United States · United States Congress · 23 February 1999
TABLE OF CONTENTS: Title I: Uniform Prelitigation Procedures for Year 2000 Actions Title II: Year 2000 Actions Involving Contracts Title III: Year 2000 Actions Involving Tort and Other Noncontractual Claims Title IV: Year 2000 Class Actions Title V: Client Protection in Connection with Year 2000 Actions Title VI: Assistance to Small Businesses for Preventing Year 2000 computer Failures Year 2000 Readiness and Responsibility Act - Makes this Act inapplicable to any claim based on personal injury. Title I: Uniform Prelitigation Procedures for Year 2000 Actions - Requires a prospective plaintiff, before filing a year 2000 action, except in an action that seeks only injunctive relief, to provide to each prospective defendant a written notice that identifies with particularity: (1) any symptoms of a material defect alleged to have caused injury; (2) the injury allegedly suffered; (3) the facts that led the prospective plaintiff to hold such person responsible for both the defect and the injury; and (4) the relief or action sought. Bars a prospective plaintiff from commencing an action in Federal or State court until the expiration of 90 days after the date on which such notice is provided. Excludes such 90-day period in the computation of any applicable statute of limitations. Sets forth provisions regarding response to notice, failure to respond, failure to provide notice, the effect of contractual waiting periods, sanctions for frivolous invocation of the stay provision, and time computations. (Sec. 102) Allows either party, at any time during the 90-day period, to request the other to use alternative dispute resolution. (Sec. 103) Requires the complaint, in any year 2000 action: (1) that seeks the award of money damages, to state with particularity the nature and amount of each element of damages and the factual basis for the damages calculation; and (2) in which the plaintiff alleges that a product or service was defective, to identify with particularity the symptoms of the material defects and to state with particularity the facts supporting the conclusion that the defects were material. Sets forth provisions regarding state of mind, motion to dismiss, stay of discovery, and preservation of evidence. (Sec. 104) Prohibits recovery in any year 2000 action on account of injury that the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably could have been, aware. Excludes from damages awarded in any such action any that the plaintiff reasonably could have avoided. Title II: Year 2000 Actions Involving Contracts - Makes fully enforceable in any year 2000 action all written contractual terms, including limitations or exclusions of liability or disclaimers of warranty, with exceptions. (Sec. 202) Allows the party against whom a claim of breach of contract is asserted to offer evidence that its implementation of, or its efforts to implement, the contract were reasonable in light of the circumstances for the purpose of limiting or eliminating the defendant's liability. Sets forth provisions regarding impossibility and commercial impracticability. (Sec. 203) Prohibits the court, in any year 2000 action involving a breach of contract or a claim related to the contract, from awarding any damages unless such damages are provided for by the express terms of the contract (or, if the contract is silent on such damages, by operation of the applicable Federal or State law that governed interpretation of the contract at the time the contract was entered into). Title III: Year 2000 Actions involving Tort and Other Noncontractual Claims - Makes a person against whom a final judgment is entered in a year 2000 action, except with respect to claims involving personal injury, liable solely for the portion of the judgment that corresponds to the percentage of liability of the person, as determined under this title. Directs the court to instruct the jury to answer special interrogatories or, if there's no jury, make findings, with respect to each defendant and plaintiff, and each of the other persons claimed by any of the parties to have caused or contributed to the loss incurred by the plaintiff, concerning the percentage of responsibility of the defendant, the plaintiff, and each such person, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (Sec. 302) Sets forth provisions regarding: (1) the defendant's state of mind as to year 2000 failure, injury to plaintiff, and foreseeability; (2) a reasonable efforts defense; (3) limits on damages; and (4) liability of officers and directors. Title IV: Year 2000 Class Actions - Provides that in any year 2000 action involving a claim that a product or service is defective, the action may be maintained as a class-action in Federal or State law as to that claim only if it satisfies all other prerequisites established by applicable Federal or State law and if the court also finds that the alleged defect in the product or service was a material defect as to a majority of the members of the class. (Sec. 402) Sets forth provisions regarding notification, dismissal prior to certification, Federal jurisdiction in year 2000 class actions, and removal of class actions. Title V: Client Protection In Connection with Year 2000 Actions - Makes this title applicable to any year 2000 claim or action asserted or brought in Federal or State court. (Sec. 503) Allows a plaintiff who retains an attorney with respect to a year 2000 claim or action to elect whether to compensate the attorney's services on an hourly or contingent fee basis, with exceptions. (Sec. 504) Sets forth provisions regarding the consumer's right to up-front disclosure of information regarding fees and settlement proposals, information after the initial meeting, the consumer's right to timely updated information about settlement proposals and a detailed statement of hours and fees, class actions, and enforcement of consumer protection rules in year 2000 claims and actions. Title VI: Assistance to Small Businesses for Preventing Year 2000 Computer Failures - Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot program under which it shall guarantee loans made by eligible lenders to small business concerns to allow them to address year 2000 computer failures and to notify eligible lenders of the establishment of such program. Sets forth provisions regarding the use of funds, maximum loan amounts, guarantee limits, and reporting requirements. (Sec. 604) Amends such Act to direct the SBA to notify specified committees not later than 30 days before initiating any new pilot program of any change in the pilot program that may affect the subsidy rate estimates for the loan program. Sets forth reporting requirements. (Sec. 605) Directs the Administrator of the SBA to establish one point of contact to act as a liaison between the SBA and small business concerns regarding problems arising out of year 2000 failures and compliance with Federal requirements regarding the collection of information. Prohibits any Federal agency from imposing a civil penalty on a business concern for a first-time violation, with exceptions. Allows a Federal agency to waive a civil penalty imposed if the violation is corrected within 30 days after the agency provides written notice of the violation. Sets forth standards for waiver and a congressional notification requirement. Prohibits a State from imposing on a small business concern any civil penalty inconsistent with this section.
United States · United States Congress · 23 February 1999
Authorizes the payment of dependency and indemnity compensation to the surviving spouse of a veteran who died while totally disabled from a service-connected disability, who was a former prisoner of war who died after September 30, 1999, and who had been diagnosed as having one of the diseases specified as being service-connected (and therefore compensable) under veterans' disability compensation or benefits provisions.
United States · United States Congress · 23 February 1999
Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 23 February 1999
Amateur Radio Spectrum Protection Act of 1999 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC), after July 1, 1999, from making any reallocations of amateur radio service and amateur satellite service frequency bands, diminishing the secondary allocations of such bands or making additional allocations within such bands that would substantially reduce their utility unless at the same time the FCC provides equivalent replacement spectrum.
United States · United States Congress · 23 February 1999
Amends title XIX (Medicaid) of the Social Security Act to exempt disabled individuals from required enrollment with a managed care entity under the Medicaid program.
United States · United States Congress · 12 February 1999
TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1999 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute regarding lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates charges (whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges) imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.
United States · United States Congress · 12 February 1999
Child Abuse Prevention and Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to: (1) provide child protective workers and child welfare workers access to criminal conviction information and protection orders based on a claim of domestic or child abuse; or (2) improve law enforcement access to certain judicial orders (including custody, visitation, and protection orders). Modifies grant application guidelines to reflect such use of the grants. Prescribes grant eligibility guidelines for closed circuit televising of testimony of children who are victims of abuse. Allows drug control and system improvement (Byrne) grants to be used to enforce child abuse and neglect laws and programs designed to prevent child abuse and neglect. Amends the Victims of Crime Act of 1984 to increase the set aside for child abuse victims.
United States · United States Congress · 11 February 1999
Gun Retention Act of 1999 - Amends the Federal criminal code to set penalties for knowingly taking or attempting to take a firearm from a law enforcement officer against that officer's will while such officer is engaged in the performance of official duties. Imposes: (1) a fine and ten to 15 years' imprisonment for such an offense other than an attempt or for such an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer); and (2) a fine and five to ten years' imprisonment for any other offense that is an attempt. Prohibits such a term of imprisonment from running concurrently with any other term imposed with respect to the same criminal episode.
United States · United States Congress · 11 February 1999
Bond Fairness and Protection Act of 1999 - Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to exclude a permitted open access transaction (as defined by this Act) from the definition of private business use. Permits, as specified, termination of tax-exempt bond financing for certain electric output facilities.
United States · United States Congress · 11 February 1999
Resolves that: (1) lowering the national debt should be a central element in the debate over the use of projected budget surpluses; and (2) at least one-third of such surpluses over the next ten years should be dedicated to paying down such debt.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period.
United States · United States Congress · 10 February 1999
Veterans Tobacco Trust Fund Act of 1999 - Establishes in the Treasury the Veterans Tobacco Trust Fund. Provides that if a lawsuit is brought by the United States against tobacco manufacturers for costs incurred due to tobacco-related illnesses, then there shall be credited to the Fund, without further appropriation, the amount that bears the same ratio to the amount recovered as the amount for the Department of Veterans Affairs' costs for health care attributable to tobacco-related illnesses bears to the total amount sought in the suit. Makes such amounts available to the Secretary of Veterans Affairs for: (1) furnishing veterans' medical care and services; and (2) conducting medical, rehabilitation, and health systems research, with particular emphasis on research relating to the prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use.
United States · United States Congress · 10 February 1999
Repeals a Federal provision limiting salary increases for Federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the Federal judicial code to make the cost of living adjustments in judicial salaries effective in the first pay period beginning on or after January 1 each year (currently, such adjustments are triggered by General Schedule adjustments). Prohibits the percentage adjustment taking effect in a calendar year, in any salary rate, from exceeding that adjustment taking effect in such year under General Schedule pay rate provisions.
United States · United States Congress · 10 February 1999
Expresses the sense of Congress that any Executive order issued by the President before, on, or after the date of the approval of this resolution that infringes on the powers and duties of the Congress under article I, section 8 of the Constitution (Powers of Congress), or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, is advisory only and has no force or effect unless enacted as law.
United States · United States Congress · 9 February 1999
Safe Seniors Assurance Study Act of 1999 - Directs the Secretary of Health and Human Services (HHS) to conduct a study for a report to Congress on the mortality and adverse outcomes rates of Medicare (title XVIII of the Social Security Act (SSA)) patients by providers of anesthesia services (service providers). Provides that if the HHS Secretary determines that lack of physician supervision of service providers results in an adverse impact on outcome rates of Medicare patients, then such providers under Medicare or Medicaid (SSA title XIX) shall be supervised by a physician in the same manner as they are supervised under HHS regulations in effect on January 1, 1999.
United States · United States Congress · 9 February 1999
Right to Life Act of 1999 - States that Congress declares that the right to life guaranteed by the Constitution is vested in each human being at fertilization.
United States · United States Congress · 8 February 1999
Amends the Energy Policy and Conservation Act to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals.
United States · United States Congress · 4 February 1999
Amends Federal law to prohibit Members of the House of Representatives from sending as part of a mass mailing: (1) customary congressional newsletters or press releases which may deal with matters such as impacts of laws and decisions on State and local governments and individual citizens, reports on official actions taken by Members of Congress, and discussions and positions regarding proposed or pending legislation or governmental actions; (2) customary congressional questionnaires seeking public opinion on any law, pending or proposed legislation, or public issue; and (3) mail matter expressing congratulations to a person who has achieved some public distinction.
United States · United States Congress · 4 February 1999
Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to Federal law enforcement officers. Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys as to their election rights under this Act and the consequences of making or not making a timely election under this Act. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) as if this Act had never been enacted.
United States · United States Congress · 4 February 1999
Honoring American Military Women for Their Service in World War II Resolution - Honors the women who served the United States in military capacities during World War II. Recognizes that these women contributed vitally to the victory of the United States and the Allies in the war.
United States · United States Congress · 4 February 1999
Expresses the sense of the House of Representatives that any comprehensive legislation that balances the budget by a certain date and is agreed to by the Congress and the President should contain a strategy for reducing the U.S. public debt.
United States · United States Congress · 3 February 1999
Fairness and Voluntary Arbitration Act - Requires each party to a sales and service contract that provides for the use of arbitration in resolving controversies to have the option to reject arbitration as the means of settling a controversy. Requires the arbitrator, whenever arbitration is elected to settle a dispute under such a contract, to provide the parties with a written explanation of the factual and legal basis for the award.
United States · United States Congress · 3 February 1999
'Know Your Customer' Sunset Act - Ends the effectiveness of, and prohibits the Secretary of the Treasury or any Federal banking agency from prescribing, any regulation that has the effect of requiring a depository institution or any other private entity to: (1) monitor customer accounts; or (2) obtain information concerning any person in connection with a financial transaction (including the source of any funds involved in the transaction).
United States · United States Congress · 3 February 1999
Hope for Children Act - Amends the Internal Revenue Code to: (1) increase the amount allowable for qualified adoption expenses; (2) permanently extend the credit for adoption expenses; and (3) adjust the limitations on such credit for inflation.
United States · United States Congress · 3 February 1999
Expresses the sense of the Congress that during FY 1999 the Secretaries of the military departments should provide honor guard details for the funerals of veterans in the same manner as required under Federal law effective January 1, 2000.
United States · United States Congress · 19 January 1999
Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. Allows persons to extract or use information for: (1) nonprofit educational, scientific, or research purposes in a manner that does not directly cause such harm; or (2) the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis, in an amount appropriate and customary for such purposes if it is determined, by specified factors, that such an act is reasonable under the circumstances. Provides that the used or extracted portion shall not be offered or intended to be offered for sale or otherwise in commerce or likely to serve as a market substitute for all or part of the collection from which the use or extraction is made. Defines "individual act" for purposes of this Act as an act that is not part of a pattern, system, or repeated practice by the same party, related parties, or parties acting in concert with respect to the same collection of information or a series of related collections of information. Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity, to computer programs, or to digital online communications. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Exempts the extraction, use, resale, or other disposition of real- time market information from this Act, except as the Securities Exchange Act of 1934, the Commodity Exchange Act, and the rules and regulations thereunder may otherwise provide. States that this Act shall not be construed to permit any person to extract or use real- time market information in a manner that constitutes a market substitute for a real-time market information service (including the real-time systematic updating of or display of a substantial part of a market information) provided on a real-time basis. Defines "market information" as information relating to quotations and transactions that is collected, processed, distributed, or published under the Securities Exchange Act of 1934 or by a contract market that is designated by the Commodity Futures Trading Commission under the Commodity Exchange Act and the rules and regulations thereunder. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the portion of the collection that is extracted or used was first offered for sale or otherwise in commerce following the investment of resources that qualified the information for protection.
United States · United States Congress · 19 January 1999
Citizens' Self-Defense Act of 1999 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.
United States · United States Congress · 19 January 1999
Wire Transfer Fairness and Disclosure Act of 1999- Amends the Electronic Fund Transfer Act to require a financial institution or money transmitting business initiating an international money transfer on behalf of a consumer to disclose prominently on its premises and on its forms and receipts: (1) the exchange rate used in the transaction; (2) the exchange rate prevailing at a major financial center of the pertinent foreign country as of close of business on the business day immediately preceding the transaction date; and (3) all commissions and fees charged in such transaction. Requires such information to be: (1) included in print, broadcast, and electronic advertisements; and (2) in English and in the same language as principally used by the institution or money transmitting business to advertise, solicit, or negotiate at that office if other than English.
United States · United States Congress · 19 January 1999
Medicare Common Sense Hospital Payment Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to repeal a specified restriction on Medicare payment for certain hospital discharges to post-acute care.
United States · United States Congress · 19 January 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies from being treated as an overpayment.
United States · United States Congress · 6 January 1999
Autism Statistics, Surveillance, Research, and Epidemiology Act of 1999 (ASSURE) - Authorizes grants and contracts for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. Mandates establishment of three to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology to collect and analyze information, to be established and operated through grants or cooperative agreements. Requires that the Centers for Disease Control and Prevention serve as the coordinating agency for autism and pervasive developmental disabilities surveillance through the establishment of a clearinghouse for data generated from the monitoring programs created by this Act. Mandates establishment of an Advisory Committee for Autism and Pervasive Developmental Disabilities Epidemiology Research. Authorizes appropriations.
United States · United States Congress · 6 January 1999
Social Security Preservation Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (social security trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Outlines provisions for determining the annual surplus of the trust funds. Prohibits disinvestment of social security trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of social security trust fund public debt obligations for the payment of cash benefits and administrative expenses, with conditions, including notifying Congress and the Comptroller General in advance of such sale.
United States · United States Congress · 6 January 1999
Homeowners' Insurance Availability Act of 1999 - Directs the Secretary of the Treasury to carry out a program under this Act to make reinsurance coverage available for purchase by: (1) eligible State programs; and (2) private insurers and reinsurers, State insurance and reinsurance programs, and other interested entities through auctions. Requires that such program shall be designed to improve the availability of homeowners' insurance for the purpose of facilitating the pooling, and spreading the risk, of catastrophic financial losses from natural disasters and to improve the solvency of homeowners' insurance markets. Directs the Secretary to offer reinsurance coverage through contracts with covered purchasers which shall: (1) not displace or compete with the private insurance, reinsurance, or capital markets; (2) minimize the administrative costs of the Federal Government; and (3) provide coverage based solely on insured losses within the State of the eligible State program purchasing the contract or within the region for which the auction for contract purchase is held. (Sec. 4) Sets forth: (1) qualified lines of coverage; and (2) covered perils. (Sec. 6) Describes requirements for eligible State programs, including that such programs: (1) be State-operated insurance programs (or reinsurance programs designed to improve private insurance markets) that offer coverage for homes and the contents of apartments based on a finding that such programs are necessary to provide for the continued availability of coverage for all residents; (2) are structured to be exempt from Federal taxation; (3) cover only a single peril; (4) require at least ten percent of net investment income to be used for programs to mitigate disaster losses, with an exception; and (5) meet specified coverage requirements. Establishes one-year contract terms. Sets forth considerations to be made by the Secretary in determining the cost of reinsurance coverage and requires the cost to consist of a risk-based price, risk load, and administrative costs. Grants purchasers whose coverage is exhausted before contract termination the option of making a single purchase for the remaining contract term. Makes State programs eligible to purchase contracts only if a State has in effect laws to prohibit price gouging, during the term of coverage, in disaster areas. (Sec. 7) Sets forth: (1) requirements for regional auctions for the purchase of reinsurance contracts; and (2) contract terms and conditions, including maximum one-year terms and prohibitions on price gouging. (Sec. 8) Requires eligible State programs to sustain an amount of retained losses from a single event of a covered peril of at least the greater of: (1) $2 billion; (2) the program's claims-paying capacity; and (3) an amount determined by the Secretary sufficient to cover eligible losses in the State during a 12-month period for all events having a likelihood of occurrence once every 100 years. Applies the requirements of (1) and (3) above to auctioned contracts as well. Establishes transitional requirements for the minimum level of retained losses applicable to certain existing and new State programs. Authorizes the Secretary to raise the minimum level of retained losses annually. Limits the maximum annual amount paid by the Secretary pursuant to claims under contracts to: (1) $25 billion, as adjusted for inflation; or (2) for any year during the four-year period beginning on the date contracts are first made available for purchase, an amount that the Secretary shall establish and revise, not exceeding $25 billion. Requires claimants to receive prorated portions of the amount available for claims in any year in which claims exceed such maximum amount. Limits contracts to 50 percent of the risk of insured losses in excess of retained losses for States or regions. (Sec. 9) Establishes, within the Treasury, the Disaster Reinsurance Fund. Specifies: (1) the amounts with which the Fund shall be credited; and (2) the uses of the amounts in the Fund. (Sec. 10) Directs the Secretary to establish the National Commission on Catastrophe Risks and Insurance Loss Costs. Requires the Commission to meet for the sole purpose of advising the Secretary regarding the estimated loss costs associated with the reinsurance contracts and carrying out this Act's functions. Authorizes appropriations. Provides for an offset amount to be obtained from purchasers of reinsurance coverage and deposited in the Fund. (Sec. 12) Terminates reinsurance coverage ten years after this Act's enactment. Provides a five-year extension of such deadline if the Secretary determines such coverage necessary because of insufficient growth of capacity in the private homeowners' insurance market. (Sec. 13) Requires the Secretary to report annually to the Congress on the cost and availability of homeowners' insurance for losses resulting from catastrophic natural disasters covered by the reinsurance program under this Act.
United States · United States Congress · 6 January 1999
Selective Agricultural Embargoes Act of 1999 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
United States · United States Congress · 6 January 1999
Community Protection Act of 1999 - Amends the Federal criminal code to authorize qualified law enforcement officers carrying the official badge and photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer, notwithstanding State or local laws, to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. Specifies that this Act shall not be construed to supersede or limit the laws of any State that: (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. (Sec. 3) Sets forth similar provisions authorizing qualified retired law enforcement officers to carry concealed firearms notwithstanding State or local laws.
United States · United States Congress · 6 January 1999
Nuclear Waste Policy Act of 1999 - Revises the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 2003 (3) provide for the transportation of such wastes; and (4) pursue expeditiously the development of each component of the integrated management system. Requires intermodal transfer (rail-to-heavy-haul-truck) of spent nuclear fuel and high-level radioactive waste pending direct rail access to the interim storage facility site. Authorizes the Secretary use rail transportation to meet the requirements of this Act if direct rail access becomes available to the interim storage facility site. Sets a deadline for the Secretary to develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Provides for heavy-haul transportation route and truck transportation. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Provides that reasonable expenses of such representation shall be paid by the Secretary. Prescribes requirements in the following areas in order to ensure that the Secretary is able to accept spent nuclear fuel and high-level radioactive waste by January 31, 2003: (1) transportation planning and readiness; (2) package certification; (3) technical assistance and funds to jurisdictional entities for training public safety officials, nonprofit employee organizations, voluntary emergency response organizations, and joint labor-management organizations experienced in worker health and safety training; (4) employee protection and training standards applicable to workers directly involved in the removal and transportation of spent nuclear fuel and high-level radioactive waste; and (5) interim storage facility, permanent disposal, and land withdrawal. Requires the Secretary, after analyzing each specific reactor facility in the order of priority established in the acceptance schedule, to develop a logistical plan to assure the Secretary's ability to transport spent nuclear fuel and high-level radioactive waste using routes that minimize transportation through populated areas to the maximum practical extent and consistent with Federal requirements for transportation of hazardous materials. Requires the Secretary of Transportation to establish preferred rail route selection procedures for such transportation to the interim storage site and the repository site. Mandates that training standards ensure the ability of emergency response personnel to protect nearby persons, property or the environment from the effects of accidents involving spent nuclear fuel and high-level radioactive waste. Instructs the Secretary to: (1) offer Nye County, Nevada, an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with Lincoln and Nye Counties concerning the integrated management system. Requires the Secretary to make certain initial land conveyances to Nye County. Authorizes the Secretary to grant payments in lieu of taxes to any affected Indian or local jurisdiction until the termination of the integrated management system activities. Authorizes the Secretary to contract with any person generating or holding title to spent nuclear fuel or high-level radioactive waste of domestic origin for the acceptance of title, and possession, transportation, interim storage, and disposal. Sets forth a statutory fee payment schedule for: (1) electricity generated and sold by civilian nuclear power reactors; (2) an adjustable cap placed upon nuclear waste offsetting collection fees, and upon a nuclear waste mandatory fee; and (3) a one-time fee for spent nuclear fuel or solidified high-level radioactive waste derived from spent nuclear fuel which had been used to generate electricity in specified civilian nuclear power reactors. Requires the NRC to suspend the license of any licensee who fails or refuses to pay such one-time fee. Provides that payment of the one-time fee relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Authorizes the NRC to require prior agreement with the Secretary for spent fuel and waste disposal as a precondition to the issuance or renewal of a license. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing spent nuclear fuel and high-level radioactive waste allocable to the interim storage or permanent disposal of spent nuclear fuel, high-level radioactive waste from atomic energy defense activities, and spent nuclear fuel from foreign research reactors; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Grants the Atomic Energy Act of 1954 and this Act preeminence in the event of a conflict or duplication of laws. Precludes this Act from being construed as: (1) constituting either an express or implied Federal reservation of water rights for any purpose arising under it; (2) authorizing the Federal use of eminent domain to acquire water rights; or (3) limiting the exercise of water rights as provided under Nevada State laws. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Prohibits: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Expresses the sense of the Congress that to the greatest extent practicable all equipment and products purchased with funds made available under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Prohibits contracts with persons falsely labeling products as "Made in America." Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. Directs the Secretary to employ, on an on-going basis, integrated performance modeling regarding site characterization.
United States · United States Congress · 6 January 1999
Freedom to Market Act - Directs the Comptroller General to prepare a report, and submit to specified congressional committees, assessing the impact and effectiveness of economic sanctions imposed by the United States on foreign countries. Prohibits the President from restricting or prohibiting any exports (including restricted commercial or Federal financing) of food, other agricultural products, including fertilizer, medicines, or medical supplies and equipment as part of any policy of existing or future unilateral economic sanctions imposed against a foreign government. Authorizes the President to waive such sanctions for one-year periods if it is determined to be in the national security interests of the United States. Directs the Secretary of Agriculture to report annually to the Congress on the economic impact of multilateral and unilateral sanctions by foreign governments on U.S. exports of agricultural commodities. Directs the Secretary to expand agricultural export assistance under U.S. market development, food assistance, or export promotion programs to offset projected losses of agricultural commodity markets from such sanctions.
United States · United States Congress · 6 January 1999
Uniformed Services Former Spouses Equity Act of 1999 - Requires payment from the monthly disposable retired pay of a member to his or her former spouse in compliance with court orders (division of property) to terminate upon the remarriage of that spouse, effective as of the last day of the month in which the remarriage occurs. Provides that, in the case of a member to whom a final decree of divorce, dissolution, annulment, or legal separation is issued before the member begins to receive retired pay, the disposable retired pay of such member, for purposes of such monthly payments, shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases. Requires a member's spouse or former spouse to obtain a court order for reapportionment of a member's monthly disposable retired pay by the later of the following dates: (1) two years of the date of the final decree of divorce, dissolution, annulment, or legal separation; or (2) six months after the enactment of this Act. Prohibits the court from treating as part of a member's disposable retired pay amounts which have been waived from such pay in order to receive veterans' disability compensation.
United States · United States Congress · 6 January 1999
Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member and any person who served on active duty and at the time of death was entitled to retired pay (or would have been so entitled but for his or her age); (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who dies on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (9) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (8), above, but only if buried in the same gravesite; (10) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same gravesite; (11) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (12) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.
United States · United States Congress · 6 January 1999
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 6 January 1999
Bill Emerson English Language Empowerment Act of 1999 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Declares that nothing in this Act shall be construed to limit the preservation or use of Native Alaskan or Native American languages.
United States · United States Congress · 6 January 1999
Citizenship Reform Act of 1999 - Amends the Immigration and Nationality Act to deny citizenship at birth to children born in the United States to parents who are not U.S. citizens or permanent resident aliens.
United States · United States Congress · 6 January 1999
Military Retiree Health Care Task Force Act of 1999 - Establishes the Medicare Eligible Military Retiree Health Care Consensus Task Force to study and report to the Congress on matters relating to health care coverage of retired military personnel and their families, Federal sharing agreements relating to such care, and proposals to provide a full continuum of such coverage to Medicare-eligible military retirees and their dependents.
![Official portrait of Rep. LaHood, Ray [R-IL-18]](https://www.congress.gov/img/member/l000552_200.jpg)