United States · United States Congress · 19 October 1999
Dr. Sydney E. Salmon Access to Cancer Clinical Trials Act of 1999 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to provide coverage for qualified individuals participating in approved cancer clinical trials if a group health plan or an issuer offering health insurance coverage in connection with a group health plan or in the individual market otherwise provides coverage to such an individual. Directs the Secretaries of Health and Human Services (HHS), of Labor, and of the Treasury to: (1) analyze cancer clinical research and its cost implications for managed care; and (2) submit a report to Congress that contains, among other specified items, an assessment of any incremental cost to group health plans resulting from this Act and recommendations regarding action on other diseases. Requires the Secretaries of Labor, of the Treasury, and of HHS to ensure coordinated administration of this Act.
United States · United States Congress · 14 October 1999
Medicare Balanced Budget Refinement Act of 1999 - Title I: Provisions Relating to Part A - Subtitle A: PPS Hospitals - Amends SSA title XVIII part D (Miscellaneous), as amended by the Balanced Budget Act of 1997 (BBA '97), to provide for a one-year delay in the transition of the indirect teaching adjustment factor (under the prospective payment system (PPS) for hospital outpatient department (OPD) services) to its permanent value on or after October 1, 2001 (currently, on or after October 1, 2000) used in determining an additional payment amount for certain hospitals with indirect costs of medical education. Subtitle B: PPS Exempt Hospitals - Amends SSA title XVIII part D to: (1) limit the target amount for described hospitals that are exempt from PPS payment; and (2) direct the Secretary to provide for an appropriate wage adjustment with regard to such hospitals. (Sec. 112) Provides for increased target amounts in computing payments for long-term care and psychiatric hospitals until development of a PPS for those hospitals. (Sec. 113) Directs the Secretary to develop, implement, and report to Congress on: (1) a per discharge PPS for payment for inpatient hospital services of Medicare long-term care hospitals; and (2) develop a per diem PPS for payment for inpatient hospital services of Medicare psychiatric hospitals. Subtitle C: Adjustments to PPS Payments for Skilled Nursing Facilities - Directs the Secretary, for purposes of computing prospective payments for covered skilled nursing facilities (SNFs), to temporarily increase payments for covered skilled nursing facility services for certain high cost patients. (Sec. 122) Amends SSA title XVIII part D to revise provisions on payment to hospitals for inpatient hospital services to: (1) increase for FY 2001 the SNF unadjusted federal per diem rate; (2) permit a SNF to waive a three year transition period and elect to have the amount of payment for all covered facility costs determined pursuant to the adjusted Federal per diem rate applicable to it; (3) exclude certain additional items and services from being covered facility items and services (thus providing for Medicare part A (Hospital Insurance) pass-through payment for such items and services, including certain ambulance services and chemotherapy items) while ensuring budget neutrality for FY 2001; (4) apply to facilities participating in the Nursing Home Case-Mix and Quality Demonstration Project requirements for determining base payments on a per diem basis; and (5) modify requirements for the first cost reporting period update that is used in determining facility specific per diem rates. Title II: Provisions Relating to Part B - Subtitle A: Adjustments to Physician Payment Updates - Amends SSA title XVIII part B (Supplementary Medical Insurance) to modify provisions on: (1) payment for physicians' services with regard to updates to provide for new guidelines for determining updates for years beginning with 2000; and (2) sustainable growth rate with regard to publication and with regard to the data to be used in determining such updates. Subtitle B: Hospital Outpatient Services - Amends SSA title XVIII part B to revise requirements for the PPS for hospital OPD services to: (1) require the Secretary to provide for a specified outlier adjustment for covered OPD services, as well as transitional pass-through payments for additional costs of "innovative" medical devices, drugs, and biologicals, while ensuring budget neutrality; (3) include medical devices as covered OPD services; (4) allow the Secretary to elect to establish relative payment weights based on mean hospital costs for covered OPD services; (5) limit, generally, the variation of costs of covered OPD services classified within a group for purposes of comparable treatment with respect to the use of resources; (6) change the Secretary's optional periodic review of PPS components to a mandatory annual review; and (7) establish a transitional adjustment in the amount of PPS payment for covered OPD services to limit declining payments under Medicare for such services. Subtitle C: Other - Amends SSA title XVIII to provide for: (1) application of separate currently existing caps for speech-language pathology and for other outpatient physical therapy services on a per beneficiary, per facility basis; (2) optional, limited exemption of certain therapy services facilities from any applicable caps for 2000 and 2001; (3) mandatory annual increases in end stage renal disease dialysis composite rate payment amounts; and (4) revised annual covered item updates for 2001 and 2002 for certain durable medical equipment. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Provides, in the case of a home health agency that furnishes home health services to a Medicare beneficiary, that for each beneficiary furnished such services during the agency's cost reporting period beginning in FY 2000, the Secretary shall, in accordance with specified restrictions, pay the agency a specified amount out of the Medicare trust funds in addition to any other amount of payment to defray agency costs attributable to data collection and reporting requirements under the Outcome and Assessment Information (OASIS) required under BBA '97. (Sec. 302) Amends BBA '97 and Medicare with regard to the PPS for home health services to delay for one year the application of the 15 percent reduction in payment rates for home health services. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for the use of national average per resident payment system in computing payments for direct graduate medical education (DGME) costs. Title IV: Rural Provider Provisions - Amends SSA title XVIII to permit the reclassification of certain urban hospitals as rural ones. (Sec. 402) Ties the standards applied for geographic reclassification of certain rural hospitals to the most recently available census data. (Sec. 403) Revises the critical access hospital program, permitting for-profit hospitals to qualify for designation as a critical access hospital. Provides for an all-inclusive payment option for outpatient critical access hospital services. Eliminates coinsurance payments for clinical diagnostic laboratory tests furnished by a critical access hospital on an outpatient basis. Allows certain currently excluded hospitals to be providers of extended care services. (Sec. 404) Extends for five years the Medicare-dependent, small rural hospital program. (Sec. 405) Mandates rebasing for certain sole community hospitals that elect such treatment, in accordance with specified guidelines with respect to select fiscal year discharges. (Sec. 406) Revises provisions on payments for direct and indirect graduate medical education costs to expand current graduate medical education training programs for hospitals located in rural areas, and to encourage the training of physicians in underserved rural areas. (Sec. 407) Eliminates the requirement for State certification of need and certain restrictions on a hospital with more than 49 beds that provides extended care services. (Sec. 408) Authorizes the Secretary to award grants to assist eligible small rural hospitals in meeting the costs of implementing data systems required to meet Medicare requirements established by BBA '97. (Sec. 409) Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on rural providers under Medicare. Title V: Provisions Relating to Part C (Medicare+Choice Program) - Subtitle A: Medicare+Choice - Amends SSA title XVIII part C (Medicare+Choice) and D (Miscellaneous) to provide for: (1) phased-in new risk adjustment methodology under provisions for payments to Medicare+Choice organizations; (2) increased monthly payments under such provisions for a limited period to encourage the offering of Medicare+Choice plans in certain areas where such a plan has either not been offered or is offered but slated for termination; (3) modification of the five-year reentry rule for Medicare+Choice organizations whose contracts have been terminated; (4) continued annual computation and publication of county-specific per capita fee-for-service expenditure information; (5) enrollment in alternative Medicare+Choice plans and Medicare supplemental health insurance policy (Medigap) coverage in case of involuntary termination of Medicare+Choice enrollment; (6) authorized variation in premium values within a service area if the annual Medicare+Choice capitation rates vary within the area; (7) a delayed deadline for submission of adjusted community rates and related information; (8) extension of Medicare reasonable cost reimbursement contracts under provisions for payments to health maintenance organizations (HMOs) and competitive medical plans; and (9) permission for religious fraternal benefit societies to offer a range of Medicare+Choice plans. (Sec. 510) Directs MEDPAC to report to Congress on specific legislative changes that should be made to make Medicare medical savings account plans a viable option under the Medicare+Choice program. Subtitle B: Social Health Maintenance Organizations (SHMOs) - Amends the Omnibus Budget Reconciliation Act of 1987 to: (1) extend social health maintenance organization (SHMO) demonstration project authority; and (2) replace the current limit on the number of individuals who may participate in a SHMO I or II project site with an aggregate limit for all sites.
United States · United States Congress · 30 September 1999
Quality Care for the Uninsured Act of 1999 - Title I: Tax-Related Health Care Provisions - Amends the Internal Revenue Code to phase-in a 100 percent deduction (for both itemizers and nonitemizers) for the health and long-term care insurance costs of individuals not participating in employer-subsidized health plans. (Sec. 102) Provides for the deduction of 100 percent of the health insurance costs of self-employed individuals. (Sec. 103) Revises medical savings accounts provisions to: (1) repeal the limitation on the number of accounts; (2) make all employers (currently limited to small employers) eligible to offer accounts; (3) increase contribution deduction amounts; (4) permit employer and employee contributions; (5) reduce high deductible health plan deductibles; and (6) permit accounts to be offered under cafeteria plans. (Sec. 104) Permits offering long-term care insurance under cafeteria plans and flexible spending arrangements. (Sec. 105) Permits a taxpayer an additional exemption for certain elderly family members who need long-term care and who reside with the taxpayer. (Sec. 106) Expands the time frame for human clinical trials qualifying for the orphan drug credit. (Sec. 107) Adds to the list of taxable vaccines any conjugate vaccine of streptococcus pneumoniae. (Sec. 108) Establishes a limited credit for "qualified medical innovation expenses." Defines such expenses as amounts paid by a taxpayer to any qualified academic institution for clinical testing research activities. Title II: Greater Access and Choice Through Association Health Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) applications and related reporting; (7) notice for voluntary termination; (8) corrective actions and mandatory termination; and (9) church plans. (Sec. 201) Directs the Secretary of Labor to apply, to the appropriate Federal district court, to be appointed trustee of certain insolvent association health plans which provide health benefits in addition to health insurance coverage. Allows a State to impose a contribution tax on an association health plan that begins operations in such State after the enactment of this Act. Directs the Secretary to report to specified congressional committees on the effect association health plans have had, if any, on reducing the number of uninsured individuals. (Sec. 202) Revises requirements for treatment of single employer arrangements. (Sec. 203) Revises requirements for certain collectively bargained arrangements. (Sec. 204) Sets forth enforcement requirements relating to association health plans. (Sec. 205) Sets forth State responsibilities, and requirements for cooperation between Federal and State authorities, with respect to association health plans. (Sec. 206) Prescribes special rules for certain existing health benefits programs. Title III: Greater Access and Choice Through Healthmarts - Amends the Public Health Service Act to create a new title on HealthMarts. Requires that HealthMarts: (1) be nonprofit entities composed of employers, employees health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all offered coverage options. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, a community health organization, or any combination of those coverages. Requires a HealthMart to permit any employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Requires HealthMarts to make at least two coverage options available. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Title IV: Community Health Organizations - Permits the waiver of State licensure requirements for certain community health organizations.
United States · United States Congress · 30 September 1999
State Initiative Fairness Act - Prohibits a U.S. district court or judge thereof from granting any application for an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law adopted by referendum upon the ground of unconstitutionality unless such application is heard and determined by a three-judge court. Requires, in any such case, the additional judges to be designated as soon as practicable and the court to expedite the consideration of the application for an injunction. Requires any appeal of a determination on such application to be to the Supreme Court.
United States · United States Congress · 28 September 1999
Bounty Hunter Responsibility Act of 1999 - Provides that, for purposes of Acts of Congress providing civil or criminal liability for the deprivation of federally protected rights under color of any statute, ordinance, regulation, custom, or usage of a State (under color of law), a surety on a bail bond, an agent of such surety, or any bounty hunter seeking to obtain or exercise custody over a person admitted to bail under the laws of a State is acting under color of law. Specifies that, for purposes of such provision, a bounty hunter, if acting as an independent contractor or employee of a surety, is an agent of that surety. Makes an exception where a surety or agent takes all reasonable steps to assure that the bounty hunter is licensed in a State that requires licenses for bounty hunters, or is licensed as a private investigator in a State requiring such licenses. Requires a court, upon finding that a civil action under this section based on the conduct of a bounty hunter is frivolous or has been brought in bad faith, to order the plaintiff to pay the defendant's reasonable attorney's fees and other litigation costs. (Sec. 3) Declares that it shall be the duty of each surety on a bail bond, each agent of such surety, and each bounty hunter, who, in a State, personally seeks to obtain or exercise custody over a person admitted to bail outside that State, before commencing activities in that State, to inform the local law enforcement agency of the presence of such surety, agent, or bounty hunter, and of the intention of that individual to seek to obtain or exercise custody over that person. (Sec. 4) Directs the Attorney General to publish in the Federal Register model guidelines for the State control and regulation of persons employed or applying for employment as bounty hunters. Requires that such guidelines include specified recommendations, such as whether a person seeking employment as a bounty hunter shall be required to obtain adequate liability insurance or to submit to a fingerprint-based criminal background check prior to entering into performance of duties pursuant to employment as a bounty hunter.
United States · United States Congress · 27 September 1999
Amends the Internal Revenue Code to allow businesses a limited reclamation credit of 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. Defines qualified reclamation property as, among other things, qualified recycling property or qualified remanufacturing property.
United States · United States Congress · 22 September 1999
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to enter into settlements of liability for hazardous substance release response actions with qualified businesses (other than those whose liability arose from criminal acts) without regard to extent of liability. Sets forth application procedures for persons seeking such settlements. Provides that such settlements shall require the business to: (1) pay five percent of its average annual gross income for the two years preceding the year the settlement request was submitted over a period of up to ten years, with no interest if the amount is paid in full in five years; and (2) cooperate with the President in providing access and information. Defines a "qualified business" as an applicant whose gross income is less than $3 million per year for the average of the two years preceding the year that an investigation of liability share was initiated and for each of the two years preceding the year that the settlement request is submitted. Directs the President to consider any offer of settlement by a person who is potentially liable for remedial action costs without regard to extent of liability if the person demonstrates that payment of such costs would be a financial hardship. Makes persons whose liability arose from criminal acts ineligible for such settlements. Requires the President, in considering a person's ability to pay, to consider: (1) the person's financial resources; (2) the person's ability to continue in business after payment of the settlement amount; and (3) whether liability for such amount would require the person to seek protection under Federal bankruptcy laws. Sets forth application procedures for persons seeking such settlements and confidentiality requirements for financial information submitted to the President. Allows settlement amounts to be paid over a period of up to ten years, with no interest if the amount is paid in full in five years. Sets forth provisions regarding decisions of nonqualification of parties seeking settlements under this Act and rights to appeal. Authorizes the Environmental Protection Agency (EPA) to adjudicate denials of settlement. Requires Federal district courts, in reviewing proposed settlements under this Act, to give deference to the President's determination that a settlement is in the public interest and meets legal standards for court approval. (Sec. 3) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. Absolves such persons of liability as owners or operators, subject to certain conditions. Requires the President to delist up to 20 individual parcels of real property from the National Priorities List (NPL) annually in order to conform with amendments that exclude from the NPL properties at which no release has occurred but to which a hazardous substance has migrated.
United States · United States Congress · 21 September 1999
Access to Innovation for Medicare Patients Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of self-injected biologicals approved by the Food and Drug Administration that are prescribed for use in the treatment of the same disease or medical condition in lieu of a drug or biological which cannot be self-administered.
United States · United States Congress · 9 September 1999
Health Care Quality and Choice Act of 1999 - Title I: Improving Managed Care - Subtitle A: Grievances and Appeals - Requires a group health plan, and a health insurance issuer that provides health insurance coverage, to conduct utilization review activities that monitor or evaluate the use or coverage, clinical necessity, appropriateness, efficacy, or efficiency of health care services, procedures, or settings. (Sec. 102) Requires a plan and an issuer to provide appropriate notices to the participant, beneficiary, or enrollee for benefit claims it has denied that include reasons for denial and instructions for initiating specified internal appeals procedures, which must include procedures for an expedited review process in emergency situations. (Sec. 103) Outlines external appeals procedures for the timely resolution of certain denied claims through the use of qualified external appeal entities, which shall determine whether the plan's or issuer's decision is in accordance with the patient's medical needs. Declares that an external appeal entity's determination is binding on the plan and issuer involved. Provides for court-imposed civil monetary penalties and cease and desist orders against authorized officials of plan or issuers who refuse to timely follow the determination of an external appeal entity to provide a benefit. (Sec. 104) Requires a plan and an issuer to establish a system featuring specified components for the presentation and resolution of grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual either with the individual's consent or without it if the individual is medically unable to provide it. Declares that grievances are not subject to appeal under this subtitle. Subtitle B: Access to Care - Provides that if an issuer offers coverage of services only if they are furnished through members of a network of health care professionals and providers contracting with the issuer, the issuer shall also offer the option of coverage of such services which are not furnished through members of such a network, unless enrollees are offered such non-network coverage through another health insurance issuer. Makes the enrollee bear the cost of any additional premium the issuer charges for such option, and the amount of any additional cost sharing, unless it is paid by the health plan sponsor through agreement with the issuer. (Sec. 112) States that if a plan or an issuer requires or provides for designation of a participating primary care provider by a participant, a beneficiary, or an enrollee, then the plan or issuer shall permit each such person to designate any participating primary care provider available to accept such individual. Requires a plan and an issuer to permit each participant, beneficiary, or enrollee to receive medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating health care professional available to accept such individual. (Sec. 113) Requires a plan or an issuer providing or covering any emergency hospital benefits to cover emergency services: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider with or without prior authorization or by a participating provider without such authorization, the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider with prior authorization. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. Sets out provisions with regard to the coverage of emergency ambulance services. (Sec. 114) Requires plans and issuers to refer participants, beneficiaries, or enrollees who have a serious disease or condition requiring treatment by a specialist, or who require physician pathology services, to an appropriate specialist who is available and accessible (regardless of whether the specialist is participating or nonparticipating), provided the benefits for such treatment are covered by the plan or issuer. Sets forth rules governing referrals and specialists. (Sec. 115) Prohibits a plan or an issuer that requires or provides for designation of a participating primary care professional from requiring authorization or a referral by such primary care professional for routine gynecological care and pregnancy-related services provided by a participating physician who specializes or is trained and experienced in obstetrics and gynecology. Requires the plan or issuer to treat the ordering of other obstetrical or gynecological care by such a participating professional as the authorization of the primary care professional. (Sec. 116) Requires certain plans and issuers to permit an enrollee to designate a pediatrician as a primary care provider for the enrollee's child. (Sec. 117) Prescribes requirements for continuity of care during a transition period for participants, beneficiaries, or enrollees undergoing treatment for an ongoing special condition in the event of a termination of: (1) a contract between the plan or an issuer and a health care provider; or (2) a contract between a plan and an issuer that results in the termination of coverage of services of a health care provider. Prescribes a 90-day basic transition period, with specified extensions in the case of scheduled surgery and organ transplantation, pregnancy, or terminal illness. (Sec. 118) Establishes the Health Care Panel to Establish Network Adequacy Standards to devise standards for plans and issuers to meet to ensure network adequacy (i.e. access of participants, beneficiaries, and enrollees to a sufficient number, mix, and distribution of health care professionals and providers, and availability and accessibility of covered items and services at a variety of sites in the plan or issuer service area) . (Sec. 119) Provides that no use of a prescription drug or medical device shall be considered experimental or investigational under a plan or by an issuer if such use is included in labeling authorized by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act or under the Public Health Service Act, unless such use is demonstrated to be unsafe or ineffective. Subtitle C: Access to Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. Subtitle D: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from prohibiting or otherwise restricting a health care professional from advising a participant, beneficiary, or enrollee who is the professional's patient about his or her health status or medical care or treatment for his or her condition or disease, regardless of whether benefits for such care or treatment are provided under the plan or coverage, if the professional is acting within the lawful scope of practice. Declares null and void any such contract or agreement provisions. (Sec. 132) Prohibits a plan or issuer from discriminating with respect to participation or indemnification as to any provider acting within the scope of the provider's license or certification, solely on the basis of such license or certification. (Sec. 133) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 134) Requires a plan or issuer to provide for prompt payment of claims in a manner consistent with Medicare clean claims requirements. Subtitle E: Definitions - Sets forth definitions. Title II: Application of Quality Care Standards to Group Health Plans and Health Insurance Coverage Under The Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to: (1) require each plan and issuer to comply with the patient protection requirements of this Act; and (2) deem a plan in compliance with subtitle A of title I of this Act to be in compliance with ERISA's claim procedure requirement with respect to claims denial. (Sec. 302) Makes liable to a participant or beneficiary (or his or her estate) for economic and noneconomic damages any fiduciary of a plan, issuer, or an agent of the plan or plan sponsor: (1) who has authority to make final decisions in the internal appeals process established by this Act; and (2) fails to exercise ordinary care in making an incorrect determination that an item or service is excluded from coverage, and such failure is the proximate cause of personal injury to, or wrongful death of, such participant or beneficiary. Exempts employers and other plan sponsors from such liability, unless they participated directly in the final decision that resulted in such injury or death. Specifies maximum noneconomic damages and, in limited circumstances, punitive damages. (Sec. 303) Allows a plan to provide for binding arbitration, at the election of an aggrieved participant or beneficiary, for review of adverse coverage decisions. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems the requirements of this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Requires the Secretaries of Labor, of Health and Human Services, and of the Treasury to ensure coordination in the implementation of this Act. Title VI: Other Provisions - Establishes the Health Care Panel to Devise a Uniform Explanation of Benefits to devise a single form for use by third-party health care payers for the remittance of claims to providers. (Sec. 602) Exempts health care response information from any disclosure requirement in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by a health care provider with respect to any of the following: (1) peer review; (2) utilization review; (3) quality management or improvement; (4) quality control; (5) risk management; or (6) internal review for purposes of reducing mortality, morbidity, or for improving patient care or safety. (Sec. 603) Prohibits the Secretary of Health and Human Services from implementing the Medicare Competitive Pricing Demonstration Project under the Balanced Budget Act of 1997 in Kansas City, Missouri, or Kansas City, Kansas, or in any area in Arizona. Prohibits the Secretary from implementing such project in any area before January 1, 2001. Directs the Secretary to study and report to Congress on the different approaches of implementing such project on a voluntary basis.
United States · United States Congress · 8 September 1999
Authorizes the President, on behalf of the Congress, to present congressional gold medals to astronauts Neil A. Armstrong, Buzz Aldrin, and Michael Collins, in recognition of their monumental and unprecedented feat of space exploration, as well as their achievements in the advancement of science and promotion of the space program. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires receipts from such sales to be deposited in the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 8 September 1999
Expresses the sense of Congress that making concessions to terrorists is deplorable and that President Clinton should not have offered or granted clemency to the FALN (Armed Forces of National Liberation) terrorists.
United States · United States Congress · 5 August 1999
Shivwits Plateau National Conservation Area Establishment Act - Title I: Shivwits Plateau National Conservation Area - Establishes the Shivwits Plateau National Conservation Area in Arizona. (Sec. 103) Requires the administration of the conservation area to be exercised by the Secretary of the Interior, acting through the Bureau of Land Management. Prohibits the Secretary from using the National Park Service or the Fish and Wildlife Service to administer the Conservation Area or to include the area as a unit of the National Park System or the National Wildlife Refuge System, except by express congressional authorization. Requires the Secretary to prepare a management plan for administration and use of the conservation area. Establishes the Shivwits Plateau National Conservation Area Advisory Committee to advise on the preparation and implementation of the management plan. (Sec. 104) Provides that the designation of the conservation area shall not be construed to alter the existing authorized uses or rights to use Federal lands included in the area. Treats a land use as an existing land use if it was authorized as of January 1, 1999, was a historical or traditional use, or was a right of use as of such date. Permits hunting, trapping, and fishing on conservation area lands and waters. Authorizes grazing within the area to the same extent as was permitted during calendar year 1998. Guarantees grazing permit holders the right to create new improvements for grazing operations. Permits aircraft and helicopter overflights of lands and landings within the area to the same extent as was permitted during calendar year 1998. (Sec. 105) Describes procedures for the acquisition of State or private lands within the conservation area. (Sec. 106) Requires the Secretary to assess the oil, gas, coal, and other mineral potential on Federal lands in the conservation area in order to expand the data base with respect to the mineral potential of the lands. Subjects the mineral assessment program to review and approval by the Arizona State Department of Mines and Mineral Resources. Bars the Secretary from making, modifying, or extending any mineral withdrawal authorized by law within the conservation area after January 1, 1999, until the assessment, consultation with, and review by, the State are completed. Permits the removal of minerals from the conservation area after completion of such requirements. (Sec. 107) Requires the Secretary, subject to the availability of funds, to carry out ecological resources restoration projects within the conservation area. Prohibits such projects from adversely affecting grazing allotments for more than three years unless an extension has been agreed upon by the permittee. Requires the Secretary, to the extent that a project affects such an allotment, to provide alternative allotments within the same grazing district to affected permittees so that the total number of animal unit months is unaltered. Sets forth provisions regarding control of plant growth and road maintenance and improvement within the conservation area. (Sec. 110) Directs the Secretary to conduct a survey of the conservation area, noting all sites of archaeological, historical, or scientific interest. Makes survey results publicly available. (Sec. 111) Authorizes appropriations to carry out this title. Title II: Land Restoration and Conveyances - Requires the Secretary of the Interior, to the extent possible, to implement the recommendations contained in the April 1999 report of the Sonoran Institute regarding the Arizona Strip-Southern Utah Restoration Area. Authorizes the Secretaries of Agriculture and the Interior, as a demonstration project, to apply all or a part of the revenues received for timber and other resources removed from lands designated as such restoration area under stewardship end-result contracts as an offset against the costs of stewardship services. Requires the Secretaries to designate an independent scientific review panel to review and approve all projects under this section. Terminates the authority to conduct projects seven years after this Act's enactment date. (Sec. 202) Directs the Secretary of the Interior to convey, without consideration, all U.S. right, title, and interest in and to specified lands to Colorado City, Arizona, Fredonia, Arizona, Mohave County, Arizona, and the Kaibab Band of Paiute Indians. (Sec. 203) Authorizes appropriations to carry out this title.
United States · United States Congress · 4 August 1999
Constitutional Amendment - Grants each individual who is a victim of a crime for which the defendant can be imprisoned for a period longer than one year, or any other crime that involves violence, the following rights: (1) to reasonable notice of, and to not be excluded from, any public proceedings relating to the crime; (2) to be heard, if present, and to submit a statement at all public proceedings to determine a conditional release from custody, an acceptance of a negotiated plea, or a sentence and at a non-public parole proceeding to the extent such rights are afforded to the convicted offender; (3) to reasonable notice of, and an opportunity to submit a statement concerning, any proposed pardon or commutation of sentence; (4) to reasonable notice of a release or escape from custody relating to the crime; (5) to consideration of the interest of the victim that any trial be free from unreasonable delay; (6) to an order of restitution from the convicted offender; (7) to consideration for the safety of the victim in determining any conditional release from custody relating to the crime; and (8) to reasonable notice of the rights established by this amendment. (Sec. 2) Grants the victim or the victim's lawful representative standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds to stay or continue any trial, reopen any proceeding, or invalidate any ruling, except with respect to conditional release or restitution or to provide rights guaranteed by this amendment in future proceedings, without staying or continuing a trial; and (2) give rise to or authorize the creation of a claim for damages against the United States, a State, a political subdivision, or a public officer or employee. (Sec. 3) Empowers the Congress to enforce this amendment by appropriate legislation. Allows exceptions to the rights established by this amendment only when necessary to achieve a compelling interest. (Sec. 4) Makes: (1) the right to a restitution order established by this amendment inapplicable to crimes committed before its effective date; and (2) the rights and immunities established by this amendment applicable in Federal and State proceedings, including military proceedings to the extent that the Congress may provide by law, juvenile justice proceedings, and proceedings in the District of Columbia and any commonwealth, territory, or possession of the United States.
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
Ak-Chin Water Use Amendments Act of 1999 - Permits the Ak-Chin Indian Community to lease, enter into options to lease, renew options to lease, extend the initial terms of or renew leases (for the same or a lesser term as the initial term of the lease), exchange, or temporarily dispose of water to which it is entitled for the beneficial use in the areas initially designated as the Pinal, Phoenix, and Tucson Active Management Areas pursuant to the Arizona Groundwater Management Act of 1980; and (2) limit to 100 years the initial term of any such lease. Ratifies and approves the option and lease agreement among the Community, the United States, and Del Webb Corporation, dated as of December 14, 1996, and the Amendment Number One thereto, dated as of January 7, 1999. Directs the Secretary to execute Amendment Number One, and the restated agreement as provided in such amendment, within 60 days after the enactment date of this Act.
United States · United States Congress · 29 July 1999
Taxpayer's Defense Act - Amends Federal provisions concerning discretionary congressional review of agency rules to prohibit a rule that establishes or increases a tax, however denominated, from taking effect before the enactment of a bill specifically authorizing the rule. Exempts a rule promulgated under the Internal Revenue Code. Requires an agency promulgating such a rule to submit to each House of Congress a report containing the text of the part of the rule that establishes or increases a tax, and an explanation of the rule. Outlines procedures for House and Senate consideration of the bill authorizing the rule to take effect.
United States · United States Congress · 22 July 1999
Realistic Tests for Realistic Threats National Security Act of 1999 - Requires the Director of the Ballistic Missile Defense Organization of the Department of Defense to: (1) conduct, no later than September 30, 2001, at least one intercept test of the Navy Theater-Wide defense system and the Theater High Altitude Area Defense (THAAD) system against target missiles with velocities of not less than the maximum velocity of the Taepo Dong I missile of North Korea; (2) take immediate steps to modify plans for managing the development of such systems to meet such deadline. Urges the Director, in order to improve the likelihood that the tests are successful, to review changes in the configuration of the systems to: (1) increase the speed of their interceptor missiles to well in excess of three kilometers-per-second; and (2) allow such missiles to receive and use targeting data provided by a variety of external sensors.
United States · United States Congress · 20 July 1999
Apollo Exploration Award Act of 1999 - Expresses the sense of Congress that the American people should provide a fitting and tangible tribute to each of the astronauts of the Apollo program to recognize and commemorate their bravery, substantial scientific and technical accomplishments, and unique contributions to American and world history. Requires the Administrator of the National Aeronautics and Space Administration to design and present an Apollo Exploration Award, commemorating the accomplishments of the astronauts who flew in the Apollo program. Requires the award to make a lunar rock sample its central feature. Specifies award recipients. Prohibits: (1) the use of the award for monetary gain or profit; or (2) its transfer other than to a family member of the original recipient or by inheritance. Provides for: (1) recall of a lunar sample contained in the award if the Administrator determines that such sample is required for scientific purposes; (2) prompt return of the sample to its owner when it is no longer required; and (3) replacement of the sample with a substantially equivalent one if the Administrator determines that it will not be promptly returned in its entirety and without substantial degradation.
United States · United States Congress · 19 July 1999
Federal Prison Industries Competition in Contracting Act of 1999 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI). Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration. Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price. Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog. (Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact of a proposed expansion of inmate-work activities by FPI on private sector firms and their non-inmate workers whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service. Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Prohibits the board of directors from approving a proposal for inmates to provide a service in which an inmate worker has access to: (1) personal or financial information about individual private citizens, including information relating to such person's real property, however described, without giving prior notice to such persons; or (2) data that is classified, or that will become classified after being merged with other data. Sets forth public comment requirements. Requires that the board of directors: (1) solicit comments on the required analysis from trade associations representing vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of the proposal; and (2) be provided copies of all comments received on the expansion proposal. Authorizes the Chief Operating Officer of FPI, based on the comments received on the initial expansion proposal, to provide the board a revised expansion proposal. Makes such revised proposal subject to public comment requirements of this Act if it provides for expansion of inmate work opportunities in an industry different from that initially proposed. (Sec. 4) Prohibits FPI from offering products or services as a subcontractor or supplier to a private for-profit business concern, notwithstanding that the product or service being furnished by such concern will ultimately be supplied to the U.S. Government, the government of the District of Columbia, an agency of a State government or any political subdivision thereof, or an eligible not-for-profit organization. (Sec. 5) Amends the Federal criminal code to require that wages earned by an inmate worker of FPI be paid in the name of such worker, and that deductions aggregating to not more than 80 percent of gross wages be taken from the wages due for: (1) applicable taxes; (2) payment of fines and restitution pursuant to court order; (3) payment of additional restitution for victims of the inmate's crimes (at a rate not less than ten percent of gross wages); (4) allocations for support of the inmate's family pursuant to statute, court order, or agreement with the inmate; (5) allocations to a fund in the inmate's name to facilitate such inmate's assimilation into society, payable at the conclusion of incarceration; and (6) such other deductions as may be specified by the Director of the Bureau of Prisons. (Sec. 6) Amends the code to require that not less than 20 percent of the gross profits of the corporation at the end of each fiscal year be allocated to fund vocational training for inmates without regard to the type of work activities to which they are assigned. (Sec. 7) Revises requirements for reporting by the board to Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing. (Sec. 9) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.
United States · United States Congress · 15 July 1999
Immigration Reorganization and Improvement Act of 1999 - Establishes in the Department of Justice: (1) the Bureau of Immigration Services; and (2) the Bureau of Immigration Enforcement. Sets forth provisions respecting the transfer of functions, personnel, and appropriations.
United States · United States Congress · 14 July 1999
Adoption Awareness Act of 1999 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to national adoption organizations for programs to train the staff of eligible health centers in providing adoption counseling to pregnant women and infertile married couples. Makes it a condition for receipt of such a grant that the national adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include centers that: (1) receive grants relating to voluntary family planning projects; (2) receive grants relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing; (3) receive grants for the provision of services in schools; and (4) do not perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option. Directs the Secretary to require programs providing voluntary family planning services with such a grant to provide nondirective counseling and referrals regarding prenatal care and delivery, infant care, foster care, and adoption. Makes religious organizations eligible for such grants without discrimination and mandates their independence from Federal, State, and local governments, providing certain safeguards to ensure such independence. Provides the beneficiaries of assistance from religious organizations with certain rights, including the right not to be discriminated against by the religious organization. Authorizes appropriations.
United States · United States Congress · 1 July 1999
Internet Freedom and Broadband Deployment Act of 1999 - Amends the Communications Act of 1934 to define "high speed data service" as a service capable of transmitting electronic information at a rate generally not less than 384 kilobits per second in at least one direction. Prohibits the Federal Communications Commission (FCC) and each State, except as expressly provided in this Act, from regulating the rates, charges, terms or conditions for, or entry into the provision of, any high speed data service or Internet access service, or to regulate the facilities used in the provision of such service. Prohibits the FCC from requiring an incumbent (established) local exchange carrier to: (1) provide unbundled access to any network elements used in the provision of any high speed data service, other than those elements described in FCC regulations; or (2) offer for resale at wholesale rates any high speed data service. States that nothing in this Act shall: (1) limit or affect the authority of any State to regulate voice telephone exchange services; (2) affect the ability of the FCC to retain or modify the exemption from interstate access charges for enhanced service providers; or (3) prohibit the FCC from modifying the regulation concerning the number of networks subject to its unbundling requirement. Requires each incumbent local exchange carrier to provide: (1) Internet users with the ability to subscribe to and have access to any Internet service provider that interconnects with such carrier's high speed data service; (2) any Internet service provider with the right to acquire necessary facilities and services to facilitate such interconnection; and (3) any Internet service provider with the ability to collocate equipment in order to achieve such interconnection. Includes high speed data service or Internet access service within the definition of "incidental interLATA services" permitted for a Bell operating company (BOC). States that, until the date a BOC is authorized to offer interLATA services originating in an in-region State, such BOC offering any high speed data service or Internet access service may not, in such State, bill or collect for interLATA voice telecommunications service obtained by means of such high speed data or Internet access service provided by such company.
United States · United States Congress · 1 July 1999
Unborn Victims of Violence Act of 1999 - Provides that: (1) whoever engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes), and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense; and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother, except that the death penalty shall not be imposed. Bars prosecution under this Act for conduct relating to an abortion: (1) for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.
United States · United States Congress · 1 July 1999
Expresses the sense of the Congress that: (1) the Internal Revenue Service, as we know it, must be abolished, and the Internal Revenue Code must be replaced with a new, simple, and fair tax system that reduces taxes and applies a single, low rate to all Americans; and (2) the President should submit to Congress a comprehensive proposal to reform the Internal Revenue Code by April 1, 2000.
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 · 24 June 1999
American Values Tax Savings Plan for the 21st Century - Title I: Marriage Penalty Relief - Amends the Internal Revenue Code to provide that the standard deduction for married individuals shall be twice the deduction for unmarried individuals. Eliminates the marriage penalty in individual income tax rates. Title II: Phaseout of Estate and Gift Taxes - Provides for the phaseout of the estate and gift taxes. Title III: Phaseout of Alternative Minimum Tax for All Taxpayers - Provides for the phaseout of the alternative minimum tax. Title IV: Reduction in Individual Capital Gain Tax Rates - Reduces individual capital gain tax rates. Title V: Increased Incentives for Retirement Savings - Increases and indexes the IRA contribution limit. Increases the income limitation applicable to conversions. Title VI: Incentives for Health Insurance Coverage - Provides for the deduction of 100 percent of the health insurance costs of the self-employed. Permits the carryover of unused benefits from cafeteria and flexible spending arrangements. Title VII: Incentives for Education - Excludes from gross income education distributions from qualified State tuition plans. Expands such plans to include eligible educational institutions. Title VIII: Repeal of Telephone Excise Tax - Provides for the phaseout of the telephone excise tax. Expresses the sense of the Congress that the Federal Communications Commission E-rate discount program for schools and libraries should be terminated. Title IX: Extension of Expiring Provisions - Provides extensions for the: (1) credit for increasing research activities; (2) work opportunity credit; and (3) subpart F exemption for active income financing. Title X: Pay-Go Reform - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth pay-as-you-go provisions.
United States · United States Congress · 24 June 1999
Hydroelectric Licensing Process Improvement Act of 1999 - Amends the Federal Power Act to prescribe statutory procedures for consideration by Federal agencies of: (1) conditions to a hydroelectric license on a Federal reservation, including a prescription relating to construction, maintenance or operation of a fishway; (2) their impact upon economic and power values, electric generation capacity and system reliability, air quality, environmental water and maritime concerns, and (3) means to ensure that conditions address only direct project environmental impacts at the lowest project cost. Prescribes implementation guidelines, including scientific and administrative review, and coordinated environmental review by the Federal Energy Regulatory Commission (FERC) as the designated lead agency. Directs FERC to submit a feasibility study to certain congressional committees congressional committees regarding the establishment of a special licensing procedure for small hydroelectric projects (projects with a generating capacity of five megawatts or less).
United States · United States Congress · 22 June 1999
Academic Achievement for All Act (Straight A's Act) - Allows States flexibility in combining and using use specified Federal elementary and secondary education formula program funds for State education priorities and programs, in exchange for being held accountable for meeting, in a five- year period, certain performance goals which they propose. (Sec. 3) Allows a State to opt to enter into such a performance agreement with the Secretary of Education, under which provisions of law relating to specified eligible programs shall not apply to the State, with certain exceptions. Includes under the terms of such agreements requirements relating to: (1) use of such funds to improve student achievement; (2) an accountability system; (3) performance goals and measures, and student achievement data; (4) fiscal responsibilities; (5) civil rights; (6) private school student and staff participation; (7) State financial participation; and (8) annual reports. (Sec. 4) Lists such eligible programs, under various provisions of the Elementary and Secondary Education Act of 1965 (ESEA), the Department of Education Appropriations Act of 1999, the Goals 2000: Educate America Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, and the Stewart B. McKinney Homeless Assistance Act. (Sec. 5) Sets forth requirements relating to: (1) within-State distribution of funds; (2) local participation; and (3) a set-aside for State administrative expenditures. (Sec. 8) Requires performance reviews at the end of the five-year period. Requires reductions of State administrative funds for States that have made little or no progress. Allows States that have met at least 80 percent of their performance goals to apply for renewal of performance agreements for an additional five-year period. (Sec. 10) Directs the Secretary annually to set aside sufficient funds from the Fund for the Improvement of Education under ESEA to grant achievement gap reduction rewards to States. Requires a performance reward to equal at least five percent of funds allocated to the State during the first year of the performance agreement for programs included in the agreement. Makes a State eligible to receive a reward if, over the five-year term of the performance agreement, it reduces by at least 25 percent the difference between the percentage of highest and lowest performing groups of students that meet the State's definition of proficient, with such reduction occurring in at least: (1) two content areas, one of which must be mathematics or reading; and (2) one grade level.
United States · United States Congress · 17 June 1999
Pain Relief Promotion Act of 1999 - Title I: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to provide that for purposes of such Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance consistent with public health and safety even if the use of such a substance may increase the risk of death. Declares that nothing in this Act authorizes intentionally dispensing or administering a controlled substance for purposes of causing death or assisting another person in causing death. Prohibits the Attorney General, in determining whether a controlled substance manufacturer, distributor, or dispenser registration is consistent with the public interest under the Act, from giving force and effect to State law permitting assisted suicide or euthanasia. Authorizes certain educational and research programs carried out by the Attorney General under the Act to include educational and training programs for local, State, and Federal personnel on the necessary and legitimate use of controlled substances in pain management and palliative care and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use. Title II: Promoting Palliative Care - Amends the Public Health Service Act to require the Administrator of the Agency for Health Care Policy and Research to carry out a program to: (1) develop and advance scientific understanding of palliative care; and (2) collect and disseminate protocols and evidence-based practices regarding such care, with priority given to pain management for terminally ill patients, and make such information publicly available. Defines "palliative care" as the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. Authorizes the Secretary of Health and Human Services, to award grants, cooperative agreements, and contracts to health professions schools, hospices, and other entities for programs to provide education and training to health care professionals in palliative care. Sets forth requirements for grant applicants. Provides for the evaluation of such programs to determine their effect on knowledge and practice regarding palliative care. Makes funds available for such grants and contracts.
United States · United States Congress · 10 June 1999
National Uniformity for Food Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA, as amended by this Act, or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 9 June 1999
Open Competition and Fairness Act of 1999 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 27 May 1999
Medicare's Elderly Receiving Innovative Treatments (MERIT) Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act with regard to the frail elderly, modifying: (1) payment rules (including requiring the Secretary of Health and Human Services to develop and implement a new payment system); (2) eligibility, election, and enrollment provisions (adding special rules for frail elderly Medicare+Choice beneficiaries enrolling in specialized programs for the frail elderly that establish a continuous open enrollment period for such individuals); and (3) benefits and beneficiary protections provisions (requiring the Secretary to develop and implement a program to measure the quality of care provided in specialized programs for the frail elderly). Exempts Medicare+Choice beneficiaries in a specialized program for the frail elderly from any risk adjustment system until the Secretary certifies to Congress that a comprehensive risk adjustment methodology taking certain factors into account is being fully implemented.
United States · United States Congress · 26 May 1999
Rental Fairness Act of 1999 - Title I: Regulation of Motor Vehicle Rental Insurance Agency Activities - Makes the presumption that no State law or regulation imposes any licensing, appointment, or education requirements on any person who solicits the purchase of or sells insurance connected with and incidental to a rental transaction of a motor vehicle, unless such law or regulation expressly regulates or exempts from regulation any such person or entity with respect to a short term motor vehicle lease or rental transaction. Title II: Ultimate Insurer and Vicarious Liability Fairness - Declares that no person engaged in the business of renting or leasing a motor vehicle shall be placed in the position of an ultimate insurer of its rental customers, or the occupants of its rental vehicles, or be liable to a claimant for the tortious act of another solely by reason of being an owner of such motor vehicle. Declares that nothing in this title shall relieve a person engaged in such business from complying with a State's minimum financial responsibility or insurance statute or regulations imposed by it for the privilege of registering and operating a motor vehicle.
United States · United States Congress · 26 May 1999
Indian Tribal Government Unemployment Compensation Act Tax Relief Amendments of 1999 - Amends the Internal Revenue Code to treat employment by federally recognized tribal governments, for unemployment compensation tax purposes, in the same manner as employment by State or local units of government or nonprofit organizations.
United States · United States Congress · 26 May 1999
Gila River Indian Community-Phelps Dodge Corporation Water Rights Settlement Act of 1999 - Ratifies, approves, and confirms the May 4, 1998, settlement agreement among Phelps Dodge Corporation, the Gila River Indian Community, and the United States (agreement). Directs the Secretary of the Interior or his lawful designee (Secretary) to execute, and perform all of the Secretary's duties under, the agreement. (Sec. 6) Directs that: (1) the Secretary take all actions specified in the agreement necessary on the Secretary's part to obtain title to Blue Ridge Reservoir from Phelps Dodge; and (2) title to the Reservoir be held by the Secretary in trust for the benefit of the Navajo Nation. (Sec. 7) Directs the Secretary, simultaneously with the transfer of the Reservoir to the United States, to: (1) reallocate to the Community 12,000 acre-feet of Central Arizona Project (CAP) water; (2) amend the Community's CAP Contract to include the reallocated water; and (3) extend the Community's CAP Contract to 100 years, plus such additional term as may result from the exercise of the option provided for in, or other extension of, the lease referred to in the agreement. Sets forth provisions regarding nonreimbursability of water service and other capital charges and operation, maintenance, and replacement charges to the Community. (Sec. 8) Ratifies, approves, and confirms a lease referred to in the agreement. Makes such lease ineffective as to the United States and directs the Secretary not to execute it, until environmental compliance has been completed and the exchange has been approved. Allows the Secretary and the Community to renew or extend the lease at the end of the initial or any extended term as the Community, the Secretary, and Phelps Dodge may agree, with a limitation. (Sec. 9) Authorizes the Secretary and the Community to enter into an exchange agreement under which CAP water leased to Phelps Dodge by the Community is delivered by Phelps Dodge to the Community in return for the right to divert water from the Gila River upstream of the Gila River Indian Reservation. Sets the term of any such exchange agreement at 100 years, plus any additional term occasioned by the exercise of the option contained in the lease or other authorized extension. Directs the Secretary to commence negotiations regarding the exchange agreement and to process all associated environmental compliance expeditiously. Prohibits the Secretary from executing the exchange agreement until: (1) all such environmental compliance has been finally concluded; (2) any necessary order approving the exchange, or any aspect of the exchange, has been obtained from the U.S. district court; and (3) the order is final and subject to no further appeal. (Sec. 10) Makes specified waivers of the agreement effective, and binding upon the Community and the United States, on behalf of the Community and the owners of beneficial interests in allotted land within the Reservation (allottees), after the date certain conditions set forth in the agreement occur. Directs the United States to execute the agreement on behalf of the allottees in its capacity as trustee of allotted lands on the Reservation. Makes the agreement binding upon the allottees. (Sec. 11) Authorizes the Navajo Nation, and the United States on its behalf, to enter into an agreement with: (1) the town of Payson, Arizona, or the unincorporated communities of Pine and Strawberry, Arizona (the towns), to subordinate water rights held in the Reservoir by the United States for the benefit of the Navajo Nation to rights to the use of up to 3,000 acre-feet per annum of water in the Reservoir acquired by the towns under Arizona law; and (2) Phelps Dodge to subordinate water rights held in the Reservoir by the United States on behalf of the Navajo Nation to water rights acquired by Phelps Dodge in the Reservoir subsequent to this Act's enactment under Arizona law for use on land owned by Phelps Dodge around the Reservoir identified in the agreement. Designates the Bureau of Reclamation as the lead agency with regard to environmental compliance. Authorizes any party to the agreement, and to the lease and exchange agreement, if approved, to bring suit in the U.S. district court for the district of Arizona for the interpretation and enforcement of this Act, the agreement, the lease, and exchange agreement and waives claims by the United States or the Community to sovereign immunity.
United States · United States Congress · 26 May 1999
Indian Reservation Jobs and Investment Act of 1999 - Amends the Internal Revenue Code to allow an Indian reservation investment credit based on specified amounts. Includes qualified personal property and qualified real property used or located outside an Indian reservation which is connected to existing tribal infrastructure in the reservation, including roads, power lines, water systems, railroad spurs, and communication facilities as a reservation infrastructure investment. Limits the credit based on the Indian unemployment rate. Provides for recapture of the credit in certain cases.
United States · United States Congress · 26 May 1999
Tribal Government Tax-Exempt Bond Authority Amendments Act of 1999 - Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by an Indian tribal government if at least 95 percent of the net proceeds are used to finance tribal facilities. Provides for the tax-exempt treatment of any private activity bond issued by an Indian tribal government or subdivision as a qualified bond. Prescribes specific ownership restrictions and an employment test. Exempts from the exclusion any bond issued by such tribal government or subdivision unless it is federally guaranteed. Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.
United States · United States Congress · 25 May 1999
Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to terminate limitations on Federal election campaign contributions after 2000. Amends the Internal Revenue Code to terminate after December 31, 1999, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2000, and transfers any amounts remaining in the Fund to the general fund of the Treasury. Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government. Directs the FEC to make electronic filing of reports mandatory. Revises current deadlines for notification of contributions by a campaign committee. Applies such deadlines to each campaign committee of a candidate, not (as currently) just the principal campaign committee. Requires each political committee to notify, in writing, the appropriate office of any contribution (currently, of $1,000 or more) received by the committee during the period which begins on the 90th day before an election (currently, after the 20th day after, but more than 48 hours before, an election) and ends at the time the polls close for such election. Requires such notification to be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) (currently, within 48 hours) after receipt of the contribution. Requires the FEC to make report information available on the Internet and at FEC offices as soon as practicable after its receipt. Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions).
United States · United States Congress · 25 May 1999
Parents Know Best Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require parental notification and consent prior to enrollment of a child in a bilingual education program or a special alternative instructional program for limited English proficient students, if such program is assisted under ESEA.
United States · United States Congress · 24 May 1999
American Inventors Protection Act of 1999 - Title I: Inventors' Rights - Inventors' Rights Act - Amends Federal patent law to oblige any invention promoter, when entering into a contract for invention promotion services, to disclose to a customer in writing: (1) whether the promoter's usual business practice is to seek more than one contract in connection with an invention, or seek to perform promotion services in one or more phases, with the performance of each phase covered in one or more subsequent contracts; and (2) a summary of the promoter's usual business practices, including the usual business terms of contracts, and the approximate amount of the usual fees or other consideration for each of the services provided. (Sec. 102) Prescribes a standard cover notice for every invention promotion services contract, including: (1) the procedure for contract cancellation; (2) the total number of inventions evaluated by the promoter for commercial potential in the past five years, including the number of positive and of negative evaluations; (3) the total number of customers who have contracted with the promoter in the past five years; (4) the total number of customers known by the promoter to have received a net financial profit as a direct result of the invention promotion services provided; (5) the total number of customers known by the invention promoter to have received license agreements for their inventions as a direct result of such services; and (6) the names and addresses of all previous invention promotion companies with which the promoter or its officers have collectively or individually been affiliated in the previous ten years. Sets forth mandatory contract terms and remedies for certain prohibited contract practices. Establishes a Federal cause of action for inventors injured by material false or fraudulent statements or representations, or any omission of material fact, by an invention promoter, or by the promoter's failure to make the required written disclosures. Sets minimum damages at $5,000, leaving the court discretion to treble actual damages, taking into account past complaints against the same invention promoter. Makes it a misdemeanor for an invention promoter to make fraudulent representations to a customer. Title II: First Inventor Defense - First Inventor Defense Act - Amends Federal patent law to declare that it shall be a defense to an infringement action with respect to any subject matter that would otherwise infringe one or more claims asserting a process or method in the patent being asserted against a person, if such person had, acting in good faith, actually reduced the subject matter to practice at least one year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent. (Sec. 202) Deems a commercial use, in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, any use for which the public is the intended beneficiary, except that such use: (1) may be asserted as a defense only for continued use by and in the laboratory or nonprofit entity; and (2) may not be asserted as a defense with respect to any subsequent commercialization or use outside such laboratory or nonprofit entity. States that the sale or other disposition of a useful end product produced by a patented method, by a person entitled to assert such a defense with respect to that useful end result, shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. Limits the defense to inventions for processes or methods. Prohibits the defense if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. Declares that this defense is not a general license under all claims of the patent at issue, but extends only to the specific subject matter claimed in the patent with respect to which the person can assert a defense. Extends the defense, however, to variations in the quantity or volume of use of the claimed subject matter, and to improvements that do not infringe additional specifically claimed subject matter of the patent. Requires a person asserting the defense to establish it by clear and convincing evidence. Prohibits any person who has abandoned commercial use of subject matter from relying on activities performed before the date of abandonment in establishing a defense with respect to actions taken after such date. Limits assertion of the defense to the person who performed the acts necessary to establish it. Prohibits licensing, assignment, or transfer to any person but the patent owner of the right to assert the defense, except as an ancillary and subordinate part of a good faith assignment or transfer for other reasons of the entire enterprise or line of business to which the defense relates. Restricts the site of use of a subject matter for which the defense may be asserted if the defense has been acquired as part of such a good faith assignment or transfer. Title III: Patent Term Guarantee - Patent Term Guarantee Act of 1999 - Amends Federal patent law to extend the term of a patent one day for each day lost as a result of delay created by the United States Patent and Trademark Office (USPTO) when the agency fails to: (1) make notifications within 14 months after filing of a non-provisional application about the rejection of any patent claim, or objections to or requirements for it, or of allowance of the application; (2) respond within four months to a reply to a rejection, objection, or requirement, or to an appeal of a twice-rejected claim; (3) act on an application within four months after the date of a decision by the Board of Patent Appeals and Interferences, or a decision by a Federal court in a case in which allowable claims remain in the application; or (4) issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. (Sec. 302) Requires a day-for-day extension of a patent term if: (1) a patent is not issued within three years after the filing of the application; or (2) issue is delayed by interferences, secrecy orders, or appeals. Specifies limitations to such an extension, as well as grounds for its reduction. Requires the USPTO Director to prescribe regulations establishing procedures for the application for and determination of patent term extensions and adjustments. (Sec. 303) Authorizes the Commissioner of Patents to: (1) prescribe regulations for the continued examination, at the applicant's request, of a patent application notwithstanding a final rejection; and (2) establish appropriate fees for continued examination proceedings, with a mandatory 50% fee reduction for qualifying small entities. Title IV: United States Publication of Patent Applications Published Abroad - Publication of Foreign Filed Applications Act - Requires the USPTO Director to publish each patent application 18 months after the earliest filing date for which a benefit is sought, unless the applicant requests earlier publication. Makes final and unreviewable the Director's determination to release or not to release information concerning a published patent application. Prohibits publication of any application: (1) no longer pending; (2) subject to a secrecy order; (3) which is provisional; (4) for a design patent; or (5) for an invention the applicant certifies has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing. Requires any applicant, in the latter instance, who subsequently files, in a foreign country or under a multilateral international agreement, an application directed to the invention disclosed in the application filed in the PTO, to notify the Director. (Sec. 402) Allows an applicant to submit a redacted copy of the PTO-filed application, eliminating any part or description of the invention that is not also contained in any of the corresponding applications the applicant has filed in one or more foreign countries whose applications require a less extensive description of the invention than the application or description of the invention in the application filed in the PTO. Requires the USPTO Director to publish only the redacted copy of the application, unless it is not received within 16 months after the earliest effective filing date. Requires the USPTO Director to establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant. Directs the Comptroller General to study and report to specified congressional committees on applicants who file only in the United States on or after the effective date of this subtitle. (Sec. 403) Amends Federal patent law with respect to the option of an applicant seeking patent protection in the United States to claim the filing date of an application for the same invention filed in another Convention country, provided the subsequent application is filed in the United States within 12 months of the earlier filing in the foreign country. Revises requirements for claiming such priority. Authorizes the Director to: (1) consider an applicant's failure to file a timely claim for priority to be a waiver of any such priority claim; and (2) establish procedures (including the payment of a surcharge) to accept an unintentionally delayed priority claim. (Sec. 404) Amends Federal patent law to state that a patent shall contain a (provisional) right to obtain a reasonable royalty for applicants whose applications are published under this title, or international applications designating the United States filed under the Patent Cooperation Treaty (PCT). Entitles the applicant to obtain a reasonable royalty from any person who between publication of the application and issuance of the patent: (1) makes, uses, offers for sale, or sells the invention in, or imports it into, the United States; or (2) if the invention claimed is a process, makes, uses, offers for sale, sells, or imports a product made by that process in the United States; and (3) had actual notice of the published application, including a translation into English if it was filed in a non-English language under the PCT designating the United States. Denies availability of such right unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published application. Sets a six-year statute of limitations from the date of patent issuance in which an action for reasonable royalties must be brought. Authorizes an applicant to request issuance of a patent incorporating one or more claims the USPTO Director has indicated allowable. Permits incorporation into the patent, or issuance of a separate patent, of any subsequently allowed claims. (Sec. 405) Grants a published application prior art effect as of its earliest effective U.S. filing date against any subsequently filed U.S. applications. States that any foreign filing date to which the published application is entitled will not be the effective filing date of the U.S. published application for prior art purposes, unless it is an international application designating the United States published in English under the PCT. (Sec. 406) Requires the USPTO Director to recover the cost of early publication required by this title by charging a separate publication fee after a notice of allowance is given. Title V: Patent Litigation Reduction Act - Patent Litigation Reduction Act - Revises requirements with respect to prior art citations. Repeals the authority to exclude, on request, the prior art citator's identity from the patent file, and keep it confidential. (Sec. 503) Revises the procedure for the conduct of reexamination proceedings, adding specified procedures for a third-party requester. Transfers authority to conduct such proceedings and issue orders from the Commissioner of Patents to the USPTO Director. Requires reexamination proceedings and appeals to the Board of Patent Appeals and Interferences to be conducted with special dispatch within the USPTO. Authorizes a third-party requester to: (1) appeal any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or (2) be a party to any appeal taken by the patent owner. Declares that any third-party requester whose request for a reexamination results in a reexamination order is estopped from asserting at a later time, in any civil action, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the reexamination proceedings, except newly discovered prior art unavailable at the time of such proceedings. Sets forth prohibitions with respect to subsequent requests for reexamination of a patent and final decisions in civil actions. Authorizes a patent owner to obtain a stay of any pending litigation involving an issue of patentability once an order for reexamination has been issued, unless the court determines a stay would not serve the interests of justice. Requires the USPTO Director to report to Congress on whether the reexamination proceedings established under this title are inequitable to any of the parties in interest, as well as any related legislative recommendations. Title VI: Patent and Trademark Office - Patent and Trademark Office Efficiency Act - Subtitle A: United States Patent and Trademark Office - Amends Federal patent law to reorganize the Patent and Trademark Office in the Department of Commerce into a U.S. agency within the Department, called the United States Patent and Trademark Office (USPTO), subject to the general policy direction of the Secretary of Commerce but exercising independent control of its budget, personnel, procurements, and other administrative and management functions. (Sec. 613) Vests the enumerated powers and duties of the USPTO in an Under Secretary of Commerce and Director of the USPTO (currently, the Commissioner of Patents and Trademarks). Requires the Director to appoint a Commissioner of Patents and a Commissioner of Trademarks. (Sec. 614) Prescribes personnel requirements, including mandatory written agreements with labor organizations. Requires the USPTO Director to establish a performance management system according to specified guidelines. Authorizes the Director to establish one or more broad-banded systems covering all or any portion of the USPTO workforce. (Sec. 615) Establishes a Patent Public Advisory Committee and a Trademark Public Advisory Committee. (Sec. 618) Revises the composition of the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences to reflect the changes of this Act. Repeals the current authority (of the Commissioner of Patents and Trademarks) to designate any patent examiner of the primary examiner grade or higher to serve as examiner-in-chief for a six-month period, and act as a member of the Board of Patent Appeals and Interferences. Subtitle B: Effective Date; Technical Amendments - Sets forth the effective date of this title, as well as specified technical amendments to Federal patent law. Subtitle C: Miscellaneous Provisions - Sets forth specified administrative requirements with respect to the USPTO and transfers of functions under this title. Title VII: Miscellaneous Patent Provisions - Amends Federal patent law to permit the conversion, upon applicant request, of a provisional application into a non-provisional application. Repeals the requirement that a provisional application be pending on the filing date of a non-provisional application in order for the provisional application to be relied upon in any proceeding in the USPTO. (Sec. 702) Permits persons who filed an application for patent first in a World Trade Organization (WTO) member country to claim the right of priority in a subsequent patent application filed in the United States, even if such country does not yet afford similar privileges on the basis of applications filed in the United States. Provides for the right of priority in the United States on the basis of an application for a plant breeder's right first filed in a WTO member country or in a foreign member of the International Convention for the Protection of New Varieties of Plants (UPOV Contracting Party). (Sec. 703) Makes certain limitations on remedies for patent infringement applicable only to applications filed on or after September 30, 1996. (Sec. 704) Declares that papers filed in the USPTO may be required to be on an electronic medium. (Sec. 705) Directs the Comptroller General to study and report to Congress on the potential risks to the U.S. biotechnological industry relating to biological deposits in support of biotechnology patents. Requires the USPTO to consider the Comptroller General's recommendations when drafting regulations affecting biological deposits. (Sec. 706) Specifies that an inventor involved in a USPTO interference proceeding who establishes a date of invention is subject to certain requirements, including the one that the invention was not abandoned, suppressed, or concealed. (Sec. 707) Revises the condition of patentability that subject matter developed by another person which qualifies as prior art only in certain circumstances shall not preclude the granting of a patent on an invention with only obvious differences where the subject matter and claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person. Adds to such qualifying prior art circumstances that the invention was described in another patent granted on an application filed before the applicant's date of invention. (Thus allows an applicant to receive a patent when an invention with only obvious differences from the applicant's invention was described in a patent granted on an application filed before the applicant's invention, provided the inventions are commonly owned or subject to an obligation of assignment to the same person.)
United States · United States Congress · 20 May 1999
Iran Nonproliferation Act of 1999 - Directs the President to report periodically to specified congressional committees on foreign persons who, on or after January 22, 1998, have transferred to Iran: (1) controlled goods, services, or technology; or (2) non-controlled goods, services, or technology that would nevertheless would be, if they were U.S. goods, services, or technology, prohibited for export to Iran because of their potential contribution to the development of nuclear, biological, or chemical weapons, or ballistic missile systems. Excludes from identification in such reports any such persons who were previously identified, or who have acted on behalf of, or in concert with, the U.S. Government. Authorizes the President, with specified exceptions, to apply to such foreign person certain measures: (1) set forth in Executive Order 12938 prohibitions; (2) prohibiting the sale to such persons of defense items on the United States Munitions List and defense articles and defense services, or design and construction services under the Arms Export Control Act; and (3) prohibiting the export to such persons of controlled goods and technology under the Export Administration Act of 1979. Prohibits any U.S. agency from making extraordinary payments to the Russian Space Agency in connection with the International Space Station, or any other organization or entity of the Government of the Russian Federation, unless the President has determined, and reported to specified congressional committees, that: (1) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (2) such government is taking the necessary steps to prevent the transfer from Russia to Iran of goods, services, and technology useful in the development of such weapons and systems; and (3) neither the Russian Space Agency, nor any organization under its control, has, during the one-year period prior to the determination, made transfers to Iran of controlled goods, services, or technology or non-controlled goods, services, or technology that has potential to contribute to Iran's development of nuclear, biological, or chemical weapons, or of ballistic missile systems.
United States · United States Congress · 20 May 1999
Disapproves the rule submitted by the U.S. Postal Service relating to delivery of mail to a commercial mail receiving agency (as published in the Federal Register on March 25, 1999). Declares that such rule shall have no force or effect.
United States · United States Congress · 18 May 1999
Medicare Rehabilitation Benefit Improvement Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide certain Medicare beneficiaries with an exemption to the financial limitations imposed on physical, speech-language pathology, and occupational therapy services under Medicare part B (Supplementary Medical Insurance). Directs the Secretary of Health and Human Services to conduct a study of specified effects of this Act for a report to Congress.
United States · United States Congress · 18 May 1999
Savings Account for Every American Act of 1999 - Title I: Personal Retirement Program - Requires each covered employer to: (1) have in effect throughout each calendar year a S.A.F.E. account payroll deduction program for eligible employees; (2) deduct from the wages of each eligible employee and pay the prescribed employee contribution (6.2 percent of wages) on the employee's behalf to the employee's designated S.A.F.E. account; and (3) after the employee has maintained a S.A.F.E. account for 15 calendar years, pay into it the prescribed employer contribution (6.2 percent of wages). Prohibits the employer from receiving compensation for administering the S.A.F.E. account program. Allows amounts otherwise payable to be accumulated by the employer in certain cases. (Sec. 103) Sets forth guidelines for the designation of S.A.F.E. accounts. (Sec. 104) Provides rules for the participation of self-employed individuals in the program (including contributions of 12.4 percent of wages). (Sec. 105) Allows any individual who has been assigned a social security account number, and has been paid wages or has derived self-employment income, to elect to be eligible for the S.A.F.E. account program on or after January 1, 2000. Makes an election ineffective if the individual is entitled to an old age or a disability insurance benefit under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act. (Sec. 106) Sets forth penalties for failure to establish S.A.F.E. account payroll deduction programs, failure to make required deductions, and other specified program violations. (Sec. 107) Directs the Office of Personnel Management to study and report to the President and the Congress on how to provide for the application of this Act to Federal civilian and military personnel. Title II: Tax-Exempt S.A.F.E. Accounts - Amends the Internal Revenue Code to allow an individual taxpayer a deduction from gross income of the aggregate amount paid in cash during the taxable year by or on behalf of such individual to a S.A.F.E. account. (Sec. 201) Includes any amount distributed out of a S.A.F.E. account in the gross income of the distributee, unless: (1) the account beneficiary has attained age 59-and-a-half; (2) the account beneficiary has died; or (3) the distribution has paid for any qualified long-term health insurance contract, disability insurance, or term life insurance. Makes exceptions for certain other distributions as well. Subjects to an additional tax of 20 percent any account distribution which must be included in gross income. Exempts a S.A.F.E. account from income taxation unless it has terminated according to certain rules. Subjects excess contributions to S.A.F.E. accounts to the same excise tax for excess contributions to individual retirement accounts. Subjects S.A.F.E. accounts also to the excise tax for prohibited transactions. Title III: Conforming Amendments to the Social Security Act and the Internal Revenue Code of 1986 - Makes conforming amendments to the Internal Revenue Code and the Social Security Act, especially with regard to: (1) reductions in and exemptions from FICA (Federal Insurance Contributions Act), OASDI, and self-employment income taxes; (2) exclusion of eligible individuals from Old Age, Survivors and Disability Insurance coverage; and (3) the contents of mandatory annual social security account statements.
United States · United States Congress · 13 May 1999
National Institute of Biomedical Imaging and Engineering Establishment Act - Amends the Public Health Service Act to provide for the establishment of the National Institute of Biomedical Imaging and Engineering. Requires the Director of the Institute to establish a National Biomedical Imaging and Engineering Program which shall include research and related technology assessments and development in biomedical imaging and engineering. Requires the Director, with respect to such Program, to prepare and transmit to the Secretary of Health and Human Services and the Director of the National Institutes of Health (NIH) a plan to initiate, expand, intensify, and coordinate Institute biomedical imaging and engineering activities. Requires: (1) the consolidation and coordination of Institute biomedical imaging and engineering research and related activities with those of the NIH and other Federal agencies; and (2) the establishment of an Institute advisory council. Authorizes: (1) appropriations for the Institute for FY 2000 through 2002; and (2) the transfer of appropriate NIH personnel and research facilities for Institute activities.
United States · United States Congress · 6 May 1999
Electronic Signatures in Global and National Commerce Act - Title I: Validity of Electronic Records and Signatures for Commerce - Prohibits any rule of law from denying the legal effect of certain instruments of electronic commerce on the ground that: (1) they are not in writing; or (2) they are not signed or affirmed by a signature if they have been signed or affirmed by electronic signature. Sets forth guidelines under which a Federal or State rule of law may alter or supersede the general rule of validity governing instruments of electronic commerce. Empowers the Secretary of Commerce to enjoin a State rule of law in violation of such guidelines. Excludes certain testamentary instruments and matters of family law from the purview of this Act. Title II: Development and Adoption of Electronic Signature Products and Services Directs the Secretary to: (1) conduct and report to Congress on the results of an inquiry regarding impediments to commerce in electronic signature products and services; and (2) promote the practice of electronic signatures in interstate and foreign commerce. Title III: Use of Electronic Records and Signatures Under Federal Securities Law - Amends the Securities Exchange Act of 1934 to reflect the provisions of this Act regarding the use of electronic records and signatures. Authorizes the Securities and Exchange Commission to prescribe implementing regulations.
United States · United States Congress · 5 May 1999
TABLE OF CONTENTS: Title I: HealthMarts Title II: Health Care Access and Choice Through Individual Membership Associations (IMAs) Title III: Federal Matching Funding for State Insurance Expenditures Title IV: Small Business Access and Choice for Entrepreneurs Act of 1999 Title V: Improvement to Access and Choice of Health Care Title VI: Patient Access to Information Patients' Health Care Choice Act of 1999 - Title I: HealthMarts - Amends the Public Health Service Act to create a new title on HealthMarts. Requires that HealthMarts: (1) be nonprofit entities composed of employers, employees, other individuals eligible to participate in the HealthMart, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all employers, eligible employees, and individuals at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. Requires that coverage made available to an eligible employee or individual in a geographic area be offered to all eligible employees or individuals in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all offered coverage options. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart, notwithstanding that they change employers, and notwithstanding that they terminate the employment, if the HealthMart permits individual enrollment. Allows HealthMart coverage to include coverage through a health maintenance organization (HMO), a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, or any combination of those coverages. Requires a HealthMart to permit any employer or individual to contract for coverage, and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Requires HealthMarts to make at least two coverage options available, at least one of which is a non-network option. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Title II: Health Care Access and Choice Through Individual Membership Associations (IMAs) - Creates a new Public Health Service Act title on Individual Membership Associations (IMAs), defining IMA to mean an entity that: (1) has been in existence for at least five years for purposes other than obtaining insurance; (2) does not condition membership an health factors; (3) makes health coverage available to all IMA members and their dependents through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, or any combination of those coverages; and (4) does not make coverage available other than in connection with an IMA member. Supersedes certain related State laws. Title III: Federal Matching Funding for State Insurance Expenditures - Requires that each State receive from the Secretary of Health and Human Services an amount equal to 50 percent of the funds expended by the State for a health benefits high risk pool, reinsurance pool, or other risk adjustment mechanism to subsidize the purchase of private health insurance. Title IV: Affordable Health Coverage for Employees of Small Businesses - Small Business Access and Choice for Entrepreneurs Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) applications and related reporting; (7) notice for voluntary termination; and (8) corrective actions and mandatory termination. (Sec. 402) Directs the Secretary of Labor to apply, to the appropriate Federal district court, to be appointed trustee of certain insolvent association health plans which provide health benefits in addition to health insurance coverage. Allows a State to impose a contribution tax on an association health plan that begins operations in such State after the enactment of this Act. (Sec. 403) Revises requirements for treatment of single employer arrangements. (Sec. 404) Revises requirements for certain collectively bargained arrangements. (Sec. 405) Sets forth enforcement requirements relating to association health plans. (Sec. 406) Sets forth State responsibilities, and requirements for cooperation between Federal and State authorities, with respect to association health plans. (Sec. 407) Prescribes special rules for certain existing health benefits programs. Title V: Improvement to Access and Choice of Health Care - Amends the Internal Revenue Code to exclude any compensating coverage employer payment from the gross income of an eligible employee who elects not to participate in an employer-subsidized health plan. (Sec. 501) Defines compensating coverage payment as: (1) any payment made by the employer for qualified health insurance specified by the employee which covers all of the individuals who, but for such election, would be covered under the employer's subsidized health plan; and (2) any payment made by the employer to any medical savings account (MSA) of such employee or spouse. Defines employer health plan contribution as the applicable premium for the employee reduced by the employee's share of such premium, as determined by the employer on an actuarial basis taking into account the employee's age, sex, and geography and similarly situated beneficiaries. Specifies conditions on employer participation in a compensating coverage payment program. Excludes from such a program: (1) any employee covered under a subsidized health plan of another employer or of an employer of the employee's spouse; (2) any employee who normally works less than 25 hours per week; (3) any employee who normally works during not more than six months during any year; (4) any employee under age 21; and (5) any employee covered by a collective bargaining agreement. Requires an employer to report health plan contributions on an employee's W-2 form. (Sec. 502) Allows a tax credit to an individual for a portion of the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. Specifies a formula for determination of such credit. Disallows the credit for: (1) any amounts paid for coverage under any subsidized health plan maintained by any employer of the taxpayer or of the taxpayer's spouse; or (2) any taxable year for which any compensating coverage payment is excluded from the taxpayer's gross income. Sets forth requirements for qualified health insurance, including no exclusion from, or limitation on, coverage for any preexisting medical condition of certain applicants. Terminates such credit as of December 31, 2002. (Sec. 503) - Medical Savings Account Effectiveness Act of 1999 - Amends the Internal Revenue Code to repeal: (1) the limitations on the number of taxpayers having MSAs; and (2) the limitation of MSAs to small employers (thus permitting all employers to offer them). Revises the amount of deduction allowed for contributions to MSAs to set the monthly limitation at one-12th of the annual deductible of the individual's coverage under the high deductible health plan. Revises the denial of an employee's MSA contribution deduction if an employer makes income-excludible contributions to the employee's MSA. Reduces the limitation on such a deduction by the amount of an employer's contribution (thus allowing both employers and employees to contribute to the employee's MSA). Reduces the minimum deductibles under a high deductible health plan: (1) from $1,500 to $1,000 for self-only coverage; and (2) from $3,000 to $2,000 for family coverage. Allows MSAs to be offered under cafeteria plans. (Sec. 504) Increases the maximum deductibles under a high deductible health plan: (1) from $2,250 to $5,000 for self-only coverage; and (2) from $4,500 to $10,000 for family coverage. Title VI: Patient Access to Information - Amends the Public Health Service Act to require each health insurance issuer offering coverage in connection with a group plan to provide: (1) the plan's Administrator with specified information on plan benefits, a participant's financial responsibilities, legal recourse options available for participants and beneficiaries, and a summary of information available on request; (2) to a participant or to an employee eligible to participate, in certain circumstances, the summary plan description (if requested, in an electronic format); and (3) prior notice to participants of exclusion of a specific drug or biological from any drug formulary that is used in the treatment of a chronic illness or disease.
United States · United States Congress · 5 May 1999
Prohibits the Department of Education from: (1) using Federal funds to plan, develop, implement, or administer any national teacher test or certification; or (2) withholding funds from any State or local educational agency if such agency fails to adopt a specific method of teacher certification.
United States · United States Congress · 5 May 1999
K-12 Education Excellence Now Act of 1999 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including qualifying home schooling and teacher-provided materials) and for contributions to charitable organizations which provide scholarships for children to attend such schools.
![Official portrait of Rep. Shadegg, John B. [R-AZ-3]](https://www.congress.gov/img/member/s000275_200.jpg)