United States · United States Congress · 26 May 1999
Asthma Awareness, Education and Treatment Act of 1999 - Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private entities for carrying out projects to provide for individuals in low-income communities: (1) screenings and referrals regarding asthma, allergies, and related respiratory problems; (2) information and education regarding such conditions; and (3) workshops regarding such conditions for specified individuals who serve in supervisory roles of children in such communities. Outlines requirements for such projects. Authorizes appropriations for FY 2000 through 2004. Authorizes the Secretary to award contracts for a national media campaign to provide to the public and health care providers information on such conditions, with priority given to the occurrence of such conditions in children. Authorizes appropriations. Amends the Internal Revenue Code to provide a tax credit, effective as of January 1, 2000, to providers of pest control or climate control services who donate such services in any public housing or low-income multifamily residential rental property. Directs the Secretary to conduct research to determine whether and to what extent there is a causal relationship between air pollutants and the occurrence of such conditions, requiring priority to be given to clinical evaluations of low-income individuals. Requires the Director of the National Heart, Blood, and Lung Institute to: (1) identify all Federal programs that carry out asthma-related activities; (2) develop a Federal plan for responding to asthma; and (3) submit recommendations to Congress on strengthening the coordination of Federal asthma-related activities. Authorizes appropriations. Requires the Director of the Centers for Disease Control and Prevention to: (1) conduct local asthma surveillance activities in order to collect asthma prevalence, severity, and management data; and (2) compile and annually publish data on the prevalence of children suffering from asthma in each State, as well as the childhood asthma mortality rate nationally and in each State.
United States · United States Congress · 26 May 1999
Constitutional Protection of the Right to Vote Act - Guarantees the right to vote of a citizen convicted of a criminal offense unless such citizen is, at voting time, serving a felony sentence in a correctional institution or facility or is otherwise under the supervision of, or in the custody of, a governmental authority pursuant to that conviction. Requires each such confinement entity to establish and execute a system to notify persons released of their right to vote protected by this Act.
United States · United States Congress · 25 May 1999
Health Information Privacy Act - Title I: Protection of Health Information - Provides that use of protected health information by health information custodians (HICs) shall protect the reasonable expectation of privacy of protected individuals and shall be in accordance with fair information practices. Sets restrictions on such use and on disclosure. Requires an HIC to limit use of protected health information to the minimum amount and duration necessary to accomplish the use. Establishes the following: (1) standards for authorizations for use and disclosure; and (2) safeguards against misuse and prohibited disclosures, requiring an HIC to consider providing additional protections for mental health and other especially sensitive protected health information, as appropriate. Title II: Rights of Protected Individuals - Grants protected individuals the right to the following: (1) a reasonable opportunity to inspect and copy protected health information maintained by an HIC; (2) a reasonable opportunity to correct or amend protected health information maintained by an HIC; (3) a reasonable opportunity to review a history of the disclosures of protected health information about the individual made by an HIC: and (4) notice of the information practices of HICs and a reasonable opportunity to seek limitations on the use and disclosure of protected health information in addition to the limitations provided in such practices. Title III: Permissible Disclosures of Protected Health Information - Allows an HIC to disclose protected health information, without obtaining an authorization under title I of this Act, for the purpose of providing health care to an individual or paying for health care so provided. Prohibits HIC disclosure without such authorization to a health care payer, however, of protected health information created or received in the course of providing such care to an individual who pays for it himself or herself. (Sec. 302) Permits an HIC to disclose protected health information for the purpose of health oversight, without obtaining such an authorization. Requires the Secretary to permit an HIC to disclose protected health information to Federal, State, and local agencies (or affiliated persons) authorized by law to investigate, regulate, enforce laws relating to, or license, certify, or accredit persons engaged in, the provision of, or payment for, health care. (Sec. 303) Authorizes an HIC to disclose protected health information without obtaining such an authorization: (1) to a public health authority for public health purposes in disease or injury reporting, surveillance, or investigation or intervention; and (2) for health research. (Sec. 304) Requires the Secretary to promulgate regulations that, among other things, and at a minimum require a person conducting health research to remove or destroy personal identifiers at the earliest opportunity consistent with the purpose of the research, unless it is determined otherwise that there is a health or research justification for retention of such identifiers and that they will be protected from improper use and disclosure. (Sec. 305) Authorizes an HIC to disclose protected health information to a law enforcement official for an appropriate inquiry if such official complies with the Fourth Amendment to the U.S. Constitution. (Sec. 306) Sets forth provisions on judicial or administrative proceedings and disclosure of protected health information. (Sec. 307) Authorizes other specified disclosures without authorization, such as where it is necessary to prevent or lessen a serious threat to an individual's health or safety. (Sec. 308) Authorizes an HIC who receives protected health information through a disclosure under this title to redisclose it to carry out the purposes for which the information was disclosed to the HIC. Prohibits protected health information received by an HIC through a disclosure under this title from being disclosed to any person for use in any administrative, civil, or criminal action or investigation directed against the protected individual who is the subject of the information, except under specified conditions. Title IV: Miscellaneous Provisions - Outlines various provisions pertaining to: (1) minors; (2) individuals exercising power of attorney to act for protected individuals; (3) deceased individuals; (4) obtaining or disclosing protected health information from an HIC or an affiliated person under false pretenses; (5) prohibiting on-the-job retaliation against an individual for reporting to a governmental agency conditions that may constitute a violation of this Act; and (6) mental health and other especially sensitive information (allowing the Secretary to limit an individual's access to his or her mental health information under certain conditions). (Sec. 405) Provides that nothing in this Act shall be construed to preempt, supersede, or modify the operation of the recent legally recognized psychotherapist-patient privilege. (Sec. 406) Requires the Secretary to promulgate regulations to ensure the reasonable expectation of privacy of protected individuals in protected health information is maintained when HICs cease operations. (Sec. 407) Amends the Federal Privacy Act of 1974 to generally conform with the amendments made by this Act. Title V: General Provisions - Directs the Secretary to promulgate implementing regulations for this Act, including, at the Secretary's discretion, any necessary to protect the privacy of individually identifiable health information that is not protected health information. (Sec. 501) Authorizes the Secretary to: (1) sponsor or carry out research and development activities related to the protection of the privacy of individually identifiable health information; (2) sponsor or carry out activities to inform protected individuals of their rights, or other persons of their rights or responsibilities, under this Act; and (3) hold hearings, administer oaths, and perform a variety of other specified tasks to ensure compliance with this Act or otherwise further its purposes. (Sec. 502) Outlines enforcement provisions, from allowing the Secretary to bring an action in an appropriate court to enjoin a violation of this Act, to providing for civil money and criminal penalties as well as civil actions. (Sec. 503) Provides that this Act shall not preempt, supersede, or modify the operation of: (1) any Federal, State, or local law that provides greater protection of protected health information or more rights to protected individuals regarding such information; or (2) any law that provides for the reporting of vital statistics such as birth or death information, that requires the reporting of abuse or neglect information or other information relating to violence against an individual, and other specified laws such as the Americans with Disabilities Act of 1990.
United States · United States Congress · 25 May 1999
Father Theodore M. Hesburgh Congressional Gold Medal Act - Authorizes the President to present, on behalf of Congress, a congressional gold medal to Father Theodore M. Hesburgh in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.
United States · United States Congress · 25 May 1999
Home Health Access Preservation Act of 1999 - Directs the Secretary of Health and Human Services, subject to certain restrictions, to pay an additional amount, determined in accordance with specified guidelines, to home health agencies furnishing qualified home health services during a cost reporting period beginning on or after October 1, 1997, under the Medicare program (title XVIII of the Social Security Act). Authorizes appropriations. Prohibits the Secretary from making additional payments under this Act for all or portions of cost reporting periods beginning on or after the date of the implementation of the prospective payment system (PPS) for home health services under Medicare. Bars judicial review with regard to any action of the Secretary with respect to the determination of an additional payment under this Act. Addresses overpayments to home health agencies, giving them a repayment option over a 36-month period, and prohibiting interest accrual on the outstanding balance of the overpayment amount during such period. Prohibits home health agencies from electing to make such a repayment for all or portions of cost reporting periods beginning on or after the date of the implementation of the PPS for home health services under Medicare. Makes the repayment option effective retroactively to the enactment of the Balanced Budget Act of 1997. Directs the Secretary to meet periodically with the staff of the appropriate congressional committees to provide an informal update regarding the Secretary's progress in implementing such PPS.
United States · United States Congress · 25 May 1999
Amends Federal law to require the Postal Service to establish a special rate of postage for first class mail that is up to 25 percent higher than the regular rate as a voluntary alternative that the public may use to contribute to funding for Alzheimer's disease research. Requires payment of collected amounts to the National Institutes of Health (NIH). Expresses the sense of Congress that nothing in this Act should: (1) cause a net decrease in total funds received by NIH below the level that would have otherwise been received but for this Act's enactment; or (2) affect first-class or other regular postage rates.
United States · United States Congress · 20 May 1999
International Prescription Drug Parity Act - Amends the Federal Food, Drug, and Cosmetic Act to require manufacturers of certain drugs manufactured and domestically approved and then exported, or domestically approved and manufactured in a registered foreign establishment, to: (1) maintain specified shipment compliance and labeling records; and (2) make such records available to U.S. importers. Directs the Secretary of Health and Human Services to establish related criteria to facilitate the U.S. importation of such drugs.
United States · United States Congress · 20 May 1999
Health Care Worker Needlestick Prevention Act - Directs the Secretary of Labor, acting through the Occupational Safety and Health Administration (OSHA), to amend the bloodborne pathogens standard to require that: (1) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (2) non-managerial direct care health care workers of employers participate in the identification and evaluation of such systems and sharps. Provides an exemption where an employer demonstrates that needleless systems and sharps: (1) do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure under certain circumstances in the employer's work facility; or (2) are not commercially available to the employer. (Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps. (Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to health care workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations. (Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation.
United States · United States Congress · 20 May 1999
Border Patrol Recruitment and Retention Act of 1999 - Provides for an increase to the GS-11 grade of Border Patrol agents who have completed one year of service at a GS-9 grade and who have a fully successful performance rating. Directs the Commissioner of the Immigration and Naturalization Service (INS) to establish an Office of Border Patrol Recruitment and Retention within the INS to: (1) develop outreach programs to identify and recruit prospective Border Patrol agents; (2) develop programs to retain such agents; and (3) submit recommendations to the Commissioner relating to such agents' pay and benefits. Requires the Commissioner to report to Congress on the Office's establishment and activities. Authorizes appropriations.
United States · United States Congress · 20 May 1999
Expresses the sense of Congress that the 30th Anniversary of the first lunar landing should be a day of celebration and reflection on the Apollo-11 mission to the moon and the accomplishments of the Apollo program throughout the 1960's and 1970's.
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
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 · 17 May 1999
Unemployment Compensation Amendments of 1999 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) repeal certain State law requirements under the extended unemployment compensation benefit program; (2) establish certain mandatory triggers based on total unemployment; (3) revise requirements for supplemental benefits during high unemployment periods; and (4) modify provisions for alternative triggers that States may establish. Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.
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
Clinical Research Enhancement Act of 1999 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as Mentor Patient-Oriented Research Career Development Awards); (3) support individual clinical research projects at general clinical research centers or other institutions (to be known as Mid-Career Investigator Awards in Patient-Oriented Research); and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations. (Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions. Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions. (Sec. 7) Directs the Comptroller General to report to Congress on the extent to which the NIH has complied with requirements of this Act.
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 · 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
Medicare Rehabilitation Benefit Equity Act of 1999 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) exempt certain beneficiaries from the financial limitations on physical, speech-language pathology, and occupational therapy services under Medicare part B; and (2) establish a system of variable durational limitations for such beneficiaries based on their classification according to diagnostic category and severity of diagnosis.
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
Expresses the sense of the House of Representatives that Federal laws regarding health care provision must allow women direct access to health care professionals who specialize in obstetrics and gynecology.
United States · United States Congress · 4 May 1999
Children's Health Insurance Accountability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to establish standards for the health quality improvement of children in managed care plans and other health plans. (Sec. 4) Directs the Secretary of Health and Human Services to study and report to Congress on: (1) the unique characteristics of patterns of illness, disability, and injury in children; (2) the development of measures of quality of care and outcomes related to the health care of children; and (3) the access of children to primary mental health services and the coordination of managed behavioral health services. Requires the Comptroller General to study and report to specified congressional committees on: (1) an assessment of the structure and performance of non-governmental health plans, Medicaid managed care organizations, and specified plans and programs under the Social Security Act, serving the needs of children with special health care needs; (2) an assessment of the structure and performance of non-governmental plans in serving the needs of children as compared to Medicaid managed care organizations; and (3) the emphasis that private managed care health plans place on primary care and the control of services as it relates to care and services provided to children with special health care needs. Requires the Comptroller General to submit to specified congressional committees a report containing a survey of health plan activities that address the unique health needs of adolescents, including quality measures for adolescents and innovative practice arrangement.
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 · 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
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
Medicare Critical Need GME Protection Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for full payment to hospitals for costs of direct graduate medical education of residents for training in what the Secretary of Health and Human Services designates as a critical need specialty or subspecialty training program. States that such training shall be treated as part of the initial residency period, but shall not be counted against any limitation on the initial residency period.
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 · 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
American Profit Sharing Act - Permits the provision of Federal contracts and certain Federal subsidies only to businesses which have a stock bonus or profit-sharing plan. Excepts start-up small businesses for one year unless such business has: (1) been in existence for at least ten prior years; (2) more than five full-time employees (or their equivalent) at any time during the year; and (3) a gross income exceeding $5 million.
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
Regulatory Fairness and Openness Act of 1999 - Requires the Administrator of the Environmental Protection Agency to conduct a transition analysis report with respect to pesticide tolerances before releasing any product safety information to the public, or making final tolerance decisions. Includes within such report's requirements a description of the extent to which specified assumptions have been used to support findings or regulatory recommendations. (Sec. 5) Sets forth interim review or reassessment procedures. (Sec. 6) Requires the Administrator to issue within one year of enactment of this Act final implementing rules for tolerances and exemptions for pesticide chemical residues. (Sec. 7) Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator to issue guidelines specifying required data in support of tolerances and exemptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for related notice and opportunity for hearing. (Sec. 8) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for an expedited replacement product registration process. Amends the Federal Food, Drug, and Cosmetic Act to authorize an expedited tolerance for an emergency exemption if no significant (food) consumer risk exists. (Sec. 9) Requires the Administrator and the Secretary of Agriculture to report with respect to related pesticide, residue, and food use priorities and resources. (Sec. 10) Requires the Secretary to develop a program to monitor the competitive international market strength of major U.S. agricultural commodity sectors. (Sec. 11) Establishes the Pesticide Advisory Committee.
United States · United States Congress · 28 April 1999
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits). Makes this Act effective with respect to taxable years ending after 1995.
United States · United States Congress · 27 April 1999
Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) for FY 2000 and 2001 for the direct and indirect expenses associated with operating approved medical residency training programs. Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Authorizes appropriations.
United States · United States Congress · 22 April 1999
Independent Contractor Clarification Act of 1999 - Amends the Internal Revenue Code, with respect to employment taxes, to replace the current 20 point test for determining an independent contractor (for whom an employer need not pay or withhold the appropriate employment taxes) with a three-point test, including: (1) the employer's lack of control of the manner in which the individual service provider completes his or her assigned tasks; (2) the individual service provider is not precluded by the employer from soliciting and undertaking other business opportunities involving substantially similar services for others; and (3) the individual service provider encounters entrepreneurial risk, including the ability to generate a profit or bear the risk of financial loss. Sets forth restrictions on retroactive employment tax reclassifications, including safe harbor requirements. Provides that the statute of limitations on assessment of employment taxes shall run beginning on the date certain information returns (specifying payments to an individual for services performed where the payments are not taken into account in determining such taxes) are filed.
United States · United States Congress · 21 April 1999
Medicare Truth in Billing Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to require the inclusion in Medicare benefits explanations of specified additional information with respect to the amounts of payments made by the Secretary of Health and Human Services to certain hospitals for inpatient hospital services furnished to Medicare beneficiaries.
United States · United States Congress · 21 April 1999
TABLE OF CONTENTS: Title I: Safeguard Amendments Title II: Amendments to Title VII of the Tariff Act of 1930 Title III: Steel Import Notification Fair Trade Law Enhancement Act of 1999 - Title I: Safeguard Amendments - Amends the Trade Act of 1974 to repeal the requirement that the cause of serious injury (or threat of it) be substantial to the domestic industry producing an article like or directly competitive with an article that is being imported into the United States in such increased quantities with respect to the President taking action to facilitate efforts by such industry to make a positive adjustment to the import competition. (Sec. 101) Declares that imports shall be considered to be a "cause of serious injury, or threat thereof," when a causal link is established between imports and injury to the domestic industry. Revises certain factors the International Trade Commission (ITC) must consider when investigating whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat of it) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. (Sec. 102) Requires the ITC, for purposes of an investigation, to focus on the merchant market when determining the domestic industry's market share in producing an article like or directly competitive with the imported article in cases in which domestic producers transfer internally (including related parties) significant production of the like or directly competitive article for the production of a downstream article and sell significant production of such article in the merchant market (captive production). (Sec. 103) Directs the ITC to find that a rebuttable presumption that a domestic industry is threatened with serious injury, or a rebuttable presumption of critical circumstances, exists due to such imports if it finds there has been a rapid decline in domestic prices for the like or directly competitive article and a rapid increase in the imported articles. Requires the ITC in any case in which such presumptions do not apply, or in which they apply but are rebutted, to conduct a threat of serious injury or of critical circumstances analysis as if no such presumption applied. Title II: Amendments to Title VII of the Tariff Act of 1930 - Amends the Tariff Act of 1930 to make similar changes with respect to its countervailing duty and antidumping duty provisions. (Sec. 207) Prohibits the administering authority (Secretary of Commerce), for purposes of suspending an antidumping duty or countervailing duty investigation, from accepting an agreement with another country to eliminate or offset a countervailable subsidy placed by such country on an export to the United States or an agreement to cease such exports to, or eliminate their injurious effect on, the United States unless, among other things, such agreement is supported by domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product. (Sec. 209) Revises the method for calculating the constructed export price of subject merchandise by reducing such price, among other things, by an amount equal to the dumping margin or the net countervailable subsidy unless the producer or exporter is able to demonstrate that the importer of such merchandise was in no way reimbursed for any antidumping duties paid on such merchandise. (Sec. 211) Requires the ITC, for purposes of an antidumping duty or countervailing duty investigation, to treat the producers of an agricultural product that has a short shelf life (perishable product) in a defined period or season as the domestic industry. Sets forth certain factors that the ITC can, cannot, or shall consider when making material injury determinations with respect to such products for the seasonal period. (Sec. 212) Requires the ITC, when making a determination of whether a countervailable subsidy exists in a country where transactions do not reflect market conditions due to government action associated with provision of the subject good or service or purchase of such goods, to make such determination through comparison with the most comparable market price elsewhere in the world. Title III: Steel Import Notification - Directs the Secretary to establish and implement a steel import notification and monitoring program. Requires: (1) a person to have a steel import notification certificate before he or she can import certain steel products into the United States; and (2) the Secretary to issue such certificate to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel.
United States · United States Congress · 20 April 1999
Women's Business Centers Sustainability Act of 1999 - Amends the Small Business Act, with respect to the women's business center program, to allow a private organization that has received financial assistance under the program and that is either in the final year of a five-year project or has completed the project to apply for assistance for an additional five-year period. Requires such organizations to agree to obtain matching cash contributions from non-Federal sources. Extends through FY 2001 the authorization for the program, allowing no more than 40 percent of such amounts to be used for providing such additional assistance.
United States · United States Congress · 15 April 1999
Traffic Stops Statistics Study Act of 1999 - Directs the Attorney General to conduct a nationwide study for traffic violations by law enforcement officers. Requires the Attorney General to: (1) perform an initial analysis of existing data, including complaints alleging and other information concerning traffic stops motivated by race and other bias; (2) gather specified data on traffic stops from a nationwide sample of jurisdictions; and (3) report the results to Congress and make such report available to the public. (Sec. 3) Authorizes the Attorney General to provide grants to law enforcement agencies to collect and submit the data to the appropriate agency as designated by the Attorney General. (Sec. 4) Prohibits information released pursuant to this Act from revealing the identity of any individual who is stopped or any law enforcement officer involved in a traffic stop. (Sec. 6) Authorizes appropriations.
United States · United States Congress · 15 April 1999
Anti-Redlining Insurance Disclosure Act of 1999 - Requires designated insurers to annually submit to the Secretary of Housing and Urban Development and make available to the public with respect to types of insurance in designated metropolitan statistical areas (MSA) information concerning: (1) total numbers of policies, exposure units, and premiums; (2) property claims by type; (3) underwriting standards; and (4) licensed agents. Requires nondesignated insurers to submit to the Secretary their annual total exposure units (in car and house years) of policies in a designated line sold in their MSA. Exempts insurers in States with substantially similar disclosure provisions from such requirements. Directs the Secretary to: (1) provide for specification of collected data; and (2) implement a public access system to such insurance information. (Sec. 4) Directs the Secretary to designate: (1) MSAs for which reporting is required; and (2) insurers. Sets forth the following insurance lines requiring reporting: (1) automobile insurance; (2) homeowners insurance; (3) dwelling fire insurance; (4) small business insurance; and (5) surety bonds. (Authorizes the Secretary to designate additional insurance lines.) (Sec. 5) Sets forth disclosure requirements for rejected insurance applicants. (Sec. 6) Directs the Secretary to establish a task force on insurance agency appointments which shall: (1) review and recommend solutions to improve inner city and minority insurance agents' ability to market insurance products, including steps to increase minority appointments. (Sec. 9) Directs the Secretary to annually collect and make available to the public insurance data from each designated MSA. (Sec. 10) Sets forth civil and injunctive remedies for agent violations of this Act. (Sec. 11) Terminates this Act five years from its effective date (with a two-year discretionary extension). (Sec. 12) Directs the Secretary to conduct studies of: (1) insurance applicants; (2) insurer actions to meet needs of minority and low- and moderate-income neighborhoods, including small businesses; (3) disparate claim treatment; (4) territory rating; and (5) reinvestment requirements.
United States · United States Congress · 15 April 1999
Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise provisions for the National Writing Project (NWP). Increases the maximum amount for any one contractor under limits on the Federal share of NWP teacher training programs. Repeals the classroom teacher grants program under NWP. Increases and extends through FY 2004 the authorization of appropriations for NWP.
United States · United States Congress · 14 April 1999
Directs the Secretary of Agriculture to implement the Class I milk price structure known as Option A as part of the final rule to consolidate Federal milk marketing orders.
United States · United States Congress · 14 April 1999
Consumer Price Index for Elderly Consumers Act - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPI) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Authorizes appropriations. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to provide for the use of such new CPI in the computation of cost-of-living increases for social security and Medicare benefits under such programs.
United States · United States Congress · 13 April 1999
Medicare Cancer Clinical Trial Coverage Act of 1999 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
United States · United States Congress · 12 April 1999
Amends the Clean Air Act to require certain regulations regarding motor vehicle fuels to prohibit the use of methyl tertiary butyl ether as a fuel additive.
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.
United States · United States Congress · 25 March 1999
Freedom From Sexual Trafficking Act of 1999 - Declares that the purpose of this Act is to eliminate international sexual trafficking in which women and children are brought across international boundaries by means of force or fraud for purposes of forced prostitution, sexual slavery, and similar practices. (Sec. 4) Sets forth minimum international standards for the elimination of sexual trafficking. (Sec. 5) Establishes in the Office of the Secretary of State an Office for the Protection of Victims of Trafficking, to be administered by a director appointed by the President, with the advice and consent of the Senate. Amends the Foreign Assistance Act of 1961 to require the Secretary to include in a certain human rights report, among other things, information on sexual trafficking and the efforts of a country to prevent it. Requires the Secretary to report to Congress on the status of international sexual trafficking, including a list of any countries that do not meet the minimum international standards for the elimination of such trafficking. Authorizes appropriations. (Sec. 6) Authorizes appropriations for assistance administered through nongovernmental organizations: (1) to foreign countries in programs and activities designed to meet the minimum international standards for the elimination of sexual trafficking, including drafting of legislation to prohibit and punish acts of sexual trafficking, investigation and prosecution of sexual trafficking, and facilities, programs, and activities for the protection of victims; and (2) for programs and activities to assist victims of sexual trafficking in the United States. (Sec. 7) Amends the Immigration and Nationality Act to establish a nonimmigrant visa category for an alien (including spouse, married and unmarried sons and daughters, and parents of such alien) who the Attorney General determines: (1) is physically present in the United States; (2) is or has been a victim of sexual trafficking; (3) has not unreasonably refused to assist in the investigation or prosecution of acts of sexual trafficking (or has not attained age 14); and (4) would face a significant possibility of retribution or other hardship if removed from the United States. Denies such person eligibility for admission to the United States if there is substantial reason to believe that the person has committed an act of sexual trafficking. Directs the Attorney General to determine whether a ground for inadmissibility exists with respect to such nonimmigrant alien. Authorizes the Attorney General to waive the requirements of this Act if it is in the national interest. Authorizes the Attorney General to adjust the status of the nonimmigrant alien (and spouse, married and unmarried sons and daughters, and parents of such alien) to that of an alien lawfully admitted for permanent residence in the United States (provided such alien was not a participant in Nazi persecutions or genocide) if such nonimmigrant alien: (1) has been physically present in the United States for a continuous period of at least three years; (2) has, throughout such period, been a person of good moral character; (3) has not, during such period, unreasonably refused to provide assistance in the investigation or prosecution of acts of sexual trafficking; and (4) would face a significant possibility of retribution or other hardship if removed from the United States. (Sec. 8) Declares it to be U.S. policy not to provide nonhumanitarian foreign assistance to countries which do not meet minimum standards for the elimination of sexual trafficking. (Sec. 9) Amends Federal criminal law to subject to both civil (including forfeiture) and criminal penalties anyone who, whether inside or outside the United States, for the purpose of causing a person under age 18 (by fraud, force, or coercion) to engage in a commercial sexual act, knowingly does or attempts or conspires to: (1) transport the person across an international border; (2) recruit, entice, harbor, or engage in the purchase or sale of the person, who will then be or has been transported across an international border; or (3) own, manage, operate, or share in the proceeds of an enterprise in which the person has been transported across an international border.
United States · United States Congress · 25 March 1999
Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from listing liquefied petroleum gas under provisions regarding the accidental release of regulated substances (substances known to cause or which may reasonably be anticipated to cause death, injury, or serious adverse effects to human health or the environment) into the ambient air from a stationary source.
![Official portrait of Rep. Hilliard, Earl F. [D-AL-7]](https://www.congress.gov/img/member/h000621_200.jpg)