United States · United States Congress · 22 March 2000
Congratulates: (1) the people of Taiwan for the successful conclusion of presidential elections on March 18, 2000; (2) President Lee Teng-hui for his significant contributions to freedom and democracy on Taiwan; (3) President-elect Chen Shui-bian and Vice-President-elect Annette Hsiu-lien Lu for their victory. Expresses the sense of the House of Representatives that the People's Republic of China should abandon its provocative threats against Taiwan and undertake steps that would lead to a substantive dialogue, including a renunciation of the use of force against Taiwan and progress toward democracy, the rule of law, and protection of human and religious rights in the People's Republic of China. Affirms the provisions of the Taiwan Relations Act as the legal standard by which U.S. policy toward Taiwan shall be determined.
United States · United States Congress · 16 March 2000
Upper Mississippi River Basin Conservation Act of 2000 - Title I: Sediment and Nutrient Monitoring Network - Directs the Secretary of the Interior (Secretary), through the United States Geological Service, to establish a nutrient and sediment monitoring network for the Upper Mississippi River Basin, to be headquartered at the Upper Midwest Environmental Sciences Center in La Crosse, Wisconsin. (Sec.102) Directs the Secretary, in consultation with the Secretary of Agriculture and other involved parties, to establish guidelines for related data collection and storage activities. (Sec. 104) Directs the Secretary to: (1) collaborate with other public and private monitoring efforts in establishing the nutrient and sediment monitoring program; and (2) target resources of the State Water Resources Research Institute Program to promote nutrient and sediment studies in the Basin. Title II: Initiative, Grant, Demonstration, and Outreach Programs - Requires the Director of the United States Geological Survey, in collaboration with the Chief of the Natural Resources Conservation Service, to establish a computer modeling program of nutrient and sediment sources in the Basin, which shall include models of: (1) processes affecting field sediment and nutrient loss; (2) watersheds; (3) river channels; and (4) connections between sediment and nutrient yields and sources, land uses, and management practices. States that such information shall be headquartered at the Center in La Crosse, Wisconsin. (Sec. 202) Directs the Secretary of Agriculture to: (1) work with public and private entities to evaluate best management practices designed to reduce nutrient and sediment loss; and (2) assess such practices' economic risks. (Sec. 203) Directs the Secretary of Agriculture to administer a grant program to supplement non-Federal funds being used by public and private entities to demonstrate new best management practices to reduce nutrient and sediment loss in the Basin. (Sec. 204) Requires the Director to: (1) establish an Internet-based system to distribute information about nutrient and sediment loss reduction projects, including Basin projects, and nutrient and sediment levels in the Upper Mississippi River and its tributaries; and (2) report with respect to monitoring and modeling activities. Title III: Financial and Technical Assistance under Department of Agriculture Conservation Programs - Directs the Secretary of Agriculture to increase assistance for nutrient and sediment reduction in the Basin, including new assistance to Basin subwatersheds that are nutrient and sediment sources. (Sec. 302) Amends the Food Security Act of 1985 to designate the Basin as a conservation priority area. (Sec. 303) Increases enrollment authority under the conservation reserve and the wetland reserve programs. (Sec. 304) Amends the Federal Agriculture Improvement and Reform Act to increase funding for the wildlife habitat incentives program. Amends the Food Security Act of 1985 to increase funding for the environmental quality incentives program. (Sec. 305) Authorizes the Secretary of Agriculture to enter into cooperative agreements with public and private agencies, including agreements for goods and services (and personal services). Title IV: Protection of Personal Data - Amends the Food Security Act of 1985 to provide for privacy of personal data received by the Department of Agriculture and data collection locations with respect to natural resources conservation programs. Sets forth limited disclosure exceptions. Subjects disclosure violations to specified penalty provisions of such Act. Title V: Advisory Council on the Upper Mississippi River Stewardship Initiative - Directs the Secretary of Agriculture to establish the Advisory Council on the Upper Mississippi River Stewardship Initiative. Authorizes the Advisory Council to establish specified task groups. Title VI: Interagency Working Group on Upper Mississippi River Basin Initiative - Directs the Secretary of Agriculture and the Secretary of the Interior to establish an Interagency Working Group to coordinate Federal nutrient and sediment reduction efforts in the Basin. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 16 March 2000
Clean Air and Water Preservation Act of 2000 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive. Makes such prohibition effective three years after this Act's enactment date. Requires the Administrator of the Environmental Protection Agency to require, during the period beginning on this Act's enactment and ending three years after such date, persons selling gasoline that contains MTBE at retail to label the fuel dispensing system with a notice that the gasoline contains MTBE. (Sec. 4) Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE. Directs the Administrator to develop a clear set of technical guidelines to assist States in the investigation and cleanup of MTBE in groundwater. (Sec. 5) Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight (currently, equal or exceed two percent by weight). Invalidates Federal regulations that establish a per-gallon minimum oxygen content (percent, by weight). (Sec. 6) Requires the Administrator to revise regulations regarding reformulated gasoline to ensure that the ozone forming potential, taking into account all ozone precursors, of the aggregate emissions during the high ozone season from baseline vehicles when using reformulated gasoline does not exceed such potential of the emissions from such vehicles when using reformulated gasoline that complies with regulations that were in effect on January 1, 2000, and applicable to such gasoline sold in 2000 and thereafter. Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000. (Sec. 7) Requires the Secretary of Energy and the Administrator to report to the President and Congress on the potential for development of oxygenate alternatives to MTBE not identified in this Act and to evaluate what steps would be appropriate to foster development of such alternatives should they be found to be acceptable substitutes for MTBE. (Sec. 8) Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible.
United States · United States Congress · 16 March 2000
Amends the Internal Revenue Code to repeal the targeted area limitation on the expense deduction for environmental remediation costs and to extend the termination date of such deduction from December 31, 2001, to June 30, 2004.
United States · United States Congress · 13 March 2000
Life Insurance Tax Simplification Act of 2000 - Amends the Internal Revenue Code to repeal provisions: (1) providing for the reduction in certain deductions of mutual life insurance companies; and (2) relating to distributions to shareholders from pre-1984 policyholders surplus accounts.
United States · United States Congress · 9 March 2000
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2005, the duty on certain steam or other vapor generating boilers used in nuclear facilities. Provides for the liquidation or reliquidation (refund) of duty on such items that are entered or withdrawn from warehouse for consumption during a specified period of time.
United States · United States Congress · 8 March 2000
Postmasters Fairness and Rights Act - Amends Federal law to prescribe guidelines within which the Postal Service shall propose changes in pay policies, schedules, and fringe benefit programs affecting postmasters which are to be in effect during the period covered by a collective bargaining agreement between the Postal Service and certain recognized bargaining representatives. Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits.
United States · United States Congress · 29 February 2000
Effigy Mounds National Monument Additions Act - Allows the Secretary of the Interior to acquire by purchase, from willing sellers only, specified parcels of land in Allamakee and Clayton Counties, Iowa, for addition to the Effigy Mounds National Monument. Modifies the boundary of the Monument to include such parcels. Authorizes appropriations.
United States · United States Congress · 29 February 2000
Expresses the sense of Congress that the Federal government should: (1) promote the continued use of renewable ethanol in the Chicago reformulated gasoline market and in other reformulated gasoline areas as a means of enhancing energy security and supporting farm income; (2) allow State and local governments the option of limiting the use of methyl tertiary butyl ether (MTBE) as an oxygenate until those governments are certain that MTBE will not harm their environments; and (3) require the Environmental Protection Agency to revise the Phase II reformulated gasoline regulations under the Clean Air Act to allow ethanol to remain a viable oxygenate within the Act's reformulated gasoline program.
United States · United States Congress · 16 February 2000
Santa Rosa and San Jacinto Mountains National Monument Act of 2000 - Designates the Santa Rosa and San Jacinto Mountains National Monument in southern California, to be managed jointly by the Secretaries of the Interior and of Agriculture. Provides that nothing in the establishment of the Monument shall be construed as: (1) affecting Indian Reservations, individually held trust lands, Indian allotments, lands or interests in lands held by the State of California or its political subdivision, a special district, or the Mount San Jacinto Winter Park Authority, or private property rights within the Monuments boundaries; nor (2) granting the Secretaries authority on or over non-Federal lands not already provided by law. Requires the Secretaries to prepare a management plan for the conservation and protection of the Monument. Provides for the continued use by the University of California of certain Federal lands within the Monument (including other specified existing and historical uses). Authorizes the Secretary of the Interior, without further authorization by law, to exchange lands with the Agua Caliente Band of Cahuilla Indians for purposes of this Act. Requires the Secretaries to jointly establish an advisory committee for the Monument to advise them with respect to the preparation and implementation of the management plan. Authorizes appropriations.
United States · United States Congress · 16 February 2000
Save Our Surplus for Debt Reduction Act of 2000 - Makes it out of order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the bill or resolution as reported, the adoption and enactment of the amendment, or the enactment of the bill or resolution in the form recommended in the conference report would cause a decrease in the on-budget surplus for FY 2000. Makes such point of order inapplicable to any such legislation or motion if it reduces revenues or implements structural social security or Medicare reform. Waives or suspends the point of order under this Act in the Senate only by an affirmative three-fifths majority vote. Requires the same majority to sustain an appeal of the ruling of the Chair on such point of order. Terminates this Act on October 1, 2000.
United States · United States Congress · 16 February 2000
Expresses the sense of the Congress that: (1) the United States-Canada Softwood Lumber Agreement of 1996 should terminate on a specified date, with no extension or further quota agreement; and (2) the President should consult with appropriate stakeholders and continue discussions with the Government of Canada to promote open trade of softwood lumber between Canada and the United States.
United States · United States Congress · 10 February 2000
Rural Local Broadcast Signal Act - Amends the Rural Electrification Act of 1936 to authorize the Administrator of the Rural Utilities Service to make loan guarantees (through a specified date) to providers of multichannel video services, including direct broadcast satellite licensees, to improve access to local television broadcasting to all households desiring such service in unserved and underserved rural areas. Requires loan guarantee approval by the National Telecommunications and Information Administration. Sets forth satellite carrier loan guarantee qualifications. Authorizes appropriations. Sets forth conditions under which a borrower shall be obliged to carry local broadcast signals without charge.
United States · United States Congress · 10 February 2000
Timber and Agriculture Environmental Fairness Act - Amends the Federal Water Pollution Control Act to prohibit the Administrator of the Environmental Protection Agency from requiring a national pollutant discharge elimination system permit for discharges composed entirely of agricultural stormwater discharges or for discharges from silviculture operations. Excludes discharges of stormwater runoff from silvicultural operations from the definition of "point source."
United States · United States Congress · 8 February 2000
Installment Tax Correction Act of 2000 - Amends the Internal Revenue Code (as amended by the Ticket to Work and Work Incentives Improvement Act of 1999) to repeal revisions to the Code (made by the Act) which repealed the use of the installment method of accounting for accrual method taxpayers and modified the pledge rules of installment obligations.
United States · United States Congress · 8 February 2000
Authorizes presentation of a gold medal on behalf of Congress to former President Ronald Reagan and his wife Nancy Reagan. Authorizes specified sums to be charged against the United States Mint Public Enterprise Fund for medal costs. Mandates that sale proceeds from duplicate bronze medals be deposited into such Fund.
United States · United States Congress · 7 February 2000
Hospital Preservation and Equity Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 with regard to the one year sole community hospital payment increase, to reset the applicable percentage increase for FY 2001 and each subsequent fiscal year to the market basket percentage increase for hospitals in all areas for purposes of updating payments to prospective payment system (PPS) hospitals for inpatient hospital services.
United States · United States Congress · 27 January 2000
Amends the Fair Labor Standards Act of 1938 to prohibit the Secretary of Labor from issuing a special certificate, which allows payment of wages lower than the Federal minimum wage to handicapped workers, to any individual by reason of that individual's impaired vision or blindness.
United States · United States Congress · 24 January 2000
Religious Broadcasting Freedom Act - Prohibits the Federal Communications Commission (FCC) from establishing, expanding, or otherwise modifying requirements relating to the service obligations of noncommercial educational television stations except by means of Federal agency rulemaking procedures. Terminates the additional guidance contained in the FCC's memorandum opinion and order in WQED Pittsburgh (FCC 99-393), except as such guidance is prescribed in accordance with the above rulemaking procedures.
United States · United States Congress · 17 November 1999
Radio Broadcasting Preservation Act of 1999 - Prohibits the Federal Communications Commission from prescribing any rules authorizing the operation of new, low power FM radio stations, or establishing a low power radio service, as currently proposed. Terminates previously prescribed rules which would violate such prohibition and voids licenses issued pursuant to such rules.
United States · United States Congress · 10 November 1999
Amends the Internal Revenue Code to include as a private activity bond any bond issued to acquire a water utility or facility through governmental exercise of eminent domain. Sets forth exceptions.
United States · United States Congress · 2 November 1999
Duty to Assist Veterans Act of 1999 - Requires the Secretary of Veterans Affairs, with respect to any veterans' benefits claim filed on or after July 14, 1999, to assist such claimant in developing information pertinent to a decision on the claim, including by informing the claimant of any medical or lay evidence needed and by providing a medical examination to determine the current disability of the veteran concerned.
United States · United States Congress · 28 October 1999
Amends the Trade Act of 1974 to establish in the Office of the United States Trade Representative (USTR) the position of Chief Agricultural Negotiator, who shall be appointed by the President, with the advice and consent of the Senate. Requires the Chief to conduct trade negotiations and enforce trade agreements relating to U.S. agricultural products and services, as well as perform other functions as the USTR may direct.
United States · United States Congress · 28 October 1999
Employment Security Financing Act of 1999 - Title I: Amendments to the Internal Revenue Code of 1996 - Amends the Internal Revenue Code (IRC) Chapter 23 to revise Federal Unemployment Tax Act (FUTA) employer excise tax rate requirements. (Sec. 101) Repeals the 0.2 surtax for calendar years after 1999. (Ends the current FUTA employer tax rate of 6.2 percent of total employee wages after 1999, and begins a 6.0 rate in 2000). (Sec. 103) Sets forth additional requirements for approval of State laws. (Sec. 105) Revises the definition of State unemployment funds. (Sec. 106) Defines a State Employment Security Administration Account (State ESAA) as a special account within the Unemployment Trust Fund (the Fund) to provide administrative funds to pay the cost of services performed by the State agency in accordance with FUTA and the Social Security Act. (Sec. 107) Provides for collection of FUTA taxes by, as well as payment of FUTA taxes to, State agencies. (Sec. 109) Amends the IRC to repeal the prohibition against assessment of unpaid FUTA taxes. Title II: Unemployment Trust Fund Accounts - Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to establish in the Fund: (1) a State Employment Security Administration Account (State ESAA) for each State; (2) a Supplemental Employment Security Administration Account (Supplemental ESAA) for the administration of employment security programs, under FUTA and SSA titles IX and III (Grants to States for Unemployment Compensation Administration), by States whose average civilian labor force populations number less than one million; and (3) the Secretary of Labor Employment Security Administration Account (Labor Secretary ESAA) for the Secretary to carry out administrative duties under such SSA and FUTA provisions. Makes appropriations to the Fund for credit to such accounts according to specified formulas. (Sec. 201) Authorizes to be made available from State ESAAs, upon State request and subject to appropriation by the legislative body of each State, in addition to amounts otherwise appropriated by the Congress, special administrative funds. (Sec. 202) Amends SSA title IX to repeal authority for the Employment Security Administration Account (the ESAA) in the Unemployment Trust Fund. (Sec. 203) Authorizes, for FY 2005 and thereafter, certain administrative expenditures from State ESAAs for: (1) State administration of unemployment compensation laws; (2) public employment services under the Wagner-Peyser Act; (3) certain veterans' programs; (4) collection of amounts due under FUTA; and (5) administration of statistical programs essential for development of estimates of the gross domestic product and other national statistical series, including those related to employment and unemployment. Provides for such expenditures upon State request, subject to appropriation by the State legislative body, in amounts up to 140 percent of the amount appropriated to the State agency from Federal employment security funds for the previous fiscal year. Authorizes $5 million out of the Supplemental ESAA for each of FYs 2005 and beyond expenditures by States whose average civilian labor force populations number less than one million for allocation by the Council of States with Lesser Populations. Establishes such Council. Authorizes, for FY 2005 and thereafter, expenditures from the Labor Secretary ESAA, in amounts up to 140 percent of that appropriated for the prior year, for the Department's performance of functions for the same administrative purposes for which expenditures from State ESAAs are authorized, plus: (1) establishment and maintenance of the employment security system under the Wagner-Peyser Act; and (2) payments of the Federal share of annual amortization costs of the unfunded liability for the State employment security agencies with independent retirement plans as determined by the Secretary. Directs the Secretary of the Treasury, for FY 2005 and thereafter, to pay from the Labor Secretary ESAA into the Treasury the amount determined by the Secretary of Labor to be allocated to the Department of the Treasury to cover its costs for performing its functions under: (1) SSA titles III (Unemployment Insurance), IX (Employment Security), and XII (Advances to State Unemployment Funds), including the expenses of banks for servicing unemployment benefit payment and clearing accounts which are offset by the maintenance of balances of Treasury funds with such banks; (2) FUTA; and (3) any Federal unemployment compensation law with respect to which responsibility for administration is vested in the Secretary of Labor. (Sec. 204) Provides for transfer of amounts attributable to reduced credits to State ESAAs. (Sec. 205) Provides for advances from a revolving fund within the Federal Unemployment Account (FUA) to State ESAAs. (Sec. 206) Provides for treatment of excess amounts in State ESAAs. (Sec. 207) Requires that excess amounts in the Federal Unemployment Account (FUA) be transferred to State ESAAs according to a State allocation formula. (Sec. 208) Repeals a reporting requirement relating to transfers between FUA and the ESAA. (Sec. 209) Revises treatment of certain amounts in the Extended Unemployment Compensation Account (EUCA). Transfers, at the end of FY 2004 and each fiscal year thereafter, excess EUCA amounts to State ESAAs, as specified. (Sec. 210) Provides for treatment of amounts elected by ineligible States. (Sec. 211) Revises SSA requirements relating to State use of certain funds (known as Reed Act funds) transferred to a State unemployment benefit account. (Sec. 212) Revises SSA provisions for the Unemployment Trust Fund (the Fund). Requires deposit into: (1) the State's Unemployment Compensation Benefit Account (UCBA) of contributions and payments in lieu of contributions under the State law; (2) the State ESAA of State agency collections under FUTA and of certain other transfers or deposits under SSA and FUTA; and (3) the Transition ESA of IRS collections under FUTA after January 1, 2001. (Sec. 213) Provides as separate book accounts in the Fund: (1) the Transition ESA; (2) each State UCBA; (3) each State ESAA; (4) the Supplemental ESAA; (5) the Labor Secretary ESAA; (6) the FUA; (7) the Railroad Unemployment Insurance Account; and (8) the Railroad Unemployment Insurance Administration fund. (Sec. 214) Revises SSA provisions for the Extended Unemployment Compensation Account (EUCA) to direct the Secretary of the Treasury to use a specified formula to determine the excess in EUCA at the close of FY 2004 and each subsequent fiscal year. Sets forth the terms of transfer of such excess EUCA funds to State UCBAs. (Sec. 215) Amends SSA title IX to repeal interfund borrowing authority with respect to the ESAA, FUA, EUCA, and other Federal accounts. Title III: Grants to States for Employment Security Administration - Repeals requirements for use and payments of specified available funds to assist States in administering their unemployment compensation laws, under SSA title III (Grants to States for Unemployment Compensation Administration). (Sec. 302) Revises requirements relating to: (1) certification of State laws; (2) limitations on use of State UCBA funds; and (3) proper use of administrative funds, and replacement of such fund expended for other purposes. (Sec. 303) Provides that States shall not be required to comply with the Secretary of Labor's interpretations of methods of administration requirements under SSA title III, if such interpretations impose additional administrative burdens on them, unless the Congress enacts legislation approving such an interpretation. Title IV: Extended Unemployment Compensation - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) eliminate certain requirements relating to State laws; and (2) provide that payments to the States go to their Unemployment Compensation Benefit Accounts (UCBAs). Title V: Federal Employment Security Service - Amends the Wagner-Peyser Act (WPA) to direct the U.S. Employment Security Service (USESS), as of October 1, 2000, to assist in coordinating public employment services throughout the country and assure that the requirements of SSA titles III and IX and of FUTA are met. (Eliminates current functions of the USESS as of such date.) (Sec. 503) Revises WPA requirements for: (1) transfer of USESS property to States; and (2) State use of public employment service funds. (Sec. 504) Repeals, as of October 1, 2004, WPA provisions for: (1) Federal appropriations authority; (2) Federal use of funds; (3) State and Federal planning, fiscal controls, and accounting procedures; (4) the Secretary's authority to make rules and establish performance standards; and (5) authorization of appropriations to the Secretary to provide funds for reimbursable agreements with the States to operate certain statistical programs for estimates of gross national product and other national statistical series, including those related to employment and unemployment. Title VI: Advances to State Unemployment Compensation Benefit Accounts - Amends SSA title XII (Advances to State Unemployment Funds) to revise requirements for: (1) transfers from the Federal Unemployment Account (FUA) to State UCBAs; (2) State use of such transferred funds; (3) determination of interest rate on such advances to States.
United States · United States Congress · 25 October 1999
Food and Medicine for the World Act - Prohibits the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country, except in specified circumstances, unless: (1) not less than 60 days before the sanction is proposed to be imposed, the President makes a specified report to Congress; and (2) Congress enacts a joint resolution approving the report.
United States · United States Congress · 14 October 1999
Medicare Balanced Budget Refinement Act of 1999 - Title I: Provisions Relating to Part A - Subtitle A: PPS Hospitals - Amends SSA title XVIII part D (Miscellaneous), as amended by the Balanced Budget Act of 1997 (BBA '97), to provide for a one-year delay in the transition of the indirect teaching adjustment factor (under the prospective payment system (PPS) for hospital outpatient department (OPD) services) to its permanent value on or after October 1, 2001 (currently, on or after October 1, 2000) used in determining an additional payment amount for certain hospitals with indirect costs of medical education. Subtitle B: PPS Exempt Hospitals - Amends SSA title XVIII part D to: (1) limit the target amount for described hospitals that are exempt from PPS payment; and (2) direct the Secretary to provide for an appropriate wage adjustment with regard to such hospitals. (Sec. 112) Provides for increased target amounts in computing payments for long-term care and psychiatric hospitals until development of a PPS for those hospitals. (Sec. 113) Directs the Secretary to develop, implement, and report to Congress on: (1) a per discharge PPS for payment for inpatient hospital services of Medicare long-term care hospitals; and (2) develop a per diem PPS for payment for inpatient hospital services of Medicare psychiatric hospitals. Subtitle C: Adjustments to PPS Payments for Skilled Nursing Facilities - Directs the Secretary, for purposes of computing prospective payments for covered skilled nursing facilities (SNFs), to temporarily increase payments for covered skilled nursing facility services for certain high cost patients. (Sec. 122) Amends SSA title XVIII part D to revise provisions on payment to hospitals for inpatient hospital services to: (1) increase for FY 2001 the SNF unadjusted federal per diem rate; (2) permit a SNF to waive a three year transition period and elect to have the amount of payment for all covered facility costs determined pursuant to the adjusted Federal per diem rate applicable to it; (3) exclude certain additional items and services from being covered facility items and services (thus providing for Medicare part A (Hospital Insurance) pass-through payment for such items and services, including certain ambulance services and chemotherapy items) while ensuring budget neutrality for FY 2001; (4) apply to facilities participating in the Nursing Home Case-Mix and Quality Demonstration Project requirements for determining base payments on a per diem basis; and (5) modify requirements for the first cost reporting period update that is used in determining facility specific per diem rates. Title II: Provisions Relating to Part B - Subtitle A: Adjustments to Physician Payment Updates - Amends SSA title XVIII part B (Supplementary Medical Insurance) to modify provisions on: (1) payment for physicians' services with regard to updates to provide for new guidelines for determining updates for years beginning with 2000; and (2) sustainable growth rate with regard to publication and with regard to the data to be used in determining such updates. Subtitle B: Hospital Outpatient Services - Amends SSA title XVIII part B to revise requirements for the PPS for hospital OPD services to: (1) require the Secretary to provide for a specified outlier adjustment for covered OPD services, as well as transitional pass-through payments for additional costs of "innovative" medical devices, drugs, and biologicals, while ensuring budget neutrality; (3) include medical devices as covered OPD services; (4) allow the Secretary to elect to establish relative payment weights based on mean hospital costs for covered OPD services; (5) limit, generally, the variation of costs of covered OPD services classified within a group for purposes of comparable treatment with respect to the use of resources; (6) change the Secretary's optional periodic review of PPS components to a mandatory annual review; and (7) establish a transitional adjustment in the amount of PPS payment for covered OPD services to limit declining payments under Medicare for such services. Subtitle C: Other - Amends SSA title XVIII to provide for: (1) application of separate currently existing caps for speech-language pathology and for other outpatient physical therapy services on a per beneficiary, per facility basis; (2) optional, limited exemption of certain therapy services facilities from any applicable caps for 2000 and 2001; (3) mandatory annual increases in end stage renal disease dialysis composite rate payment amounts; and (4) revised annual covered item updates for 2001 and 2002 for certain durable medical equipment. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Provides, in the case of a home health agency that furnishes home health services to a Medicare beneficiary, that for each beneficiary furnished such services during the agency's cost reporting period beginning in FY 2000, the Secretary shall, in accordance with specified restrictions, pay the agency a specified amount out of the Medicare trust funds in addition to any other amount of payment to defray agency costs attributable to data collection and reporting requirements under the Outcome and Assessment Information (OASIS) required under BBA '97. (Sec. 302) Amends BBA '97 and Medicare with regard to the PPS for home health services to delay for one year the application of the 15 percent reduction in payment rates for home health services. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for the use of national average per resident payment system in computing payments for direct graduate medical education (DGME) costs. Title IV: Rural Provider Provisions - Amends SSA title XVIII to permit the reclassification of certain urban hospitals as rural ones. (Sec. 402) Ties the standards applied for geographic reclassification of certain rural hospitals to the most recently available census data. (Sec. 403) Revises the critical access hospital program, permitting for-profit hospitals to qualify for designation as a critical access hospital. Provides for an all-inclusive payment option for outpatient critical access hospital services. Eliminates coinsurance payments for clinical diagnostic laboratory tests furnished by a critical access hospital on an outpatient basis. Allows certain currently excluded hospitals to be providers of extended care services. (Sec. 404) Extends for five years the Medicare-dependent, small rural hospital program. (Sec. 405) Mandates rebasing for certain sole community hospitals that elect such treatment, in accordance with specified guidelines with respect to select fiscal year discharges. (Sec. 406) Revises provisions on payments for direct and indirect graduate medical education costs to expand current graduate medical education training programs for hospitals located in rural areas, and to encourage the training of physicians in underserved rural areas. (Sec. 407) Eliminates the requirement for State certification of need and certain restrictions on a hospital with more than 49 beds that provides extended care services. (Sec. 408) Authorizes the Secretary to award grants to assist eligible small rural hospitals in meeting the costs of implementing data systems required to meet Medicare requirements established by BBA '97. (Sec. 409) Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on rural providers under Medicare. Title V: Provisions Relating to Part C (Medicare+Choice Program) - Subtitle A: Medicare+Choice - Amends SSA title XVIII part C (Medicare+Choice) and D (Miscellaneous) to provide for: (1) phased-in new risk adjustment methodology under provisions for payments to Medicare+Choice organizations; (2) increased monthly payments under such provisions for a limited period to encourage the offering of Medicare+Choice plans in certain areas where such a plan has either not been offered or is offered but slated for termination; (3) modification of the five-year reentry rule for Medicare+Choice organizations whose contracts have been terminated; (4) continued annual computation and publication of county-specific per capita fee-for-service expenditure information; (5) enrollment in alternative Medicare+Choice plans and Medicare supplemental health insurance policy (Medigap) coverage in case of involuntary termination of Medicare+Choice enrollment; (6) authorized variation in premium values within a service area if the annual Medicare+Choice capitation rates vary within the area; (7) a delayed deadline for submission of adjusted community rates and related information; (8) extension of Medicare reasonable cost reimbursement contracts under provisions for payments to health maintenance organizations (HMOs) and competitive medical plans; and (9) permission for religious fraternal benefit societies to offer a range of Medicare+Choice plans. (Sec. 510) Directs MEDPAC to report to Congress on specific legislative changes that should be made to make Medicare medical savings account plans a viable option under the Medicare+Choice program. Subtitle B: Social Health Maintenance Organizations (SHMOs) - Amends the Omnibus Budget Reconciliation Act of 1987 to: (1) extend social health maintenance organization (SHMO) demonstration project authority; and (2) replace the current limit on the number of individuals who may participate in a SHMO I or II project site with an aggregate limit for all sites.
United States · United States Congress · 28 September 1999
Keep Our Promise to America's Military Retirees Act - Amends Federal employee provisions to include the following as an employee, for purposes of authorized enrollment under the Federal Employees Health Benefits (FEHB) Program: (1) a member of the armed forces who began service before June 7, 1956, and retired after a minimum of 20 years of such service or by reason of a service-connected disability; and (2) the surviving widow or widower of such member. Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay who is also entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member who is entitled to Medicare hospital insurance benefits; and (5) a family member of such member. Repeals a provision prohibiting coverage under the Civilian Health and Medical Program of the Uniformed Services for persons entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Act.
United States · United States Congress · 21 September 1999
Access to Innovation for Medicare Patients Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of self-injected biologicals approved by the Food and Drug Administration that are prescribed for use in the treatment of the same disease or medical condition in lieu of a drug or biological which cannot be self-administered.
United States · United States Congress · 17 September 1999
Expresses the sense of the Congress that the U.S. Government should: (1) request that the new Government of Panama, under the leadership of President Mireya Moscoso, nullify the lease agreements for the Balboa and the Cristobal port facilities on each end of the Panama Canal and initiate a new bidding process that is both transparent and fair; (2) request that the new Government of Panama investigate charges of corruption related to the granting of the Panama Canal port leases by the previous Balladares administration; and (3) negotiate security arrangements with the Government of Panama that will protect the canal and ensure the territorial integrity of the Republic of Panama.
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 · 8 September 1999
Requires Congress, in addressing issues of information technology and electronic commerce policy, to: (1) focus on a broad spectrum of issues essential to the evolution and strength of the American information technology industry; (2) ensure that it plays an enabling and not inhibiting role in supporting the movement of industry and people into the Information Age; (3) incorporate a principle of minimal and predictable government regulation; and (4) refrain from actions that would enshrine or favor specific technologies or standards.
United States · United States Congress · 5 August 1999
TABLE OF CONTENTS: Title I: Market Loss Assistance for Contract Commodities Title II: Market Loss Assistance for Soybeans and Other Oilseeds Title III: Removal of Trade Sanctions Title IV: Temporary Removal of Limit on Loan Deficiency Payments and Marketing Loan Gains Title V: Upland Cotton Price Competitiveness Title VI: Market Loss Assistance for Livestock and Dairy Producers Title VII: Emergency Concessional Sales and Donations Title VIII: Conservation Reserve Title IX: Early Availability of AMTA Payments Title X: Crop Insurance Farm and Ranch Emergency Assistance Act of 1999 - Designates amounts made available by this Act as an emergency requirement pursuant to the Balanced Budget and Deficit Control Act of 1985. Title I: Market Loss Assistance for Contract Commodities - Directs the Secretary of Agriculture to use specified amounts for 1999 contract commodity market loss assistance to producers under a production flexibility contract. Makes such assistance available in proportion to amounts received under a producer's flexibility contract. Title II: Market Loss Assistance For Soybeans and Other Oilseeds - Directs the Secretary to use specified amounts of Commodity Credit Corporation funds for 1999 market loss assistance to soybean and oilseed producers. Considers such assistance as payments for purposes of production flexibility contract limits. Title III: Removal of Trade Sanctions - Directs the Comptroller General to examine and report on specified aspects of trade sanctions. (Sec. 302) Prohibits the President from imposing unilateral agricultural or medical sanctions against a foreign government, with an exception for national security reasons. (Sec. 303) Directs the Secretary to make annual reports with respect to foreign sanctions and their effect on U.S. agricultural commodities. (Sec. 304) Directs the Secretary to expand agricultural export assistance to offset sanction-affected market losses. Title IV: Temporary Removal of Limit on Loan Deficiency Payments and Marketing Loan Gains - Amends the Food Security Act of 1985 to remove limits on marketing loan gains and loan deficiency payments for crop years 1999 and 2000. Title V: Upland Cotton Price Competitiveness - Amends the Agricultural Market Transition Act to: (1) reduce specified eligibility criteria with respect to upland cotton special marketing assistance; (2) make agricultural commodities pledged to the Corporation as loan collateral eligible for marketing certificate redemption; (3) eliminate related expenditure caps; and (4) revise special import quota provisions. Title VI: Market Loss Assistance for Livestock and Dairy Producers - Directs the Secretary to use specified Corporation funds to assist livestock and dairy producers. Title VII: Emergency Concessional Sales and Donations - Directs the Secretary to use specified Corporation funds for an emergency agricultural export concessional sales and donations program. Limits the amount of such funds available to assist fruit and vegetable producers. Title VIII: Conservation Reserve - Expresses the sense of Congress that the Secretary should enroll the fully authorized acreage in the conservation reserve program. Title IX: Early Availability of AMTA Payments - Amends the Agricultural Market Transition Act to authorize advance payments in full through FY 2002 under the production flexibility contract program. Title X: Crop Insurance - Directs the Secretary to use specified Corporation funds to assist producers in purchasing additional crop insurance for crop year 2000.
United States · United States Congress · 5 August 1999
Biofuels Air Quality Act - Amends Federal highway provisions (with respect to the congestion mitigation and air quality improvement program) to direct the Secretary of Transportation to consider a proposed project's effects on the reduction of greenhouse gases and sulfur emissions. Allows States receiving minimum apportionments to use funds under the program for alternative fuel projects that reduce such gases and emissions. Modifies provisions regarding alternative fuel projects to expand coverage to include: (1) public and nonprofit (currently, limited to privately owned) vehicles or vehicle fleets; and (2) costs of biodiesel fuel, blended at a ratio of 20 percent with conventional diesel fuel .
United States · United States Congress · 5 August 1999
Amends the Internal Revenue Code to repeal specified occupational taxes relating to distilled spirits, wine, and beer. Revises recordkeeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person other than a specified wholesale liquor dealer.
United States · United States Congress · 5 August 1999
Policyholder Disaster Protection Act of 1999 - Amends the Internal Revenue Code to provide for the creation of disaster protection funds by property and casualty insurance companies for the payment of policyholders' claims arising from certain catastrophic events.
United States · United States Congress · 5 August 1999
Small Business Remediation Act of 1999 - Provides that the maximum level of remediation for a dry cleaning solvent in the soil, surface water, groundwater, and other environmental media (other than for water used as a drinking water source) that may be required of a dry cleaner shall be equal to: (1) the soil screening level for inhalation for such solvent determined in accordance with the Soil Screening Guidance Document (Guidance Document) developed by the Environmental Protection Agency (EPA); or (2) the generic soil screening level for inhalation for such solvent as set forth in the Guidance Document until such maximum level is determined for a facility. Requires the applicable requirements for dry cleaning solvents under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to be the remediation standards set forth in this Act. Authorizes the EPA Administrator to change such standards in accordance with any revised Guidance Document if necessary to protect health or the environment.
United States · United States Congress · 16 July 1999
American Military Health Protection Act - Directs the Secretary of Defense to make the anthrax vaccination immunization program voluntary for all members of the armed forces until the Food and Drug Administration has approved a new anthrax vaccine for humans or a new, reduced course of shots for such vaccine.
United States · United States Congress · 29 June 1999
Private Property Rights Implementation Act of 1999 - Amends the Federal judicial code to provide that whenever a district court exercises jurisdiction under civil rights provisions in an action in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action in which no claim of a violation of a State law, right, or privilege is alleged, if a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear. Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress. Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; and (2) a final decision shall not require the party seeking redress to exhaust judicial remedies provided by any State or territory of the United States. (Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. (Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.
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
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 · 22 June 1999
Academic Achievement for All Act (Straight A's Act) - Allows States flexibility in combining and using use specified Federal elementary and secondary education formula program funds for State education priorities and programs, in exchange for being held accountable for meeting, in a five- year period, certain performance goals which they propose. (Sec. 3) Allows a State to opt to enter into such a performance agreement with the Secretary of Education, under which provisions of law relating to specified eligible programs shall not apply to the State, with certain exceptions. Includes under the terms of such agreements requirements relating to: (1) use of such funds to improve student achievement; (2) an accountability system; (3) performance goals and measures, and student achievement data; (4) fiscal responsibilities; (5) civil rights; (6) private school student and staff participation; (7) State financial participation; and (8) annual reports. (Sec. 4) Lists such eligible programs, under various provisions of the Elementary and Secondary Education Act of 1965 (ESEA), the Department of Education Appropriations Act of 1999, the Goals 2000: Educate America Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, and the Stewart B. McKinney Homeless Assistance Act. (Sec. 5) Sets forth requirements relating to: (1) within-State distribution of funds; (2) local participation; and (3) a set-aside for State administrative expenditures. (Sec. 8) Requires performance reviews at the end of the five-year period. Requires reductions of State administrative funds for States that have made little or no progress. Allows States that have met at least 80 percent of their performance goals to apply for renewal of performance agreements for an additional five-year period. (Sec. 10) Directs the Secretary annually to set aside sufficient funds from the Fund for the Improvement of Education under ESEA to grant achievement gap reduction rewards to States. Requires a performance reward to equal at least five percent of funds allocated to the State during the first year of the performance agreement for programs included in the agreement. Makes a State eligible to receive a reward if, over the five-year term of the performance agreement, it reduces by at least 25 percent the difference between the percentage of highest and lowest performing groups of students that meet the State's definition of proficient, with such reduction occurring in at least: (1) two content areas, one of which must be mathematics or reading; and (2) one grade level.
United States · United States Congress · 17 June 1999
Pain Relief Promotion Act of 1999 - Title I: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to provide that for purposes of such Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance consistent with public health and safety even if the use of such a substance may increase the risk of death. Declares that nothing in this Act authorizes intentionally dispensing or administering a controlled substance for purposes of causing death or assisting another person in causing death. Prohibits the Attorney General, in determining whether a controlled substance manufacturer, distributor, or dispenser registration is consistent with the public interest under the Act, from giving force and effect to State law permitting assisted suicide or euthanasia. Authorizes certain educational and research programs carried out by the Attorney General under the Act to include educational and training programs for local, State, and Federal personnel on the necessary and legitimate use of controlled substances in pain management and palliative care and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use. Title II: Promoting Palliative Care - Amends the Public Health Service Act to require the Administrator of the Agency for Health Care Policy and Research to carry out a program to: (1) develop and advance scientific understanding of palliative care; and (2) collect and disseminate protocols and evidence-based practices regarding such care, with priority given to pain management for terminally ill patients, and make such information publicly available. Defines "palliative care" as the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. Authorizes the Secretary of Health and Human Services, to award grants, cooperative agreements, and contracts to health professions schools, hospices, and other entities for programs to provide education and training to health care professionals in palliative care. Sets forth requirements for grant applicants. Provides for the evaluation of such programs to determine their effect on knowledge and practice regarding palliative care. Makes funds available for such grants and contracts.
United States · United States Congress · 17 June 1999
Medicare Managed Care Cost Contract Continuation Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to permit the indefinite extension of current Medicare managed care cost contracts.
United States · United States Congress · 16 June 1999
Small Business Superfund Fairness Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve a small business concern of liability for response costs at a National Priority List facility under provisions governing arrangement for treatment, disposal, or transport, or acceptance for transport, of hazardous substances to the extent that the materials concerned consist of municipal solid waste or other materials that do not or would not contribute significantly to the cost of the response action. Defines a "small business concern" as an entity that on average over the previous three years has no more than 100 full-time employees. Makes this Act retroactively applicable to actions brought before its enactment in which there was no final judgment. Requires the President, as promptly as possible, to offer to reach a final administrative or judicial settlement with potentially responsible parties who are small businesses demonstrating an inability to pay response costs.
United States · United States Congress · 16 June 1999
Medical Malpractice Rx Act - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except: (1) an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies; or (2) an action under the Employee Retirement Income Security Act of 1974 (ERISA). Specifies the extent to which this Act preempts State and other Federal law, as well as the limits of its effect on State, Federal, and foreign government sovereign immunity. (Sec. 3) Establishes a statute of limitations for health care liability actions of two years from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than five years after the date the alleged injury occurred. (Sec. 4) Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages attributable to such defendant in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages, as determined by the trier of fact. Limits total noneconomic damages for an injury to $250,000, regardless of the number of parties against whom the action is brought, or the number of actions. Requires for the award of punitive damages that the claimant establish by clear and convincing evidence that the harm suffered was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others. Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device which caused the claimant's harm where: (1) the drug or device was subject to premarket approval by the Food and Drug Administration (FDA) with respect to the safety of the formulation or performance of the aspect of such drug or device which caused the claimant's harm, or the adequacy of the packaging or labeling of such drug or device which caused the harm, and such drug, device, packaging, or labeling was approved by the Food and Drug Administration; or (2) the drug is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Allows punitive damages in any case in which, before or after premarket approval: (1) the defendant intentionally and wrongfully withheld from or misrepresented to the FDA any information about the drug or device which was material and relevant to the harm suffered, and whose submission was required by the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act; or (2) the defendant made an illegal payment to an FDA official or employee for the purpose of securing or maintaining such approval. Prohibits punitive damages against a drug manufacturer or product seller in a health care liability action for harm alleged to relate to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging, unless the court finds by clear and convincing evidence that such packaging or labeling is substantially out of compliance with such regulations. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000. Permits defendants to introduce evidence of collateral source payments. Declares that no provider of collateral source payments shall recover, in a judgment or in a settlement, any amount against the claimant or receive any lien or credit against the claimant's recovery or be equitably or legally subrogated to the right of the claimant in a health care liability action. (Sec. 5) Entitles the prevailing party in an action to attorney's fees from the non-prevailing party, if: (1) the claimant seeks noneconomic damages in excess of $250,000 (or the cap on noneconomic damages, adjusted for inflation) or three times the economic damages, whichever is less; and (2) the request for such damages in such amount is made before the determination of liability of one party or another by verdict or order of judgment. Prohibits the sum of the attorney's fees to which the prevailing party is entitled from exceeding the attorney's fees of the non-prevailing party. Authorizes a court to limit such fees if their amount is deemed unjust. Specifies limits to contingent fees. (Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act.
United States · United States Congress · 10 June 1999
Abolishment of Obsolete Agencies and Federal Sunset Act of 1999 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency; and (3) recommend whether each agency should be abolished or reorganized. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline to be extended for an additional two years if enacted by a super majority of the House of Representatives and the Senate. Sets forth criteria for such review. Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
![Official portrait of Rep. Nussle, Jim [R-IA-2]](https://www.congress.gov/img/member/n000172_200.jpg)