United States · United States Congress · 4 March 1999
Public Safety Act - Provides that the recipient of a grant under the violent offender incarceration and truth-in-sentencing incentive grant program may not contract with a private contractor or vendor to provide services related to the operation of a correctional facility or the incarceration of inmates. Amends the Federal criminal code to require the Bureau of Prisons to provide that: (1) any penal or correctional facility or institution (except for community correctional confinement such as halfway houses) confining any person convicted of offenses against the United States shall be under the direction of the Director of the Bureau and shall be managed and maintained by U.S. employees; and (2) the housing, safeguarding, care, subsistence, protection, instructing, and disciplining of any person charged with or convicted of any offense against the United States (with that exception) shall be conducted and carried out by U.S. employees.
United States · United States Congress · 4 March 1999
Transportation Tax Equity and Fairness Act - Amends the Internal Revenue Code to repeal the special fuel excise tax on railroads and inland waterway transportation. Subjects diesel fuel used in trains to the additional tax for the Leaking Underground Storage Tank Trust Fund.
United States · United States Congress · 3 March 1999
Ovarian Cancer Research and Information Amendments of 1999 - Amends the Public Health Service Act to authorize appropriations for ovarian cancer research. Specifies material to be included in ovarian cancer information and education programs. Requires the National Cancer Advisory Board to include at least one member who is at high risk for developing ovarian cancer.
United States · United States Congress · 3 March 1999
TABLE OF CONTENTS: Title I: Amendments to Endangered Species Act of 1973 Title II: Tax Incentives Title III: Authorization of Appropriations Endangered Species Recovery Act of 1999 - Title I: Amendments to Endangered Species Act of 1973 - Amends the Endangered Species Act of 1973 (the Act) to include within the definition of "species" the last remaining distinct population segment in the United States of any plant or invertebrate species. States that "interim habitat" includes habitat necessary to support either current populations of a species or populations necessary to ensure survival, whichever is larger. (Sec. 102) Revises requirements regarding designation of critical habitat to require the Secretary of the Interior or Commerce, as appropriate, to designate: (1) interim habitat concurrently with making a determination that a species is endangered or threatened; (2) critical habitat concurrently with adoption of a final recovery plan for a species; and (3) interim and critical habitat in the case of a highly migratory marine species. Requires the Secretary to designate interim habitat based only on biological factors, giving special consideration to habitat currently occupied by the species. (Sec. 103) Establishes a schedule for publishing species listing determinations. (Sec. 105) Provides for draft and final recovery plans for the conservation of endangered and threatened species. Expands plan provisions to require: (1) provisions for conservation in the recovery plan area of all endangered or threatened species, candidate species, and species proposed for such listing; (2) descriptions of actions likely to violate taking or jeopardy prohibitions; (3) a list of Federal agencies, States, tribes, and local government entities significantly affected by plan goals or management actions that should complete a recovery implementation plan; and (4) the selection of independent scientists to determine criteria for making determinations to remove a species from the list. Directs Federal agencies significantly affected by plan goals or management actions to develop and implement recovery implementation plans required to: (1) identify affirmative conservation duties and management responsibilities to contribute to achievement of plan goals; (2) set forth specific actions, timetables, and funding to achieve and monitor progress of goals or responsibilities; and (3) identify lands or waters under agency jurisdiction that may provide suitable habitat for the species and actions needed to acquire additional habitat or contribute to species recovery on agency lands or waters. (Sec. 106) Includes Indian tribes in the definition of "State" for purposes of provisions regarding cooperative agreements and funding for the conservation of endangered and threatened species. (Sec. 107) Requires Federal agencies to monitor the status and trends of endangered, threatened, and candidate species that occur on lands or waters under their administration. Directs Federal agencies, in cases where certain authorized takings of endangered or threatened species of a marine mammal are involved, to: (1) report to the Secretary every two years on the amount of incidental take that has occurred as a direct, indirect, or cumulative impact; and (2) reinitiate consultation with the Secretary if the amount authorized has been exceeded. Applies provisions regarding interagency cooperation and consultation to species in a foreign country or on the high seas. Requires the Secretary to promulgate regulations to ensure timely conclusion of Federal consultations regarding listing of species. (Sec. 108) Directs the Secretary to limit the duration of certain permits issued for acts or takings otherwise prohibited as necessary to ensure that changes in circumstances that could occur in the period and that would jeopardize the continued existence of species are reasonably foreseeable. Expands elements of conservation plans required to be submitted by applicants for permits authorizing takings. Adds to the list of conditions required to be met for permit issuance that the activities authorized by the permit and conservation plan are consistent with species recovery and will result in no net loss of the value to the species of the habitat occupied. Requires annual reports by the permittee on the biological status of the species in the affected area, on permitted action and habitat conservation plan impacts on the species, and on whether the plan's biological goals are being met. Revokes permits for noncompliance with permit conditions of this Act or for exceeding the authorized level of take. Requires the Secretary, using financial security provided by the permittee and the Habitat Conservation Fund, to undertake to conserve species where a permittee defaults on permit or plan obligations. Directs the Secretary to implement a streamlined application and approval procedure for incidental take permits and plans determined to be low effect, small scale plans. Lists criteria to be met for consideration as a low effect, small scale plan. Provides for monitoring of such plans and requires the Secretary to pay costs of implementing additional requirements or restrictions to ensure that actions authorized by such plans do not jeopardize the continued existence of any species determined to be endangered or threatened after such a plan was approved. Sets forth requirements for the deposit of performance bonds and other financial security by incidental take permit (other than low effect, small scale) applicants. Establishes the Habitat Conservation Plan Fund for: (1) paying the costs of additional conservation measures and restrictions for species recovery not covered by, or occurring as a result of failure of, plans; (2) permitting costs; and (3) restoring natural resources with respect to which damages are deposited. Requires the Secretary to encourage the development of multiple landowner, multispecies conservation plans, including by streamlining permitting processes across State and local jurisdictions. Sets forth requirements for incidental take certificates issued by such jurisdictions. Provides for public participation in the development of such plans and directs the Secretary to promulgate regulations establishing a development process which ensures an equitable balance of participation among citizens with primary interests in economic development activities that may affect species conservation, and citizens whose primary interest is in species conservation, respectively. Requires the Secretary, upon request, to invite independent scientists with expertise on species that may be affected by the plan to provide input. Directs the Secretary to establish a Community Assistance Program to provide timely and accurate information to local governments or property owners. Requires the Secretary, under such Program, to assign to each U.S. Fish and Wildlife Service field office employees whose duties include providing information on impacts of actions under, and assistance on compliance with, the Act and serving as a focal point for questions, requests, complaints, and suggestions from property owners and local governments. (Sec. 109) Expands the list of violations for which citizen suits may be brought to include violations of any permit, the Secretary's opinion statement regarding the impact of Federal agency actions on species and proposed conservation actions, or any agreement concluded under the Act. Makes certain time frames for bringing actions inapplicable to actions brought for emergencies posing a significant risk to any endangered or threatened species of fish, wildlife, or plant (or those proposed for listing). (Sec. 110) Makes persons who negligently damage any member or habitat of an endangered or threatened species liable to the United States and a State for the costs incurred in restoring or replacing the member or habitat. Title II: Tax Incentives - Authorizes the Secretary to enter into endangered species conservation agreements with owners or lessees of real property on which conservation measures for endangered, threatened, or candidate species or species proposed for listing are to be carried out. Requires the Secretary to establish a technical assistance program in cooperation with the States to assist landowners with such agreements. (Sec. 202) Amends the Internal Revenue Code to require that the value of a taxable estate be determined by deducting from the value of the gross estate an amount equal to the value of real property included in the gross estate which is subject to an endangered species conservation agreement. Provides for recapture in certain cases. (Sec. 203) Allows an additional tax deduction for State and local real property taxes imposed on real property subject to such agreements. (Sec. 204) Allows a tax credit for costs incurred in connection with such agreements. Title III: Authorization of Appropriations - Extends the authorization of appropriations to carry out the Act through FY 2003.
United States · United States Congress · 2 March 1999
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to limit the late enrollment penalty to a ten percent increase in the monthly part B premium due over a period equal to twice the number of years that the part B beneficiary could have been but was not enrolled under part B.
United States · United States Congress · 2 March 1999
Access to Emergency Medical Services Act of 1999 - Provides that if a group health plan or health insurance coverage offered by a health insurance issuer provides any benefits with respect to emergency services, the plan or issuer shall cover such services: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating provider with respect to such services; (3) in a manner so that if such services are provided by a nonparticipating provider, the participant, beneficiary, or enrollee is not liable for amounts that exceed the liability that would be incurred if the services were provided by a participating provider; and (4) without regard to any other term or condition of such plan or coverage (other than exclusion or coordination of benefits, a specified affiliation or waiting period, and applicable cost sharing). Requires such plans or issuers, in the case of maintenance or post-stabilization care services other than emergency services, to provide for reimbursement for services provided by nonparticipating providers in a manner consistent with specified guidelines relating to promoting efficient and timely coordination of maintenance and post-stabilization care of an enrollee under the Social Security Act or such guidelines as the Secretary of Health and Human Services shall establish. Requires information regarding coverage of emergency services to be made available annually by plans and issuers. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to deem requirements of the Access to Emergency Medical Services Act of 1999 to be incorporated into such Acts and the Internal Revenue Code.
United States · United States Congress · 1 March 1999
Clean Gasoline Act of 1999 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the effects of use of low sulfur motor vehicle gasoline on urban and regional air quality. Provides for an update within two years of submission of the original report. Authorizes the Administrator to promulgate a regulation to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than concentrations specified under this Act if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act.
United States · United States Congress · 1 March 1999
Senior Citizens' Freedom to Work Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 25 February 1999
State and Local Investment Opportunity Act of 1999 - Amends the Internal Revenue Code to increase the State ceiling on private activity bonds. Provides for inflation adjustment.
United States · United States Congress · 24 February 1999
Improved Maternal and Children's Health Coverage Act of 1999 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act (SSA) to mandate: (1) development and use of a uniform, simplified application form for establishing eligibility for Medicaid and CHIP benefits; (2) coordinated enrollment processes; and (3) timely response to inquiries received through a national toll-free telephone number for information on children's coverage under such programs. Requires the Secretary of Health and Human Services to establish such number. (Sec. 2) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and CHIP with regard to children and pregnant women. Directs the Secretary to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available under this Act. Sets forth a special rule for certain enrollment and outreach activities providing for use of three percent of CHIP funds at 90 percent Federal match for such activities. Amends SSA title XIX to provide for additional entities (including elementary and secondary schools, child support enforcement agencies, and child care resource and referral agencies) that are qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 3) Amends SSA title XXI to require, to the extent a State child health plan provides coverage other than through providing benefits under the State's Medicaid plan, a State child health plan to: (1) specify methods to ensure coordination of pediatric care within a family; (2) make the State and its contractors, and not beneficiaries and families, responsible for applying limitations on cost-sharing; (3) impose, at its option, a flat limit (of up to $500) on out-of-pocket expenditures for certain low-income children (as an alternative to the current five percent of family income); and (4) provide a grace period and prior notice before disenrollment for nonpayment of premiums, if the State child health plan requires the payment of a premium and such premium is not paid on a timely notice, as well as an opportunity for a hearing on the matter. Prohibits State child health plan eligibility standards from permitting the use of mandatory waiting periods, unless the Secretary finds that such a period would not be contrary to title XXI. (Sec. 4) Amends SSA title XIX to provide for, among other changes: (1) automatic reassessment of eligibility for CHIP and Medicaid benefits for children losing Medicaid or CHIP eligibility; (2) optional CHIP coverage of low-income, uninsured pregnant women; (3) State option to cover qualified alien children under the Medicaid and CHIP programs; (4) elimination of the funding offset for exercise of the presumptive eligibility option; (5) automatic enrollment of children born to targeted low-income pregnant women receiving pregnancy-related assistance under such programs; and (6) CHIP and Medicaid program coordination with the Maternal and Child Health Services program under SSA title V.
United States · United States Congress · 24 February 1999
Continued Dumping or Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
United States · United States Congress · 24 February 1999
Amends the Internal Revenue Code to classify qualified leasehold improvement property (defined as certain improvements made to an interior portion of nonresidential real property) as ten-year property for depreciation purposes under the Accelerated Cost Recovery System.
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
Defense Jobs and Trade Promotion Act of 1999 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
United States · United States Congress · 11 February 1999
Retirement Account Portability Act of 1999 - Amends the Internal Revenue Code to permit rollovers from State and tax-exempt instrumentalities and from and to public school retirement plans. (Sec. 3) Permits individual retirement plan (IRA) rollovers only if the entire amount is deposited into another defined contribution retirement plan and certain other conditions are met. (Sec. 4) Provides for faster vesting of employer matching contributions. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend single employer missing participant provisions to multiemployer plans. Authorizes transfer of a missing participant's benefits to a corporation upon termination of certain pension plans. (Sec. 6) Removes certain restrictions on the rollover of after-tax contributions. Provides a hardship exception to the 60-day transfer requirement. (Sec. 7) Permits distributions upon severance from employment (currently upon separation from employment). (Sec. 8) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution options available under a transferor defined contribution plan. (Sec. 9) Authorizes employers to disregard rollovers for purposes of employee cash-out amounts under the Code and ERISA. (Sec. 10) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to Federal or public school and State and tax-exempt instrumentality pension plans.
United States · United States Congress · 11 February 1999
United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude. (Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act. Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met. Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed. (Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands) (Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations. Requires a report on the results of the study to specified congressional committees. (Sec. 8) Authorizes appropriations.
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
TABLE OF CONTENTS: Title I: Eligible Shareholders of an S Corporation Title II: Qualification and Eligibility Requirements of S Corporations Title III: Taxation of S Corporation Shareholders Title IV: Effective Date Subchapter S Revision Act of 1999 - Title I: Eligible Shareholders of an S Corporation - Amends the Internal Revenue Code to allow certain members of a family to be treated as one shareholder of an S corporation (electing small business corporation). Permits nonresident aliens to be S corporation shareholders if the corporation is engaged in a U.S. trade or business. Subjects such aliens' effectively-connected U.S. income to withholding tax. Title II: Qualification and Eligibility Requirements of S Corporations - Prohibits, with respect to S corporations, treating: (1) qualified preferred stock as a second class of stock; and (2) a person as a shareholder by reason of holding such stock. (Sec. 202) Permits financial institutions to hold convertible (safe harbor) debt. (Sec. 203) Repeals: (1) the characterization of excessive passive investment income as a termination event; and (2) the passive income capital gain category. (Sec. 205) Permits: (1) an S corporation to make charitable contributions of inventory and scientific property; and (2) S corporation shareholders to increase the basis of their stock by the excess of the charitable contribution over the property's basis. (Sec. 206) Makes other-than health insurance fringe benefits nontaxable for S corporation two-percent shareholders. Title III: Taxation of S Corporation Shareholders - States that a loss recognized by a shareholder in a complete liquidation of an S corporation shall be treated as an ordinary loss to the extent the shareholder's stock basis is attributable to ordinary income from such liquidation. Title IV: Effective Date - Sets forth the effective date for provisions of this Act.
United States · United States Congress · 10 February 1999
Amends subpart F (Controlled Foreign Corporations) of the Internal Revenue Code to make permanent the provision which excludes from foreign personal holding company income qualified banking or financing income of an eligible controlled foreign corporation.
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
Declares that: (1) the final political status of the territory controlled by the Palestinian Authority can only be determined through negotiations and agreement between Israel and the Palestinian Authority; (2) any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition; and (3) the President should unequivocally assert U.S. opposition to the unilateral declaration of a Palestinian state.
United States · United States Congress · 3 February 1999
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act). (Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. (Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. (Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. (Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations. (Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. (Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 2 February 1999
Medicare+Choice Program Improvement Act of 1999 - Amends parts C (Medicare+Choice) and D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act concerning the Medicare+Choice and Medigap programs to, among other things: (1) allow enrollment in alternative Medicare+Choice plans of Medicare beneficiaries whose Medicare+Choice organizations or group health plans under which they are enrolled have provided notice of intended coverage termination; (2) guarantee access for certain Medicare beneficiaries to Medigap policies in case of involuntary termination of coverage under a Medicare+Choice plan; (3) apply Medicare+Choice and Medigap consumer protections to disabled and end-stage renal disease Medicare beneficiaries; (4) prohibit attained-age rating of premiums for Medigap policies; (5) provide for non-preemption of State prescription drug coverage mandates in case of approved State Medigap waivers; (6) prohibit "cold-call" marketing of Medicare+Choice plans; (7) grant flexibility in the definition of the term "service area" under the Medicare+Choice program; (8) provide for a three-year phase-in of risk adjustment of Medicare+Choice plan payments; (9) allow delays in certain deadlines under the Medicare+Choice program, such as delay in the rate promulgation deadline; (10) account for costs of Departments of Veterans Affairs and Defense military facility services to Medicare-eligible beneficiaries in calculating Medicare+Choice plan payment rates; (11) increase civil monetary penalties for failure to meet Medigap open enrollment requirements; and (12) provide for National Association of Insurance Commissioners, at the request of the Secretary of Health and Human Services, review, and, along with the Secretary, update of benefit packages for Medigap policies.
United States · United States Congress · 2 February 1999
African Growth and Opportunity Act - Declares the support of the Congress for the economic self-reliance of sub-Saharan African countries committed to economic and political reform, market incentives and private sector growth, eradication of poverty, and the importance of women to economic growth and development. (Sec. 4) Makes a sub-Saharan African country eligible to participate in programs, projects, or activities, or receive assistance or other benefits under this Act if the President determines, according to specified evidence, that it does not engage in gross violations of internationally recognized human rights, and has established, or is making continual progress toward establishing, a market-based economy. Directs the President to monitor and review the progress of sub-Saharan African countries to determine their current or potential eligibility under the requirements of this Act. Makes ineligible to participate in programs or receive assistance or other benefits under this Act any countries that have not made progress in meeting such requirements. (Sec. 5) Directs the President to convene annual high-level meetings between U.S. Government officials and officials of the governments of sub-Saharan African countries to foster close economic ties between them. Directs the President to establish a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum, which shall, among other things, encourage joint ventures between small and large businesses. Directs the United States Information Agency (USIA), in order to assist the Forum, to disseminate economic information in support of the free market economic reforms contained in this Act. Authorizes appropriations (but with a bar on the use of funds to create or support any nongovernmental organization whose aim is to facilitate trade between the United States and sub-Saharan Africa). (Sec. 6) Directs the President to develop a plan meeting certain requirements to enter into one or more trade agreements with certain eligible sub-Saharan African countries to establish a United States-Sub-Saharan Africa Free Trade Area. (Sec. 7) Expresses the sense of the Congress that reform of trade policies in sub-Saharan Africa that removes structural impediments to trade, consistent with the World Trade Organization (WTO), can lay the groundwork for sustained growth there in both textile and apparel exports. Directs the United States, pursuant to the Agreement on Textiles and Clothing, to eliminate the existing quotas on textile and apparel exports to the United States from Kenya and Mauritius, provided they adopt a visa system to guard against the unlawful transshipment of such goods and the use of counterfeit documents. Directs the President to: (1) continue the existing no quota policy for sub-Saharan African countries; and (2) report to the Congress on the growth in textiles and apparel exports to the United States from such countries in order to protect U.S. consumers, workers, and textile manufacturers from economic injury on account of the no quota policy. Sets forth enforcement procedures (including penalties) for violations of the requirements contained in this Act. (Sec. 8) Amends the Trade Act of 1974 to authorize the President to provide duty-free treatment of any non-import-sensitive article that is the growth, product, or manufacture of an eligible sub-Saharan African beneficiary developing country. Waives the competitive need limitation with respect to eligible countries in sub-Saharan Africa. Extends duty-free treatment to sub-Saharan African beneficiary developing countries through June 30, 2009. (Sec. 9) Expresses the sense of the Congress that: (1) the Secretary of the Treasury should instruct the U.S. Executive Directors of specified international financial institutions to use their votes to encourage their institutions to develop enhanced mechanisms which further economic and trade reforms and deep debt reduction under the Heavily Indebted Poor Countries (HIPC) debt initiative in eligible sub-Saharan African countries; and (2) relief provided to such countries under the HIPC debt initiative should primarily be made through grants rather than through extended-term debt, with interim financing for eligible countries that establish a strong record of macroeconomic reform. (Sec. 10) Expresses the sense of the Congress that the stated policy of the executive branch in the 1997 Partnership for Growth and Opportunity in Africa initiative is a step toward the establishment of a comprehensive trade and development policy for sub-Saharan Africa and is a companion to the policy goals set forth in this Act. Directs the President, in addition to continuing bilateral and multilateral economic and development assistance, to target technical assistance toward: (1) developing relationships between U.S. firms and firms in sub-Saharan Africa; (2) providing assistance to sub-Saharan African countries to liberalize trade and promote exports, bring their regimes into compliance with WTO standards, make financial and fiscal reforms, and promote greater agribusiness linkages; (3) addressing critical agricultural policy issues as market liberalization, agricultural export development, and agribusiness investment in processing and transporting agricultural commodities; (4) increasing the number of reverse trade missions to growth-oriented sub-Saharan African countries; (5) increasing trade in services; and (6) encouraging greater sub-Saharan participation in future WTO negotiations on services and making further commitments in their schedules to the General Agreement on Trade in Services in order to encourage the removal of tariff and nontariff barriers. (Sec. 11) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should exercise its authorities to initiate, in addition to any existing fund, an equity fund or funds in support of projects in sub-Saharan African countries, particularly projects that expand opportunities for women entrepreneurs and employment for the poor. (Sec. 12) Amends the Foreign Assistance Act of 1961 to direct the Board of Directors of OPIC to increase financial assistance in sub-Saharan Africa. Amends the Export-Import Bank Act of 1945 to make similar changes with respect to the Export-Import Bank of the United States. (Sec. 13) Directs the President to establish the position of Assistant United States Trade Representative for African Affairs within the Office of the United States Trade Representative to direct and coordinate interagency activities on U.S.-Africa trade policy and investment matters. (Sec. 14) Directs the Secretary of Commerce, subject to the availability of appropriations, to take steps to ensure that at least 20 full-time U.S. and Foreign Commercial Service employees are stationed in sub-Saharan Africa, including that full-time Service employees are stationed in not less than ten different sub-Saharan African countries. Directs the Service to take specified action to encourage the export of U.S. goods and services to sub-Saharan African countries. (Sec. 16) Expresses the sense of the Congress that, to the extent appropriate, the U.S. Government should make every effort to donate to governments of eligible sub-Saharan African countries air traffic control equipment that is no longer in use, including appropriate related reimbursable technical assistance for such equipment.
United States · United States Congress · 2 February 1999
TABLE OF CONTENTS: Title I: Miscellaneous Trade Corrections Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions Subtitle A: Temporary Duty Suspensions and Reductions Subtitle B: Trade Provisions Title III: Amendments to Internal Revenue Code of 1986 Miscellaneous Trade and Technical Corrections Act of 1999 - Title I: Miscellaneous Trade Corrections - Makes various specified miscellaneous technical corrections to the Trade Act of 1974 and other specified Federal law involving: (1) abolishment of the East-West Foreign Trade Board; (2) repeal of the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits; (3) repeal of the exemption of documented tugs with a Great Lakes endorsement from certain entry and clearance requirements; (4) change of general most-favored-nation (MFN) status to general or normal trade relations (NTR) status under the Harmonized Tariff Schedule of the United States; and (5) conforming amendments to obsolete references to the General Agreement on Tariffs and Trade (GATT). (Sec. 1003) Amends the Harmonized Tariff Schedule of the United States to allow certain entries of television receivers, monitors, and picture tubes, and combination TV-VCRs with a diagonal measurement of up to 34.29cm (currently, 33.02 cm), or 13.5 inches, to be classified as 13 inches for purposes of tariff treatment under the Schedule. Directs the Customs Service, upon proper request, to liquidate or reliquidate certain entries made on or after January 1, 1995, and before 15 days after enactment of this Act, as if such amendment applied to such entries. Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions - Subtitle A: Temporary Duty Suspensions and Reductions - Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty suspensions for: (1) specified chemicals and dyes through December 31, 2001; (2) snowboard boots with uppers of textile materials through December 31, 2001; (3) ink-jet textile printing machinery through December 31, 2001; (4) textile printing machinery through December 31, 2001; (5) substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale through December 31, 2001; (6) power weaving machines (looms), shuttle type, for weaving fabrics between 30 cm and 4.9m in width, if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams, through December 31, 2001; (7) skating boots for use in the manufacture of in-line roller skates through December 31, 2001; (8) dual thrust chamber rocket engines, each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127cm, through December 31, 2001; (9) certain manufacturing equipment through December 31, 2001; (10) textured rolled glass sheets through December 31, 2001; (11) certain anti-HIV drug substances through June 30, 1999; (12) certain high-performance loudspeakers not mounted in their enclosures, through December 31, 2001; (13) parts for use in the manufacture of certain high-performance loudspeakers through December 31, 2001; and (14) certain polymers through December 31, 2001. (Sec. 2129) Reduces the duty on a certain dye and on certain chemicals variously through December 31, 1999, December 31, 2000, and December 31, 2001. (Sec. 2161) Reduces the duty, through December 31, 2001, on weaving machines (looms), shuttleless type, for weaving fabrics between 30cm and 4.9m in width, entered without off-loom or large loom takeups, drop wires, heddles, reeds, harness frames, or beams. Subtitle B: Other Trade Provisions - Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States. (Sec. 2401) Mandates treatment as a product of the Virgin Islands, Guam, or American Samoa, during 1999 and 2000, of any article of jewelry assembled in such territory or possession. (Sec. 2402) Provides for the tariff treatment of certain components of scientific instruments and apparatus, as well as the application of the domestic equivalency test to such components. (Sec. 2403) Directs the U.S. Customs Service to liquidate or reliquidate (refund duty on) certain entries made at Los Angeles, California, and New Orleans, Louisiana, in accordance with the final decision of the International Trade Administration for shipments entered between October 1, 1984, and December 14, 1987 (case number A- 274-001). (Sec. 2404) Amends the Tariff Act of 1930 to provide that packaging material produced in the United States (currently, any packaging material), which is used by the manufacturer or any other person on or for articles which are exported or destroyed, shall also be eligible for a refund (drawback) of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material. (Sec. 2405) Directs the Secretary of the Treasury, by January 1, 2000, to provide for the inclusion of commercial importation data from foreign-trade zones in the National Customs Automation Program (an automated and electronic system for processing commercial importations). (Sec. 2406) Permits the deferral (until sale) of duty payment on any large yacht (a vessel exceeding 79 feet in length and used primarily for recreation or pleasure) that is imported for sale at a boat show, if the importer of record: (1) certifies to the Customs Service that it is imported for sale at a boat show in the United States; and (2) posts a bond in an amount equal to twice the amount of the duty ordinarily owed on such yacht. (Sec. 2407) Directs the appropriate customs officer to allow or deny within 30 days after the filing date any application for further review with respect to a protest to a decision of the Customs Service. Requires that any allowed protest be forwarded to the customs officer who will conduct the further review. (Sec. 2408) Authorizes the Customs Service, notwithstanding the fact that a valid protest was not filed, to reliquidate an entry to refund merchandise processing fees paid on goods qualifying under the North American Free Trade Agreement (NAFTA) rules of origin for which no claim for preferential tariff treatment was made at the time of importation, provided that the importer meets certain conditions. (Sec. 2409) Authorizes the entry or withdrawal from a warehouse of international travel merchandise subject to a duty. (Sec. 2410) Revises requirements with respect to the five-year review by the administering authority and the International Trade Commission of countervailing duty or antidumping duty orders, notices of injury determination, or determinations to continue an order or suspension agreement. Excludes from the computation of the five-year period preceding such a review any period during which the importation of the subject merchandise is prohibited on account of U.S. imposition of certain sanctions under the International Emergency Economic Powers Act or other Federal law against the country in which such merchandise originates, if that country is not a member of the World Trade Organization. (Sec. 2411) Applies the rates of duty effective after December 31, 1994, under the Harmonized Tariff Schedule of the United States, if lower, to certain water resistant wool trousers that were entered, or withdrawn from warehouse for consumption, after December 31, 1988, and before January 1, 1995. (Sec. 2412) Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation. (Sec. 2413) Grants duty-free treatment, through December 31, 2002, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. (Sec. 2414) Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. (Sec. 2415) Directs the U.S. Customs Service to provide for the liquidation or reliquidation (refund) of certain entries in accordance with the provisions of Treasury Decision 86-126(M) and Customs Ruling No. 224697, dated November 17, 1994. (Sec. 2417) Amends the Tariff Act of 1930 to authorize duty-free sales enterprises to be located, among other places, within a port of entry, or within 25 statute miles of a staffed port of entry, if reasonable assurance can be provided that the duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the territory. (Sec. 2418) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services. Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems. Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the Customs Service. Amends the Tariff Act of 1930 to authorize the Secretary, for a specified period, to prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided. (Sec. 2419) Allows a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met. (Sec. 2420) Revises the methodology used to calculate the drawback (refund of duties) on the export of finished petroleum derivatives that have been manufactured with (substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article. (Sec. 2421) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries of mueslix cereal; and (2) refund to the importer any excess duties paid with respect to such entries. (Sec. 2422) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997. (Sec. 2423) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements. (Sec. 2424) Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (normal trade relations treatment) to Mongolian products. (Sec. 2425) Authorizes the Commissioner of the Customs Service to establish a pilot program for FY 1999 to provide 24-hour cargo inspection service on a fee-for-service basis at a certain international airport. (Sec. 2426) Directs the Department of Defense to permit the dependent children of deceased U.S. Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System at Ford Buchanan, Puerto Rico, to complete their primary and secondary education without cost to them or any parent or relative. End of downloaded material Title III: Amendments To Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.
United States · United States Congress · 2 February 1999
Condemns: (1) the racism and bigotry espoused by the Council of Conservative Citizens; and (2) all manifestations and expressions of racism, bigotry, and religious intolerance wherever they occur. Urges all Members of the House of Representatives not to support or endorse the Council and its views.
United States · United States Congress · 2 February 1999
Recognizes the unique obstacles that women face in ensuring retirement security and survivor and disability stability and the essential role that social security plays in guaranteeing inflation-protected financial stability for women throughout their entire old age, and expresses the sense of the House of Representatives that the Congress and the President should take these factors into account when considering proposals to reform the social security system.
United States · United States Congress · 19 January 1999
Violence Against Women Act of 1999- Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel, as well as training of sexual assault forensic nurse examiners, and supporting the development of sexual assault response teams. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. Includes as a prerequisite for Federal reimbursement of forensic medical exams of victims of sexual assault that the participating governmental entity notify all victims that such reimbursement is neither contingent upon the victim's report to law enforcement officials nor upon the victim's cooperation in the prosecution of the assault. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; (3) technical assistance and training for State and local domestic violence programs; and (4) private, nonprofit, tribal domestic violence coalitions with representatives from a majority of the programs for victims of domestic violence operating within Indian reservations, and programs whose primary focus is the populations of such Indian country. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 195) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention in Schools - Authorizes appropriations for the Secretary of Education to provide grants to State, local, or tribal school systems to implement programs for elementary, middle, and secondary schools which address domestic violence, assault and stalking. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnaping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends the Federal criminal code (the code) to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the Parental Kidnaping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Federal judicial code to: (1) provide that no State shall be required to enforce any order obtained in a proceeding which would violate the constitution of the enforcing State if the proceeding were conducted in the enforcing State; and (2) declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations shall be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States shall not order specified measures if they may endanger either parent or child; and (4) States shall provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants in consultation with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds exclusively for rape prevention and education programs conducted by rape crisis centers and private nonprofit nongovernmental State and tribal sexual assault coalitions for specified programs. Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault when appropriations reach a specified minimum level. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Forensic Examinations Act - Directs the Attorney General, in conjunction with the HHS Secretary, to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle: D: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 345) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle E: Hate Crimes Prevention - Hate Crimes Prevention Act of 1999 - Amends the code to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 355) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 356) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 357) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Subtitle F: Rescheduling and Classification of Date-Rape Drugs - Directs the Attorney General to: (1) transfer flunitrazepam from schedule IV to schedule I; and (2) add ketamine hydrochloride to schedule III and, by order, add Gamma Hydroxy Butyric Acid to schedule I. Subtitle G: Access to Safety and Advocacy for Victims of Sexual Assault - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of sexual violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence and Sexual Assault Victims' Housing - Domestic Violence and Sexual Assault Victims Housing Act - Authorizes increased appropriations under the Stewart B. McKinney Homeless Assistance Act exclusively for qualified, nonprofit, nongovernmental organizations, and solely to provide supportive housing andtenant-based rental and financial assistance for persons leaving a residence due to victimization by domestic violence, stalking, or adult or child sexual assault. Subtitle B: Full Faith and Credit for Protection Orders - Amends the code to: (1) grant a tribal court civil and criminal jurisdiction over any person who violates a protection order within its jurisdiction, subject to Federal habeas corpus review, and after tribal court remedies are exhausted; and (2) require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends the code to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Strengthening Enforcement to Reduce Violence Against Women - Amends the code to revise guidelines governing persons who travel in interstate and foreign commerce and engage in domestic violence and stalking, or who violate protection orders. Subtitle H: Disclosure Protections - Amends the Social Security Act , Title IV part D, to modify disclosure protections in connection with the Federal Parent Locator Service and State plan requirements for child and spousal support. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends the code to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation for abused dependents of former members of the armed forces. Subtitle C: Confidentiality of Records - Prescribes guidelines under which the Secretary of Defense is directed to: (1) study procedures of military departments for protecting the confidentiality of communications between military dependents involved in sexual or intrafamily abuse and the professionals from whom they seek services in connection with the effects of such abuse; and (2) issue regulations to provide the maximum protections for the confidentiality of such communications; and (3) report to the Congress on results of such study and implementation of the regulations. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act of 1999 - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors (including tribal authorities). Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include programs and providers of direct services targeted to older individuals. 606) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 609) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 610) Directs such Assistant Secretary to update and improve curricula and implement continuing education training programs to improve the ability of designated health care and social services providers to recognize and address instances of elder abuse, including domestic violence and sexual assault. (Sec.611) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 612) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 613) Directs the Assistant HHS Secretary to make grants to: (1) nonprofit private or tribal organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting elder abuse victims, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1999 - Amends the Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. (Sec. 616) Amends the Public Health Service Act to authorize: (1) area health education centers to include training in domestic violence, sexual assault, and elder abuse screening and referral protocols; and (2) Federal grants to geriatric education centers for training and retraining of faculty to provide instruction regarding elder abuse situations. Subtitle B: Protections Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Family Violence Prevention and Services Act; (3) Safe Homes for Women Act of 1994; and (4) Equal Justice for Women in the Courts Act of 1994. (Sec. 625) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 627) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 628 ) Directs the Attorney General to establish a grants program for States, nongovernmental private entities, and tribal organizations to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women -. VAWA Restoration Act - Amends the Immigration and Nationality Act to modify procedures and provide special rules for battered spouses and children with respect to: (1) adjustment of status; (2) removal and deportation; (3) implementation of immigration provisions in the Violence Against Women Act (VAWA); (4) waivers and exceptions to inadmissibility for otherwise qualified battered immigrants; (5) calculation of physical presence in VAWA cancellation of removal proceedings and suspension of deportation proceedings; (6) VAWA immigration protections; (7) VAWA cancellation of removal and adjustment of status for certain nonpermanent residents; and (8) good moral character determinations for self-petitioning immediate relatives. (Sec. 638) Prescribes guidelines for: (1) discretionary first time offender waivers for aliens making child support payments; (2) misrepresentation waivers for battered spouses of United States citizens and lawful permanent residents; (3) waiver of deportability; (4) inapplicability of public charge determinations for designated aliens; and (5) access to naturalization for divorced victims of abuse. Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of certain application procedures.. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980 to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 639) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 640) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including a tribal organization, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victim s' Employment Rights Act - Prohibits an employer from taking any discriminatory employment action towards an individual for reasons pertaining to sexual or domestic violence, or stalking.. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. (Sec. 726) Sets forth defenses to such an action, including extraordinary threats to workplace safety, and undue hardship. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 to establish an entitlement for leave resulting from certain domestic violence situations for both Federal and non-Federal employees. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII : - Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State and tribal health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on the status, implementation and efficacy of Federal, State, and tribal laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into the provision of services. Authorizes appropriations.
United States · United States Congress · 19 January 1999
Hmong Veterans' Naturalization Act of 1999 - Waives the English language requirement and provides special consideration for the civics requirement with respect to the naturalization of certain aliens (or their spouses or widows) who served with special guerilla units in Laos.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Miscellaneous Trade Corrections Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions Subtitle A: Temporary Duty Suspensions and Reductions Subtitle B: Trade Provisions Miscellaneous Trade and Technical Corrections Act of 1999 - Title I: Miscellaneous Trade Corrections - Makes various specified miscellaneous technical corrections to the Trade Act of 1974 and other specified Federal law involving: (1) abolishment of the East-West Foreign Trade Board; (2) repeal of the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits; (3) repeal of the exemption of documented tugs with a Great Lakes endorsement from certain entry and clearance requirements; (4) change of general most-favored-nation (MFN) status to general or normal trade relations (NTR) status under the Harmonized Tariff Schedule of the United States; and (5) conforming amendments to obsolete references to the General Agreement on Tariffs and Trade (GATT). (Sec. 1003) Amends the Harmonized Tariff Schedule of the United States to allow certain entries of television receivers, monitors, and picture tubes, and combination TV-VCRs with a diagonal measurement of up to 34.29cm (currently, 33.02 cm), or 13.5 inches, to be classified as 13 inches for purposes of tariff treatment under the Schedule. Directs the Customs Service, upon proper request, to liquidate or reliquidate certain entries made on or after January 1, 1995, and before 15 days after enactment of this Act, as if such amendment applied to such entries. Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions - Subtitle A: Temporary Duty Suspensions and Reductions - Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty suspensions for: (1) specified chemicals and dyes through December 31, 2001; (2) snowboard boots with uppers of textile materials through December 31, 2001; (3) ink-jet textile printing machinery through December 31, 2001; (4) textile printing machinery through December 31, 2001; (5) substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale through December 31, 2001; (6) power weaving machines (looms), shuttle type, for weaving fabrics between 30 cm and 4.9m in width, if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams, through December 31, 2001; (7) skating boots for use in the manufacture of in-line roller skates through December 31, 2001; (8) dual thrust chamber rocket engines, each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127cm, through December 31, 2001; (9) certain manufacturing equipment through December 31, 2001; (10) textured rolled glass sheets through December 31, 2001; (11) certain anti-HIV drug substances through June 30, 1999; (12) certain high-performance loudspeakers not mounted in their enclosures, through December 31, 2001; (13) parts for use in the manufacture of certain high-performance loudspeakers through December 31, 2001; and (14) certain polymers through December 31, 2001. (Sec. 2129) Reduces the duty on a certain dye and on certain chemicals variously through December 31, 1999, December 31, 2000, and December 31, 2001. (Sec. 2161) Reduces the duty, through December 31, 2001, on weaving machines (looms), shuttleless type, for weaving fabrics between 30cm and 4.9m in width, entered without off-loom or large loom takeups, drop wires, heddles, reeds, harness frames, or beams. Subtitle B: Other Trade Provisions - Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States. (Sec. 2401) Mandates treatment as a product of the Virgin Islands, Guam, or American Samoa, during 1999 and 2000, of any article of jewelry assembled in such territory or possession. (Sec. 2402) Provides for the tariff treatment of certain components of scientific instruments and apparatus, as well as the application of the domestic equivalency test to such components. (Sec. 2403) Directs the U.S. Customs Service to liquidate or reliquidate (refund duty on) certain entries made at Los Angeles, California, and New Orleans, Louisiana, in accordance with the final decision of the International Trade Administration for shipments entered between October 1, 1984, and December 14, 1987 (case number A- 274-001). (Sec. 2404) Amends the Tariff Act of 1930 to provide that packaging material produced in the United States (currently, any packaging material), which is used by the manufacturer or any other person on or for articles which are exported or destroyed, shall also be eligible for a refund (drawback) of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material. (Sec. 2405) Directs the Secretary of the Treasury, by January 1, 2000, to provide for the inclusion of commercial importation data from foreign-trade zones in the National Customs Automation Program (an automated and electronic system for processing commercial importations). (Sec. 2406) Permits the deferral (until sale) of duty payment on any large yacht (a vessel exceeding 79 feet in length and used primarily for recreation or pleasure) that is imported for sale at a boat show, if the importer of record: (1) certifies to the Customs Service that it is imported for sale at a boat show in the United States; and (2) posts a bond in an amount equal to twice the amount of the duty ordinarily owed on such yacht. (Sec. 2407) Directs the appropriate customs officer to allow or deny within 30 days after the filing date any application for further review with respect to a protest to a decision of the Customs Service. Requires that any allowed protest be forwarded to the customs officer who will conduct the further review. (Sec. 2408) Authorizes the Customs Service, notwithstanding the fact that a valid protest was not filed, to reliquidate an entry to refund merchandise processing fees paid on goods qualifying under the North American Free Trade Agreement (NAFTA) rules of origin for which no claim for preferential tariff treatment was made at the time of importation, provided that the importer meets certain conditions. (Sec. 2409) Authorizes the entry or withdrawal from a warehouse of international travel merchandise subject to a duty. (Sec. 2410) Revises requirements with respect to the five-year review by the administering authority and the International Trade Commission of countervailing duty or antidumping duty orders, notices of injury determination, or determinations to continue an order or suspension agreement. Excludes from the computation of the five-year period preceding such a review any period during which the importation of the subject merchandise is prohibited on account of U.S. imposition of certain sanctions under the International Emergency Economic Powers Act or other Federal law against the country in which such merchandise originates, if that country is not a member of the World Trade Organization. (Sec. 2411) Applies the rates of duty effective after December 31, 1994, under the Harmonized Tariff Schedule of the United States, if lower, to certain water resistant wool trousers that were entered, or withdrawn from warehouse for consumption, after December 31, 1988, and before January 1, 1995. (Sec. 2412) Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation. (Sec. 2413) Grants duty-free treatment, through December 31, 2002, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. (Sec. 2414) Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. (Sec. 2415) Directs the U.S. Customs Service to provide for the liquidation or reliquidation (refund) of certain entries in accordance with the provisions of Treasury Decision 86-126(M) and Customs Ruling No. 224697, dated November 17, 1994. (Sec. 2417) Amends the Tariff Act of 1930 to authorize duty-free sales enterprises to be located, among other places, within a port of entry, or within 25 statute miles of a staffed port of entry, if reasonable assurance can be provided that the duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the territory. (Sec. 2418) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services. Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems. Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the Customs Service. Amends the Tariff Act of 1930 to authorize the Secretary, for a specified period, to prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided. (Sec. 2419) Allows a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met. (Sec. 2420) Revises the methodology used to calculate the drawback (refund of duties) on the export of finished petroleum derivatives that have been manufactured with (substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article. (Sec. 2421) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries of mueslix cereal; and (2) refund to the importer any excess duties paid with respect to such entries. (Sec. 2422) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997. (Sec. 2423) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements. (Sec. 2424) Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (normal trade relations treatment) to Mongolian products. (Sec. 2425) Authorizes the Commissioner of the Customs Service to establish a pilot program for FY 1999 to provide 24-hour cargo inspection service on a fee-for-service basis at a certain international airport. (Sec. 2426) Directs the Department of Defense to permit the dependent children of deceased U.S. Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System at Ford Buchanan, Puerto Rico, to complete their primary and secondary education without cost to them or any parent or relative.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Independent Commission on Campaign Finance Reform Title VII: Prohibiting Use of White House Meals and Accommodations for Political Fundraising Title VIII: Sense of the Congress Regarding Fundraising on Federal Government Property Title IX: Prohibiting Solicitation to Obtain Access to Certain Federal Government Property Title X: Reimbursement for Use of Air Force One for Political Fundraising Title XI: Prohibiting Use of Walking Around Money Title XII: Enhancing Enforcement of Campaign Law Title XIII: Ban on Coordinated Soft Money Activities By Presidential Candidates Title XIV: Posting Names of Certain Air Force One Passengers on Internet Title XV: Expulsion Proceedings for House Members Receiving Foreign Contributions Title XVI: Severability; Constitutionality; Effective Date; Regulations Bipartisan Campaign Finance Reform Act of 1999 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to soft money to prohibit a national committee of a political party (including a national congressional campaign committee of a political party, and any officers or agents of such party committees, and specified related entities) from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or from spending any funds not subject to the FECA limitations, prohibitions, and reporting requirements (FECA requirements). (Sec. 101) Requires State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to FECA requirements which are applied to any amounts spent for fund raising costs of such activities by national, State, district, or local committees and specified related entities. Prohibits national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organization applicants for tax-exemption status. Disallows candidates, incumbents, or their agents, or specified related entities, from soliciting, receiving, directing, transferring, or spending funds in connection with an election for Federal office as well as in connection with any election other than for Federal office or disbursing funds in connection with such an election for Federal election activities on their behalf (with exceptions), unless, in the case of an election for Federal office, the funds are subject to FECA requirements, or, unless with regard to any election other than for Federal office, the funds meet specified guidelines, including that they are not from prohibited sources. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires the following: (1) national committees, national congressional campaign committees, and any subordinate committees, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year to separately itemize their reporting. Title II: Independent and Coordinated Expenditures - Amends FECA to redefine the term "independent expenditure" to mean an expenditure by a person for a communication that is express advocacy and is not coordinated activity or is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." (Sec. 201) Redefines the term "expenditure" to include a payment made by a political committee for a communication that refers to a clearly identified candidate and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Provides that in determining whether any broadcast communication constitutes express advocacy for purposes of this Act, there shall not be taken into account any background music not including lyrics. (Sec. 203) Prohibits the Federal Election (Commission) from entering into a conciliation agreement if it determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 204) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more after the 20th day before an election; and (2) $10,000 or more up to or on the 20th day before an election. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 205) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated and independent expenditures to the candidate during the election cycle. Requires a political party committee, before making a coordinated expenditure to a candidate, to certify to the Commission that it has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a political party committee that submits a certification with respect to a candidate from transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends, during the same election cycle, to make an independent expenditure to the candidate. (Sec. 206) Redefines the term "contribution" to include coordinated activity which is defined as anything of value provided by a person in coordination with a candidate or other specified parties, for the purpose of influencing a Federal election, regardless of whether the value being provided is a communication that is express advocacy, in which such candidate seeks nomination or election to Federal office. Considers a coordinated activity as a contribution to the candidate, and in the case of a limitation on expenditures, treats it as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under FECA. Title III: Disclosure - Amends FECA to replace provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and faxes; (2) make electronically filed reports publicly accessible on the Internet within 24 hours after their receipt by it; and (3) provide methods (other than requiring a signature on the filing) for verifying covered reports. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary FECA compliance. Extends from six to 12 months the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for identification of other than political committee contributors to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require only the names and addresses of persons who make contributions of between $50 and $200 per year. (Sec. 305) Revises requirements for use of candidates' names. (Sec. 306) Prohibits a person from soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees of political parties and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 per year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises requirements for publication and distribution of any print, broadcast, or general public political advertising. Title IV: Personal Wealth Option - Amends FECA to direct the Commission to issue a certification that a Senate or House of Representatives candidate is an eligible primary or general election congressional candidate if the candidate files with it a declaration that the candidate and the candidate's authorized committees (relevant parties) will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded, to: (1) revoke the certification; and (2) require the relevant parties to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible congressional candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to require any labor organization receiving payments from a employee pursuant to an agreement requiring non-member employees to make such payments in lieu of organization dues or fees to establish a specified objection procedure, or be liable for an unfair labor practice (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al.). (Sec. 501) Requires a labor organization, with respect to a non-member employee who files an objection under such a procedure, to reduce the employee's payments in lieu of organization dues or fees by an amount which reasonably reflects the ratio that the organization's expenditures supporting political activities unrelated to collective bargaining bear to such organization's total expenditures. Requires a reasonable explanation to the employee of such ratio and reduction. (Sec. 502) Amends FECA to revise provisions on permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. Specifies prohibited kinds of conversion of such funds to personal use. (Sec. 503) Revises Federal postal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during the 180-day period before a general election for the office held by the Member of Congress or during the 90-day period before any primary election for that office, unless the Member has made a public announcement that the Member will not be a candidate for reelection during that year or for election to any other Federal office. (Sec. 504) Amends the Federal criminal code to revise the prohibition against fund raising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, from soliciting a donation of money or other thing of value in connection with a Federal, State, or local election from any person while in any room or building occupied in the discharge of official duties by a Federal officer or employee. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act (PECFA), and the Presidential Primary Matching Payment Account Act (such Acts). Permits conciliation agreements to correct or prevent such violations to include equitable remedies or penalties, disgorgement of funds to the Treasury, or community service requirements (including requirements to participate in public education programs). Sets forth requirements for late filing of FECA reports, including requiring establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals, prohibiting use of "willful blindness" as a defense against a charge of violating the foreign contributions ban under FECA, by prohibiting as a defense to a violation of such ban that the defendant did not know that the contribution originated from a foreign national if the defendant should have known that the contribution originated from a foreign national, except that the trier of fact may not find that the defendant should have known that the contribution originated from a foreign national solely because of the contributor's name. (Sec. 507) Prohibits minors (age 17 or younger) from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of such Acts. (Sec. 509) Revises the basis for mandatory Commission initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts. Replaces "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. (Sec. 510) Sets forth disclaimers to affirm equal participation of eligible voters in campaigns and elections for Federal office. (Sec. 511) Establishes criminal penalties for violation of the prohibition against contributions by foreign nationals. (Sec. 512) Provides for expedited court review of certain alleged FECA violations. (Sec. 513) Amends the Internal Revenue Code (IRC) to prohibit and set penalties for conspiracy to violate presidential and vice presidential campaign spending limits under PECFA or FECA. (Sec. 514) Amends FECA to set forth guidelines for political committees to return certain illegal contributions and donations to their sources via the Commission which is required to establish a single interest-bearing escrow account for such purpose, with any contributions or donations deposited in such account allowed to cover any applicable fines or penalties imposed against the contributor or donor. (Sec. 515) Establishes within the Commission a clearinghouse of specified public information on political activities of foreign principals and their agents. Authorizes appropriations. (Sec. 516) Amends IRC to prohibit presidential and vice presidential candidates from receiving amounts from the Presidential Election Campaign Fund (PECF) unless the candidate certifies that the candidate will not solicit any funds (soft money) for the purposes of influencing such election, including any funds used for an independent expenditure under FECA, unless the funds are subject to FECA requirements. Title VI: Independent Commission on Campaign Finance Reform - Establishes the Independent Commission on Campaign Finance Reform to study and report to the President, the Speaker of the House, and congressional leadership on the laws relating to the financing of political activity, and recommend any legislation to reform them. (Sec. 606) Provides for expedited congressional consideration of any legislation implementing a recommendation of the Independent Commission, including a joint resolution proposing an amendment to the Constitution. (Sec. 608) Authorizes appropriations. Title VII: Prohibiting Use of White House Meals and Accommodations for Political Fundraising - Amends the Federal criminal code to prohibit and set penalties for the use of White House meals and accommodations for political fund raising. Title VIII: Sense of the Congress Regarding Fundraising on Federal Government Property - Expresses the sense of the Congress that Federal law clearly demonstrates that "controlling legal authority" under the Federal criminal code prohibits the use of Federal property to raise campaign funds. Title IX: Prohibiting Solicitation to Obtain Access to Certain Federal Government Property - Amends the Federal criminal code to impose criminal penalties upon anyone who solicits or receives anything of value in consideration of providing a person with access to Air Force One, Marine One, Air Force Two, Marine Two, the White House, or Vice President's residence. Title X: Reimbursement for Use of Air Force One For Political Fundraising - Amends FECA to require any political committee of a national political party for whom the President, Vice President, or any executive department head uses Air Force One for transportation for any travel which includes a fund raising event for committee benefit to reimburse the Federal Government for the fair market value of the transportation of the individual involved, based on the cost of an equivalent commercial chartered flight. Title XI: Prohibiting Use of Walking Around Money - Amends FECA to make it unlawful for any political committee to provide currency to any individual (directly or through an agent of the committee) for purposes of encouraging the individual to appear at the polling place for the election. Title XII: Enhancing Enforcement of Campaign Law - Amends FECA to: (1) mandate between one and ten years imprisonment for any person who knowingly and willfully violates any FECA provisions involving making, receiving, or reporting any contribution or expenditure aggregating $2,000 or more per calendar year; and (2) authorize the Attorney General to bring criminal actions for a FECA or PECFA violation. Title XIII: Ban on Coordinated Soft Money Activities By Presidential Candidates - Amends IRC to prohibit coordination of soft money for issue advocacy by presidential and vice presidential candidates receiving public financing from PECF, unless such funds are subject to FECA requirements. Title XIV: Posting Names of Certain Air Force One Passengers on Internet - Directs the President to make available through the Internet the names of non-governmental passengers on Air Force One and Two, with certain exceptions for national security reasons. Title XV: Expulsion Proceedings for House Members Receiving Foreign Contributions - Mandates that Members of the House of Representatives convicted of violating foreign national contribution prohibitions under FECA have such conduct reported to the House by the Committee on Standards of Official Conduct, along with any recommendation for expulsion. Title XVI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning severability, review of constitutional issues, effective date, and regulations.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1999 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider with prior authorization. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one issuer; or (2) two or more coverage options that differ significantly regarding the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit: (1) a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider; and (2) designation of a pediatrician as a child's primary provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating health professional as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered (including the number of days in a hospital) if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor (or against an employee of such an employer or sponsor acting within the scope of employment) only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 19 January 1999
Fair Minimum Wage Act of 1999 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently $5.15 per hour) to: (1) $5.65 an hour during the year beginning on September 1, 1999; and (2) $6.15 an hour beginning on September 1, 2000. Makes Federal minimum requirements applicable to the Commonwealth of the Northern Mariana Islands.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Mineral Exploration and Development Title II: Environmental Considerations of Mineral Exploration and Development Title III: Abandoned Locatable Minerals Mine Reclamation Fund Title IV: Administrative and Miscellaneous Provisions Subtitle A: Administrative Provisions Subtitle B: Miscellaneous Provisions Mineral Exploration and Development Act of 1999- Title I: Mineral Exploration and Development - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims executed under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 103) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 104) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 105) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 106) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 107) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Title II: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts to the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 205) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 207) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 208) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 209) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Title III: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund) to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 303) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 306) Subjects to a royalty scheme of eight percent of the net smelter return the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act. Title IV: Administrative and Miscellaneous Provisions - Subtitle A: Administrative Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision-making for National Forest System lands. (Sec. 402) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 403) Prescribes procedural guidelines for the publication of an application for an operations permit and public participation requirements. (Sec. 404) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 406) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 407) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Subtitle B: Miscellaneous Provisions - Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 413) Adjusts the dollar amounts established under this Act to a certain inflation formula. (Sec. 417) Prohibits the issuance after January 4, 1997, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 418) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 419) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal Acts: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 420) Declares that this Act applies to Federal lands used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 421) Requires recipients of funds under this Act to comply with the "Buy American Act." Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 423) Declares that court-awarded compensation for a Federal taking under the Fifth Amendment to the Constitution shall be paid from the Fund. Directs the Secretary of the Interior to report annually to the Congress the percentage of each mining claim held by a foreign firm.
United States · United States Congress · 19 January 1999
Amyotrophic Lateral Sclerosis (ALS) Treatment and Assistance Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration for use in the treatment or alleviation of ALS-related symptoms.
United States · United States Congress · 19 January 1999
Employee Educational Assistance Act of 1999 - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 19 January 1999
National Health Service Corps Scholarship Program Incentive Act - Amends the Internal Revenue Code to exclude from gross income scholarship amounts received for certain teaching, research, or other services by an individual under the National Health Service Corps Scholarship Program.
United States · United States Congress · 6 January 1999
Genetic Information Nondiscrimination in Health Insurance Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
United States · United States Congress · 6 January 1999
Justice for Holocaust Survivors Act - Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in certain cases where money damages are sought for the personal injury of a U.S. citizen caused by an act of genocide occurring during World War II in the predecessor states of the Federal Republic of Germany, or in any territories or areas occupied, annexed, or otherwise controlled by those states. Sets the venue for such cases. Makes an exception to immunity from attachment with respect to such claims.
United States · United States Congress · 6 January 1999
John Glenn Congressional Gold Medal Act - Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Senator John Herschel Glenn, Jr., in recognition of his significant contributions to American society for more than 50 years. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 6 January 1999
Structured Settlement Protection Act - Amends the Internal Revenue Code to: (1) impose an excise tax on persons acquiring structured settlement payments in factoring transactions; and (2) set forth related reporting requirements.
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
Federal Employees Group Long-Term Care Insurance Act of 1999 - Sets forth provisions for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants. Authorizes the Office of Personnel Management to purchase group long-term care insurance policies from, and design benefits packages and negotiate final offerings with, qualified carriers. Provides that policy coverage and benefits shall be guaranteed to be renewable and may not be canceled except for nonpayment of premiums. Requires provided benefits to be compliant with standards recommended by the National Association of Insurance Commissioners. Requires premium payments to be withheld from the pay or annuities of enrollees. Sets forth provisions governing the filing of claims, the administrative resolution of claims disputes, and the jurisdiction of U.S. district courts over related suits. Authorizes appropriations.
United States · United States Congress · 6 January 1999
Central American and Caribbean Refugee Adjustment Act of 1999 - Amends the Nicaraguan Adjustment and Central American Relief Act to eliminate the Cuban or Nicaraguan nationality requirement for status adjustment of spouses and children. Makes nationals of Nicaragua, Cuba, El Salvador, Guatemala, Honduras, or Haiti eligible for permanent resident status adjustment under such Act. (Current law applies to nationals of Nicaragua and Cuba.) Makes conforming amendments to the Immigration and Nationality Act, as amended by the Nicaraguan Adjustment and Central American Relief Act.
United States · United States Congress · 6 January 1999
Breast Cancer Patient Protection Act of 1999 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
![Official portrait of Rep. Levin, Sander M. [D-MI-12]](https://www.congress.gov/img/member/l000263_200.jpg)