United States · United States Congress · 14 April 1999
Mental Health Equitable Treatment Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit certain employee group health plans or related insurance coverages providing both medical-surgical and health benefits from imposing, in the absence of comparable medical-surgical limits: (1) mental health inpatient and outpatient benefit limits; and (2) limits on benefits for severe biologically based mental illnesses.
United States · United States Congress · 14 April 1999
Fairness for Legal Immigrants Act of 1999 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to lawful resident aliens and their eligibility for Medicaid and Supplemental Security Income (SSI) (titles XIX and XVI of the Social Security Act (SSA)) and other Federal assistance. Provides States with the option of extending Medicaid-eligibility to certain lawful resident alien pregnant women and children, as well as the option of extending CHIP-eligibility (SSA title XXI (Children's Health Insurance (CHIP)) to such children. Provides States with the option of extending Medicaid-eligibility to certain blind or disabled or other specified medically needy aliens, such as those who are residents of a nursing facility. Mandates SSI eligibility for certain lawful resident aliens who are aged, blind, or disabled. Exempts certain blind or disabled aliens from the five-year general limitation on the eligibility for qualified aliens for Federal means-tested public benefits that was imposed by such Act. Mandates food stamp program eligibility under the Food Stamp Act of 1977 for certain aliens lawfully residing in the United State on August 22, 1996, who would otherwise be subject to the same five-year general limitation. Exempts certain battered aliens (which under such Act are treated as lawful resident aliens) from disqualification (thereby making them SSI- and food stamp program-eligible). Amends the Immigration and Nationality Act to provide for waiver of affidavit of support requirements for benefits provided through such State elections to extend such optional Medicaid and other described optional public program eligibility to certain lawful resident aliens.
United States · United States Congress · 13 April 1999
Amends the Internal Revenue Code to exempt from Federal income tax any amounts received by Holocaust victims or their heirs: (1) from the Swiss Humanitarian Fund established by the Government of Switzerland or from any similar fund established by any foreign country; or (2) as a result of the settlement of the action entitled "In re Holocaust Victims' Asset Litigation", (E.D. NY), C.A. No. 96-4849, or as a result of any similar action.
United States · United States Congress · 13 April 1999
Medicare Cancer Clinical Trial Coverage Act of 1999 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
United States · United States Congress · 12 April 1999
SBP Benefits Improvement Act of 1999 - Amends Federal provisions concerning the military Survivor Benefit Plan (SBP) to adjust the basic SBP annuity amount for surviving spouses age 62 or over of former military personnel to: (1) 35 percent of the retired pay of the decedent, for months beginning on or before the enactment of this Act (current law); (2) 40 percent of such pay, for months beginning after the date of enactment of this Act until October 2004; and (3) 45 percent of such pay, for months beginning on or after October 2004. Adjusts similarly the authorized percentage amounts of SBP supplemental annuity authorized to be provided for such surviving spouses. Directs the Secretary of Defense to ensure appropriate adjustments in the computation of retired pay reductions for such supplemental annuities made necessary by this Act.
United States · United States Congress · 12 April 1999
Directs the Federal Communications Commission (FCC), by December 31, 2000, to develop and implement a plan for the efficient allocation of telephone numbers. Directs the FCC, until it has fully implemented such plan, and at the request of a State commission, to delegate to such commission its jurisdiction over telephone numbering with respect to States to the extent that such delegation will permit the State commission to implement measures to conserve telephone numbers.
United States · United States Congress · 25 March 1999
TABLE OF CONTENTS: Title I: Asbestos Resolution Corporation Title II: Medical Eligibility Determinations Title III: Alternative Dispute Resolution Title IV: Civil Actions Title V: Rules Applicable to Arbitrations and Civil Actions Title VI: Funding Title VII: Applicability; Pending Civil Actions Title VIII: Miscellaneous Provisions Fairness in Asbestos Compensation Act of 1999 - Title I: Asbestos Resolution Corporation - Establishes the Asbestos Resolution Corporation which shall: (1) have exclusive authority to adopt rules for cost recovery, physician qualifications, alternative dispute resolution, exceptional medical cases, and disease eligibility; and (2) appoint a Medical Advisory Board. Title II: Medical Eligibility Determinations - Sets forth claimant medical eligibility determination criteria for: (1) nonmalignant conditions; (2) mesothelioma; (3) lung cancer; and (4) other cancer. (Sec. 205) Sets forth procedures for Corporation determination of a claimant's certificate of medical eligibility. (Sec. 206) Directs the Corporation to establish one or more exceptional medical claims panels. Sets forth application and acceptance provisions. (Sec. 207) Provides for: (1) confidentiality; and (2) U.S. district court review of Corporation determinations of eligibility. Title III: Alternative Dispute Resolution - Directs the Board to establish procedural rules for an alternative dispute resolution process. Sets forth provisions regarding: (1) motions officers; (2) respondent notification; (3) additional respondents; (4) grace period; (5) mediation and arbitration; and (6) subpoena powers. Title IV: Civil Actions - Prohibits: (1) a civil asbestos action unless the plaintiff has obtained a certificate of medical eligibility and release from mediation; and (2) a class action or other collective action without the consent of each defendant. (Sec. 404) Requires a penalty for a final offer made by a respondent in mediation if such offer is below a certain amount assigned by the jury or fact-finder. Title V: Rules Applicable to Arbitrations and Civil Actions - Sets forth arbitration and civil action rules with respect to: (1) issues to be decided; (2) relief; (3) timeliness defenses; (4) attorney's fees; and (5) nonpreclusion of nonmalignant claims upon subsequent malignancy claims. Title VI : Funding - Directs the Corporation to estimate its annual medical review and administrative and overhead costs and allocate proportionate cost shares among the previous year's respondents. Provides monetary penalties for noncooperation with the Corporation. (Sec. 602) Provides for mediation and arbitration costs to be charged on a per capita basis to participating respondents. (Sec. 603) Directs the Corporation to establish procedures for informal resolution of cost assessment disputes. Provides for U.S. district court review of cost assessment disputes. (Sec. 606) Establishes the Asbestos Resolution Corporation Trust Fund and transfers to it amounts received under this title and other amounts. Authorizes obligation of Fund amounts consistent with this Act, to remain available without fiscal year limitation. Title VII: Applicability; Pending Civil Actions - Makes this Act applicable to any civil asbestos action that has not resulted in a final, nonappealable judgment, with specified conditions applicable to pending civil actions. Title VIII: Miscellaneous Provisions - Defines specified terms. (Sec. 803) Makes this Act inapplicable to existing asbestos trusts, with an elective trust exception. (Sec. 804) States that nothing in this Act shall prohibit a claimant from entering into a settlement agreement concerning a claim covered under this Act.
United States · United States Congress · 25 March 1999
Freedom from Restraint Act of 1999 - Amends part D (Miscellaneous) of title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to specify program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a service provider to report sentinel events (when a program beneficiary under psychiatric care dies unexpectedly or suffers serious injury unrelated to his or her illness or underlying condition) to appropriate agencies or entities with oversight authority. Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care; and (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database. Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act. Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance; and (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action.
United States · United States Congress · 25 March 1999
Children's Gun Violence Prevention Act of 1999 - Title I: Children's Firearm Safety - Amends the Brady Handgun Violence Prevention Act to prohibit the manufacture or import of an unsafe handgun, with exceptions. Defines "unsafe handgun" to: (1) mean any handgun that fails a specified drop test, any semiautomatic pistol that does not have a magazine disconnect safety, and any handgun that is sold without a mechanism designed to prevent a handgun's discharge by an authorized user; and (2) exclude a handgun that meets specified requirements for a child resistant trigger. (Sec. 102) Requires the Director of the Consumer Product Safety Commission to conduct a study to determine the means by which the safety of handguns can be improved in order to prevent the unauthorized use or discharge of handguns by children. Sets forth testing and evaluation and reporting requirements. Authorizes appropriations. Title II: Children's Firearms Age Limit - Prohibits the sale, delivery, or other transfer of a semiautomatic assault weapon to a juvenile. (Sec. 202) Doubles the term of imprisonment for a person who transfers a handgun (or semiautomatic assault weapon) to a juvenile for use in a crime of violence. Title III: Responsibilities of Firearms Dealers - Directs the Secretary of the Treasury, after notice and opportunity for a hearing, to revoke the license of a dealer who willfully sells a firearm to an individual who has not attained age 18. (Sec. 302) Requires two forms of identification for firearms purchasers known or believed to be under age 24. (Sec. 303) Directs the Secretary to issue final regulations that establish minimum firearm safety and security standards that apply to dealers who are issued a license. Sets penalties for licensed dealers who knowingly fail to comply with applicable regulations regarding such standards. Title IV: Children's Firearm Access Prevention - Prohibits keeping a loaded firearm, or an unloaded firearm and ammunition, within any premise under that person's control if that person knows, or reasonably should know, that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian, subject to specified requirements and exceptions. Imposes a fine of up to $10,000 for violations. Sets criminal penalties of up to a year in prison if a juvenile obtains access to the firearm and thereby causes death or bodily injury, or exhibits the firearm in a public place, or in violation of specified provisions, including prohibitions against the possession or use of a firearm in a school zone. Title V: Children's Firearm Injury Surveillance - Authorizes the Secretary of Health and Human Services to make grants to State and local departments of health and State and local law enforcement agencies for purposes of establishing and maintaining children's firearm-related injury surveillance systems. Authorizes appropriations. Title VI: Children's Gun Violence Prevention Education - Children's Gun Violence Prevention Education Act of 1999 - Authorizes the Secretary of Education or the State educational agency to award grants to local educational agencies for the purpose of educating children about preventing gun violence. Authorizes appropriations. (Sec. 603) Directs the Secretary: (1) before awarding such grants, to consult with the Attorney General to establish guidelines for gun violence prevention education programs for children; (2) to include on the Department of Education's Internet site a description of programs that receive such grants; and (3) to publicize the competitive grant program through its Internet site, publications, and public service announcements. (Sec. 605) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to provide for timely counseling to, and evaluations of, any public school student who possesses a weapon on school grounds, and advice to public school students, staff, and administrators after an incident of gun-related violence on school grounds. Title VII: Children's Firearm Tracking - Directs the Secretary of the Treasury to take such actions as necessary to increase the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII). Requires the Secretary to: (1) utilize information provided by YCGII to facilitate the identification and prosecution of individuals illegally trafficking firearms to individuals under age 24; (2) share information derived from YCGII with State and local law enforcement agencies through on-line computer access; and (3) award grants to States, cities, and counties to assist their tracing of firearms and participation in YCGII.
United States · United States Congress · 25 March 1999
Sanctions Policy Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions in order to ensure coordination of U.S. policy with respect to trade, security, and human rights. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Expresses the sense of Congress that any unilateral economic sanction legislation introduced in or reported to a House of Congress should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity, with specified exceptions; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted; and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any unilateral economic sanction legislation. Requires specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Requires that any bill or joint resolution that imposes any unilateral economic sanction be treated as including a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Requires the President to: (1) publish notice in the Federal Register at least 45 days in advance of the President's intention to impose any new unilateral economic sanction with respect to a foreign country or foreign entity; and (2) consult with the appropriate congressional committees regarding such proposed sanction. Requires any executive sanction to include an assessment of whether the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a new unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission (ITC) on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the event that it is in the national interest, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Establishes an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President. (Sec. 8) Requires the President and the ITC to report annually to the appropriate congressional committees with respect to each unilateral economic sanction imposed under this Act or under any other U.S. law, regulation, or Executive order.
United States · United States Congress · 25 March 1999
Prescription Drug Fairness for Seniors Act of 1999 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy such covered outpatient drug in the described amount (an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries) and at the described price (the price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug). Sets forth special provisions with respect to hospice programs.
United States · United States Congress · 25 March 1999
Financial Services Act of 1999 - Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board of Governors of the Federal Reserve System (the Board), as of the day before the date of enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Creates a statutory mechanism for the establishment of financial holding companies (FHCs) whose subsidiary depository institutions are well-capitalized, are well-managed, and have achieved a rating of at least a "satisfactory record of meeting community credit needs" at the most recent examination under the Community Reinvestment Act of 1977. Sets forth limited exclusions from community needs requirements for newly acquired depository institutions. Instructs the Board to establish and apply comparable capital standards to a foreign bank with a subsidiary bank or commercial lending company in the United States. Permits an FHC and a wholesale financial holding company (WFHC) to engage in any activity and acquire the shares of any company whose activities have been determined jointly by the Board and the Secretary of the Treasury to be either financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, and ownership or control of banking interests. Requires an FHC to make assurances that risk management procedures adequately protect insured depository institution subsidiaries, including reasonable measures to preserve separate corporate identity and limited liability. Mandates notification to the Board of certain large business combinations with FHCs or wholesale FHCs. Cites circumstances under which an FHC (and its foreign counterpart) may engage in nonfinancial activities. Permits FHCs which were not BHCs or foreign banks before becoming FHCs to retain limited non-financial activities and affiliations. Sets forth cross-marketing restrictions for FHC-controlled depository institutions. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, wholesale financial institutions, insurance concerns, and national banks. Cites exceptions to such preemption, including State regulation of the business of insurance, retention of State capitalization requirements for an insurance entity acquired by another, and specified consumer protections. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. Declares that nothing in this Act preempts State antitrust and general corporate laws, or laws or regulations with respect to non-insurance financial activities. (Sec. 105) Mandates that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (RNIBBEA) to apply its prohibition against deposit production offices to interstate branches acquired or established under this Act, including all branches of a bank owned by an out-of-State BHC. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to apply to any branch of a bank controlled by an out-of-State BHC certain requirements for branch closures by an interstate bank. (Sec. 108) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. (Sec. 109) Directs the Federal Trade Commission (FTC) to present interim reports to the Congress regarding an ongoing multistage study of consumer privacy issues. (Sec. 110) Directs the Comptroller General to study and report to the Congress on the projected impact that the enactment of this Act will have on financial institutions with total assets of $100 million or less. Subtitle B: Streamlining Supervision of Financial Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution FHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. (Sec. 111) Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. Mandates Board deference to the SEC and relevant State securities and insurance authorities with respect to interpretations and enforcement of activities (functional regulation) within their respective jurisdictions. (Sec. 112) Provides that a declaration filed by a company seeking to be an FHC shall satisfy BHC registration requirements but not any requirement to file an application to acquire a bank. Revises BHCA divestiture procedures to permit a BHC to elect divestiture of either a nonbanking subsidiary or an insured depository institution. (Sec. 113) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Authorizes the Board to restrict relationships or transactions between: (1) a BHC depository institution subsidiary and its affiliates (other than a subsidiary of the institution); and (2) a foreign bank and its U.S. affiliates. (Sec. 115) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. Permits the Federal Deposit Insurance Corporation (FDIC) to examine an insured depository institution and its affiliate in order to disclose fully the impact of the relationship upon such institution. (Sec. 116) Prohibits the Board from taking any action under the BHCA or the FDIA against a BHC-regulated subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice or breach of fiduciary duty by the subsidiary that poses a material risk to the financial safety, soundness or stability of an affiliated depository institution or to the domestic or international payment systems. (Sec. 117) Declares it is the intent of the Congress that the Board and State insurance regulators should: (1) coordinate their respective supervision of companies that control a depository institution and a company engaged in insurance activities; and (2) share relevant information on a confidential basis (including information regarding the financial health of the consolidated organization, and transactions and relationships between insurance companies and affiliated depository institutions). States that Federal banking agencies for depository institutions should also share information with State insurance regulators on a confidential basis regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. Sets forth guidelines for such information exchange and confidentiality. (Sec. 118) States that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries also limit FDIC authority over such companies and their nonbank subsidiaries. Permits the FDIC to examine an insured depository institution and its affiliate in order to disclose fully the impact of the relationship upon such institution. (Sec. 119) Amends the FDIA to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any affiliates or subsidiaries of certain insured depository institutions in receivership, in default, or in danger of default, or of any insured depository institution in such circumstances that is acquiring another insured depository institution. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to permit a national bank subsidiary to engage in activity that: (1) is permissible for the parent national bank; (2) is authorized under specified Federal statutes that expressly authorize national banks to own or control subsidiaries; and (3) is permissible for a BHCA bank holding company other than engaging as principal in traditional insurance activities (including providing annuities, or engaging in insurance company investments. Prohibits a national bank subsidiary from engaging in real estate investment or development activities (unless Federal statute expressly authorizes a national bank to engage in such activity). Precludes certain large-sized national banks ($10 billion total assets) from controlling a subsidiary unless such bank is itself a subsidiary of a bank holding company. Cites prerequisites for national banks with financial subsidiaries. (Sec.122) Amends the FDIA to prescribe guidelines authorizing State bank subsidiaries to engage in financial activities. (Sec. 123) Mandates safety and soundness firewalls between insured banks and their financial subsidiaries, including: (1) limits on the equity investment of a bank in such subsidiary; (2) mandatory bank procedures for identifying and managing financial operational risks posed by its financial subsidiary; (3) maintenance of separate corporate and legal status; and (4) limits on the credit exposure of a bank to its financial subsidiary. (Sec.124) Subjects securities and insurance agency activities of insured depository institution subsidiaries to functional regulation under the Securities Exchange Commission, and the State insurance regulator, respectively. (Sec. 125) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 126) Amends the Federal Reserve Act to repeal: (1) the Board's power to restrict the percentage of individual bank capital and surplus represented by loans secured by stock or bond collateral; and (2) the Board's duty to establish such restrictions with a view to preventing the undue use of bank loans for the speculative carrying of securities. Subtitle D: Wholesale Financial Holding Companies; Wholesale Financial Institutions - Chapter 1: Wholesale Financial Holding Companies - Sets forth a statutory mechanism for regulation of wholesale financial holding companies that do not control a bank other than a wholesale financial institution (WFI) or specified, limited-purpose institutions. Requires such a company to be a registered bank holding company predominantly engaged in certain financial activities, and in control of one or more WFIs. Specifies the limits of Board examinations of such companies. (Sec. 131) Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. Specifies the kinds of nonfinancial activities in which Board-supervised companies may engage. Sets forth guidelines for the treatment of foreign banks operating within the United States as Board-supervised wholesale financial holding companies. Chapter 2: Wholesale Financial Institutions - Amends the Revised Statutes to permit a national bank to operate as a noninsured national WFI subject to FRA and the regulatory authority of the Comptroller of the Currency. Amends FRA to prescribe procedural guidelines for State bank membership as a noninsured WFI in the Federal Reserve System, subject to FDIA enforcement authority and prompt corrective action requirements. Subjects such institutions to the Community Reinvestment Act of 1977 only if the WFI has an affiliate that is an insured depository institution or that operates an insured branch. (Sec. 136) Prohibits a WFI from receiving initial deposits of $100,000 or less except on an incidental and occasional basis. Limits incidental deposits of $100,000 or less to a maximum five percent of a WFI's total deposits. Sets forth capital and managerial requirements for certain WFIs controlled by companies under the jurisdiction of either the SEC or the BHCA. Empowers the Comptroller of the Currency (in the case of a national WFI), and the Board to direct a WFI conservator or receiver to file a petition under title II of the Federal bankruptcy code. Amends FDIA to prescribe procedures whereby an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a WFI in order to accept any deposits. Amends Federal bankruptcy law to prescribe WFI liquidation guidelines. Subtitle E: Preservation of FTC Authority - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 142) Directs certain Federal banking agencies to make data available to the Attorney General and the FTC that they deem necessary for antitrust review under specified statutes. (Sec. 143) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 144) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company under the IBA to engage in any financial activity, if it files a BHCA declaration to function as a qualified BHC (QBHC). (Consequently, foreign banks with grandfathered affiliates would be permitted to keep them on the same terms and conditions that govern domestic banking organizations.) (Sec. 152) Amends the FDIA to allow insured foreign banks and foreign wholesale financial institutions (WFIs) to terminate deposit insurance voluntarily in the same manner and to the same extent as insured State or national banks. (Sec. 153) Amends the International Banking Act of 1978 to authorize the Board to examine any affiliate of a foreign bank conducting business in any State in which the Board deems it necessary to determine and enforce compliance with Federal banking law. Subtitle G: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1999 - Amends the Federal Home Loan Bank Act (FHLBA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Permits such an association to withdraw its membership (currently such withdrawal is prohibited). (Sec. 164) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loans secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the Federal Housing Finance Board (FHFB). Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). Authorizes such Board to: (1) review the collateral standards applicable to each Federal home loan bank for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 165) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 166) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition of a bank building by purchase or over ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (3) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; (2) address insufficiencies in capital levels resulting from automatic membership of a Federal savings association in the local FHLB; and (3) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Expands the mandate of FHLB Affordable Housing Programs to include providing subsidies (in addition to subsidized interest rates) on advances for member lending for low- and moderate-income housing. Authorizes each FHLB board of directors to approve member requests for Affordable Housing Program subsidies. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 167) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). Subtitle H: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Subtitle I: Deposit Insurance Funds - Directs the Board of Directors of the Federal Deposit Insurance Corporation to study and report to the Congress on specified issues regarding the BIF and the SAIF, including their safety and soundness, and the adequacy of their reserve requirements in light of mergers and consolidations within the industry. (Sec. 187) Amends the FDIA to eliminate the SAIF and Deposit Insurance Fund (DIF) special reserves. Subtitle J: Effective Date of Title - Sets forth the effective date of title I of this Act. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to: (1) promulgate regulations and complaint procedures applicable to retail transactions, solicitations, advertising, or offers of any security by any insured depository institution or affiliate other than a registered broker or dealer; (2) jointly establish a grievance process for customer complaints against banks or bank employees arising in connection with securities sales or purchases; and (3) establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 206) Defines traditional banking product, and amends the Securities Exchange Act of 1934 to define a new banking product as a security that: (1) was not subject to Securities and Exchange Commission (SEC) regulation as a security before enactment of this subtitle; and (2) is not a traditional banking product. Authorizes the SEC to determine, by regulation published in the Federal Register, that a bank that effects transactions in, or buys or sells, a new (hybrid) product (which is a security) should be subject to broker and dealer registration requirements, but only if it is necessary or appropriate in the public interest and for the protection of investors. Prescribes procedural guidelines under which the Federal Reserve Board, or any aggrieved party, may obtain judicial review of such regulation. Requires the court to determine whether the subject product or instrument would be more appropriately regulated under either Federal banking laws or Federal securities laws. (Sec. 207) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC prescriptions. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Exempts a church plan organization that is also an investment adviser (including its affiliate) from the proscription against ownership of controlling interests in an investment company. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment bank holding companies. Sets forth the parameters of SEC supervision of investment bank holding companies, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Grants the SEC backup inspection authority for certain wholesale financial holding companies for monitoring and compliance enforcement purposes. Subtitle D: Studies - Directs the Comptroller General to report to Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to the Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - Subtitle A: State Regulation of Insurance - States that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Requires each Federal banking agency to: (1) issue consumer protection regulations (including physical segregation of banking activities from insurance product activities); and (2) prohibit discrimination against victims of domestic violence. Expresses the sense of Congress that the States should adopt regulations prohibiting such discrimination regarding insurance products that are at least as strict as those under this Act. Mandates that the Federal banking agencies jointly establish a consumer complaint mechanism to address violations of this Act expeditiously. (Sec. 308) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. (Sec. 309) Amends the Revised Statutes to apply to Federal banking agencies the same notice and publication requirements for preemption of State law with respect to Federal savings associations as pertain with respect to national banks. Subtitle B: National Association of Registered Agents and Brokers - Sets forth a regulatory framework for uniform multistate licensing for insurance sales practices, to take effect only if a majority of the States have not enacted uniform laws and regulations governing the licensure of insurance sales by individuals and entities within three years after enactment of this Act. (Sec. 322) Establishes the National Association of Registered Agents and Brokers (the Association) as a non-profit, non-Federal agency, to provide a mechanism for uniform licensing, appointment, continuing education, and other insurance producer sales qualification requirements which can be adopted and applied on a multistate basis, while preserving the right of States to regulate insurance producers and insurance-related consumer protection and unfair trade practices. (Sec. 324) Subjects the Association (which shall not be considered a Federal agency or instrumentality) to regulation by the National Association of Insurance Commissioners (NAIC). Requires the Association to establish an office of consumer complaints. Vests management of the Association in a board of directors. Cites circumstances under which Association rules preempt State regulation of insurance producers. Requires the Association to coordinate with the National Association of Securities Dealers in order to mitigate administrative burdens that may result from dual membership. Title IV: Unitary Savings and Loan Holding Companies - Amends the Home Owners' Loan Act to prohibit new affiliations between savings and loan holding companies and certain commercial firms, except in specified circumstances, including a family trust that becomes a savings and loan holding company with respect to a savings association. (Sec. 402) Permits Federal savings associations to convert into national banks if the resulting bank meets all applicable financial, management, and capital requirements. (Sec. 403) Amends specified Federal law to declare that any depository institution whose charter is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution. Title V: Financial Information Anti-Fraud - Financial Information Anti-Fraud Act of 1999 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. (Sec. 501) Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws. Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to Federal civil and criminal penalties. Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act. Requires the Comptroller General to report to Congress: (1) on the efficacy and adequacy of the remedies provided in this Act addressing attempts to obtain financial information by fraudulent means or by false pretenses; and (2) any recommendations for additional action to address threats to the privacy of financial information created by such attempts. Title VI: Miscellaneous - Amends Federal criminal law to cite circumstances under which a court may direct disclosure of grand jury information concerning a banking law violation to certain personnel of a Federal or State financial institution. (Sec. 602) Expresses the sense of the Senate Committee on Banking, Housing, and Urban Affairs that: (1) the small business tax provisions of the Internal Revenue Code should be more widely available to community banks; and (2) in conjunction with any financial modernization legislation the Congress should amend the Code for certain purposes. Urges such legislation to: (1) increase the number of S corporation shareholders; (2) permit S corporation stock to be held in individual retirement accounts (IRAs); (3) clarify that interest on investments held for safety, soundness, and liquidity purposes should not be considered passive income; (4) provide that bank director stock is not treated as a disqualifying second class of stock for S corporations; and (5) improve the tax treatment of bad debt and interest deductions. (Sec. 603) Amends the Federal Deposit Insurance Act to specify circumstances under which the Secretary of the Treasury may: (1) approve an affiliation between a depository institution and the Student Loan Marketing Association (SALLIE MAE) solely in its reorganized, privatized status as "the Holding Company," not in its status as a government sponsored enterprise (GSE); and (2) impose affiliation terms and conditions, including restrictions upon either the issuance of debt obligations by SALLIE MAE in its GSE status, or upon the use of proceeds from such obligations. (Current law prohibits affiliations between depository institutions and GSEs.) Limits the value of the investment portfolio of SALLIE MAE in its GSE status in the event such affiliation should occur to the lesser of: (1) its value upon enactment of this Act; or (2) its value on the date such an affiliation is consummated. Grants the Secretary enforcement powers under the Higher Education Act of 1965. (Sec. 604) Amends the BHCA of 1956 to repeal certain authority, requirements, and restrictions relating to insurance activities of savings bank subsidiaries of bank holding companies. (Sec. 605) Declares that the vice chairman of the Federal Reserve Board may serve as a member of the District of Columbia Financial Responsibility and Management Assistance Authority. (Sec. 606) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, the Program for Investment in Microentrepreneurs Act of 199, or the PRIME Act. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates 50 percent matching funds from non-Federal sources. Authorizes appropriations.
United States · United States Congress · 25 March 1999
Early Learning Trust Fund Act - Directs the Secretary of Health and Human Services (HHS) to establish and maintain a program of financial assistance to States and local entities for full day, full calendar year early learning services for prekindergarten children. Sets forth program requirements for State allotments and local allocations, State administration through as Lead State Agency, State and local councils, applications, and reports. Directs the Secretary of HHS to consult with the Secretary of Education in developing and issuing program guidance instructions. Authorizes appropriations.
United States · United States Congress · 25 March 1999
Compassionate Care Act of 1999 - Amends the Public Health Service Act to require hospitals and other health care facilities that receive Federal assistance in any form to protect the rights of their patients and residents, including freedom from physical or mental abuse, corporal punishment, involuntary seclusion, and physical or chemical restraints used for punishment or convenience. Permits use of physical or chemical restraints only to ensure the physical safety of a patient or resident, or others, and only upon a physician's specific written order. Requires a facility subject to the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to notify the appropriate Protection and Advocacy system of each resident's death and related circumstances. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to require a State protection system for the mentally ill to investigate certain deaths and injuries at such facilities. Subjects facilities to loss of Federal assistance for noncompliance with this Act.
United States · United States Congress · 25 March 1999
Government Pension Offset Reform Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan. Declares that such benefit reductions shall be equal to the amount by which two-thirds of the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $1,200, adjusted for inflation.
United States · United States Congress · 25 March 1999
TABLE OF CONTENTS: Title I: Prelitigation Procedures for Year 2000 Civil Actions Title II: Year 2000 Civil Actions Involving Contracts Title III: Year 2000 Civil Actions Involving Tort and Other Noncontractual Claims Title IV: Class Actions Involving Year 2000 Claims Title V: Effective Date Y2K Fairness in Litigation Act - Title I: Prelitigation Procedures for Year 2000 Civil Actions - Requires the prospective plaintiff, before filing a year 2000 claim, except in an action for a claim that seeks only injunctive relief, to provide to each prospective defendant a written notice that identifies and describes with particularity: (1) any manifestation of a material defect alleged to have caused injury; (2) the injury allegedly suffered or reasonably risked; and (3) the relief or action sought. Prohibits a prospective plaintiff from filing a year 2000 claim in Federal or state court until the expiration of 90 days after providing such notice, with exceptions. Requires each prospective defendant, within 30 days after receipt of the notice, to provide each prospective plaintiff a written statement that acknowledges receipt of the notice and describes any actions that the defendant will take, or has taken, to address the defect or injury identified. Sets forth provisions regarding failure to respond, failure to provide notice, effective contractual waiting periods, sanctions for frivolous invocation of the stay provision, and time computations. (Sec. 102) Authorizes either party, at any time during the 90-day notification period, to request the other party to use alternative dispute resolution. Provides that if, based upon that request, the parties enter into an agreement to use alternative dispute resolution, the parties may also agree to an extension of that 90-day period. (Sec. 103) Requires the complaint, in any year 2000 civil action in which the plaintiff seeks an award of money damages, to state with particularity: (1) the nature and amount of each element of damages; and (2) the factual basis for the calculation of the damages. Requires the complaint, in any year 2000 civil action in which the plaintiff alleges the product or service was defective, to: (1) identify with particularity the manifestations of the material defects; and (2) state with particularity the facts supporting the conclusion that the defects were material. Sets forth provisions regarding state of mind, dismissal for failure to meet pleading requirements, stay of discovery, and preservation of evidence. (Sec. 104) Bars recovery for any year 2000 claim on account of injury that the plaintiff could reasonably have avoided in light of any disclosure or other information with respect to which the plaintiff was, or reasonably should have been, aware. Directs that the damages awarded for any such claim exclude any amount that the plaintiff reasonably could have avoided. Title II: Year 2000 Civil Actions Involving Contracts - Provides that all written contractual terms, including limitations or exclusions of liability or disclaimers of warranty, shall be fully enforceable in resolving a claim in any action in which a year 2000 claim is advanced. Specifies that the interpretation of an issue in a contract with respect to which the contract is silent shall be determined by applicable law in effect at the time that the contract was entered into. Makes this provision inapplicable in any case in which a court determines that the contract as a whole is unenforceable due to an infirmity in the formation of the contract under then applicable law. (Sec. 202) Sets forth provisions regarding evidence of reasonable efforts and impossibility or commercial impracticability. Title III: Year 2000 Civil Actions Involving Tort and Other Noncontractual Claims - Makes a person against whom a final judgment is entered on a year 2000 claim solely liable for the portion of the judgment that corresponds to the percentage of that person's responsibility, with exceptions. Directs the court to instruct the jury to answer special interrogatories (or if there is no jury, to make findings as to each defendant and plaintiff and each of the other persons claimed to have caused or contributed to the plaintiff's loss) concerning the percentage of that person's responsibility, measured as a percentage of the total fault of all persons who caused or contributed to the total loss incurred by the plaintiff. (Sec. 302) Sets forth provisions regarding: (1) state of mind and foreseeability of injury; (2) a reasonable efforts defense; and (3) limits on economic losses. Title IV: Class Actions Involving Year 2000 Claims - Provides that, in any action involving a year 2000 claim that a product or service is defective, the action may be maintained as a class action in Federal or State court with respect to that claim only if: (1) the claim satisfies all other prerequisites established by applicable Federal or State law; and (2) the court finds that the alleged defect in the product or service was a material defect with respect to a majority of the class members. Title V: Effective Date - Makes this Act effective January 1, 1999.
United States · United States Congress · 24 March 1999
Amends the Older Americans Act of 1965 to replace the program for in-home services for frail older individuals with a national family caregiver support program consisting of: (1) a State grant program of support for families and other informal providers of in-home and community care to older individuals; (2) a grant program to foster development of innovative approaches to caregiving (including minority and distant caregivers), as well as to linking family support programs with the State entity or agency that administers or funds programs for persons with mental retardation or related developmental disabilities and their families; and (3) grants or contracts for related activities of national significance. Authorizes appropriations. Makes unused State grant program funds available for reallotment.
United States · United States Congress · 24 March 1999
Establishes the National Museum of Women's History Advisory Committee. Directs the Advisory Committee to study matters relating to: (1) a site for the Museum in Washington, D.C.; (2) a business plan for the Museum's creation and maintenance, to be funded solely through private contributions; and (3) assisting the Museum's collection and programs. Directs the Secretary of the Interior to provide administrative services, facilities, support, and funds for the performance of the Advisory Committee's duties.
United States · United States Congress · 24 March 1999
Expresses support for the U.S. military personnel who are engaged in military operations against the Federal Republic of Yugoslavia and recognizes their professionalism, dedication, patriotism, and courage.
United States · United States Congress · 23 March 1999
Amends the Internal Revenue Code to: (1) permanently extend the credit for increasing research activities; and (2) increase the incremental rates for the alternative research credit.
United States · United States Congress · 23 March 1999
Congratulates: (1) the Government and the people of the Republic of El Salvador for the successful completion of democratic multiparty elections held on March 7, 1999, for President and Vice President; (2) President-elect Francisco Guillermo Flores Perez and Vice President-elect Carlos Quintanilla Schmidt on their recent victory and their continued commitment to democracy, national reconciliation, and reconstruction; and (3) El Salvadoran President Armando Calderon Sol for his personal commitment to democracy. Commends all Salvadoran citizens and political parties for their efforts to work together to take risks for democracy and to pursue national reconciliation. Supports Salvadoran attempts to continue their cooperation. Reaffirms the U.S. commitment to democracy and peaceful development throughout Central America.
United States · United States Congress · 19 March 1999
Amends the Internal Revenue Code to provide that the exclusion of State or local government foster care payments from the gross income of foster care providers shall also apply to payments by qualifying placement agencies.
United States · United States Congress · 18 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
United States · United States Congress · 18 March 1999
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a qualified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which may be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 18 March 1999
Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.
United States · United States Congress · 17 March 1999
Consumer Credit Act of 1999 - Amends the Truth in Lending Act to mandate that: (1) monthly billing statements for an open end consumer credit plan include specified repayment information, including the number of months it would take to pay the balance and the total cost if the consumer pays only the required minimum payment; (2) certain written disclosures be furnished to the consumer at the time of purchase if the creditor of an open end consumer credit plan obtains a security interest in personal property purchased under such plan; and (3) the Board of Governors of the Federal Reserve System (the Board) publish the pertinent model disclosure forms. Requires: (1) creditors making advances under an open end credit plan to annually report certain loan data to the Board; and (2) the Board to compile such data and submit it to certain congressional committees annually. Amends Federal bankruptcy law to permit the discharge in bankruptcy of an individual debt if the creditor has not made the requisite disclosures under this Act. Sanctions the reaffirmation of a dischargeable debt if the reaffirmation agreement contains such disclosures.
United States · United States Congress · 17 March 1999
Recognizes the historic significance of the first anniversary of the Good Friday Peace Agreement. Salutes British Prime Minister Tony Blair and Irish Taoiseach Bertie Ahern and the elected representatives of the political parties in Northern Ireland for creating the opportunity for a negotiated peace. Commends former Senator George Mitchell for his leadership on behalf of the United States in guiding the parties toward peace. Congratulates the people of the Republic of Ireland and Northern Ireland for their commitment to work together in peace. Reaffirms the bonds of friendship and cooperation that exist between the United States and the Governments of the Republic of Ireland and the United Kingdom. Encourages all parties to move forward to implement the Agreement.
United States · United States Congress · 16 March 1999
Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations. Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations.
United States · United States Congress · 16 March 1999
Hate Crimes Prevention Act of 1999 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; or (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of, and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for, adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Office of Justice Programs of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations, including programs to train local law enforcement officers in investigating, prosecuting, and preventing hate crimes. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 16 March 1999
Printed Circuit Investment Act of 1999 - Amends the Internal Revenue Code to classify as three-year depreciable property any printed wiring board or printed wiring assembly equipment.
United States · United States Congress · 16 March 1999
Immunosuppressive Drugs Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the time limitation on Medicare benefits for immunosuppressive drugs under the Medicare program; (2) continue the entitlement of certain individuals to payments for such drugs after Medicare benefits end; and (3) extend without time limitation certain Medicare secondary payer requirements with regard to such drugs for individuals with end stage renal disease.
United States · United States Congress · 16 March 1999
Children's Health Insurance Accountability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to establish standards for the health quality improvement of children in managed care plans and other health plans. (Sec. 4) Directs the Secretary of Health and Human Services to study and report to Congress on: (1) the unique characteristics of patterns of illness, disability, and injury in children; (2) the development of measures of quality of care and outcomes related to the health care of children; and (3) the access of children to primary mental health services and the coordination of managed behavioral health services. Requires the General Accounting Office (GAO) to study and report to specified congressional committees on: (1) an assessment of the structure and performance of non-governmental health plans, Medicaid managed care organizations, and specified plans and programs under the Social Security Act, serving the needs of children with special health care needs; (2) an assessment of the structure and performance of non-governmental plans in serving the needs of children as compared to Medicaid managed care organizations; and (3) the emphasis that private managed care health plans place on primary care and the control of services as it relates to care and services provided to children with special health care needs. Requires GAO to submit to specified congressional committees a report containing a survey of health plan activities that address the unique health needs of adolescents, including quality measures for adolescents and innovative practice arrangement.
United States · United States Congress · 16 March 1999
Commends U.S. Senator J. Robert Kerrey of Nebraska, on the 30th anniversary of the events giving rise to his receiving the Medal of Honor, for service to the United States.
United States · United States Congress · 11 March 1999
Amends the Foreign Assistance Act of 1961 to declare that certain annual certifications made to Congress that allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance provided certain conditions are met shall not apply to such countries if the President determines that: (1) such countries are a party to a bilateral agreement that calls for the control of illicit drugs; and (2) progress is being made in accordance with the agreement with respect to the control of illicit drugs.
United States · United States Congress · 10 March 1999
Silk Road Strategy Act of 1999 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, border control, and democracy building assistance to the South Caucasus and Central Asia countries to: (1) promote sovereignty, independence with democratic government, and respect for human rights; (2) assist in the resolution of regional conflicts and facilitate the removal of impediments to cross-border commerce; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, education, health, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflicts in the South Caucasus and Central Asia. Prohibits, with specified exceptions, assistance to the governments of the South Caucasus and Central Asia if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have knowingly transferred controlled missiles or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (3) have repeatedly supported acts of international terrorism; or (4) are prohibited from receiving such assistance by specified Acts. Amends the Freedom Support Act to waive the restriction on assistance to Azerbaijan if the President certifies to Congress that such restriction would not be in the national interest of the United States.
United States · United States Congress · 10 March 1999
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Criminal Provisions Subtitle B: Civil Sanctions Title IV: Miscellaneous Health Care Personal Information Nondisclosure Act of 1999 - Health Care PIN Act - Title I: Individual's Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires specified parties to permit an individual who is the subject of protected health information to inspect, copy, and request amendment of the information (or, if amendment is refused, to append the individual's disagreement statement). (The list of specified parties varies from provision to provision throughout this Act. The list includes, in various provisions, such individuals and entities as health care providers, health plans, health researchers, health oversight agencies, public health authorities, employers, law enforcement officials, health or life insurers, schools, universities, and their agents.) Requires specified parties to post or provide notice of confidentiality practices. Mandates development of model notices. Subtitle B: Establishment of Safeguards - Requires specified parties to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires specified parties to maintain a disclosure record. Title II: Restrictions on Use and Disclosure - Prohibits specified parties from disclosing protected health information except as authorized under this title. Allows disclosure within such a party. (Sec. 202) Requires: (1) a single authorization form for each individual for disclosure in connection with treatment, payment, and health care operations; and (2) a separate authorization for other purposes, including for disclosure with intent to sell, transfer, or use protected health information for commercial advantage. States that records of an individual's authorizations and revocations shall not be protected health information under this Act. Mandates disclosure to coroners and medical examiners. Requires development of model authorizations for circumstances other than treatment, payment and health care operations. (Sec. 204) Allows and regulates disclosure: (1) to next of kin (or another person identified by the information subject); (2) of directory information; (3) regarding a deceased individual; (4) in emergencies; (5) for oversight, public health, or health research; (6) in civil, judicial, and administrative procedures; and (7) for law enforcement. Sets forth the rights of minors. (Sec. 211) Mandates reporting, by code number rather than patient name, of adverse experiences regarding human drugs and licensed biological products. (Sec. 212) Allows disclosure, if an individual pays for health care using a debit or credit card or other electronic means, of only such information as is necessary for the processing of the payment transaction or the billing or collection of amounts. (Sec. 213) Mandates standards for disclosing, authorizing, and authenticating protected health information in electronic form. (Sec. 214) Regulates the exercise of an information subject's rights by that individual's representatives, including after death. (Sec. 215) Declares that: (1) Federal and State law enforcement officers shall not be personally liable for violations of this Act absent intentional conduct for commercial advantage, personal gain, or malicious harm; and (2) specified parties who make a disclosure permitted by this Act shall not be liable under common law. Title III: Sanctions - Subtitle A: Criminal Provisions - Amends the Federal criminal code to impose criminal penalties for knowingly and intentionally obtaining, using, or disclosing protected health information in violation of title II of this Act. Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers of such parties are found guilty of criminal acts under this Act, have civil penalties imposed under subtitle B, or make false statements or obstruct justice regarding illegal disclosure. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Subtitle B: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Secretary of Health and Human Services determines a party has substantially and materially failed to comply with this Act. (Sec. 314) Allows any individual whose rights under this Act have been knowingly or negligently violated to bring a civil action to recover preliminary and equitable relief, compensatory (or specified liquidated) damages, punitive damages (for knowing violations), and attorney's fees. Sets a time limit for the commencement of actions. Title IV: Miscellaneous - Preempts, with exceptions, any State law enacted after the effective date of this Act relating to the privacy of protected health information. Amends the Privacy Act of 1974 to require an agency that receives protected health information to promulgate rules to exempt a system of records within the agency from all but specified provisions of that Act. Provides for the application of this Act to the Departments of Defense, Transportation (regarding the Coast Guard), and Veterans Affairs.
United States · United States Congress · 8 March 1999
Class Size Reduction and Teacher Quality Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. Authorizes appropriations. Sets forth program requirements for: (1) allotments to States; (2) within-State allocations; (3) local uses of funds; and (4) cost-sharing.
United States · United States Congress · 4 March 1999
Expresses the condolences of the House of Representatives on the death of the Honorable Morris King Udall, a former Representative from the State of Arizona.
United States · United States Congress · 3 March 1999
Beaches Environmental Assessment, Closure, and Health Act of 1999 - Amends the Federal Water Pollution Control Act to require States to adopt water quality criteria for coastal recreation waters consistent with criteria published by the Administrator of the Environmental Protection Agency under such Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks from inhalation, ingestion, or body contact, including effects to the upper respiratory system; (2) appropriate and effective indicators and appropriate, accurate, and expeditious methods for detecting the presence of pathogens in coastal recreational waters; and (3) guidance for State-to-State application of the revised water quality criteria for pathogens required to be issued by the Administrator under this Act that accounts for the diversity of geographic and aquatic conditions nationwide. Directs the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters and beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments, the public, and the Administrator of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and notification programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Directs the Administrator to: (1) provide technical assistance to States for uniform assessment and monitoring procedures for floatable materials in such waters; (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety; and (3) establish a national coastal recreation water pollution occurrence database and a listing of communities complying with the monitoring and notification regulations published pursuant to this Act. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.
United States · United States Congress · 3 March 1999
Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise provisions for the National Writing Project (NWP). Increases the maximum amount for any one contractor under limits on the Federal share of NWP teacher training programs. Repeals the classroom teacher grants program under NWP. Increases and extends through FY 2004 the authorization of appropriations for NWP.
United States · United States Congress · 2 March 1999
Amends the Peace Corps Act to authorize appropriations for FY 2000 through 2003 for the Peace Corps. Authorizes the use of such funds for, among other things, the transportation of Peace Corps employees, Peace Corps volunteers, dependents of such employees and volunteers, and accompanying baggage, by a foreign air carrier when the transportation is between two places outside the United States.
United States · United States Congress · 2 March 1999
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to: (1) make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities to public or nonprofit private entities; (2) establish up to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology, through grants or cooperative agreements, for purposes of collecting and analyzing information on autism and developmental disabilities; (3) establish a clearinghouse within the Center for the collection and storage of data generated from the monitoring programs created by this Act; and (4) coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters. Authorizes appropriations. Requires the Secretary to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations. Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism.
United States · United States Congress · 25 February 1999
Bring Them Home Alive Act of 1999 - Directs the Attorney General to grant refugee status in the United States to any alien (and the parent, spouse, and child of such) who: (1) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (2) personally delivers into U.S. custody a living American Vietnam War POW or MIA. Requires the granting of the same status to any alien (and parent, spouse, and child) who is a national of North Korea, China, or any of the independent states of the former Soviet Union and who personally delivers a living American Korean War POW or MIA. Directs the International Broadcasting Bureau to broadcast to such foreign countries information that promotes such refugee programs. Requires: (1) a minimum level of such broadcasting; and (2) the Bureau to ensure that such information is made available on the Internet. Expresses the sense of the Congress that RFE-RL, Inc., Radio Free Asia, and any other recipient of Federal grants that broadcasts to such countries should also broadcast such information.
United States · United States Congress · 25 February 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 the specified effects of this Act for a report to Congress.
United States · United States Congress · 25 February 1999
Urges the President and the Secretary of State to give high priority to aiding in the resolution of the conflict in Sierra Leone and to bringing stability to West Africa. Condemns: (1) atrocities committed by the Armed Forces Revolutionary Council (AFRC) and the Revolutionary United Front (RUF) throughout the conflict; and (2) specified external actors for contributing to the cycle of violence by providing assistance to AFRC or RUF. Supports: (1) continued efforts by the regional peacekeeping force, the Economic Community Monitoring Group (ECOMOG), to restore peace and security and to defend the democratically elected Government of Sierra Leone; (2) appropriate U.S. logistical, medical, and political support for ECOMOG; and (3) the people of Sierra Leone in their quest for a democratic, prosperous, and reconciled society. Recognizes that basic improvements in ECOMOG's performance regarding human rights and personnel management would improve its effectiveness. Calls for: (1) an immediate cessation of hostilities and respect for human rights; and (2) all members of the conflict to engage in dialogue to bring about a long-term solution.
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