United States · United States Congress · 23 September 1999
Hedge Fund Disclosure Act - Requires each unregulated hedge fund to submit quarterly reports for public dissemination to the Board of Governors of the Federal Reserve System, including: (1) total assets and notional amount of its derivatives position; (2) the balance sheet leverage ratio of assets to liabilities; (3) meaningful, comprehensive measures of market risk; and (4) such other information as selected regulatory agencies may require. Provides for sequestration of any proprietary information. Defines unregulated hedge fund as: (1) any pooled investment vehicle with capital of $3 billion or more that is privately organized, administered by professional investment managers, not widely available to the public, and is not registered as an investment company under the Investment Company Act of 1940; and (2) any group or family of such pooled investment vehicles with total assets under management of $20 billion or more. Authorizes judicial enforcement of orders issued by designated regulatory agencies. Denies judicial review of any order issued by such agencies. Expresses the sense of Congress that each public company, including financial institutions, should regularly and publicly disclose a summary of its direct material credit exposures to significantly leveraged financial institutions, including commercial banks, investment banks, finance companies, and unregulated hedge funds. Directs the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal banking agencies to prescribe regulations to require such disclosures. Amends the Federal Deposit Insurance Act to mandate that each appropriate Federal banking agency prescribe safety and soundness standards pertaining to counterparty risk management.
United States · United States Congress · 23 September 1999
Medicare Beneficiary Prescription Drug Assistance and Stop-Loss Protection Act of 1999 - Amends the Public Health Service Act to add a new title XXVIII for the following purposes: (1) promoting qualified prescription drug coverage assistance for low-income Medicare (title XVIII of the Social Security Act) beneficiaries; (2) providing Medicare outpatient prescription drug stop-loss protection; and (3) providing access to prescription drug coverage under Medicare supplemental (Medigap) policies.
United States · United States Congress · 21 September 1999
Adopted Orphans Citizenship Act - Amends the Immigration and Nationality Act to provide for the acquisition of U.S. citizenship (as of the date of birth) by certain foreign-born children adopted by a U.S. citizen parent or parents.
United States · United States Congress · 21 September 1999
Foreign Money Laundering Deterrence and Anticorruption Act - Amends Federal law governing monetary transactions to set forth requirements relating to transactions and accounts with or on behalf of foreign entities. (Sec. 4) Expresses the sense of Congress that, in its deliberations with another country concerning money laundering and corruption issues, the United States should: (1) emphasize an approach that addresses not only the laundering of traditional criminal activity proceeds, but also the endemic problem of governmental corruption and the corruption of ruling elites; and (2) encourage enactment and enforcement of laws in such country to prevent money laundering and systemic corruption. Directs the Secretary of the Treasury to: (1) instruct the United States Executive Directors of each international financial institution to oppose any loan, disbursement, or other utilization of resources by the international financial institution (other than to address basic human needs) for any country the Secretary determines has a high level of corruption and is not taking meaningful steps to reduce it; and (2) report annually to Congress on deliberations between the United States and other countries regarding money laundering and corruption issues. (Sec. 5) Revises Federal law with respect to immunity from civil liability for disclosures of suspicious monetary transactions made by a financial institution and any of its directors, officers, employees, or agents to: (1) limit such disclosures to those made to an appropriate governmental agency; (2) extend such immunity to an independent accountant who audits a financial institution; and (3) include immunity from liability under contracts or other legally enforceable agreements. Extends such immunity also to any failure to notify either the subject of such disclosure, or any other person identified in it. Makes such immunity inapplicable to any disclosure or communication required under Federal securities law unless such law specifically refers to the Currency and Foreign Transactions Reporting Act of 1970. Prohibits notification of such disclosures or their contents to any person involved in the suspect transaction by any person, including any Government officer or employee, who knows that a report has been made. Exempts from such prohibition any use of related information by government officers in the conduct of either official duties or law enforcement, regulatory, or investigative proceedings. States that written employment references submitted by a financial institution to another upon request may disclose information concerning possible involvement in suspicious transactions relevant to possible illegalities. Shields from civil liability any financial institution and its directors, officers, employees, and agents for such a disclosure, unless it is false or made with reckless disregard for the truth. (Sec. 6) Amends Federal criminal law to specify new unlawful money laundering activities, including: (1) fraud committed against a foreign governmental entity; (2) certain munitions smuggling or export; (3) misuse of funds of certain international institutions, including the International Monetary Fund; and (4) failure to report to the appropriate Federal agency the ownership or control of a foreign corporation, of a financial account, or of a beneficial interest in a foreign trust. (Sec. 7) Imposes a fine or imprisonment penalty for false statements concerning the identity of customers of financial institutions.
United States · United States Congress · 8 September 1999
Authorizes the President, on behalf of the Congress, to present congressional gold medals to astronauts Neil A. Armstrong, Buzz Aldrin, and Michael Collins, in recognition of their monumental and unprecedented feat of space exploration, as well as their achievements in the advancement of science and promotion of the space program. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires receipts from such sales to be deposited in the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 5 August 1999
Wekiva Wild and Scenic River Act of 1999 - Amends the Wild and Scenic Rivers Act to designate specified segments of the Wekiva River, Rock Springs Run, and Black Water Creek in Florida (Wekiva river system) as components of the National Wild and Scenic Rivers System. Directs the Secretary of the Interior to enter into cooperative agreements with Florida and Lake, Orange, and Seminole counties, and appropriate local planning and environmental organizations to provide for the long-term protection, preservation, and enhancement of the Wekiva river system. Declares that use of such agreements shall not constitute National Park Service administration of the Wekiva river system and shall not cause such system to be considered as a National Park System unit. Requires publicly owned lands within the system's boundaries to continue to be managed by the agency having jurisdiction over the lands. Requires the Secretary to establish the Wekiva River System Advisory Management Committee to assist in the development of the comprehensive management plan required by the Act for the system. Authorizes appropriations.
United States · United States Congress · 5 August 1999
Prohibits the United States from operating a U.S. consulate in Jerusalem unless it is under the supervision of the U.S. Ambassador to Israel. Requires any official U.S. Government document which lists countries and their capital cities to identify Jerusalem as the capital of Israel. Declares that, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in the city of Jerusalem, the Secretary of State shall, upon the citizen's request, record the place of birth as Israel.
United States · United States Congress · 5 August 1999
Andean Adjustment Act of 1999 - Provides for the adjustment to permanent resident status of certain U.S.-resident Colombian and Peruvian nationals (and spouses, children, and certain unmarried sons or daughters)..
United States · United States Congress · 5 August 1999
Central American and Haitian Adjustment Act of 1999 - Amends the Nicaraguan Adjustment and Central American Relief Act (Act) to: (1) extend permanent resident status adjustment provisions to qualifying Salvadoran, Guatemalan, Honduran, and Haitian nationals; and (2) extend the application filing deadline. Permits certain pending applications filed by Salvadoran or Guatemalan nationals under the Act or Haitian nationals under the Haitian Refugee Immigration Fairness Act of 1998 to be converted to an application for status adjustment under the Act. Amends such Acts to: (1) authorize the Attorney General to waive certain grounds of inadmissibility; and (2) provide for issuance of immigrant visas to certain spouses and children. Provides for the limited reopening of certain orders of deportation, exclusion, or removal by certain Haitian, Cuban, or Nicaraguan nationals.
United States · United States Congress · 3 August 1999
Declares that matter otherwise legally acceptable in the mails is nonmailable, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, if it: (1) is a skill contest or sweepstakes addressed to an individual who made an election to be excluded from all mailing lists used by promoters of skill contests or sweepstakes by mailing a removal request form to the notification system established under this Act; or (2) is in noncompliance with the promoter requirements of this Act. Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address or toll- free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) establish and maintain a notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and addresses used by that promoter to mail such material. Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system. Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements.
United States · United States Congress · 29 July 1999
Taxpayer's Defense Act - Amends Federal provisions concerning discretionary congressional review of agency rules to prohibit a rule that establishes or increases a tax, however denominated, from taking effect before the enactment of a bill specifically authorizing the rule. Exempts a rule promulgated under the Internal Revenue Code. Requires an agency promulgating such a rule to submit to each House of Congress a report containing the text of the part of the rule that establishes or increases a tax, and an explanation of the rule. Outlines procedures for House and Senate consideration of the bill authorizing the rule to take effect.
United States · United States Congress · 22 July 1999
Realistic Tests for Realistic Threats National Security Act of 1999 - Requires the Director of the Ballistic Missile Defense Organization of the Department of Defense to: (1) conduct, no later than September 30, 2001, at least one intercept test of the Navy Theater-Wide defense system and the Theater High Altitude Area Defense (THAAD) system against target missiles with velocities of not less than the maximum velocity of the Taepo Dong I missile of North Korea; (2) take immediate steps to modify plans for managing the development of such systems to meet such deadline. Urges the Director, in order to improve the likelihood that the tests are successful, to review changes in the configuration of the systems to: (1) increase the speed of their interceptor missiles to well in excess of three kilometers-per-second; and (2) allow such missiles to receive and use targeting data provided by a variety of external sensors.
United States · United States Congress · 20 July 1999
Apollo Exploration Award Act of 1999 - Expresses the sense of Congress that the American people should provide a fitting and tangible tribute to each of the astronauts of the Apollo program to recognize and commemorate their bravery, substantial scientific and technical accomplishments, and unique contributions to American and world history. Requires the Administrator of the National Aeronautics and Space Administration to design and present an Apollo Exploration Award, commemorating the accomplishments of the astronauts who flew in the Apollo program. Requires the award to make a lunar rock sample its central feature. Specifies award recipients. Prohibits: (1) the use of the award for monetary gain or profit; or (2) its transfer other than to a family member of the original recipient or by inheritance. Provides for: (1) recall of a lunar sample contained in the award if the Administrator determines that such sample is required for scientific purposes; (2) prompt return of the sample to its owner when it is no longer required; and (3) replacement of the sample with a substantially equivalent one if the Administrator determines that it will not be promptly returned in its entirety and without substantial degradation.
United States · United States Congress · 20 July 1999
Prison Industries Reform Act of 1999 - Rewrites general provisions under the Federal criminal code relating to the structure and mission of Federal Prison Industries (FPI). Directs the Attorney General (currently, FPI) to determine in what manner and to what extent industrial operations shall be carried on in Federal correctional institutions. Requires that such operations be conducted so as to: (1) provide employment for the greatest number of those inmates in U.S. correctional institutions who are eligible to work as is reasonably possible; (2) generate sufficient revenues to fund industrial operations; (3) generate revenue, to be returned to the Treasury of the United States, to defray a portion of the cost of confining inmates in U.S. correctional institutions; and (4) minimize any adverse impact on domestic companies or workers to the greatest extent possible consistent with its mission. Requires: (1) the FPI to be governed by a 12-member Board of Directors appointed by the Attorney General (currently, a six-member board appointed by the President); (2) the Attorney General, in making appointments to the Board, to appoint one person recommended by each of the Speaker of the House Of Representatives, the minority leader of the House of Representatives, majority leader of the Senate, and the minority leader of the Senate; (3) Board members to serve for four years (and allows them to be reappointed) and to serve without compensation; and (4) the Director of the Bureau of Prisons to serve as Chief Executive Officer. Directs FPI to endeavor to: (1) produce products that otherwise would be produced by foreign workers outside the United States; and (2) enter into contracts with private companies for the purpose of inducing such companies to employ inmates in an FPI shop to produce products. Directs the Attorney General to appoint an Independent Review Panel to advise the Board regarding the type and quantity of products to be produced by FPI for sale in interstate commerce. (Sec. 3) Requires the Attorney General to endeavor to make available to inmates who have been committed to the custody of the Bureau opportunities to work in an FPI shop. Allows the Attorney General to set standards regarding education and conduct for those inmates who work in a FPI shop. Authorizes FPI to sell its products generally on the open market to the public, to U.S. departments and agencies, to a State or municipality, and to foreign governments. Authorizes FPI, and directs that it make it a priority, to enter into contracts with one or more companies through which such private company may produce products at an FPI shop for sale. Requires that such contract provide: (1) for the amount to be paid to FPI by the private company; (2) that if the private company employs any non-inmate workers, on or after 60 days prior to the execution of the contract, who reside within the United States, that the private company agrees to continue to employ non-inmate workers who reside within the United States in at least the same number for a period of at least 18 months after the date of the contract or the date the private company begins to produce products at an FPI shop, whichever is later (non- inmate worker requirement); and (3) that the Attorney General make available to such private company such number of inmates who have been selected to work in a prison industry carried on by FPI as shall be specified in the contract. Requires FPI to pay wages to all inmates who work in a prison industry carried on by FPI at a rate not less than the Federal minimum wage. Authorizes the Attorney General to deduct from inmate wages amounts, not exceeding 90 percent of such wages, for: (1) fines, special assessments, and restitution owed by the prisoner pursuant to court order; (2) allocations for support of the inmate's family pursuant to statute, court order, or agreement by the inmate; (3) reasonable charges for room and board, but not less than 50 percent of the total amounts deducted under this paragraph; (4) amounts to be held on account and paid to the inmate upon release; and (5) contributions to any fund established by law to compensate the victims of crime. Relieves FPI from such payment if the Panel determines that the products are: (1) foreign-made products; or (2) certain agricultural commodities or parts for the repair of farm machinery, or commodities manufactured in a Federal, District of Columbia, or State institution for use by the Federal, District, or any State or local government or by not-for-profit organizations. Directs that inmates producing such products instead be paid wages not less than would be paid by FPI on the date of this Act's enactment. Authorizes the Attorney General to deduct from inmate wages amounts, not exceeding in their aggregate 50 percent of the amount paid to an inmate, for specified purposes. Allows more than one FPI shop to be located at a Federal correctional facility, or outside a correctional facility if all of the inmates working at that shop are classified as minimum security inmates. Authorizes the Attorney General to waive the non-inmate worker requirement if the Attorney General determines that exigent circumstances exist and the private company has taken all reasonable steps to continue to employ its non-inmate workers who reside within the United States. Requires the Attorney General to submit to Congress a plan for the elimination of the use by FPI of the mandatory source preference requirement, subject to specified requirements. Prohibits FPI from undertaking the production of any new product or significantly expanding the production rate of a product for sale to any Federal entity unless the procurement requirement for that product has been eliminated in accordance with the plan. Allows Federal agencies to purchase directly from FPI those products for which the procurement requirement has been eliminated in accordance with the plan in such quantities and by such method as they deem appropriate. Exempts FPI, for purchases from the private sector in support of its operations, from the provisions of the Competition in Contracting Act and the Federal Acquisition Regulation. (Sec. 4) Directs the Attorney General: (1) three years and five years after the date of this Act's enactment, to determine what percentage of the total eligible inmates are employed by FPI; and (2) upon determining that less than 25 percent of the total number of eligible inmates are employed by FPI, to notify Congress after which the amendments made by this Act shall cease to have any further effect. Defines "eligible inmate" as a person committed to the custody of the Bureau of Prisons, who is designated to a low, medium, or high security facility operated by the Bureau, who is physically and mentally able to work. (Sec. 5) Makes provisions regarding the transportation or importation of prison-made goods inapplicable to goods produced by prisoners if: (1) such prisoners receive wages at a rate equal to the Federal minimum wage or such goods would otherwise be produced by foreign workers outside the United States; and (2) on or before any such sales commence, the State adopts a plan to eliminate within seven years any requirement that departments or agencies of that State purchase the goods manufactured by convicts incarcerated in that State.
United States · United States Congress · 20 July 1999
Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is equal to the regular rate plus a differential of not to exceed 25 percent to be offered as an alternative that patrons may use voluntarily to contribute to funding for prostate cancer research. Requires the Service to pay 70 percent of the amounts attributable to such differential to the National Institutes of Health and 30 percent to the Department of Defense. Requires the Postmaster General to include in each annual report to the Board of Governors information concerning the operation of this Act. Terminates this Act two years after the date on which such stamps are first made available to the public.
United States · United States Congress · 19 July 1999
Genetic Privacy and Nondiscrimination Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market. Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Prohibits employer disclosure of and access to genetic information without the employee's prior written consent. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Requires a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information.
United States · United States Congress · 15 July 1999
Authorizes appropriations for FY 2000 for the construction of a U.S. embassy in Jerusalem, Israel. Prohibits the United States from operating a U.S. consulate in Jerusalem unless it is under the supervision of the U.S. Ambassador to Israel. Requires any official U.S. Government document which lists countries and their capital cities to identify Jerusalem as the capital of Israel. Declares that, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in the city of Jerusalem, the Secretary of State shall, upon the citizen's request, record the place of birth as Israel.
United States · United States Congress · 1 July 1999
Wartime Violation of Italian American Civil Liberties Act - Directs the Inspector General of the Department of Justice to conduct a comprehensive review of the treatment by the Federal Government of Italian Americans during World War II (between September 1, 1939, and December 31, 1945) and to report to Congress on the findings of such review. Requires the findings to include information regarding: (1) Italian Americans who were taken into custody, interned, ordered to move out of designated areas, or arrested for curfew, contraband, or other violations; (2) Federal Bureau of Investigations raids on Italian Americans homes; (3) restrictions on Italian American fishermen and railroad workers; and (4) civil liberties infringements suffered by Italian Americans during World War II as a result of Executive Order 9066. Expresses the sense of Congress that: (1) the story of the treatment of Italian Americans during World War II needs to be told; (2) Federal agencies, including the Department of Education and the National Endowment for the Humanities, should support projects such as conferences, seminars, and lectures to heighten awareness of this unfortunate chapter in our nation's history, the refurbishment and payment of all expenses associated with the traveling exhibit "Una Storia Segreta," and documentaries allowing this issue to be presented to the American public; (3) an advisory committee should be established to assist in the compilation, research, and dissemination of information on the treatment of Italian Americans; and (4) financial support should be provided for educating the American public through the production of a documentary film suited for public broadcast. Requires the President, on behalf of the Government, to formally acknowledge that these events during World War II represented a fundamental injustice against Italian Americans.
United States · United States Congress · 1 July 1999
Medicare+Choice Risk Adjustment Amendments of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to: (1) require that the new risk adjustment methodology for Medicare+Choice payment rates be implemented in a budget neutral manner; and (2) eliminate any further adjustment in the national per capita Medicare+Choice growth percentage.
United States · United States Congress · 1 July 1999
Small Business Franchise Property Recovery Act of 1999 - Amends the Internal Revenue Code to establish certain franchise operations as 15-year property under the accelerated cost recovery system.
United States · United States Congress · 1 July 1999
Declares that Congress: (1) calls upon the Office of National Drug Control Policy to report to Congress on the progress made by the Government of Mexico in undertaking specified measures to fight drug trafficking; (2) considers these matters to be of paramount importance to the bilateral relationship between the United States and the United Mexican States; (3) calls upon the Government of Mexico to immediately return excess Huey helicopters to the U.S. Government if it no longer wants custody of this drug fighting equipment so that they might be used by other countries; (4) will consider these matters at the beginning of the second session of the 106th Congress and review whether the Government of Mexico has made substantial progress in these matters; (5) calls upon the Office of National Drug Control Policy to submit to Congress a plan to promptly redistribute the returned Huey helicopters to other drug fighting countries cooperating with the United States on counternarcotics efforts; and (6) calls upon the U.S. Government to intensify efforts to secure a maritime agreement with the Government of Mexico to facilitate greater counternarcotics cooperation.
United States · United States Congress · 29 June 1999
Expresses the sense of the House of Representatives that it should be U.S. policy to: (1) oppose the Government of Pakistan's support for armed incursion into Jammu and Kashmir, India; (2) support the immediate withdrawal of forces supported by Pakistan from the Indian side of the Line of Control, urge the reestablishment of and future respect for the Line of Control, and encourage all sides to end the fighting and exercise restraint; and (3) encourage both India and Pakistan to adhere to the principles of the Lahore Declaration.
United States · United States Congress · 25 June 1999
Fair Care for the Uninsured Act of 1999 - Title I: Refundable Credit for Health Insurance Coverage - Amends the Internal Revenue Code to allow an individual a tax credit in an amount equal to the amount paid for qualified health insurance, subject to stated limitations. Directs the Secretary of the Treasury to make payments to the provider of an individual's qualified health insurance equal to such individual's qualified health insurance credit advance amount (the Secretary's estimate of the amount of credit allowable) with respect to such provider. Title II: Study of Safety-Net Health Insurance Programs for the Medically Uninsurable - Directs the Secretary of Health and Human Services to provide for a study on the current state of all existing State safety-net health insurance programs.
United States · United States Congress · 25 June 1999
TABLE OF CONTENTS: Title I: Small Business Lawsuit Abuse Protection Title II: Product Seller Fair Treatment Small Business Liability Reform Act of 1999 - Title I: Small Business Lawsuit Abuse Protection - Allows punitive damages to be awarded against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Limits such punitive damages to the lesser of two times the amount awarded for economic and noneconomic losses, or $250,000. (Sec. 104) States that, in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility. (Sec. 105) Excepts from such liability limitations any misconduct of a defendant: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that results in liability for damages under specified provisions of the Oil Pollution Control Act of 1990 or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; (3) that involves a sexual offense or violation of a Federal or State civil rights law; or (4) caused by being under the influence of intoxicating alcohol or a drug. (Sec. 106) Preempts inconsistent State law. Title II: Product Seller Fair Treatment - States that this title governs any product liability action brought in any Federal or State court. Excludes from this title actions for commercial loss, negligent entrustment, negligence per se concerning firearms and ammunition, and actions brought under a dram-shop or third-party liability arising out of the sale or provision of alcohol to an intoxicated person or a minor. (Sec. 204) Mandates that, in any product liability action covered by this Act, a product seller other than a manufacturer shall be liable to a claimant only if such claimant establishes that: (1) the product that caused the harm was sold, rented, or leased by the seller, the seller failed to exercise reasonable care with respect to the product, and such failure was the proximate cause of harm to the plaintiff; (2) the seller made an express warranty applicable to such product, the product failed to conform to the warranty, and such failure caused the harm to the plaintiff; or (3) the product seller engaged in intentional wrongdoing (as determined under applicable State law), and such wrongdoing caused the harm to the plaintiff. States that a seller shall not be considered to have failed to exercise reasonable care with respect to a product based upon a failure to inspect if: (1) there was no reasonable opportunity to inspect; or (2) such inspection would not have revealed the aspect of the product that allegedly caused the claimant's harm. Allows a seller to be liable as a manufacturer if: (1) the manufacturer is not subject to appropriate service of process; or (2) the court determines that the claimant is or would be unable to enforce a judgment against the manufacturer. Provides limited liability for persons engaged in the business of renting or leasing a product.
United States · United States Congress · 24 June 1999
United States Marshals Service Improvement Act of 1999 - Amends the Federal judicial code to provide for the appointment of U.S. marshals for each judicial district of the United States and for the Superior Court of the District of Columbia by the Attorney General of the United States (currently, by the President), subject to Federal law governing appointments in the competitive civil service. Sets forth transitional provisions. Requires the President to appoint a marshal, for a four-year term, to fill the first vacancy which occurs in the office of U.S. marshal in any district between the date of this Act's enactment and December 31, 2001.
United States · United States Congress · 24 June 1999
International Arbitration Enforcement Act of 1999 - Makes liable for money damages any foreign state that has injured a U.S. person through its violation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards with respect to a foreign arbitral award. Amends Federal law to grant district courts exclusive jurisdiction over violations of the Convention. Waives a foreign state's sovereign immunity in any action brought against it for violations of the Convention, including the enforcement of such actions.
United States · United States Congress · 24 June 1999
Safety Net Preservation Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish a new prospective payment system for federally-qualified health centers and rural health clinics.
United States · United States Congress · 24 June 1999
New York Convention Compliance Act - Amends the Omnibus Trade and Competitiveness Act of 1988 to set forth additional requirements regarding the accession of a country to the World Trade Organization (WTO) Agreement to require the President to determine whether a country that is a party to the Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is fulfilling its obligations under the New York Convention before it can accede to such Agreement. Provides that, if the President makes a negative determination with respect to a country, then: (1) the President shall reserve the right of the United States to withhold extension of the application of the WTO Agreement between the United States and the country; and (2) the WTO Agreement shall not apply between the United States and such country until either the President certifies to Congress that the country is fulfilling its obligations under the New York Convention, or a bill submitted to Congress approving the extension of the application of the WTO Agreement between the United States and the country is enacted into law.
United States · United States Congress · 23 June 1999
Designates the Department of Veterans Affairs outpatient clinic in Melbourne, Florida, as the Jerry O' Brien Department of Veterans Affairs Outpatient Clinic.
United States · United States Congress · 23 June 1999
Increases from 50 to 100 percent the amount of gain excluded from the sale of certain small business stock. Reduces from five to three years the holding period applicable to such a sale. Makes such exclusion available to corporations. Makes the stock of larger businesses eligible. Repeals the minimum tax preference for the exclusion for incentive stock options.
United States · United States Congress · 18 June 1999
Spaceport Investment Act - Amends the Internal Revenue Code to provide the same treatment for spaceports as is provided for airports under the exempt facility bond rules.
United States · United States Congress · 16 June 1999
Hospital Outpatient Preservation Act of 1999 - Amends the Balanced Budget Act of 1997 (BBA '97) to limit temporarily the reductions in Federal payments under the Medicare prospective payment system (PPS) for hospital outpatient department services under title XVIII (Medicare) of the Social Security Act. Provides for the retroactive effectiveness of this Act as if included in BBA '97.
United States · United States Congress · 10 June 1999
Mandatory Gun Show Background Check Act - Amends the Federal criminal code to set forth provisions regarding the regulation of firearms transfers at gun shows. Defines "gun show" as an event sponsored to foster the collecting, competitive use, sporting use, or any other legal use of firearms, at which: (1) 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if one or more has been transported in, or otherwise affects, interstate or foreign commerce; and (2) there are not less than ten firearm vendors. Requires a person who is not a licensed importer, manufacturer, or dealer, and who desires to be registered as an instant check registrant, to submit to the Secretary of the Treasury an application which contains: (1) a certification by the applicant of compliance with specified Federal firearms license requirements; and (2) the applicant's photograph and fingerprints. Requires the Secretary to: (1) approve an application which meets such requirements; (2) issue to the applicant (on approval of the application and payment of a $100 fee for three years, and upon renewal of valid registration a fee of $50 for three years) an instant check registration; and (3) advise the Attorney General of the same. Provides that an instant check registration shall entitle the registrant, for a three-year period, to contact the national instant criminal background check system for information about any individual desiring to obtain a firearm at a gun show from any transferor who has requested the registrant's assistance with respect to the transfer of the firearm. Sets forth provisions regarding application approval or denial, records, and inadmissibility as evidence pertaining to the use or non-use by a transferor of the services of an instant check registrant. Grants immunity from a civil liability action to a person who (consistent with code requirements) is: (1) an instant check registrant who assists in having a background check; (2) a licensee who acquires a firearm at a gun show from a nonlicensee, for transfer to another nonlicensee in attendance at the show, for the purpose of effectuating a sale, trade, or transfer between the two nonlicensees; and (3) a nonlicensee disposing of a firearm who utilizes the services of an instant check registrant or licensee. Prohibits a qualified civil liability action (defined as a civil action brought against a person granted such immunity for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party, with exceptions) from being brought in any Federal or State court. Sets forth additional requirements regarding registration and recordkeeping, time and place of delivery of the firearm to the prospective transferee, penalties for violations of this title, inspection authority of the Secretary, and increased penalties for serious recordkeeping violations by licensees and for violations of criminal background check requirements. (Sec. 3) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Handgun Violence Prevention Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm (except for the retention or transfer of information relating to any unique identification number provided by the national instant criminal background check system and the date on which that number is provided); and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements and the agency responsible for the system and the system's compliance with Federal law does not invoke certain exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue in U.S. district. Directs that any person who is successful with respect to such action receive actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.
United States · United States Congress · 10 June 1999
Amends the Internal Revenue Code to extend the research and development tax credit to research in the Commonwealth of Puerto Rico and U.S. possessions.
United States · United States Congress · 9 June 1999
Drug Kingpins Bankruptcy Act of 1999 - Directs the Secretary of the Treasury to report annually to the Director of National Drug Control Policy the names of foreign international narcotics traffickers. Requires the President to determine annually whether or not such persons constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and to forward their names to the Secretary of the Treasury. Declares that Congress finds that a national emergency exists with respect to any individual who is designated a narcotics trafficker. Provides for the blocking (freeze) of assets that come within the possession or control of the United States, and are assets of: (1) any designated narcotics trafficker; (2) any person who materially assists in the narcotics trafficking activities of a designated narcotics trafficker; and (3) any person determined by the Secretary of the Treasury to be owned or controlled by, or to act for or on behalf of, a designated narcotics trafficker. Sets forth specified prohibited acts, including any transaction or dealing by a U.S. person (or within the United States): (1) in property or interests in property of a designated narcotics trafficker; and (2) that evades or attempts to violate the requirements of this Act. Authorizes the Secretary of the Treasury to take such actions (including the promulgation of rules and regulations) and to employ all powers granted to the President by the International Emergency Economic Powers Act to carry out this Act. Directs the President to designate as specially designated narcotic traffickers certain named persons who have been indicted in the United States on narcotics trafficking charges and whose extradition has been requested by U.S. Government officials. Directs the Secretary of State to deny a visa to, and the Attorney General not to admit to the United States, any: (1) designated narcotics trafficker; or (2) alien who the consular officer or the Attorney General knows or has reason to believe is a spouse or minor child of such trafficker, or is a person who materially assists, or is owned or controlled by, a designated narcotics trafficker. Sets forth specified exceptions.
United States · United States Congress · 9 June 1999
Open Competition and Fairness Act of 1999 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 8 June 1999
TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Effective Enforcement of Federal Firearms Laws Title III: Limiting Juvenile Access to Firearms and Explosives Title IV: Preventing Criminal Access to Firearms and Explosives Title V: Punishing and Deterring Criminal Use of Firearms and Explosives Title VI: Punishing Gang Violence and Drug Trafficking to Minors Child Safety and Youth Violence Prevention Act of 1999 - Title I: Juvenile Justice Reform - Amends provisions of the Federal criminal code (the code) regarding delinquency proceedings in district courts and transfer for criminal prosecution to require that a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency (offense or act) be surrendered to State authorities or be proceeded against in Federal court as a juvenile or tried as an adult. Repeals the prohibition against proceeding against a juvenile in Federal court unless the Attorney General certifies that the State does not have available programs and services adequate for the needs of juveniles. Authorizes a juvenile to be proceeded against as a juvenile in Federal court if: (1) the alleged offense or act is committed within the special maritime and territorial jurisdiction of the United States and is one for which the maximum authorized term of imprisonment does not exceed six months; or (2) the Attorney General, after investigation, certifies to the appropriate U.S. district court that the juvenile court or other appropriate court of a State does not have, or declines to assume, jurisdiction over the juvenile regarding the alleged act and there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Requires, if a juvenile is proceeded against as a juvenile in Federal court, that court be open to the public, except that the court may exclude all or some members of the public other than a victim unless the victim is a witness in the determination of guilt or innocence, if required by the interests of justice or if other good cause is shown. Requires that a juvenile be prosecuted as an adult if the juvenile: (1) has requested in writing upon advice of counsel to be prosecuted as an adult; or (2) is alleged to have committed an act after attaining age 14 (current law refers to a juvenile 15 years and older alleged to have committed the act after his 15th birthday) which if committed by an adult would be a serious violent felony or a specified drug offense. Makes this provision inapplicable if the Attorney General certifies to the appropriate U.S. district court that the interests of public safety are best served by proceeding against the juvenile as a juvenile. Allows a juvenile to be prosecuted as an adult if: (1) the juvenile is alleged to have committed an act after attaining age 13 which, if committed after attaining age 14 would require that the juvenile be prosecuted as an adult, upon approval of the Attorney General (but prohibits the Attorney General from delegating the authority to give the required approval to an officer or employee of the Department of Justice (DOJ) at a level lower than a Deputy Assistant Attorney General); and (2) the juvenile is alleged to have committed an act after attaining age 14 which would not constitute a serious violent felony or specified serious drug offense if committed by an adult, but which would be a serious felony, including explosives and specified drug offenses. Makes certain determinations to approve or not to approve, or to institute or not to institute, prosecution of a juvenile as an adult, and a determination to file or not to file and the contents of certifications under this title, non-reviewable in any court. Permits the juvenile in such prosecutions to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and to be convicted of a lesser included offense. Directs the Attorney General to report annually to the Congress on: (1) the number of juveniles adjudicated delinquent or tried as adults in Federal court; (2) their race, ethnicity, and gender; (3) the number of those juveniles who were abused or neglected by their families; and (4) the number and types of assault crimes committed against juveniles while incarcerated in connection with the adjudication or conviction. (Sec. 102) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate). (Sec. 104) Amends provisions regarding detention prior to disposition to: (1) require that a juvenile alleged to be delinquent or a juvenile being prosecuted as an adult, if detained prior to sentencing, be detained in a suitable place (whenever appropriate, in a foster home or community based facility, and with preference given to a place located within, or within a reasonable distance of, the district in which the juvenile is being prosecuted; and (2) prohibit (to the maximum extent feasible) such a juvenile from being detained prior to sentencing in any facility in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Requires that every juvenile detained prior to sentencing be provided with reasonable safety and security. (Sec. 105) Requires that a juvenile proceeded against for allegedly committing an offense against the United States or an act of juvenile delinquency be brought to trial within 45 days from the date such detention began or the information be dismissed on motion of the alleged delinquent or at the court's direction, with exceptions. (Sec. 106) Modifies requirements regarding dispositional hearings. Directs the court, if it finds such juvenile to be a juvenile delinquent, to hold a hearing concerning the appropriate disposition of the juvenile within 40 (currently, 20) court days, unless the court has ordered further study. Requires that a predisposition report be prepared by the probation officer who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government. Specifies that victim impact information shall be included in the report and victims, or (as appropriate) their official representatives, shall be provided the opportunity to make a statement to the court in person or present any information in relation to the disposition. Directs the court, after the dispositional hearing, to impose an appropriate sanction, including the ordering of restitution. Authorizes the court to order the juvenile's parent, guardian, or custodian to be present at the dispositional hearing and the imposition of sanctions, and to issue orders directed to such person regarding conduct with respect to the juvenile. Limits the term for which: (1) probation may be ordered for a juvenile found to be a juvenile delinquent to five years for a felony or a misdemeanor, and to one year for an infraction; (2) official detention may be ordered for such juvenile to the least of the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, ten years, or the period until the juvenile becomes 26 years old; and (3) supervised release may be ordered for such juvenile to five years. Directs the United States Sentencing Commission (the Commission) to develop a list of possible sanctions for juveniles adjudicated delinquent, which shall: (1) be comprehensive and encompass punishments of varying levels of severity; (2) include terms of confinement; and (3) provide punishments that escalate in severity with each additional or subsequent more serious delinquent conduct. Requires the court, in the case of a defendant convicted for conduct that occurred before the juvenile attained age 16, to impose a sentence without regard to any statutory minimum sentence, if it finds at sentencing (after affording the Government an opportunity to make a recommendation) that the juvenile previously has not been adjudicated delinquent for or convicted of a serious violent felony or specified serious drug offenses. (Sec. 107) Modifies provisions regarding juvenile records. Requires the court, throughout and upon completion of the juvenile delinquency proceeding, to keep a record relating to the arrest and adjudication of a juvenile alleged to have committed an offense or act that is: (1) equivalent to the record that would be kept of an adult arrest and conviction for such an offense; and (2) retained for a period equal to that for which adult conviction records are kept. Directs that such records be made available for official purposes, including communications with any victim or, in the case of a deceased victim, such victim's representative, or school officials, and to the public to the same extent as court records regarding the criminal prosecutions of adults are available. Requires the Attorney General to establish guidelines for fingerprinting and photographing a juvenile who is the subject of any such proceeding. Directs that fingerprints and photographs of a juvenile who is prosecuted as an adult be made available in the manner applicable to adult offenders. Requires the court, whenever a juvenile has been adjudicated delinquent for an act that, if committed by an adult, would be a felony or for a violation of specified firearms prohibitions, to transmit to the Federal Bureau of Investigation information concerning the adjudication, along with a notation that the matter was a juvenile adjudication. Sets forth provisions regarding the reporting, retention, disclosure, or availability of records or information where such activities are authorized or required in the law of the State in which a Federal juvenile delinquency proceeding takes place. Title II: Effective Enforcement of Federal Firearms Laws - Directs the Attorney General to establish in the office of each U.S. Attorney an Armed Criminal Apprehension Program, which shall: (1) provide for coordination with State and local law enforcement officials in the identification of violations of Federal firearms laws and the establishment of agreements with State and local law enforcement officials for the referral to the Bureau of Alcohol, Tobacco, and Firearms (BATF) and the U.S. Attorney for prosecution of persons arrested for specified violations of the code and of the Internal Revenue Code relating to firearms; (2) require that the U.S. Attorney designate not less than one Assistant U.S. Attorney to prosecute violations of Federal firearms laws; (3) provide for the hiring of BATF agents to investigate firearms violations; and (4) ensure that each person so referred to the U.S. Attorney be charged with a violation of the most serious Federal firearm offense consistent with the act committed. Directs the U.S. Attorney to carry out an extensive media and public outreach campaign focused in high-crime areas to: (1) educate the public about the severity of penalties for violations of Federal firearms laws; and (2) encourage law-abiding citizens to report the possession of illegal firearms to authorities. Grants authority regarding waiver of these provisions. (Sec. 202) Directs the Attorney General to report annually to the House and Senate Judiciary Committees regarding the program. (Sec. 203) Authorizes appropriations. (Sec. 204) Authorizes each U.S. Attorney to cross-designate one or more Assistant U.S. Attorneys to prosecute specified firearms offenses under State law in State and local courts. Title III: Limiting Juvenile Access to Firearms and Explosives - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to anyone other than a licensed person unless the licensee provides the transferee with a secure gun storage or safety device, with exceptions. Entitles a person who has lawful possession and control of a handgun, who uses a secure gun storage or safety device, to immunity from a civil action brought against a person for damages resulting from the criminal or unlawful misuse of the handgun by a third party, where: (1) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun; and (2) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device. Provides for civil penalties, and suspension or revocation of license, for violations of requirements of this title. (Sec. 302) Revises the Brady Act to increase penalties for unlawful possession by a juvenile of a handgun, ammunition, a large capacity ammunition feeding device, or a semiautomatic assault weapon: (1) giving rise to a violation in a school zone, or knowing that another juvenile intends to possess it giving rise to a violation in a school zone; and (2) with intent to use it in the commission of a violent felony, or knowing that another juvenile intends to use it in the commission of a serious violent felony. Subjects such a juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable for an adult. Prohibits the release from custody of a juvenile sentenced to a term of imprisonment simply because the juvenile attains age 18. (Sec. 303) Increases penalties and the mandatory minimum sentence for the unlawful transfer of a firearm to the juvenile. (Sec. 304) Amends the Brady Act to expand the scope of, and increase penalties for, certain juvenile weapons violations (such as transferring a semiautomatic assault weapon or a large capacity ammunition feeding device to a juvenile). (Sec. 305) Prohibits, and sets penalties for, keeping a loaded firearm, or an unloaded firearm and ammunition for it, knowing or recklessly disregarding the risk that a juvenile is capable of gaining access to the firearm or will use the firearm to cause death or serious bodily injury, or knowing that firearm possession by the juvenile is unlawful under Federal or State law, if the juvenile uses the firearm to cause death or serious bodily injury. Specifies exceptions, including that the firearm was secured with a storage or safety device or that the juvenile used the firearm for lawful self defense. (Sec. 306) Prohibits anyone under age 21 from shipping, transporting, receiving, or possessing explosive materials, with an exception for bulk quantities of under five pounds of commercially manufactured black powder under specified circumstances. Title IV: Preventing Criminal Access to Firearms and Explosives - Sets forth provisions regarding the regulation of firearms transfers at gun shows. Defines "gun show" as an event sponsored to foster the collecting, competitive use, sporting use, or any other legal use of firearms, at which: (1) 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if one or more affects interstate or foreign commerce; and (2) there are not less than ten firearm vendors. Requires a person who is not a licensed importer, manufacturer, or dealer, and who desires to be registered as an instant check registrant, to submit to the Secretary of the Treasury an application which contains: (1) a certification by the applicant of compliance with specified Federal firarms license requirements; and (2) the applicant's photograph and fingerprints. Requires the Secretary to approve an application which meets such requirements; (2) issue to the applicant (on approval of the application and payment of a $100 fee for three years, and upon renewal of valid registration a fee of $50 for three years) an instant check registration; and (3) advise the Attorney General of the same. Provides that an instant check registration shall entitle the registrant, for a three-year period, to contact the national instant criminal background check system for information about any individual desiring to obtain a firearm at a gun show from any transferor who has requested the registrant's assistance with respect to the transfer of the firearm. Sets forth provisions regarding application approval or denial, records, and inadmissibility as evidence pertaining to the use or non- use by a transferor of the services of an instant check registrant. Grants immunity from a civil liability action to a person who (consistent with code requirements) is: (1) an instant check registrant who assists in having a background check; (2) a licensee who acquires a firearm at a gun show from a nonlicensee, for transfer to another nonlicensee in attendance at the show, for the purpose of effectuating a sale, trade, or transfer between the two nonlicensees; and (3) a nonlicensee disposing of a firearm who utilizes the services of an instant check registrant or licensee. Prohibits a qualified civil liability action (defined as a civil action brought by any person against a person granted such immunity for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party, with exceptions) from being brought in any Federal or State court. Sets forth additional requirements regarding registration and recordkeeping, time and place of delivery of the firearm to the prospective transferee, penalties for violations of this title, inspection authority of the Secretary, and increased penalties for serious recordkeeping violations by licensees and for violations of criminal background check requirements. (Sec. 402) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm (except for the retention or transfer of information relating to any unique identification number provided by the national instant criminal background check system and the date on which that number is provided); and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements and the agency responsible for the system and the system's compliance with Federal law does not invoke certain exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue in U.S. district court for the district in which the person resides. Directs that any person who is successful with respect to such action receive actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee. (Sec. 403) Amends the Brady Act to prohibit firearms possession by persons who have been adjudicated to have committed an act of violent juvenile delinquency. (Sec. 404) Amends the code to prohibit, and set penalties for, teaching or demonstrating the making or use of an explosive, destructive device, or weapon of mass destruction, or distribution by any means of information pertaining to its manufacture or use with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence. (Sec. 405) Amends the Brady Act to prohibit any common or contract carrier from failing to report the theft or loss of a firearm within 48 hours after its discovery. Authorizes the Secretary to impose a civil fine of up to $10,000 for knowingly violating this provision. (Sec. 406) Authorizes the successor licensee, upon receipt of records of a discontinued business, to retain the records or submit them to the Secretary. Allows a licensee while maintaining a firearms business to voluntarily submit the records required to be kept to the Secretary if such records are at least 20 years old. (Sec. 407) Authorizes the Attorney General to provide grants to States to improve the quality and accessibility of juvenile records and to ensure that such records are routinely available for background checks performed in connection with the transfer of a firearm. Sets forth provisions regarding grant eligibility by States and allocation and permissible uses of funds. Authorizes appropriations. Title V: Punishing and Deterring Criminal Use of Firearms and Explosives - Amends the Brady Act to provide for increased penalties, including the death penalty if death results and the person shooting has attained age 18, for discharging a firearm in a school zone: (1) with reckless disregard for the safety of another; and (2) if serious bodily injury results (and provides for a mandatory minimum term of 15 to 25 years imprisonment). (Sec. 502) Amends: (1) the code to define "crime of violence" to include an offense relating to possession of explosives or firearms by convicted felons (thus making such individuals subject to pretrial detention); and (2) the Brady Act to prohibit the court from granting a probationary sentence to a person who has more than one previous conviction for a violent felony or a serious drug offense, committed under different circumstances. (Sec. 503) Increases: (1) penalties for possessing or transferring stolen firearms; (2) mandatory minimum penalties for using a firearm during and in relation to a crime of violence or drug trafficking crime; (3) penalties for a misrepresented firearms purchase in aid of a serious violent felony; and (4) penalties for engaging in an illegal firearms business. Directs the Commission to review and amend the sentencing guidelines to provide an appropriate enhancement for the latter violation, and to provide additional increases, as appropriate, for offenses involving more than 50 firearms. (Sec. 507) Increases penalties for: (1) serious recordkeeping offenses; (2) transactions involving firearms with obliterated serial numbers; and (3) firearms conspiracy. Provides for termination of a firearms dealer's license upon a felony conviction. Provides for forfeiture for a gun trafficking offense or conspiracy. (Sec. 512) Makes firearm or ammunition possession or transport in commerce after a conviction of a crime punishable by imprisonment for a term exceeding one year, and serious juvenile drug trafficking offenses, predicates under the Armed Career Criminal Act. (Sec. 514) Directs the court, in imposing a sentence on a person convicted of any crime of violence or any felony under Federal law, to order that the person forfeit to the United States any firearm used or intended to be used to commit or facilitate the commission of the offense. Requires the seizing agency to dispose of any forfeited firearm. Authorizes the Secretary, whenever any firearm is subject to forfeiture, to seize and forfeit any property otherwise forfeitable under Federal law that was involved in or derived from the crime of violence or drug trafficking crime in which the forfeited firearm was used or carried. Requires that any administrative action or proceeding (currently, any action or proceeding) for the forfeiture of firearms or ammunition be commenced within 120 days of such seizure. Directs that the forfeiture of property under code provisions regarding firearms possessed by convicted felons be governed by the Comprehensive Drug Abuse Prevention and Control Act of 1970, with an exception. (Sec. 515) Amends the Brady Act to provide for separate licenses and license fees ($100 for three years) for gunsmiths. (Sec. 516) Revises explosives provisions to prohibit any person other than a licensee or permittee from knowingly transporting, shipping, causing to be transported, or receiving any explosive materials, or from distributing explosive materials to any person other than a licensee or permittee. Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to any other person who is not a licensee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Act; (2) the system provides the licensee with a unique identification number, or five business days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by such other person would violate the Act; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Sets forth provisions regarding: (1) further procedures and exceptions, penalties for violations, and Federal, State, and local government immunity for preventing or failing to prevent sales of explosive materials; and (2) remedies for erroneous denial of explosive materials. Requires an application for a license or user permit for explosive materials to include the applicant's fingerprints and photograph. Modifies code provisions to charge the applicant a fee of up to $300 for a license and up to $100 for a permit. Sets penalties for violating the requirement for a background check for purchases of explosives. (Sec. 517) Prohibits the distribution of explosive materials to: (1) anyone who has been committed to a mental institution; (2) certain aliens; (3) anyone discharged from the armed forces under dishonorable conditions; (4) persons who have renounced their U.S. citizenship; (5) certain persons subject to a court order (such as one involving harassment, stalking, or threatening an intimate partner or their child); (6) anyone convicted of a misdemeanor crime of domestic violence; or (7) persons adjudicated delinquent. Sets forth: (1) similar restrictions regarding possession of explosives; and (2) provisions relating to aliens admitted under non-immigrant visas. Title VI: Punishing Gang Violence and Drug Trafficking To Minors - Amends the Controlled Substances Act (CSA) to increase mandatory minimum penalties for: (1) employing or using persons under age 18 in drug operations; (2) distributing drugs to minors; and (3) drug trafficking in or near a school or other protected location. (Sec. 604) Amends the code to redefine "criminal street gang" to consist of an ongoing group, club, organization, or association of three persons, whether formal or informal, that has as one of its primary purposes or activities the commission of one or more of specified criminal offenses, and which meets other specified requirements. Provides for criminal forfeiture by persons convicted of such gang offenses for CSA violations. Expands the list of violations covered by criminal street gang provisions. (Sec. 605) Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement for specified offenses committed in connection with, or in furtherance of, the activities of a criminal street gang. (Sec. 606) Revises provisions regarding traveling or transportation in aid of racketeering enterprises to: (1) increase penalties for traveling or using the mail or any facility in interstate or foreign commerce with intent to distribute the proceeds of unlawful activity or otherwise promote unlawful activity; (2) cover attempts and conspiracy to perform such acts; and (3) expand the definition of "unlawful activity" to cover burglary if the offense involves property valued at not less than $10,000, and retaliation against or intimidation of witnesses, victims, jurors, and informants. Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement for recruitment across State lines of a criminal street gang member. (Sec. 607) Prohibits, and sets penalties for, interstate travel to engage in witness intimidation or obstruction of justice. Makes anyone who conspires to obstruct justice with respect to victims, witnesses, and informants subject to the same penalties as those prescribed for the underlying offense. Directs the Attorney General to: (1) survey all State and selected local witness protection and relocation programs to determine and report to Congress on the extent and nature, and training needs, of such programs; and (2) make available to State and local law enforcement agencies training, based on survey results, to assist those agencies in developing and managing such programs. Authorizes appropriations. Requires the Attorney General to engage in activities which promote coordination among State and local witness interstate relocation programs and to establish a model Memorandum of Understanding (MOU) for States and localities. Authorizes the Attorney General to expend specified funds appropriated under the Omnibus Crime Control and Safe Streets Act of 1968 to make grants to jurisdictions that have such programs and that have substantially followed the model MOU. Directs the Attorney General to establish guidelines relating to implementation and to determine which jurisdictions are eligible for grants. Amends the Safe Streets Act to authorize the use of drug control and system improvement (Byrne) grants to develop and maintain witness security and relocation programs.
United States · United States Congress · 27 May 1999
Military Survivor Benefits Improvement Act of 1999 - Amends Federal provisions concerning the military Survivor Benefit Plan (SBP) to adjust the basic SBP annuity amount for surviving spouses age 62 or over of former military personnel to: (1) 35 percent of the retired pay of the decedent, for months beginning on or before the enactment of this Act (current law); (2) 40 percent of such pay, for months beginning after the date of enactment of this Act until October 2004; and (3) 45 percent of such pay, for months beginning on or after October 2004. Adjusts similarly the percentage amounts of SBP supplemental annuity authorized to be provided for such surviving spouses. Directs the Secretary of Defense to ensure appropriate adjustments in the computation of retired pay reductions for such supplemental annuities made necessary by this Act.
United States · United States Congress · 25 May 1999
Bring Them Home Alive Act of 1999 - Directs the Attorney General to grant refugee status in the United States to any alien (and the parent, spouse, and child of such) who: (1) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (2) personally delivers into U.S. custody a living American Vietnam War POW or MIA. Requires the granting of the same status to any alien (and parent, spouse, and child) who is a national of North Korea, China, or any of the independent states of the former Soviet Union and who personally delivers a living American Korean War POW or MIA. Directs the International Broadcasting Bureau to broadcast to such foreign countries information that promotes such refugee programs. Requires: (1) a minimum level of such broadcasting; and (2) the Bureau to ensure that such information is made available on the Internet. Expresses the sense of the Congress that RFE-RL, Inc., Radio Free Asia, and any other recipient of Federal grants that broadcasts to such countries should also broadcast such information.
United States · United States Congress · 25 May 1999
CRA Sunshine Act of 1999 - Amends the Federal Deposit Insurance Act to mandate: (1) full disclosure to the appropriate Federal supervisory banking agency and to the public of any agreement entered into by an insured depository institution with a nongovernmental entity in connection with the Community Reinvestment Act of 1977 which involves such institution's resources; and (2) an annual report to such agency by each party to the agreement. States that noncompliance with this Act renders the agreement nonenforceable after due notice and a reasonable period to comply.
United States · United States Congress · 24 May 1999
American Inventors Protection Act of 1999 - Title I: Inventors' Rights - Inventors' Rights Act - Amends Federal patent law to oblige any invention promoter, when entering into a contract for invention promotion services, to disclose to a customer in writing: (1) whether the promoter's usual business practice is to seek more than one contract in connection with an invention, or seek to perform promotion services in one or more phases, with the performance of each phase covered in one or more subsequent contracts; and (2) a summary of the promoter's usual business practices, including the usual business terms of contracts, and the approximate amount of the usual fees or other consideration for each of the services provided. (Sec. 102) Prescribes a standard cover notice for every invention promotion services contract, including: (1) the procedure for contract cancellation; (2) the total number of inventions evaluated by the promoter for commercial potential in the past five years, including the number of positive and of negative evaluations; (3) the total number of customers who have contracted with the promoter in the past five years; (4) the total number of customers known by the promoter to have received a net financial profit as a direct result of the invention promotion services provided; (5) the total number of customers known by the invention promoter to have received license agreements for their inventions as a direct result of such services; and (6) the names and addresses of all previous invention promotion companies with which the promoter or its officers have collectively or individually been affiliated in the previous ten years. Sets forth mandatory contract terms and remedies for certain prohibited contract practices. Establishes a Federal cause of action for inventors injured by material false or fraudulent statements or representations, or any omission of material fact, by an invention promoter, or by the promoter's failure to make the required written disclosures. Sets minimum damages at $5,000, leaving the court discretion to treble actual damages, taking into account past complaints against the same invention promoter. Makes it a misdemeanor for an invention promoter to make fraudulent representations to a customer. Title II: First Inventor Defense - First Inventor Defense Act - Amends Federal patent law to declare that it shall be a defense to an infringement action with respect to any subject matter that would otherwise infringe one or more claims asserting a process or method in the patent being asserted against a person, if such person had, acting in good faith, actually reduced the subject matter to practice at least one year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent. (Sec. 202) Deems a commercial use, in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, any use for which the public is the intended beneficiary, except that such use: (1) may be asserted as a defense only for continued use by and in the laboratory or nonprofit entity; and (2) may not be asserted as a defense with respect to any subsequent commercialization or use outside such laboratory or nonprofit entity. States that the sale or other disposition of a useful end product produced by a patented method, by a person entitled to assert such a defense with respect to that useful end result, shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. Limits the defense to inventions for processes or methods. Prohibits the defense if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. Declares that this defense is not a general license under all claims of the patent at issue, but extends only to the specific subject matter claimed in the patent with respect to which the person can assert a defense. Extends the defense, however, to variations in the quantity or volume of use of the claimed subject matter, and to improvements that do not infringe additional specifically claimed subject matter of the patent. Requires a person asserting the defense to establish it by clear and convincing evidence. Prohibits any person who has abandoned commercial use of subject matter from relying on activities performed before the date of abandonment in establishing a defense with respect to actions taken after such date. Limits assertion of the defense to the person who performed the acts necessary to establish it. Prohibits licensing, assignment, or transfer to any person but the patent owner of the right to assert the defense, except as an ancillary and subordinate part of a good faith assignment or transfer for other reasons of the entire enterprise or line of business to which the defense relates. Restricts the site of use of a subject matter for which the defense may be asserted if the defense has been acquired as part of such a good faith assignment or transfer. Title III: Patent Term Guarantee - Patent Term Guarantee Act of 1999 - Amends Federal patent law to extend the term of a patent one day for each day lost as a result of delay created by the United States Patent and Trademark Office (USPTO) when the agency fails to: (1) make notifications within 14 months after filing of a non-provisional application about the rejection of any patent claim, or objections to or requirements for it, or of allowance of the application; (2) respond within four months to a reply to a rejection, objection, or requirement, or to an appeal of a twice-rejected claim; (3) act on an application within four months after the date of a decision by the Board of Patent Appeals and Interferences, or a decision by a Federal court in a case in which allowable claims remain in the application; or (4) issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. (Sec. 302) Requires a day-for-day extension of a patent term if: (1) a patent is not issued within three years after the filing of the application; or (2) issue is delayed by interferences, secrecy orders, or appeals. Specifies limitations to such an extension, as well as grounds for its reduction. Requires the USPTO Director to prescribe regulations establishing procedures for the application for and determination of patent term extensions and adjustments. (Sec. 303) Authorizes the Commissioner of Patents to: (1) prescribe regulations for the continued examination, at the applicant's request, of a patent application notwithstanding a final rejection; and (2) establish appropriate fees for continued examination proceedings, with a mandatory 50% fee reduction for qualifying small entities. Title IV: United States Publication of Patent Applications Published Abroad - Publication of Foreign Filed Applications Act - Requires the USPTO Director to publish each patent application 18 months after the earliest filing date for which a benefit is sought, unless the applicant requests earlier publication. Makes final and unreviewable the Director's determination to release or not to release information concerning a published patent application. Prohibits publication of any application: (1) no longer pending; (2) subject to a secrecy order; (3) which is provisional; (4) for a design patent; or (5) for an invention the applicant certifies has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing. Requires any applicant, in the latter instance, who subsequently files, in a foreign country or under a multilateral international agreement, an application directed to the invention disclosed in the application filed in the PTO, to notify the Director. (Sec. 402) Allows an applicant to submit a redacted copy of the PTO-filed application, eliminating any part or description of the invention that is not also contained in any of the corresponding applications the applicant has filed in one or more foreign countries whose applications require a less extensive description of the invention than the application or description of the invention in the application filed in the PTO. Requires the USPTO Director to publish only the redacted copy of the application, unless it is not received within 16 months after the earliest effective filing date. Requires the USPTO Director to establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant. Directs the Comptroller General to study and report to specified congressional committees on applicants who file only in the United States on or after the effective date of this subtitle. (Sec. 403) Amends Federal patent law with respect to the option of an applicant seeking patent protection in the United States to claim the filing date of an application for the same invention filed in another Convention country, provided the subsequent application is filed in the United States within 12 months of the earlier filing in the foreign country. Revises requirements for claiming such priority. Authorizes the Director to: (1) consider an applicant's failure to file a timely claim for priority to be a waiver of any such priority claim; and (2) establish procedures (including the payment of a surcharge) to accept an unintentionally delayed priority claim. (Sec. 404) Amends Federal patent law to state that a patent shall contain a (provisional) right to obtain a reasonable royalty for applicants whose applications are published under this title, or international applications designating the United States filed under the Patent Cooperation Treaty (PCT). Entitles the applicant to obtain a reasonable royalty from any person who between publication of the application and issuance of the patent: (1) makes, uses, offers for sale, or sells the invention in, or imports it into, the United States; or (2) if the invention claimed is a process, makes, uses, offers for sale, sells, or imports a product made by that process in the United States; and (3) had actual notice of the published application, including a translation into English if it was filed in a non-English language under the PCT designating the United States. Denies availability of such right unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published application. Sets a six-year statute of limitations from the date of patent issuance in which an action for reasonable royalties must be brought. Authorizes an applicant to request issuance of a patent incorporating one or more claims the USPTO Director has indicated allowable. Permits incorporation into the patent, or issuance of a separate patent, of any subsequently allowed claims. (Sec. 405) Grants a published application prior art effect as of its earliest effective U.S. filing date against any subsequently filed U.S. applications. States that any foreign filing date to which the published application is entitled will not be the effective filing date of the U.S. published application for prior art purposes, unless it is an international application designating the United States published in English under the PCT. (Sec. 406) Requires the USPTO Director to recover the cost of early publication required by this title by charging a separate publication fee after a notice of allowance is given. Title V: Patent Litigation Reduction Act - Patent Litigation Reduction Act - Revises requirements with respect to prior art citations. Repeals the authority to exclude, on request, the prior art citator's identity from the patent file, and keep it confidential. (Sec. 503) Revises the procedure for the conduct of reexamination proceedings, adding specified procedures for a third-party requester. Transfers authority to conduct such proceedings and issue orders from the Commissioner of Patents to the USPTO Director. Requires reexamination proceedings and appeals to the Board of Patent Appeals and Interferences to be conducted with special dispatch within the USPTO. Authorizes a third-party requester to: (1) appeal any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or (2) be a party to any appeal taken by the patent owner. Declares that any third-party requester whose request for a reexamination results in a reexamination order is estopped from asserting at a later time, in any civil action, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the reexamination proceedings, except newly discovered prior art unavailable at the time of such proceedings. Sets forth prohibitions with respect to subsequent requests for reexamination of a patent and final decisions in civil actions. Authorizes a patent owner to obtain a stay of any pending litigation involving an issue of patentability once an order for reexamination has been issued, unless the court determines a stay would not serve the interests of justice. Requires the USPTO Director to report to Congress on whether the reexamination proceedings established under this title are inequitable to any of the parties in interest, as well as any related legislative recommendations. Title VI: Patent and Trademark Office - Patent and Trademark Office Efficiency Act - Subtitle A: United States Patent and Trademark Office - Amends Federal patent law to reorganize the Patent and Trademark Office in the Department of Commerce into a U.S. agency within the Department, called the United States Patent and Trademark Office (USPTO), subject to the general policy direction of the Secretary of Commerce but exercising independent control of its budget, personnel, procurements, and other administrative and management functions. (Sec. 613) Vests the enumerated powers and duties of the USPTO in an Under Secretary of Commerce and Director of the USPTO (currently, the Commissioner of Patents and Trademarks). Requires the Director to appoint a Commissioner of Patents and a Commissioner of Trademarks. (Sec. 614) Prescribes personnel requirements, including mandatory written agreements with labor organizations. Requires the USPTO Director to establish a performance management system according to specified guidelines. Authorizes the Director to establish one or more broad-banded systems covering all or any portion of the USPTO workforce. (Sec. 615) Establishes a Patent Public Advisory Committee and a Trademark Public Advisory Committee. (Sec. 618) Revises the composition of the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences to reflect the changes of this Act. Repeals the current authority (of the Commissioner of Patents and Trademarks) to designate any patent examiner of the primary examiner grade or higher to serve as examiner-in-chief for a six-month period, and act as a member of the Board of Patent Appeals and Interferences. Subtitle B: Effective Date; Technical Amendments - Sets forth the effective date of this title, as well as specified technical amendments to Federal patent law. Subtitle C: Miscellaneous Provisions - Sets forth specified administrative requirements with respect to the USPTO and transfers of functions under this title. Title VII: Miscellaneous Patent Provisions - Amends Federal patent law to permit the conversion, upon applicant request, of a provisional application into a non-provisional application. Repeals the requirement that a provisional application be pending on the filing date of a non-provisional application in order for the provisional application to be relied upon in any proceeding in the USPTO. (Sec. 702) Permits persons who filed an application for patent first in a World Trade Organization (WTO) member country to claim the right of priority in a subsequent patent application filed in the United States, even if such country does not yet afford similar privileges on the basis of applications filed in the United States. Provides for the right of priority in the United States on the basis of an application for a plant breeder's right first filed in a WTO member country or in a foreign member of the International Convention for the Protection of New Varieties of Plants (UPOV Contracting Party). (Sec. 703) Makes certain limitations on remedies for patent infringement applicable only to applications filed on or after September 30, 1996. (Sec. 704) Declares that papers filed in the USPTO may be required to be on an electronic medium. (Sec. 705) Directs the Comptroller General to study and report to Congress on the potential risks to the U.S. biotechnological industry relating to biological deposits in support of biotechnology patents. Requires the USPTO to consider the Comptroller General's recommendations when drafting regulations affecting biological deposits. (Sec. 706) Specifies that an inventor involved in a USPTO interference proceeding who establishes a date of invention is subject to certain requirements, including the one that the invention was not abandoned, suppressed, or concealed. (Sec. 707) Revises the condition of patentability that subject matter developed by another person which qualifies as prior art only in certain circumstances shall not preclude the granting of a patent on an invention with only obvious differences where the subject matter and claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person. Adds to such qualifying prior art circumstances that the invention was described in another patent granted on an application filed before the applicant's date of invention. (Thus allows an applicant to receive a patent when an invention with only obvious differences from the applicant's invention was described in a patent granted on an application filed before the applicant's invention, provided the inventions are commonly owned or subject to an obligation of assignment to the same person.)
United States · United States Congress · 20 May 1999
Iran Nonproliferation Act of 1999 - Directs the President to report periodically to specified congressional committees on foreign persons who, on or after January 22, 1998, have transferred to Iran: (1) controlled goods, services, or technology; or (2) non-controlled goods, services, or technology that would nevertheless would be, if they were U.S. goods, services, or technology, prohibited for export to Iran because of their potential contribution to the development of nuclear, biological, or chemical weapons, or ballistic missile systems. Excludes from identification in such reports any such persons who were previously identified, or who have acted on behalf of, or in concert with, the U.S. Government. Authorizes the President, with specified exceptions, to apply to such foreign person certain measures: (1) set forth in Executive Order 12938 prohibitions; (2) prohibiting the sale to such persons of defense items on the United States Munitions List and defense articles and defense services, or design and construction services under the Arms Export Control Act; and (3) prohibiting the export to such persons of controlled goods and technology under the Export Administration Act of 1979. Prohibits any U.S. agency from making extraordinary payments to the Russian Space Agency in connection with the International Space Station, or any other organization or entity of the Government of the Russian Federation, unless the President has determined, and reported to specified congressional committees, that: (1) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (2) such government is taking the necessary steps to prevent the transfer from Russia to Iran of goods, services, and technology useful in the development of such weapons and systems; and (3) neither the Russian Space Agency, nor any organization under its control, has, during the one-year period prior to the determination, made transfers to Iran of controlled goods, services, or technology or non-controlled goods, services, or technology that has potential to contribute to Iran's development of nuclear, biological, or chemical weapons, or of ballistic missile systems.
United States · United States Congress · 20 May 1999
MSPA Clarification Act of 1999 - Amends the Migrant and Seasonal Agricultural Worker Protection Act to enlarge the scope of the family business exemption. (Sec. 3) Excludes from the definition of "farm labor contracting activity" a migrant or seasonal agricultural worker in a carpool arrangement. (Sec. 4) Prohibits an investigatory entry into a place of agricultural employment without prior and subsequent conferences with the person being investigated. (Sec. 5) States that an agricultural employer, association, or farm labor contractor that corrects a violation for which there is no prior adjudication of guilt shall not be subject to a civil money penalty or a private right of action. (Sec. 6) Exempts: (1) Federal or State approved farm worker housing from regulation under such Act; and (2) owners or operators of migrant agricultural housing from liability for housing conditions caused by or the responsibility of such workers. (Sec. 7) Sets forth joint employment criteria. (Sec. 8) Exempts an agricultural employer or association from confirming the registration of a farm labor contractor who supplies only worker transportation services unless the employer or association had actual knowledge that the transportation was not a worker carpooling arrangement. (Sec. 9) Excludes from the definitions of "migrant agricultural worker" and "seasonal agricultural worker" an individual employed on a year-round basis by a specific employer or association. (Sec. 10) Subjects motor vehicle safety insurance provisions to State, rather than specified Federal, requirements. (Sec. 11) Establishes a two-year statute of limitations for violations under such Act.
United States · United States Congress · 19 May 1999
Interstate Class Action Jurisdiction Act of 1999 - Grants the district courts original jurisdiction of any civil action which is brought as a class action in which any member of a proposed plaintiff class is: (1) a citizen of a State different from any defendant; (2) a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a citizen or subject of a foreign state. Prohibits the district courts from exercising jurisdiction over such a civil action if the action is an intrastate case, a limited scope case, or a State action case. Makes such prohibition inapplicable to any claim concerning a covered security. Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen. (Sec. 4) Allows a class action to be removed to a U.S. district court, except that such action may be removed by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class. Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any claim concerning a covered security. Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception. Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section, the period of limitations for any claim that was asserted in the action on behalf of any named or unnamed member of a proposed class shall be deemed tolled to the full extent provided under Federal law.
United States · United States Congress · 19 May 1999
Mother Teresa Religious Worker Act of 1999 - Amends the Immigration and Nationality Act to provide permanent authority for U.S. special immigrant entry by certain religious workers.
United States · United States Congress · 18 May 1999
Taiwan Security Enhancement Act - Expresses the sense of Congress that the Secretary of Defense and the Secretaries of the military departments should make every effort to reserve additional positions for Taiwan military officers at the National Defense University and specified other professional military education schools, and at the U.S. Military Academy, the U.S. Naval Academy, and the Air Force Academy. Expresses the sense of Congress that the Secretary of State should, when considering foreign military sales to Taiwan, to take into account Taiwan's special status and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services. Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense (DOD) funds for the assignment of additional technical staff to the American Institute in Taiwan. Directs the President to report annually to Congress with respect to Taiwan's defense needs. Directs the Secretary of Defense to develop a plan for the enhancement of programs for operational training and exchanges of personnel between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to establish secure direct communications between the U.S. Pacific military command and the Taiwan military command. Authorizes the President, subject to the Arms Export Control Act, to make available for sale to Taiwan, at reasonable cost, theater missile defense equipment and related items, satellite early warning data, modern air-defense equipment, and naval defense systems.
United States · United States Congress · 12 May 1999
TABLE OF CONTENTS: Title I: Removal of Barriers to Housing Affordability Title II: Homeownership Through Mortgage Insurance and Loan Guarantees Title III: Section 8 Homeownership Option Title IV: Community Development Block Grants Title V: Home Investment Partnerships Program Title VI: Local Homeownership Initiatives Title VII: Manufactured Housing Improvement Title VIII: Indian Housing Homeownership Title IX: Transfer of Unoccupied and Substandard Hud-Held Housing to Local Governments and Community Development Corporations Title X: Private Mortgage Insurance Cancellation and Termination American Homeownership and Economic Opportunity Act of 1999 - Title I: Removal of Barriers to Housing Affordability - Housing Affordability Barrier Removal Act of 1999 - Requires proposed and final agency rules to analyze their impact upon affordable housing availability, including provision for interested parties to offer alternatives, which shall be incorporated into the final rule if found to accomplish required objectives with a less deleterious effect upon housing. Directs the Secretary of Housing and Urban Development (HUD) to develop model housing impact analyses. (Sec. 103) Amends the Housing and Community Development Act of 1992 to authorize direct appropriations for State and local grants for regulatory barrier removal. Makes consortia of local governments eligible grantees. Requires grant use in coordination with the local comprehensive affordability strategy under the Cranston-Gonzalez National Affordable Housing Act. (Sec. 104) Amends the Housing and Community Development Act of 1974 to require jurisdictions to make good faith efforts at affordable housing barrier removal in order to qualify for community development block grants (CDBG) (without creating a private right of action). (Sec. 105) Amends the Housing and Community Development Act of 1992 to state that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of HUD under the direction of the Assistant Secretary for Policy Development and Research. Title II: Homeownership Through Mortgage Insurance and Loan Guarantees - Directs the Comptroller General of the United States to conduct a study of mandatory inspection requirements under the single family housing mortgage insurance program. (Sec. 202) Amends the National Housing Act to extend the loan term for manufactured home lot purchases. (Sec. 203) Neighborhood Teachers Act - Amends the National Housing Act to establish a (temporary) discounted home purchase program for elementary and secondary teachers. Sets forth program provisions, including a three-year residential use requirement. (Sec. 204) Authorizes mortgage insurance to refinance existing home equity conversion mortgages. Title III: Section 8 Homeownership Option - Amends the United States Housing Act to provide a single grant home ownership downpayment option under the section 8 housing assistance program. Title IV: Community Development Block Grants - Amends the Housing and Community Development Act of 1974 to authorize appropriations for the CDBG program. Prohibits set-asides, with specified exceptions. (Sec. 403) Authorizes block grant use for: (1) qualifying municipal employee (including teachers) home ownership assistance; and (2) brownfields projects environmental cleanup and economic development. (Sec. 405) Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for the housing opportunities for persons with AIDS program. Title V: Home Investment Partnerships Program - Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for affordable housing programs. Prohibits set-asides, with specified exceptions. (Sec. 502) Makes limited equity cooperatives and mutual housing associations eligible for home investment partnerships. (Sec. 503) Permits loan pool investment of partnership funds. (Sec. 504) Authorizes the Secretary to make home investment partnerships loan guarantees. Sets forth an aggregate loan guarantee limitation. (Sec. 505) Amends the Cranston-Gonzalez National Affordable Housing Act to make qualifying municipal employees (including teachers) eligible for home ownership assistance. Title VI: Local Homeownership Initiatives - Amends the Neighborhood Reinvestment Corporation Act to authorize appropriations for the Neighborhood Reinvestment Corporation. (Sec. 602) Amends the Housing and Community Development Act of 1992 to revise the home ownership zone grant program, including providing: (1) grant eligibility for units of general local government (currently nonprofit organizations); and (2) assistance targeting for specified low-income home buyers. Authorizes appropriations. (Sec. 603) Expresses the sense of Congress in favor of lease-to-own tenancies as home ownership tools. (Sec. 604) Amends the HUD Demonstration Act of 1993 to make the National Association of Housing Partnerships eligible for local capacity grants. Removes the specified amount of authorized appropriations. (Sec. 605) Amends the Cranston-Gonzalez National Affordable Housing Act to provide for a consolidated application and planning submission under the following programs: (1) HOME investment partnerships; (2) CDBG; (3) the economic development initiative; (4) emergency shelter grants; and (5) housing opportunities for persons with AIDS. Title VII: Manufactured Housing Improvement - Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council. Title VIII: Indian Housing Homeownership - Establishes the Lands Title Report Commission to facilitate home loan Mortgages on Indian trust lands. Terminates the Commission one year after its initial meeting. Authorizes appropriations. (Sec. 802) Amends the Housing and Community Development Act of 1992 to make permanent Indian housing loan guarantee authority. Title IX: Transfer of Unoccupied and Substandard HUD-Held Housing to Local Governments and Community Development Corporations - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 to direct the Secretary of Housing and Urban Development to transfer ownership of qualified HUD-held properties (substandard or unoccupied multifamily or unoccupied single family properties) to local governments and community development corporations under specified conditions. Title X: Private Mortgage Insurance Cancellation and Termination - Amends the Homeowners Protection Act of 1998 with respect to adjustable rate mortgages to: (1) revise definitions of "cancellation date" and "termination date"; (2) define "amortization schedule"; and (3) revise high risk loan provisions. (Sec. 1002) Authorizes modifications of termination, cancellation, and final termination date provisions. (Sec. 1003) Sets forth provisions regarding: (1) disclosure; and (2) balloon payments.
United States · United States Congress · 5 May 1999
Prohibits a State or interstate agency or political agency of two or more States from enforcing any regulation or law that restricts the operation of a motor vehicle providing limousine service between a place in a State and a place in another State. Prohibits a State from enforcing any regulation or law that would require a person engaged in intermunicipal limousine service within a State to obtain a license, permit, or other form of permission from more than one State agency in order to engage in such service. Declares that nothing in this Act shall prohibit any local authority from regulating limousine service if during the course of the service the same passenger is picked up within the local authority's jurisdictional area and the last stop of the passenger's service is also within the local authority's jurisdictional area.
![Official portrait of Rep. McCollum, Bill [R-FL-8]](https://www.congress.gov/img/member/m000350_200.jpg)