United States · United States Congress · 12 October 2000
Bring Our Children Home Act - Amends the Federal judicial code to provide that a contestant may bring an action in district court to determine which of conflicting State court child custody determinations shall prevail. Directs the Attorney General (AG) to establish a registry for all custody orders entered by State courts. Authorizes law enforcement officers of a State or local government to hold, for no more than 24 hours, any child listed as missing for proper disposition under the latest valid custody determination. Requires the Secretary of State to prepare a report on progress made by the United States in negotiating and entering into bilateral treaties relating to international child abduction with countries that are not contracting parties under the Hague Convention on the Civil Aspects of International Child Abduction. Amends the Foreign Assistance Act of 1961 to require information on each country's efforts to prohibit international child abduction. Requires the AG to prepare a report describing the status of each case involving a request for extradition in cases involving international kidnaping by parents.
United States · United States Congress · 19 September 2000
Veterans' Oral History Project Act - Requires the Director of the American Folklife Center at the Library of Congress to establish an oral history program to collect video and audio recordings of personal histories and testimonials of American war veterans.
United States · United States Congress · 12 April 2000
National Museum of the American Indian Commemorative Coin Act of 2000, or American Buffalo Coin Commemorative Coin Act of 2000 - Directs the Secretary of the Treasury to mint and issue a maximum of 500,000 $1 dollar coins in commemoration of the opening of the National Museum of the American Indian of the Smithsonian Institution. Expresses the sense of Congress that the United States Mint Facility in Denver, Colorado, should strike such coins unless the Secretary determines that it would be technically or cost-prohibitive. Mandates that the proceeds from sales surcharges be paid promptly to the National Museum of the American Indian of the Smithsonian Institution to: (1) commemorate the opening of the Museum; and (2)supplement the Museum's endowment and educational outreach funds. Subjects the Museum to certain Federal audit requirements. Instructs the Secretary to take actions to ensure that coin minting and issuance will not result in any net cost to the Government.
United States · United States Congress · 6 April 2000
Constitutional Amendment - Requires any legislative measure changing the internal revenue laws to require the concurrence of two-thirds of the Members of each House voting and present, unless the legislative measure is determined not to increase the internal revenue by more than a de minimis amount. States that for the purposes of determining any increase in the internal revenue, there shall be excluded any increase resulting from the lowering of an effective rate of any tax. Permits Congress to waive such requirements when: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious threat to national security and is so declared by an adopted joint resolution. Prohibits any increase in the internal revenue enacted under such a waiver from being effective for longer than two years.
United States · United States Congress · 20 March 2000
Patent and Trademark Office Reauthorization Act - Amends Federal patent law to authorize fees collected for Patent and Trademark Office services or materials to be available until expended for Office activities. (Currently, such fees are available only to the extent and in the amounts provided in advance in appropriations Acts.)
United States · United States Congress · 1 March 2000
Expresses the sense of Congress, with respect to a proposed regulation on ergonomics by the Occupational Safety and Health Administration (OSHA), that: (1) Congress should support Federal regulations based solely on sound science and fact; (2) public comments should play a vital role in shaping OSHA's proposed regulation on ergonomics; and (3) adequate time must be provided for the public to review thoroughly a regulation of the magnitude and length of such proposed regulation on ergonomics.
United States · United States Congress · 16 February 2000
2002 Winter Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue five dollar gold coins and one dollar silver coins emblematic of the participation of American athletes in the 2002 Olympic Winter Games. Mandates that coin design be selected by the Secretary after consultation with: (1) the Commission of Fine Arts; (2) the United States Olympic Committee; and (3) Olympic Properties of the United States-Salt Lake 2002 (created and owned by the Salt Lake Organizing Committee). States that all surcharges from the coin sales ($35 for a $5 coin and $10 for a $1 coin) shall be distributed by the Secretary to: (1) Salt Lake Organizing Committee for the Olympic Winter Games of 2002; and (2) the United States Olympic Committee.
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 · 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 · 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 · 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 · 4 August 1999
Urges the Administration to protect U.S. sovereignty by aggressively opposing the global "bit tax" on all data sent through the Internet, as proposed in the Human Development Report 1999 published by the United Nations Development Programme.
United States · United States Congress · 29 July 1999
Sound Scientific Practices Act - Requires the Secretary of Labor, upon determining that a standard should be promulgated under the Occupational Safety and Health Act of 1970, to appoint a panel of individuals (in lieu of an advisory committee, as currently) to review and report on: (1) the scientific and economic data which form the basis for such standard; and (2) the relevance of the data to industries and workers which would be affected by such standard. Requires such panel to: (1) be broadly representative and balanced; and (2) include persons with expertise in scientific and economic analysis and persons with expertise relevant to any industry which would be subject to such standard. Provides that persons with substantial and relevant expertise shall not be excluded from a panel merely because they represent entities which may have potential interest in a standard under consideration if that interest is fully disclosed to the Secretary. Prohibits any peer reviewer representing such entity from being included on any panel considering a standard affecting a single entity only.
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 · 14 July 1999
Directs the Administrator of General Services to acquire by transfer from the U.S. Postal Service the real property and improvements located at 30 North Seventh Street in Terre Haute, Indiana. Provides that such transfer shall be made without reimbursement, except that the Administrator shall provide to the Postal Service an option to occupy 8,000 square feet of renovated space in the building at no cost for a 20-year term. Requires the Administrator to renovate such building and acquire parking spaces to accommodate use of the building by the Administrator and the U.S. Postal Service. Authorizes appropriations.
United States · United States Congress · 30 June 1999
Designates the Federal building and U.S. courthouse located at 1300 South Harrison Street in Fort Wayne, Indiana, as the E. Ross Adair Federal Building and United States Courthouse.
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 · 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 · 25 May 1999
Father Theodore M. Hesburgh Congressional Gold Medal Act - Authorizes the President to present, on behalf of Congress, a congressional gold medal to Father Theodore M. Hesburgh in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.
United States · United States Congress · 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 · 28 April 1999
Regulatory Fairness and Openness Act of 1999 - Requires the Administrator of the Environmental Protection Agency to conduct a transition analysis report with respect to pesticide tolerances before releasing any product safety information to the public, or making final tolerance decisions. Includes within such report's requirements a description of the extent to which specified assumptions have been used to support findings or regulatory recommendations. (Sec. 5) Sets forth interim review or reassessment procedures. (Sec. 6) Requires the Administrator to issue within one year of enactment of this Act final implementing rules for tolerances and exemptions for pesticide chemical residues. (Sec. 7) Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator to issue guidelines specifying required data in support of tolerances and exemptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for related notice and opportunity for hearing. (Sec. 8) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for an expedited replacement product registration process. Amends the Federal Food, Drug, and Cosmetic Act to authorize an expedited tolerance for an emergency exemption if no significant (food) consumer risk exists. (Sec. 9) Requires the Administrator and the Secretary of Agriculture to report with respect to related pesticide, residue, and food use priorities and resources. (Sec. 10) Requires the Secretary to develop a program to monitor the competitive international market strength of major U.S. agricultural commodity sectors. (Sec. 11) Establishes the Pesticide Advisory Committee.
United States · United States Congress · 28 April 1999
Expresses the sense of Congress that: (1) the court-martial charges against then-Captain Charles McVay, U.S. Navy, arising from the sinking of the USS INDIANAPOLIS on July 30, 1945, while under his command were not morally sustainable; (2) Captain McVay's conviction was a miscarriage of justice; (3) the American people should now recognize Captain McVay's lack of culpability for the loss of such ship and the lives of the men who died as the result of her sinking; and (4) the President should award a Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude in the face of tremendous hardship and adversity after their ship was torpedoed and sunk.
United States · United States Congress · 26 April 1999
TABLE OF CONTENTS: Title I: Satellite Competition and Consumer Protection Title II: Secondary Transmissions By Satellite Carriers Within Local Markets Satellite Copyright, Competition, and Consumer Protection Act of 1999 - Title I: Satellite Competition and Consumer Protection - Satellite Competition and Consumer Protection Act - Amends the Communications Act of 1934 to allow television broadcasting stations the option of electing must-carry status as provided in this title for satellite carriers providing local service and retransmitting the station's signals, as an alternative to the current authority to grant retransmission consent. (Sec. 102) Exempts from such retransmission consent requirement (in addition to noncommercial television broadcast stations) superstations that existed as superstations on May 1, 1991, were retransmitted by satellite carriers under satellite compulsory license as of July 1, 1998, and whose retransmissions were in compliance with Federal Communications Commission (FCC) rules governing network nonduplication, syndicated exclusivity, and sports blackout. Terminates seven months after the enactment of this Act the retransmission consent exemption for satellite-delivered distant network signals. Requires the FCC to commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcasting stations of the right to grant retransmission consent and such other regulations as are necessary to administer the limitations contained in this Act. Requires such regulations to: (1) establish election time periods for must-carry retransmission consent rights that correspond with those regulations adopted under this Act; and (2) prohibit (through January 1, 2006) television broadcast stations that provide retransmission consent from engaging in discriminatory practices, understandings, arrangements, and activities, including exclusive contracts for carriage, that prevent a multichannel video programming distributor from obtaining retransmission consent from such stations. Provides that, if an originating television station elects to exercise its right to grant retransmission consent under this Act with respect to a satellite carrier, the must-carry provisions shall not apply to the carriage of such station's signal by the satellite carrier. (Sec. 103) Requires satellite carriers that retransmit a television broadcast signal to subscribers located within the signal's local market to carry, upon request, beginning January 1, 2002, all television broadcast stations located within the local market (must- carry requirement), subject to the retransmission consent election by such stations. Requires a television broadcast station asserting its right to such carriage to bear costs associated with delivering a good quality signal to the satellite carrier's designated local receive facility or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market. Provides that a satellite carrier shall not be required: (1) to carry upon request the signal of any local commercial television broadcast station that substantially duplicates the signal of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier within the same local market; or (2) to carry upon request the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network. Requires the FCC to prescribe regulations that provide the same degree of carriage by satellite carriers of multiple local noncommercial television broadcast stations as is provided by cable systems. Declares that no satellite carrier shall be required to provide a local television broadcast station signal to subscribers in that station's local market on any particular channel number, or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local stations to subscribers in the stations' local market on contiguous channels, and provide access to such signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on screen program guide, or menu. Prohibits a satellite carrier from accepting or requesting monetary payments or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this Act or for channel positioning rights provided to such stations. Allows any such station, however, to be required to bear the costs associated with delivering a good quality signal to the satellite's local receive facility. Provides an administrative procedure by which stations may seek redress from the FCC for violations of the must-carry obligations for satellite carriers. (Sec. 104) Sets a deadline by which the FCC must commence a single rulemaking proceeding to establish regulations (modeled after those currently applicable to the cable industry) that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to retransmission of broadcast signals by satellite carriers to subscribers. Directs the FCC to establish a signal intensity Network Nonduplication Signal Standard (until revised, the Grade B field strength standard prescribed by specified FCC regulations) for purposes of determining the network nonduplication rights of local television broadcast stations. Directs the FCC to take all actions necessary to develop and prescribe by rule a point-to-point predictive Network Nonduplication Reception Model for reliably and presumptively determining the ability of individual locations to receive signals in accordance with the Network Nonduplication Signal Standard. Requires the network nonduplication requirements to allow a television network station to assert certain nonduplication rights. Prescribes procedures: (1) for subscriber requests for waiver of network nonduplication requirements; and (2) for verification of inability to receive a standard-meeting signal, if a waiver is denied. Prescribes conditions for deeming a subscriber with satellite reception equipment in a recreational vehicle to be outside a station's local market and Reception Model Area. Requires the FCC to review and, if necessary, revise such Standards and Models. (Sec. 105) Requires the Public Broadcasting Service (PBS) to certify annually to the Board of Directors of the Corporation for Public Broadcasting, and notify each pertinent satellite carrier, that a majority of its membership supports or does not support the secondary transmission of the PBS satellite feed. (Sec. 107) Requires the FCC to complete the biennial review required by the Telecommunications Act of 1996. (Sec. 108) Provides that until the FCC issues regulations, if a subscriber's network service is terminated, the satellite carrier shall, upon request, provide the subscriber free of charge an over- the-air television broadcast receiving antenna that will provide the subscriber with an over-the-air signal of Grade B intensity for those network stations that were terminated as a result of a finding of copyright infringement. (Sec. 109) Prohibits a subscriber whose household is located outside the Grade A contour of a network station from having his or her satellite service of another network station affiliated with that same network terminated as a result of an infringement finding, until the FCC has issued and implemented a new predictive model under this Act. Title II: Secondary Transmissions by Satellite Carriers Within Local Markets - Satellite Copyright Compulsory License Improvement Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory (compulsory) licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to the network that owns or is affiliated with the network station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day of each month, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. (Sec. 202) Restricts the use of the subscriber information to monitor compliance by the satellite carrier. Applies the submission requirements to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. Precludes any royalty obligation for such secondary transmission. Makes actionable as an act of infringement fully subject to copyright remedies a satellite carrier's willful or repeated secondary transmission into a television broadcast station's local market of the station's primary transmission embodying a performance or display of a work to a subscriber outside the station's local market, if the satellite carrier has not complied with FCC rules, regulations, or authorizations concerning signal carriage. Applies the same infringement liability and copyright remedies to a satellite carrier if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such transmission is made to a subscriber outside the station's local market who is not subject to compulsory licensing or a private licensing agreement, unless the satellite promptly withdraws service from the ineligible subscriber. Sets forth additional remedies for willful and repeated patterns or practices of such violations. Places on the satellite carrier the burden of proof in any action brought under this Act that its secondary transmission of a station's primary transmission is made only to subscribers within the station's local market or subscribers being served in compliance with compulsory licensing requirements. Provides that, with respect to any actionable secondary transmission by a satellite carrier of a primary transmission embodying the performance or display of a work, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station. (Sec. 203) Amends the Satellite Home Viewer Act of 1994 to extend until December 31, 2004, the sunset of the satellite compulsory license. (Sec. 204) Revises the formula used to compute the rate of royalty fees for satellite carriers in effect on January 1, 1998, by reducing the $.27 rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent. Provides that, for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed. (Sec. 205) Subjects to compulsory license a copyrighted programming carried upon the PBS national satellite feed. Conditions such license, after certain circumstances take place, or two years after the effective date of this Act, whichever is earlier, on the annual PBS certification that a majority of PBS membership supports the secondary transmission of the PBS satellite feed. Defines "Public Broadcasting Service satellite feed" as the national satellite feed distributed by PBS consisting of educational and informational programming intended for private home viewing, to which PBS holds national terrestrial broadcast rights. (Sec. 206) Limits the compulsory license to secondary transmissions of network stations to persons who are unable to receive a signal of the intensity specified as the Network Nonduplication Signal Standard (currently, limited to secondary transmissions to persons who reside in unserved households). Makes use of the compulsory license contingent upon compliance with the FCC nonduplication requirements of title I of this Act. (Sec. 207) Makes satellite carrier eligibility for the compulsory license contingent upon full compliance with all FCC signal carriage requirements. (Sec. 208) Requires the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information jointly to study and report to Congress on the technical and economic impact of must-carry requirements on delivery of local signals.
United States · United States Congress · 15 April 1999
Veterans Nursing Home Care Act of 1999 - Directs (current law authorizes) the Secretary of Veterans Affairs to provide nursing home care to veterans with a service-connected disability rated at 50 percent or more.
United States · United States Congress · 25 March 1999
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Remedy Selection Title V: General Provisions Title VI: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: Extension of Hazardous Substance Superfund Recycle America's Land Act of 1999 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Authorizes appropriations. (Sec. 103) Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 2000 through 2004 for such assistance. (Sec. 104) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the National Priorities List (NPL) at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action against any person who is conducting or has completed a response action in compliance with State law. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. (Sec. 105) Requires the President to defer listing a facility on the NPL if: (1) long-term remedial action will be conducted under other Federal authorities; (2) remedial action that will provide long-term protection of human health and the environment is underway at that facility under a State response program; or (3) at a State's request, the State is attempting to obtain an agreement from a person to perform a remedial action under a State response program. Authorizes the President to place a facility described in (3) above on the NPL if, after one year, the President finds that the State is not making reasonable progress toward obtaining an agreement. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 202) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 203) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 205) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 206) Directs the Administrator to submit to Congress a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian reservations or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. Prohibits Federal agencies with authority to use the imminent hazard, enforcement, and emergency response authorities under provisions governing abatement actions from using such authorities with respect to releases for which they are potentially responsible parties (PRPs). (Sec. 303) Absolves of liability for response costs and damages certain owners or operators, including persons who inherited the property concerned and government entities that acquired property involuntarily, or through eminent domain or the granting of a license or permit to conduct business, if such persons: (1) acquired the affected facility after the disposal or placement of the hazardous substance for which liability is alleged; (2) did not cause or contribute to the hazardous substance release; and (3) exercised appropriate care with respect to such substance. Limits liability for owners or operators who meet such conditions and received the property as a charitable donation. Exempts from liability: (1) owners or operators of rights-of-way over which hazardous substances are transported if such persons did not cause or contribute to the release concerned; (2) railroad owners or operators of spur tracks whose tracks meet specified conditions and who did not cause or contribute to the release concerned; and (3) construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised appropriate care with respect to such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. Makes applicable to tribal governments an exemption from liability for States or local governments for costs or damages resulting from actions taken in response to an emergency created by a release generated by a facility owned by another person. Expands such exemption to include actions to improve water quality protection at abandoned mine sites and adjacent lands owned by others if such actions are taken in accordance with a Federal or State-approved response action. Excludes certain contiguous property owners from the definition of "owner or operator" for purposes of creating an exemption to liability. (Sec. 306) Exempts certain small business concerns from liability under provisions governing arrangement, acceptance, or transport of hazardous substances for response costs or damages at an NPL facility with respect to actions taken before March 25, 1999. Provides an additional exemption from liability under such provisions if the materials that were arranged or transported for disposal at the NPL facility consist of municipal solid waste (MSW) or sewage sludge. Absolves municipalities that participate in a qualified household hazardous waste collection program from liability under such provisions, with respect to actions taken 36 months after this Act's enactment date, for the arrangement or transport of materials consisting of MSW or sewage sludge to an NPL facility. Limits liability response costs for facilities that received MSW, were proposed for NPL listing before March 25, 1999, are owned by municipalities, and are not subject to certain criteria for solid waste landfills under the Solid Waste Disposal Act. Requires the Hazardous Substance Superfund (Superfund) to assume the liability for certain exempt parties or those subject to limited liability for releases from NPL facilities. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 307) Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 308) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 309) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party, other than a small business, pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. Absolves a party of liability if the President does not make a settlement offer within the later of 180 days of determining that such party is eligible for an expedited settlement or of this Act's enactment date. (Sec. 310) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from general liability under CERCLA. Deems transactions involving recyclable materials that consist of scrap plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving recyclable materials that consist of scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving recyclable materials that consist of spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving recyclable materials that consist of used oil to be arranging for recycling if the person involved did not mix such materials with a hazardous substance following the removal of the oil from service and demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material (or product made from the material) could have been a replacement for a virgin raw material; (3) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; and (4) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. (Sec. 311) Sets forth provisions regarding an allocation process to determine equitable shares of liability for costs of performing response actions. Makes an action eligible for allocation if: (1) the performance of such action is not the subject of a consent decree or an administrative order as of March 25, 1999; and (2) the President's estimate of the cost of such action exceeds $2 million. Sets forth requirements for the President in initiating the allocation process. Stays litigation of eligible actions until 150 days after the issuance of the allocator's report unless the court determines that a stay will result in manifest injustice. Grants the court jurisdiction to ensure that a neutral allocator is selected. Authorizes the President to initiate an allocation for any response action. Requires the President to provide an estimate of the aggregate Superfund share prior to selection of an allocator and to offer to contribute to a settlement of liability on the basis of such estimate. Entitles the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth procedures for the allocation of response costs to Superfund by the allocator. Divides unattributable shares pro rata among the PRPs and Superfund. Sets forth requirements for accepting settlements based on allocations. Makes such requirements inapplicable if the Administrator and the Attorney General reject the allocation report. Sets forth conditions under which parties who satisfactorily perform work under an administrative abatement action order with respect to a remedial action for which an allocation is required shall be entitled to reimbursement for the costs of work performed in excess of the share allocated. Title IV: Remedy Selection - Revises provisions regarding general rules for remedy selection. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Lists factors to be balanced by the President in selecting an appropriate remedy. Requires the President to give preference to remedies that include a treatment component for facilities with source materials that constitute a principal threat. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at NPL facilities. (Sec. 402) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property and persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 403) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on an analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Title V: General Provisions - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 503) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the President from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. (Sec. 505) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 506) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 507) Requires the Congressional Budget Office to conduct and submit to Congress a study of the potential costs to the Federal Government over the next 20 years from Federal liability for natural resource damages under CERCLA. (Sec. 508) Provides that CERCLA liability provisions shall not be construed to preempt any claims under State law for contribution to or recovery of costs of responding to releases of hazardous substances. Title VI: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 602) Authorizes appropriations to Superfund for FY 2000 through 2004. Subtitle B: Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1999, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Lowers the amount of the unobligated Superfund balance required for a suspension of collection of tax on petroleum under environmental tax provisions.
United States · United States Congress · 24 March 1999
Enhancement of Trade, Security, and Human Rights Through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions in order to ensure coordination of U.S. policy with respect to trade, security, and human rights. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Expresses the sense of Congress that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted (without restricting medicine, medical equipment, or food, disaster relief or refugee assistance, or other specified foreign assistance); and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Requires the President to publish notice in the Federal Register at least 45 days in advance of the imposition of a unilateral economic sanction of his intention to implement such sanction. Authorizes the President to waive such notice in cases where the sanction involves freezing the assets of a foreign country or entity, if it is determined that U.S. national interest would be jeopardized. Requires any executive sanction to include an assessment of whether the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Establishes within the executive branch an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President. (Sec. 8) Authorizes the President to waive any sanction or prohibition contained in specified sections of the Arms Export Control Act, the Foreign Assistance Act of 1961, or the Export-Import Bank Act of 1945 for periods of six months each if it is determined that it would advance the purposes of such Acts or the national security interests of the United States.
United States · United States Congress · 18 March 1999
Solid Waste Interstate Transportation and Local Authority Act of 1999 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste (MSW) for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the facility available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that the owner or operator of the facility: (1) received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) has entered into a binding contract before March 18, 1999, committing to the delivery and receipt of a specific quantity of out-of-State MSW and has permitted capacity actually available on the date of enactment of this Act for receipt of the quantity committed to in the contract. Authorizes States to establish limits on the amount of out-of-State waste received annually for disposal at each facility and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Prohibits State limits from conflicting with permits or host community agreements that set higher (or no) limits. Sets the limitation amount for any facility that began receiving documented out-of-State waste before enactment of this Act at the amount received during 1993. Requires such documentation to be such as would result in criminal penalties under State law in case of false or misleading information. Prohibits discrimination against shipments of such waste on the basis of State of origin. Allows a State to provide by law that it will deny or refuse to renew a permit for the construction or operation of a facility (or a major modification thereto) if: (1) the State has approved a State or local comprehensive MSW management plan developed under Federal or State law; and (2) such denial is based on a determination that there is no local or regional need for the facility in the State. Allows States to require that a permit issued for a new facility or an expansion include an annual limitation of not less than 20 percent on the total quantity of out-of-State MSW relative to the total waste received by the facility. Allows a facility with specific authorization to receive a specific quantity of out-of-State waste pursuant to a host community agreement entered into prior to enactment of this Act to receive that quantity, notwithstanding the foregoing State requirement. Requires percentage limitations to be uniform for all facilities and not discriminate against out-of-State waste according to the State of origin. Allows a State to limit the amount of out-of-State MSW received annually at each facility to the amount received during 1995 if the State has enacted a comprehensive, statewide recycling program. Prohibits such limits from conflicting with permits or host community agreements that set higher (or no) limits. Prohibits, in the establishment of limitations, discrimination against shipments of out-of-State waste on the basis of State of origin. Allows States to impose cost recovery surcharges on the processing, combustion, or disposal of out-of-State waste in a facility in the State and prescribes procedures for the collection and use of such charges. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of out-of-State waste received during the preceding year. Requires States to publish annual reports on the amount of such waste received for disposal in the State. Requires the General Accounting Office to report annually to the House Committee on Commerce and the Senate Committee on Environment and Public Works on incidents or circumstances in each State importing MSW in which materials not authorized by permit to be disposed of at a facility have been discovered in such waste. (Sec. 3) Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclable materials voluntarily relinquished by the owner or generator (recyclables), directing such waste and materials to particular waste management or recyclables facilities designated as of the suspension date (defined below) if: (1) the waste and recyclables are generated within the jurisdictional boundaries of the State or subdivision, determined as of the suspension date; (2) such authority is imposed through the adoption or execution of a law, regulation, or other legally binding provision or official act that was in effect on the suspension date, or was in effect prior to the issuance of an injunction or other court order based on a ruling that the law or provision violated the Commerce Clause of the Constitution, or was in effect immediately prior to suspension of the law by legislative or administrative action expressly because of such a court order; and (3) the State or political subdivision has for one or more such designated facilities, on or before the suspension date, presented eligible bonds for sale, made certain official preparations for such sale, or executed a legally binding contract or agreement for delivery of, and payment for, a minimum quantity of waste or recyclables. (The "suspension date" is either: May 16, 1994; the date of an injunction or court order based on a ruling that a law or other official act violated the Commerce Clause of the Constitution; or the date of a suspension or partial suspension of a law or official act expressly because of the existence of an injunction or court order described above.) Imposes identification and volume restrictions on the exercise of flow control authority to the classes or categories of materials to which such authority was applicable on the suspension date. Sets dates for expiration of such authority. Prohibits a State or political subdivision from requiring any person to transport, or deliver for transportation, such waste or materials to any active portion of a MSW landfill unit if contamination of such portion is a basis for listing on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the person has been indemnified by the government or the owner-operator against all liability under that Act with respect to such materials. Imposes limitations on the use of revenues derived by a State or political subdivision from the exercise of flow control authority. Provides for the enforceability under State law of certain legally binding interim contracts. Allows a State to exercise flow control authority over solid waste if, on or before January 1, 1984, the State: (1) adopted regulations under a State law that required or directed the transportation, management, or disposal of such waste from residential, commercial, institutional, or industrial sources to specifically identified waste management facilities and applied those regulations to every political subdivision; and (2) subjected the facilities to the jurisdiction of a State public utilities commission. Provides for expiration of such authority. Lists additional conditions under which: (1) solid waste districts or political subdivisions of a State may exercise flow control authority for 20 years after enactment of this Act; and (2) a facility will be treated as having been designated for the exercise of flow control authority by all members of a consortium of political subdivisions. Prohibits recovery of damages or costs in a claim against a State or local government, or official or employee thereof, based on the exercise of flow control authority on or before May 16, 1994.
United States · United States Congress · 17 March 1999
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which may be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 11 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 11 March 1999
Constitutional Amendment - Requires that any bill, resolution, or other legislative measure changing the internal revenue laws shall require for final adoption in each House the concurrence of two-thirds of the Members of that House voting and present, unless the bill is determined at the time of adoption, in a reasonable manner prescribed by law, not to increase the internal revenue by more than a de minimis amount. States that for purposes of determining any increase, there shall be excluded any increase resulting from the lowering of an effective rate of any tax. Requires journal entry of any vote. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 4 March 1999
Workplace Preservation Act - Prohibits the Secretary of Labor from promulgating, through the Occupational Safety and Health Administration, any standard or guideline on ergonomics until the National Academy of Sciences completes a study and submits a report to the Congress.
United States · United States Congress · 4 March 1999
Self-employed Health Insurance Fairness Act of 1999 - Amends the Internal Revenue Code to allow a deduction for 100 percent of a self-employed individual's health insurance costs for himself or herself, spouse, and dependents, unless such individual participates in an employer-maintained health plan. (Current law provides for a phased-in 100 percent deduction and disallowance upon participation eligibility.)
United States · United States Congress · 3 March 1999
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming business to deduct a limited amount from gross income for amounts paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Prescribes penalties on amounts not distributed within five years.
United States · United States Congress · 1 March 1999
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.
United States · United States Congress · 25 February 1999
Security and Freedom through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or median use. Provides that neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be: (1) built into computer hardware or software for any purpose; (2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or any State to receive it; or (3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. Makes exceptions with respect to investigative or law enforcement officers and members of the intelligence community. Provides that neither the Federal Government nor a State may require the use of encryption products, standards, or services (products) for: (1) confidentiality purposes, as a condition of the use of such products for authenticity or integrity purposes; or (2) authenticity or integrity purposes, as a condition of the use of such products for confidentiality purposes. Sets penalties for the unlawful use of encryption in furtherance of a criminal act. Specifies that the use of encryption shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Provides that after a one time, 50-day technical review by the Secretary, no export license may be required (with exceptions) for or in the export of specified computer hardware, software, computing devices, telecommunication devices, technical assistance and data, and encryption hardware, software, or computing devices. Authorizes the Secretary, after a one time, 15-day technical review, to authorize the export or reexport of computer hardware, software, or computing devices with encryption capabilities for nonmilitary and end uses in any country: (1) to which exports of computer hardware, software, or computing devices of comparable strength are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such computer equipment will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without authorization by the United States; or (2) if the Secretary determines that a computer hardware, software, or computing device offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. Directs that any encryption product not requiring an export license as of this Act's enactment date, as a result of administrative decision or rulemaking, shall not require an export license on or after such date. (Sec. 4) Directs: (1) the Attorney General to compile, and maintain in classified form, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce U.S. criminal laws; and (2) that such information be made available, upon request, to any Member of Congress.
United States · United States Congress · 24 February 1999
Combined Sewer Overflow Control and Partnership Act of 1999 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 2000 through 2002. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.
United States · United States Congress · 10 February 1999
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1999 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Prohibits placement in the Fund of OCS revenues from a leased tract (or portion) located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued before the moratorium and was in production on such date. (Sec. 103) Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) the Governor of every OCSIAF recipient State to develop (and certify to the Secretary) a State plan for the use of such funds; (2) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (3) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be credited to a separate account in the Land and Water Conservation Fund (LWCF) in the Treasury in each fiscal year through September 30, 2015. (Sec. 202) Makes such funds available, without further appropriation, to carry out LWCFA in the next succeeding fiscal year. Provides that, if such revenues in a fiscal year exceed $900 million, such excess shall be available, without further appropriation, in the next succeeding fiscal year for obligation or expenditure as payments in lieu of taxes. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Sets forth formulae for allocation of such funds for: (1) Federal acquisition of certain lands, waters, or interests; (2) financial assistance to the States for land acquisition, urban conservation, and recreation projects; and (3) local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 203) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. (Sec. 205) Establishes a Habitat Reserve Program (HRP) within the Department of the Interior to be administered by the Secretary of the Interior in association with the applicable State fish and wildlife department in the State where the affected land is located. Requires lands eligible for enrollment in the HRP to be privately owned and designated by the State agency as necessary to preserve the existence of one or more species listed under the Endangered Species Act, and their owners and operators to have voluntarily entered into partnership agreements with the Secretary and the State agency. Prescribes: (1) limitations on lands eligible for enrollment in the HRP; (2) HRP contract requirements; (3) HRP management plans; (4) HRP contract duration; and (5) payments to owners or operators of lands included in the HRP. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in the next succeeding fiscal year for State wildlife conservation and restoration programs. Provides that all interest on such amounts shall be available without further appropriations, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and education. (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 10 February 1999
Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period.
United States · United States Congress · 10 February 1999
Marriage Tax Elimination Act of 1999 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 2 February 1999
Guadalupe-Hidalgo Treaty Land Claims Act of 1999 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties. Authorizes appropriations.
United States · United States Congress · 19 January 1999
Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. Allows persons to extract or use information for: (1) nonprofit educational, scientific, or research purposes in a manner that does not directly cause such harm; or (2) the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis, in an amount appropriate and customary for such purposes if it is determined, by specified factors, that such an act is reasonable under the circumstances. Provides that the used or extracted portion shall not be offered or intended to be offered for sale or otherwise in commerce or likely to serve as a market substitute for all or part of the collection from which the use or extraction is made. Defines "individual act" for purposes of this Act as an act that is not part of a pattern, system, or repeated practice by the same party, related parties, or parties acting in concert with respect to the same collection of information or a series of related collections of information. Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity, to computer programs, or to digital online communications. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Exempts the extraction, use, resale, or other disposition of real- time market information from this Act, except as the Securities Exchange Act of 1934, the Commodity Exchange Act, and the rules and regulations thereunder may otherwise provide. States that this Act shall not be construed to permit any person to extract or use real- time market information in a manner that constitutes a market substitute for a real-time market information service (including the real-time systematic updating of or display of a substantial part of a market information) provided on a real-time basis. Defines "market information" as information relating to quotations and transactions that is collected, processed, distributed, or published under the Securities Exchange Act of 1934 or by a contract market that is designated by the Commodity Futures Trading Commission under the Commodity Exchange Act and the rules and regulations thereunder. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the portion of the collection that is extracted or used was first offered for sale or otherwise in commerce following the investment of resources that qualified the information for protection.
United States · United States Congress · 19 January 1999
Amends the Internal Revenue Code to set forth provisions for: (1) a small employer (100 or fewer employees) retirement plan; (2) a credit for the expenses of establishing such a plan; and (3) a model small employer retirement plan.
![Official portrait of Rep. Pease, Edward A. [R-IN-7]](https://www.congress.gov/img/member/p000171_200.jpg)