of EOECC securities to an EOECC trust. Establishes a credit against the estate tax for the amount of EOECC securities considered to have been acquired from or to have passed from a decedent to an EOECC trust. (Sec. 4) Directs the Comptroller General to study and report to Congress on Federal regulations and policies affecting EOECCs. (Sec. 5) Directs the President to establish a Presidential Commission on Employee Ownership to study and report on all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses.
United States · United States Congress · 15 April 1999
Tax Deduction Fairness Act of 1999 - Amends the Internal Revenue Code to allow a taxpayer to elect, when itemizing, to deduct State and local general sales taxes in lieu of State and local income taxes. Limits such deduction to a tax imposed at one rate in respect of the sale at retail of a broad range of classes of items (including food, clothing, medical supplies, and motor vehicles).
United States · United States Congress · 14 April 1999
Individual Tax Simplification Act of 1999 - Title I: Simplification Relating to Nonrefundable Personal Credits - Amends the Internal Revenue Code to repeal the interaction of the alternative minimum tax with the partially refundable child care tax credit. (Sec. 102) Replaces the current three ranges for phaseout of the adoption, child, and Hope and Lifetime Learning tax credits with a single, uniform phaseout of such credits. Title II: Simplification of Capital Gains Tax - Mandates a deduction from gross income of 38 percent of a net capital gain for any taxable year for a taxpayer other than a corporation. Title III: Repeal of Certain Hidden Marginal Rate Increases; Repeal of Individual Minimum Tax - Subtitle A: Repeals - Repeals the overall limitation on itemized deductions, the phaseout of personal exemptions, and the alternative minimum tax on individuals. Subtitle B: Revenue Offsets - Establishes an additional income tax on a sliding scale from: (1) one percent for adjusted gross incomes in excess of $120,000 on a joint return; up to (2) 2.08 percent for income greater than $150,000 (where the minimum tax exemption begins to phase out under this Act). (Sec. 312) Increases the floor on miscellaneous itemized deductions from two percent to four percent for adjusted gross incomes greater than $100,000.
United States · United States Congress · 13 April 1999
National Forest Protection and Restoration Act of 1999 - Prohibits commercial logging and timber sales (with specified exceptions) on Federal public lands, with a two-year phase-out for existing contracts. Provides for payment of relinquished contracts. Authorizes appropriations. Directs the Secretaries of Agriculture and the Interior to each establish a National Heritage Restoration Corps to restore such lands to their natural pre-logging condition. Provides for worker retraining of eligible persons whose jobs have been lost due to terminated timber and logging contracts. Authorizes the Secretary of Labor to make training grants, including grants for job search and relocation. Sets forth fund allocation provisions, including amounts for an Environmental Protection Agency investigation of non-wood paper and construction alternatives.
United States · United States Congress · 12 April 1999
Amends the Internal Revenue Code to reduce from $18 to $9 (its pre-1991 level) the per-barrel tax on beer.
United States · United States Congress · 25 March 1999
Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.
United States · United States Congress · 25 March 1999
Quality Health-Care Coalition Act of 1999 - Entitles any health care professionals negotiating with a health plan regarding contract terms under which they provide health care items or services for which plan benefits are provided to the same treatment under antitrust laws as that accorded to a collective bargaining unit recognized under the National Labor Relations Act.
United States · United States Congress · 25 March 1999
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Remedy Selection Title V: General Provisions Title VI: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: Extension of Hazardous Substance Superfund Recycle America's Land Act of 1999 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Authorizes appropriations. (Sec. 103) Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 2000 through 2004 for such assistance. (Sec. 104) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the National Priorities List (NPL) at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action against any person who is conducting or has completed a response action in compliance with State law. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. (Sec. 105) Requires the President to defer listing a facility on the NPL if: (1) long-term remedial action will be conducted under other Federal authorities; (2) remedial action that will provide long-term protection of human health and the environment is underway at that facility under a State response program; or (3) at a State's request, the State is attempting to obtain an agreement from a person to perform a remedial action under a State response program. Authorizes the President to place a facility described in (3) above on the NPL if, after one year, the President finds that the State is not making reasonable progress toward obtaining an agreement. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 202) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 203) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 205) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 206) Directs the Administrator to submit to Congress a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian reservations or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. Prohibits Federal agencies with authority to use the imminent hazard, enforcement, and emergency response authorities under provisions governing abatement actions from using such authorities with respect to releases for which they are potentially responsible parties (PRPs). (Sec. 303) Absolves of liability for response costs and damages certain owners or operators, including persons who inherited the property concerned and government entities that acquired property involuntarily, or through eminent domain or the granting of a license or permit to conduct business, if such persons: (1) acquired the affected facility after the disposal or placement of the hazardous substance for which liability is alleged; (2) did not cause or contribute to the hazardous substance release; and (3) exercised appropriate care with respect to such substance. Limits liability for owners or operators who meet such conditions and received the property as a charitable donation. Exempts from liability: (1) owners or operators of rights-of-way over which hazardous substances are transported if such persons did not cause or contribute to the release concerned; (2) railroad owners or operators of spur tracks whose tracks meet specified conditions and who did not cause or contribute to the release concerned; and (3) construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised appropriate care with respect to such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. Makes applicable to tribal governments an exemption from liability for States or local governments for costs or damages resulting from actions taken in response to an emergency created by a release generated by a facility owned by another person. Expands such exemption to include actions to improve water quality protection at abandoned mine sites and adjacent lands owned by others if such actions are taken in accordance with a Federal or State-approved response action. Excludes certain contiguous property owners from the definition of "owner or operator" for purposes of creating an exemption to liability. (Sec. 306) Exempts certain small business concerns from liability under provisions governing arrangement, acceptance, or transport of hazardous substances for response costs or damages at an NPL facility with respect to actions taken before March 25, 1999. Provides an additional exemption from liability under such provisions if the materials that were arranged or transported for disposal at the NPL facility consist of municipal solid waste (MSW) or sewage sludge. Absolves municipalities that participate in a qualified household hazardous waste collection program from liability under such provisions, with respect to actions taken 36 months after this Act's enactment date, for the arrangement or transport of materials consisting of MSW or sewage sludge to an NPL facility. Limits liability response costs for facilities that received MSW, were proposed for NPL listing before March 25, 1999, are owned by municipalities, and are not subject to certain criteria for solid waste landfills under the Solid Waste Disposal Act. Requires the Hazardous Substance Superfund (Superfund) to assume the liability for certain exempt parties or those subject to limited liability for releases from NPL facilities. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 307) Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 308) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 309) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party, other than a small business, pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. Absolves a party of liability if the President does not make a settlement offer within the later of 180 days of determining that such party is eligible for an expedited settlement or of this Act's enactment date. (Sec. 310) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from general liability under CERCLA. Deems transactions involving recyclable materials that consist of scrap plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving recyclable materials that consist of scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving recyclable materials that consist of spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving recyclable materials that consist of used oil to be arranging for recycling if the person involved did not mix such materials with a hazardous substance following the removal of the oil from service and demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material (or product made from the material) could have been a replacement for a virgin raw material; (3) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; and (4) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. (Sec. 311) Sets forth provisions regarding an allocation process to determine equitable shares of liability for costs of performing response actions. Makes an action eligible for allocation if: (1) the performance of such action is not the subject of a consent decree or an administrative order as of March 25, 1999; and (2) the President's estimate of the cost of such action exceeds $2 million. Sets forth requirements for the President in initiating the allocation process. Stays litigation of eligible actions until 150 days after the issuance of the allocator's report unless the court determines that a stay will result in manifest injustice. Grants the court jurisdiction to ensure that a neutral allocator is selected. Authorizes the President to initiate an allocation for any response action. Requires the President to provide an estimate of the aggregate Superfund share prior to selection of an allocator and to offer to contribute to a settlement of liability on the basis of such estimate. Entitles the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth procedures for the allocation of response costs to Superfund by the allocator. Divides unattributable shares pro rata among the PRPs and Superfund. Sets forth requirements for accepting settlements based on allocations. Makes such requirements inapplicable if the Administrator and the Attorney General reject the allocation report. Sets forth conditions under which parties who satisfactorily perform work under an administrative abatement action order with respect to a remedial action for which an allocation is required shall be entitled to reimbursement for the costs of work performed in excess of the share allocated. Title IV: Remedy Selection - Revises provisions regarding general rules for remedy selection. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Lists factors to be balanced by the President in selecting an appropriate remedy. Requires the President to give preference to remedies that include a treatment component for facilities with source materials that constitute a principal threat. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at NPL facilities. (Sec. 402) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property and persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 403) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on an analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Title V: General Provisions - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 503) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the President from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. (Sec. 505) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 506) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 507) Requires the Congressional Budget Office to conduct and submit to Congress a study of the potential costs to the Federal Government over the next 20 years from Federal liability for natural resource damages under CERCLA. (Sec. 508) Provides that CERCLA liability provisions shall not be construed to preempt any claims under State law for contribution to or recovery of costs of responding to releases of hazardous substances. Title VI: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 602) Authorizes appropriations to Superfund for FY 2000 through 2004. Subtitle B: Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1999, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Lowers the amount of the unobligated Superfund balance required for a suspension of collection of tax on petroleum under environmental tax provisions.