United States · United States Congress · 5 August 1999
Superfund Amendments and Reauthorization Act of 1999 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish programs to provide grants to eligible entities (including local government units, redevelopment agencies, States, and Indian tribes) for site characterization and assessment of, and performance of response actions at, brownfields facilities. Defines a "brownfield facility," with exceptions, as real property, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance, including property contaminated with a controlled substance or precursor chemical to such a substance. (Sec. 102) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. Absolves such persons of liability as owners or operators, subject to certain conditions. Requires the President to delist up to 20 individual parcels of real property from the National Priorities List (NPL) annually in order to conform with amendments that exclude from the NPL properties at which no release has occurred but to which a hazardous substance has migrated. (Sec. 103) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of provisions limiting liability of fiduciaries and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 104) Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person establishes that inquiries were undertaken in accordance with specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator). Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity. Title II: State Response Programs - Adds CERCLA provisions requiring the Administrator to provide grants to States to establish and expand qualifying State response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases subject to a State response plan. Authorizes the President to bring enforcement actions in certain instances, including cases where a State requests assistance or is unable to conduct a response action or there is a public health or environmental emergency or migration of contamination across State lines. Authorizes the President, if a State is unwilling or unable to take action to address a health or environmental emergency, to require the State to reimburse the Hazardous Substance Superfund (Superfund) for response costs incurred by the United States, with exceptions. (Sec. 202) Replaces provisions regarding the revision of the National Contingency Plan with those requiring the President to complete the evaluation of facilities classified as awaiting an NPL decision to determine the risk to public health or welfare or the environment posed by each facility as compared with other facilities. Prohibits additions to the NPL without concurrence from the Governor of the State in which the affected facility is located. Directs the Administrator, from amounts appropriated under CERCLA, to fund a cooperative agreement for an independent analysis of the projected ten-year costs for the implementation of the Superfund program. (Sec. 203) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $5 million (currently, $2 million) has been obligated or three years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 204) Revises conditions for State financial and other assurances with respect to remedial actions to prohibit the Administrator from providing any funding for such actions unless the State enters into an agreement that provides assurances for State payment of ten percent of the costs of the action and operation and maintenance costs. Permits the Administrator to require a State contribution of 50 percent of the costs of any sums expended in response to a release at a facility that was operated by a State or political subdivision at the time of any disposal of hazardous substances. Title III: Fair Share Liability Allocations and Protections - Creates exceptions to liability for response costs at NPL-listed facilities for certain: (1) home owners or renters, small businesses, or small nonprofit organizations with respect to certain arrangements for, or transport of, municipal solid waste (MSW) or sewage sludge; (2) de micromis contributors; and (3) small businesses. Establishes limitations to liability for certain codisposal landfills (certain MSW or sewage sludge landfills that may have received hazardous waste and that contain predominately MSW or sewage sludge transported from outside the facility). Provides for settlements with certain parties whose liability is based on arrangement, transport, or acceptance provisions with respect to MSW or sewage sludge at NPL facilities. Absolves persons (other than owners or operators) who arranged for the recycling of, or transported, recyclable material from liability for environmental response actions. Excludes from the definition of "recyclable material" certain shipping containers having hazardous substances and any material containing polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Considers transactions involving recyclable material that consists of used oil to be arranging for recycling if the person involved did not mix such material with a hazardous substance following the removal of the oil from service and demonstrates that the material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product or: (1) demonstrates that the material (or product to be made from the material) could have been a replacement for a virgin raw material; (2) demonstrates that, with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; and (3) was in compliance with regulations or standards for the management of used oil under the Solid Waste Disposal Act. Exempts from liability certain railroad owners or operators of spur tracks whose tracks meet specified conditions and who did not cause or contribute to the release concerned. Limits liability for certain organizations that hold title to a vessel or facility as a result of a charitable gift. (Sec. 302) Adds to the list of parties eligible for expedited final settlements certain persons, small businesses, or municipalities that demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. (Sec. 303) Requires the President to initiate an impartial fair share allocation, conducted by a neutral third party at NPL facilities if: (1) there is more than one potentially responsible party (PRP) that is not eligible for specified exemptions or limitations to liability, eligible for an expedited final settlement, or insolvent, bankrupt, or defunct; and (2) at least one of the PRPs agrees to bear the costs of the allocation under conditions prescribed by the President. Requires the allocator to estimate the fair share of each PRP using specified equitable factors. Includes within such allocations response costs at NPL facilities that are not addressed in an administrative settlement or settlement or judgment approved by a Federal district court. Authorizes a party to settle any liability to the United States for response costs for its allocated fair share. Authorizes the President and the Attorney General to jointly reject an allocation report under certain conditions. Allocates shares attributable to insolvent, defunct, or bankrupt parties, or unattributable shares, among responsible parties, except certain parties with limited liability described by this Act. Sets forth provisions regarding orphan shares. Stays all contribution and cost recovery actions against parties eligible for expedited final settlements and those eligible for settlements based on certain limitations on liability with respect to the arrangement of MSW and sewage sludge until the Administrator offers a settlement. Suspends any statute of limitations applicable to such actions during the period that a stay is in effect. Bars the President from issuing orders with respect to abatement actions at a facility to any non-Federal party or commencing or maintaining any new or existing action to recover response costs if he fails to fund a statutory orphan share, reimburse a party, or include an orphan share estimate in any settlement when required to do so. Declares that settlements under allocation provisions, those regarding expedited final settlements, and settlements for parties with limited liability with respect to the arrangement of MSW and sewage sludge shall provide complete protection from all claims for contribution or cost recovery for response costs addressed in the settlement. Authorizes a party to retain the right to seek cost recovery or contribution for costs outside the scope of an allocation except from certain parties with limited liability described by this Act or those who have settled. Makes persons who commence contribution actions against parties who are not liable or who have resolved liability liable to such persons for all reasonable costs of defending the action. Provides that parties that settle liability under allocation provisions or provisions regarding expedited final settlements or limited liability with respect to the arrangement of MSW or sewage sludge waive rights to seek cost recovery or contribution. Authorizes the President, as a condition of a settlement under allocation provisions or those regarding limited liability for the arrangement of MSW or sewage sludge, to require parties to conduct a response action. Requires the President to reimburse such parties for costs incurred in excess of a party's allocated fair share. Bars a court from approving any settlement under this Act unless it includes an estimate of the statutory orphan share that is fair, reasonable, and consistent. Title IV: Remedy Selection and Natural Resource Damages - Revises provisions regarding selection of remedial actions to require the selection process to include, for any discrete area containing a principal hazardous constituent of a hazardous substance that poses a substantial health or environmental risk because of high toxicity or mobility, a preference for an action that includes treatment that reduces the risk. Authorizes the President, with respect to such a discrete area, to select a final containment remedy at a landfill, mining site, or similar facility under certain conditions. Requires remedial actions to require a level or standard of control for each hazardous substance that at least attains the substantive requirements of all promulgated standards under: (1) each Federal environmental law legally applicable to the action or to the level of cleanup for the substance concerned; (2) any more stringent and legally applicable State environmental or facility siting law that the State demonstrates is of general applicability, is identified to the President as being applicable, and has consistently applied to other remedial actions in the State; and (3) any such State law promulgated after this Act's enactment. Sets forth conditions under which the President may select a remedial action that does not attain such level or standard of control. Requires a remedial action, if no applicable Federal or State standard is established for a specific hazardous substance, to attain a standard protective of human health and the environment. (Sec. 402) Directs the President, in selecting a remedial action, to conduct and utilize a facility-specific risk evaluation. Describes requirements for, and uses of, such evaluations. (Sec. 403) Revises provisions regarding natural resource damages to permit the measure of such damages to include only the reasonable costs of: (1) restoring, replacing, or acquiring the equivalent of an injured, destroyed, or lost natural resource to reinstate its human uses and environmental functions; (2) providing an equivalent resource during the period of any interim lost use to the extent that a substitute is not reasonably available; and (3) assessing the damages. (Sec. 404) Prohibits double recovery for natural resource damages under CERCLA and other laws. Title V: Funding - Revises provisions regarding uses of Superfund. Requires the President to use amounts appropriated out of Superfund only to: (1) enter into mixed funding agreements; (2) reimburse a party for response costs incurred in excess of the allocated share as described in a final settlement; and (3) perform response actions. Authorizes appropriations from Superfund for FY 2000 through 2004. Prohibits claims against Superfund from being valid or paid in excess of the total amount in Superfund at any one time. Authorizes appropriations for: (1) the Agency for Toxic Substances and Disease Registry for health assessments and consultations and related activities; (2) hazardous substance research, demonstration, and training; (3) brownfields grant programs; (4) qualifying State response programs; and (5) the Department of Justice for enforcement.
United States · United States Congress · 5 August 1999
Commends the veterans of service in the United States Army who fought during World War II in the German Ardennes offensive known as the Battle of the Bulge. Honors those who gave their lives during that battle. Authorizes the President to issue a proclamation calling upon the people of the United States to honor the veterans of the Battle of the Bulge with appropriate programs, ceremonies, and activities. Calls upon the President to reaffirm the bonds of friendship between the United States and Belgium.
United States · United States Congress · 5 August 1999
Expresses: (1) profound appreciation for the service of Captain Jose A. Santiago, Captain Jennifer J. Odem, Chief Warrant Officer, W-2, Thomas G. Moore, Private First Class T. Bruce Cluff, and Private First Class Ray E. Krueger, all of the United States Army, who lost their lives in service of their country during an antidrug mission in Colombia; (2) condolences to the families and loves ones of the U.S. and Colombian personnel killed during that mission; and (3) gratitude to all members of the U.S. armed forces who fight the scourge of illegal drugs and protect the security and well-being of all people of the United States through their detection and monitoring of illicit production and trafficking of illicit narcotics. Urges U.S. and Colombian officials to take all practicable measures to recover the remains of the victims and to fully inform the family members of the circumstances of the accident which cost their lives.
United States · United States Congress · 4 August 1999
Cardiac Arrest Survival Act of 1999 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) assist in providing for an improvement in the survival rates of individuals who experience cardiac arrest in Federal buildings by publishing in the Federal Register for public comment recommendations with respect to placing automatic external defibrillators in such buildings; and (2) assist Federal agencies in implementing programs for such placement. Requires the Secretary to determine criteria for: (1) the selection of the Federal public buildings in which defibrillators should be placed; (2) defibrillator maintenance; and (3) the coordination of the use of the defibrillators in public buildings with emergency medical services providers for the geographic areas in which the buildings are located. Provides that any person who provides emergency medical care through the use of a defibrillator, any person who maintained, tested, or provided training in the use of the device, any physician who provided medical oversight of the device, and the person who acquired the device (if specified conditions have been met) is immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, unless the person engaged in gross negligence or willful or wanton misconduct under the applicable circumstances.
United States · United States Congress · 30 July 1999
United States Capitol Visitor Center Commemorative Coin Act of 1999 - Directs the Secretary of the Treasury to issue ten-dollar bimetallic coins, one-dollar silver coins, half-dollar clad coins, and if the Secretary determines that the minting and issuance of bimetallic coins is not feasible, five-dollar gold coins emblematic of the first meeting of the United States Congress in the U.S. Capitol Building. Mandates that all surcharges received from the coin sales be deposited in the Capitol Preservation Fund and made available to the U.S. Capitol Preservation Commission to aid in the construction, maintenance, and preservation of a Capitol Visitor Center.
United States · United States Congress · 29 July 1999
Regulatory Openness and Fairness Act of 1999 - Title I: Issuance and Continuation of Tolerances - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to apply the requirements of this paragraph to any proposed or final rule, order, notice, report, guidance document, or risk assessment (document) based on any review or reassessment by the Administrator of the Environmental Protection Agency (EPA) of a tolerance or of the uses of a pesticide chemical for which a tolerance is in effect (except when the Administrator finds or recommends that no adverse action regarding a tolerance is required) issued after 1998 and before the completion of the review of tolerances mandated by current law. Requires the Administrator to conduct a transition analysis before any such document is issued and to include with the document a report (with specified contents) on the analysis. Defines "tolerance," for this paragraph and the next paragraph, to mean a tolerance for a pesticide chemical residue, or an exemption from the requirement of such a tolerance, established under specified FDCA provisions. (Sec. 102) Applies this paragraph to any review or reassessment by the Administrator of a tolerance (initiated by the Administrator or by petition) or of any registration of a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) associated with that tolerance review issued after 1998 and before the completion of the review of tolerances mandated by current law. Prohibits the Administrator, notwithstanding any other provision of law, from basing an adverse action regarding a tolerance or registration on any information, calculation, or assumption described under specified provisions of this Act. (Sec. 103) Directs the Administrator, in implementing provisions regarding pesticide chemical residue tolerances (as amended by this Act), to issue rules and guidance, including guidance regarding aggregate pesticide chemical exposure and cumulative effects of exposure to two or more chemicals having a common toxicity mechanism. (Sec. 104) Directs the Administrator to issue guidelines specifying the kinds of information that will be required to support the issuance or continuation of a tolerance or a tolerance exemption. Requires the guidelines to specify the conditions under which data requirements will apply to particular types of pesticide chemical residues. Amends the FDCA and FIFRA to mandate notice and an opportunity to comment. (Sec. 105) Amends FIFRA to require the Administrator to expedite the review of a pesticide registration or amended registration, an experimental use permit, or an emergency exemption in specified circumstances. Amends the FDCA to require the Administrator to give priority to petitions to establish or modify a tolerance or exemption that is needed in connection with an application under specified FIFRA provisions for approval of an effective and economic alternative. Authorizes establishment of a tolerance associated with an emergency exemption without regard to other tolerances and before reviewing those other tolerances if the Administrator finds that any incremental exposure that may result will not pose any significant risk to food consumers. Title II: Studies and Reports - Defines "tolerance," for this title, to mean a tolerance for a pesticide chemical residue, or an exemption from the requirement of such a tolerance, established under specified FDCA provisions. (Sec. 202) Directs the Administrator to prepare a proposal for revising the priorities of and resources available to the Administrator that will allow the Administrator to: (1) process promptly all FIFRA pesticide registration applications, FDCA tolerance petitions, experimental use permits requests, new inert ingredient approval requests, emergency exemption requests, and requests for decisions on the merits of those applications, petitions, and requests; and (2) perform tolerance reviews and other duties regarding pesticide chemicals under the FDCA and FIFRA. Directs the Secretary of Agriculture to prepare a proposal for revising the priorities of and resources available to the Secretary that will allow the Secretary to: (1) obtain and provide to the Administrator adequate and timely information on food consumption, pesticide residues in or on food and drinking water, and pesticide use; (2) review actions proposed by the Administrator under the FDCA and FIFRA; and (3) perform other duties regarding pesticide regulation. Directs the Administrator and the Secretary to report to Congress on those proposals. (Sec. 203) Directs the Secretary to establish and administer a program to continuously assess the strength of major U.S. agricultural commodities and products in the international marketplace, including regarding the sustainability and competitive strength of each commodity and product in that marketplace and the relationship of those factors to regulatory actions under the FDCA and FIFRA. Mandates periodic reports to specified congressional committees. (Sec. 204) Establishes the Pesticide Advisory Committee to: (1) provide advice to the Administrator and the Secretary regarding implementation of specified FDCA and FIFRA provisions; (2) foster communication between the Administrator, the Secretary, and interested organizations; and (3) carry out the functions performed by the Tolerance Reassessment Advisory Committee. Makes inapplicable to the Pesticide Advisory Committee provisions of the Federal Advisory Committee Act mandating the termination of any advisory committee two years after the committee is established.
United States · United States Congress · 28 July 1999
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council. Revises related fee provisions to: (1) apply such fees to manufactured home manufacturers (currently fees apply to manufacturers, distributors, and dealers); and (2) establish in the Treasury the Manufactured Housing Fees Trust Fund.
United States · United States Congress · 28 July 1999
Amends the Food Security Act to extend the wetlands reserve program. Replaces the total program acreage limitation with an annual acreage enrollment limitation through FY 2005. Includes within program eligibility land that: (1) is suitable for wetland functions; (2) would contribute to habitat objectives of the North American Waterfowl Management Plan; or (3) has not historically been wetlands. Authorizes program related cooperative agreements for goods and services.
United States · United States Congress · 27 July 1999
Amends the Internal Revenue Code to permit a second or third advance refunding of bonds if the original bond was issued to finance governmental facilities used for essential government functions.
United States · United States Congress · 20 July 1999
Directs the Secretary of the Army to submit annually to Congress an estimate of the funds required in the next fiscal year to cover any overhead costs at factories and arsenals owned by the United States that are unused or underused due to low Army production requirements.
United States · United States Congress · 19 July 1999
Calls upon the Senate, when it adjourns on July 19, 1999, to do so as a further mark of respect for the grieving families of John F. Kennedy, Jr., Carolyn Bessette Kennedy, and Lauren Bessette.
United States · United States Congress · 13 July 1999
Natural Disaster Protection and Insurance Act of 1999 - Amends the Earthquake Hazards Reduction Act of 1977 (the Act) to provide for an expanded Federal program of hazard mitigation, relief, and natural disaster insurance. (Sec. 6) Requires each State to either: (1) develop a statewide strategic mitigation plan (plan) to reduce hazards of future natural disasters; or (2) designate a plan in effect at the time as the applicable plan. Outlines required plan elements, including: (1) ensuring that structures in hazard-prone areas are built with hazard mitigation techniques; and (2) improving the capabilities of emergency response teams to natural disasters. Requires the Director of the Federal Emergency Management Agency to review and approve a plan if it contains the required elements. Requires such plans to be submitted to the Director within two years after enactment of this Act. Outlines procedures regarding plan implementation, plan updates, and noncompliance with plan requirements (including an opportunity to cure). Denies hazard mitigation funds for any State which is still non-compliant 180 days after receiving from the Director notification of noncompliance. Authorizes the Director to allocate funds to States from the Natural Disaster Protection Fund, according to a pro rata formula based on reinsurance coverage premiums. Requires States to use allocated funds to support specified natural disaster hazard mitigation activities. Requires the Director, at least once every three years, to evaluate each State's progress in implementing its plan, and to base future allotments on such evaluation. Directs the Comptroller General to: (1) conduct a study to identify all Federal programs that provide assistance for public facilities and lifelines; and (2) report to Congress on study results. Authorizes appropriations. (Sec. 7) Directs the Secretary of the Treasury to grant loans to a private, non-governmental, and nonprofit membership corporation to be known as the Natural Disaster Insurance Corporation. Requires the Corporation to provide reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, tsunamis, windstorms, and wildfires. Requires Corporation members to own shares in the Corporation and to consist of private insurers and State insurance pools that purchase the reinsurance coverage provided by the Corporation. Outlines Corporation administrative procedures, including: (1) the naming of a Corporation administrator; (2) loans for start-up costs; and (3) the election of a Board of Directors. Requires the Corporation to develop a plan of operation describing Corporation administration and the provision of insurance coverages. Directs the Natural Disaster Insurance Board of Actuaries to review and approve such plan and any amendments thereto. Requires the Board of Directors to report annually to Corporation members and the Independent Board of Actuaries on Corporation operations. Directs the Corporation to carry out a program to make reinsurance coverage available through contracts for such coverage for purchase only: (1) by eligible State programs; and (2) through auctions. Requires each contract to provide insurance coverage against residential property losses to homes and the contents of apartment buildings and to cover all the natural disasters named above. Makes a program eligible to purchase an insurance or reinsurance contract under this section only if such program is a State-operated program that meets specified requirements, including: (1) the offering of residential property and apartment content coverage; and (2) mitigation provisions that require not less than ten percent of the net investment income of the State insurance or reinsurance program to be used to mitigate losses from natural disasters for which the State program was established. Outlines coverage requirements and contract terms and conditions. Directs the Corporation to carry out a program to auction on a regional basis contracts for reinsurance coverage to private insurers and reinsurers, State insurance and reinsurance programs, and other interested entities. Requires the Corporation, in such auction, to set a reserve price as the lowest price for that contract, to be determined based upon specified factors such as risk and administrative costs. Provides auction contract terms and conditions. Requires the Corporation, in making reinsurance coverage available, to provide a conditional minimum level of retained losses (similar to a deductible) and a maximum level of Federal liability for losses from a single covered event. Establishes the Independent Natural Disaster Board of Actuaries to review and approve the Corporation plan of operation and to advise the Corporation regarding the estimated loss costs associated with the contracts for reinsurance coverage and carrying out Corporation functions. Requires the Corporation, within 15 months after enactment of this Act, to submit to the Independent Board a draft plan of operation. Provides for plan approval (with an opportunity to cure if disapproved) and plan amendments. Requires the Independent Board to prepare and submit to the Secretary a report on its findings regarding such plan. Requires the Corporation Board of Directors to submit to the Independent Board for approval proposed prices and reserve prices for reinsurance contracts issued by the Corporation. Provides for Independent Board approval of such prices (with an opportunity to cure if not immediately approved). Directs the Corporation to establish and maintain a Reinsurance Coverage Trust Account to: (1) hold funds collected from insurance payments and investments; and (2) pay claims to entities that have purchased reinsurance coverage. Directs the Secretary to provide direct loans to such Account to the extent that accumulated assets are insufficient to pay reinsurance claims and expenses. Requires recoupment from the Corporation of such direct loans and interest. Prohibits any Federal funds from being authorized or appropriated to fund any Corporation activity. Directs the Comptroller General, every three years, to conduct audits of activities of the Corporation and the Independent Board. Requires audit results to be submitted to Congress. (Sec. 8) Establishes in the Treasury the Natural Disaster Protection Fund and establishes in such Fund a Private Loss Account and a Mitigation Account. Requires the Private Loss Account to be used to provide direct Federal loans to cover shortfalls in the Corporation's reinsurance account. Requires the Mitigation Account to support natural disaster hazard mitigation activities. Authorizes appropriations to the Mitigation Account for FY 2000 and annually thereafter for prenatural disaster mitigation activities conducted under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
United States · United States Congress · 12 July 1999
Congressional Responsibility Act of 1999 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 1 July 1999
TABLE OF CONTENTS: Title I: Removing Barriers to Housing Affordability Title II: Removing Barriers to Use of FHA Single Family Housing Mortgage Insurance Program Title III: Home Investment Partnerships Program Title IV: Community Development Block Grants Promoting Housing Affordability for Working Families Act of 1999 - Title I: Removing Barriers to Housing Affordability - Requires proposed and final agency rules to include analyses of their impact upon affordable housing availability. Requires the Secretary of Housing and Urban Development to develop model housing impact analyses. (Sec. 102) Amends the Housing and Community Development Act of 1992 to authorize direct appropriations for State and local grants for regulatory barrier removal. (Consolidates State and local grant provisions.) Authorizes a State or local government to use grants to establish a Barriers to Housing Affordability Council. (Sec. 103) Amends the Housing and Community Development Act of 1974 to make affordable housing barrier removal eligible for community development block grant assistance. (Sec. 104) States that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of the Department of Housing and Urban Development under the direction of the Assistant Secretary for Policy Development and Research. Title II: Removing Barriers to Use of FHA Single Family Housing Mortgage Insurance Program - Amends the National Housing Act to: (1) authorize the Secretary to enlarge areas and median prices for purposes of single family housing mortgage insurance eligibility; and (2) extend the manufactured home lot loan term. Title III: Home Investment Partnerships Program - Amends the Cranston-Gonzalez National Affordable Housing Act to make uniformed employees or teachers who are employees of a participating jurisdiction eligible for the home investment partnerships program. Title IV: Community Development Block Grants - Amends the Housing and Community Development Act of 1974 to make uniformed employees and teachers who are employees of a participating metropolitan city or urban county eligible for community development block grant home ownership assistance.
United States · United States Congress · 30 June 1999
Home Health Equity Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act and the Balanced Budget Act of 1997 to eliminate the 15 percent home health services payment reduction which would occur if the Secretary of Health and Human Services did not establish a prospective payment system (PPS) for such services as provided for in such Act. Provides for: (1) outlier payments to home health agencies (agencies) in spite of applicable per beneficiary payment limits when a provider demonstrates to the Secretary that an individual was furnished appropriate home health services at a reasonable cost that significantly exceeded such applicable per beneficiary limit because of certain conditions; and (2) recoupment of overpayments by the Secretary to agencies over a 36-month period as specified. Makes various Medicare amendments under reasonable cost provisions with regard to an increase in payment amounts to agencies with limits under the national average and an increase in the per visit limit for cost reporting periods beginning on or after October 1, 1999, with regard to the amount of payments that may be made under Medicare for services furnished by agencies. Eliminates timekeeping requirements under the prospective payment system for home health services. Provides for periodic interim payment for certain agencies under Medicare provisions regarding payment to service providers. Revises surety bond requirements for agencies. Excludes additional Medicare part B (Supplementary Medical Insurance) costs from determination of the Medicare part B premium.
United States · United States Congress · 29 June 1999
Reforestation Tax Act of 1999 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Decreases the amortization period for reforestation expenditures.
United States · United States Congress · 24 June 1999
Safety Net Preservation Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish a new prospective payment system for federally-qualified health centers and rural health clinics.
United States · United States Congress · 23 June 1999
Pain Relief Promotion Act of 1999 - Title I: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to provide that for purposes of such Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance consistent with public health and safety even if the use of such a substance may increase the risk of death. Declares that nothing in this Act authorizes intentionally dispensing or administering a controlled substance for purposes of causing death or assisting another person in causing death. Prohibits the Attorney General, in determining whether a controlled substance manufacturer, distributor, or dispenser registration is consistent with the public interest under the Act, from giving force and effect to State law permitting assisted suicide or euthanasia. Authorizes certain educational and research programs carried out by the Attorney General under the Act to include educational and training programs for local, State, and Federal personnel on the necessary and legitimate use of controlled substances in pain management and palliative care and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use. Title II: Promoting Palliative Care - Amends the Public Health Service Act to require the Administrator of the Agency for Health Care Policy and Research to carry out a program to: (1) develop and advance scientific understanding of palliative care; and (2) collect and disseminate protocols and evidence-based practices regarding such care, with priority given to pain management for terminally ill patients, and make such information publicly available. Defines "palliative care" as the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts to health professions schools, hospices, and other entities for programs to provide education and training to health care professionals in palliative care. Sets forth requirements for grant applicants. Provides for the evaluation of such programs to determine their effect on knowledge and practice regarding palliative care. Makes funds available for such grants and contracts.
United States · United States Congress · 18 June 1999
Recognizes that the creation of a better United States requires the active involvement of fathers in the rearing and development of their children. Urges: (1) each father in the United States to accept his full share of responsibility for the lives of his children, to be actively involved in rearing them, and to encourage their emotional, academic, moral, and spiritual development; (2) the States to hold fathers who ignore their legal responsibilities accountable for their actions and to pursue more aggressive enforcement of child support obligations; and (3) governments and institutions at every level to remove barriers to father involvement and enact public policies that encourage and support the efforts of fathers who do want to become more engaged in the lives of their children. Encourages each father to devote time, energy, and resources to his children, recognizing that children need not only material support, but also, more importantly, a secure, affectionate, family environment. Designates June 20, 1999, as National Father's Return Day. Calls on fathers around the country to use the day to reconnect and rededicate themselves to their children's lives, to spend National Father's Return Day with their children, and to express their love and support for them.
United States · United States Congress · 17 June 1999
Family Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to provide for: (1) time-and-a-half compensatory time off; and (2) biweekly work programs (allowing more than 40 hours of work in one week and correspondingly less in the other). (Thus provides private sector employees opportunities under such programs similar to those enjoyed by Federal employees). Requires, with respect to such compensatory time and biweekly work programs, that employee participation be voluntary, and that collective bargaining agreements be honored. Sets forth: (1) procedures for employer discontinuance of, or employee withdrawal from, certain of such programs; and (2) prohibitions against coercion. Amends the exemption from minimum wage and maximum hour requirements for certain executive, administrative, and professional employees and outside salesmen. Prohibits from consideration in determining whether an employee is exempt: (1) the fact that the employee is subject to deductions in compensation for absences from employment of less than a full workday or less than a full workweek; or (2) the payment of overtime compensation or other additions to the compensation of an employee employed on a salary based on hours worked. Allows consideration, in such a determination, of an actual reduction in compensation, with a specified exception. Amends the Federal bankruptcy code to grant third priority (allowed unsecured claims for wages, salaries, or commissions) in bankruptcy proceedings to claims relating to compensatory time off.
United States · United States Congress · 17 June 1999
Military Retirement Equity Act of 1999 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to retired pay is based solely on age, length of service (at least 20 years), or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total.
United States · United States Congress · 17 June 1999
Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain.
United States · United States Congress · 17 June 1999
Authorizes the payment of dependency and indemnity compensation to the surviving spouse of a veteran who died while totally disabled from a service-connected disability, who was a former prisoner of war who died after September 30, 1999, and who had been diagnosed as having one of the diseases specified as being service-connected (and therefore compensable) under veterans' disability compensation or benefits provisions.
United States · United States Congress · 17 June 1999
Commends the armed forces, President Clinton, specified military and administration officials, and the NATO forces on the success of Operation Allied Force. Demands from Slobodan Milosevic the withdrawal of all Yugoslav and Serb forces from Kosovo, a permanent end to hostilities there, the return of Kosovo citizens to their homes, and unimpeded access to Kosovo for humanitarian relief operations. Urges the leadership of the Kosovo Liberation Army (KLA) to ensure KLA compliance with ceasefire and demilitarization obligations. Calls for full cooperation with the International Criminal Tribunal for the Former Yugoslavia and assistance in bringing indicted war criminals, including Milosevic and other Serb military and political leaders, to justice.
United States · United States Congress · 16 June 1999
Rural Education Initiative Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish Rural Education Initiative (REI) programs under subpart 2 of part J (Urban and Rural Education Assistance) of title X (Programs of National Significance). (Replaces current subpart 2 provisions for demonstration grants for rural education, but retains provisions for higher education grants partnerships for rural education.) (Sec. 1) Makes a local educational agency (LEA) eligible for REI alternative use formula grants and competitive grants if: (1) the total number of students in average daily attendance at all of the schools served by the LEA is less than 600; and (2) all of the schools served by the LEA are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. Provides, under the alternative use formula grant program, that an eligible LEA may use applicable funding that it is eligible to receive from the State educational agency (SEA) for a fiscal year to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Defines applicable funding as that received under: (1) specified provisions of the Department of Education Appropriations Act, 1999; (2) ESEA title II (Dwight D. Eisenhower Professional Development Program); (3) ESEA title IV (Safe and Drug-Free Schools and Communities); and (4) ESEA title VI (Innovative Education Program Strategies). Requires each SEA receiving applicable funding to disburse it to LEAs for alternative uses at the same times it disburses it to LEAs that do not intend to use it for alternative uses for that fiscal year. Authorizes the Secretary of Education to award competitive grants to eligible LEAs to support local or statewide education reform efforts intended to improve the achievement of elementary school and secondary school students and the quality of instruction provided for the students. Sets forth formulas for determining the amounts of such grants, based on numbers of children in average daily attendance at schools served by the LEAs, minus amounts received under applicable funding. Makes LEAs that receive such competitive grants ineligible for funds under specified ESEA programs. Sets forth accountability provisions. Requires LEAs that receive REI alternative use formula grants or competitive grants to administer tests to assess the academic achievement of students in their schools. Requires each SEA that receives applicable funding to: (1) determine, after the fifth year of an LEA's participation in either REI grant program, whether the LEA's students are performing better on such tests than after the first year of participation; (2) only permit LEAs that perform better to continue to participate for an additional five years; and (3) prohibit LEAs that do not perform better from participating for five years from the date of determination. Authorizes appropriations through FY 2004 for the following ESEA title X part J programs: (1) the REI program established by this Act; (2) higher education grants partnerships for rural education; and (3) Urban Education Demonstration Grants.
United States · United States Congress · 9 June 1999
National Forensic Sciences Improvement Act of 1999 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to: (1) include among permissible uses of drug control and system improvement (Byrne) grants improving the quality, timeliness, and credibility of forensic science services for criminal justice purposes; and (2) require State certification that it has established a forensic science laboratory or laboratory system or a medical examiner's office that meets specified requirements, with respect to any such grant for such purpose. Amends the Act to require a State to submit to the Attorney General: (1) a certification that the State has developed a consolidated State plan that meets specified requirements and a specific description of the manner in which the grant will be used to carry out that plan; (2) a certification that any forensic science laboratory system, medical examiner's office, or coroner's office in the State that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations; and (3) a specific description of any new facility to be constructed as part of the program, estimated costs of that facility, and a certification that the grant will not be used to fund more than 40 percent of such facility's total costs. Prohibits the use of grant funds for any general law enforcement or non-forensic investigatory function. Limits facilities and administrative costs. Sets forth provisions regarding record-keeping (and access to records and documents) and reporting requirements. Authorizes appropriations.
United States · United States Congress · 9 June 1999
Open Competition Act of 1999 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 27 May 1999
National Uniformity for Food Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA, as amended by this Act, or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 27 May 1999
Fair Access to Indemnity and Reimbursement Act - Amends the National Labor Relations Act and the Occupational Safety and Health Act to allow the recovery of attorney's fees and costs by certain employers and labor organizations who are prevailing parties in administrative proceedings brought against them by the National Labor Relations Board (NLRB) or before the Occupational Safety and Health Review Commission (OSHRC) or in court proceedings brought by or against the NLRB or OSHRC. Requires that such employers or labor organizations have not more than 100 employees and a net worth of not more than $7 million at the time of such proceedings. Provides for such recovery without regard to whether the position of the NLRB, the Secretary of Labor, or a court was substantially justified or special circumstances make an award unjust.
United States · United States Congress · 27 May 1999
TABLE OF CONTENTS: Title I: Small Business Lawsuit Abuse Protection Title II: Product Seller Fair Treatment Small Business Liability Reform Act of 1999 - Title I: Small Business Lawsuit Abuse Protection - Allows punitive damages to be awarded against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Limits such punitive damages to the lesser of two times the amount awarded for economic and noneconomic losses, or $250,000. (Sec. 104) States that, in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility. (Sec. 105) Excepts from such liability limitations any misconduct of a defendant: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that results in liability for damages under specified provisions of the Oil Pollution Control Act of 1990 or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; (3) that involves a sexual offense or violation of a Federal or State civil rights law; or (4) caused by being under the influence of intoxicating alcohol or a drug. (Sec. 106) Preempts inconsistent State law. Title II: Product Seller Fair Treatment - States that this title governs any product liability action brought in any Federal or State court. Excludes from this title actions for commercial loss, negligent entrustment, negligence per se concerning firearms and ammunition, and actions brought under a dram-shop or third-party liability arising out of the sale or provision of alcohol to an intoxicated person or a minor. (Sec. 204) Mandates that, in any product liability action covered by this Act, a product seller other than a manufacturer shall be liable to a claimant only if such claimant establishes that: (1) the product that caused the harm was sold, rented, or leased by the seller, the seller failed to exercise reasonable care with respect to the product, and such failure was the proximate cause of harm to the plaintiff; (2) the seller made an express warranty applicable to such product, the product failed to conform to the warranty, and such failure caused the harm to the plaintiff; or (3) the product seller engaged in intentional wrongdoing (as determined under applicable State law), and such wrongdoing caused the harm to the plaintiff. States that a seller shall not be considered to have failed to exercise reasonable care with respect to a product based upon a failure to inspect if: (1) there was no reasonable opportunity to inspect; or (2) such inspection would not have revealed the aspect of the product that allegedly caused the claimant's harm. Allows a seller to be liable as a manufacturer if: (1) the manufacturer is not subject to appropriate service of process; or (2) the court determines that the claimant is or would be unable to enforce a judgment against the manufacturer. Provides limited liability for persons engaged in the business of renting or leasing a product.
United States · United States Congress · 27 May 1999
Defense Jobs and Trade Promotion Act of 1999 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
United States · United States Congress · 27 May 1999
Declares that the Senate: (1) condemns the National Islamic Front (NIF) Government in Sudan for its support for terrorism and its continued human rights violations; and (2) deplores the slave raids in southern Sudan and calls on such Government to end immediately slavery in Sudan. Calls on the United Nations Security Council to: (1) condemn such slave raids and bring to justice those responsible; (2) implement the existing air embargo and impose an arms embargo on such Government; (3) implement reforms of Operation Lifeline Sudan (OLS) to enhance the independence of that operation from such Government; (4) determine whether or not such Government's war policy constitutes genocide; and (5) implement the recommendations of UN Special Rapporteur for Sudan, Leonardo Franco, who has called for the posting of human rights monitors throughout Sudan. Calls for the President to take leadership on policies to: (1) increase support for relief organizations working outside the umbrella of OLS; (2) instruct the Agency for International Development (AID) and other appropriate to provide additional support to nongovernmental relief organizations that work outside the OLS umbrella and to enhance the independence of OLS from such Government; (3) double the funds that are made available through the STAR Program for the promotion of the rule of law to advance democracy and the enhancement of infrastructure in areas in Sudan controlled by the opposition to such Government; (4) instruct AID to provide humanitarian assistance directly to indigenous service groups in southern Sudan and the Nuba Mountains; (5) intensify and expand U.S. diplomatic and economic pressure on such Government in conjunction with and urging other countries to impose sanctions on such Government that are similar to U.S.-imposed sanctions; (5) continue to enhance the peace process in Sudan supported by the Inter-governmental Authority for Development; and (6) report to Congress on efforts or plans to promote the end of slavery in Sudan.
United States · United States Congress · 26 May 1999
Estate Tax Elimination Act of 1999 - Amends the Internal Revenue Code to eliminate Federal estate, gift, and transfer taxes. Eliminates the step-up in basis with respect to property acquired from a decedent. Establishes the basis for qualifying property acquired from a decedent (carryover basis property) as the property's initial basis increased by its allowable share of the decedent's allowance, as provided for in this Act. Describes noncarryover basis property. Authorizes a limited tangible personal property exclusion. Provides an additional exclusion for family-owned businesses and farms. Makes a nonresident who is not a U.S. citizen ineligible for basis adjustment based upon a decedent's exclusion allowance. Establishes a binding procedure for determining the initial basis of carryover basis property. Requires an executor to provide the Secretary of the Treasury and each beneficiary with specified carryover basis property information. Sets forth related noncompliance penalties.
United States · United States Congress · 24 May 1999
TABLE OF CONTENTS: Title I: Crop Insurance Coverage Title II: Administration Crop Insurance Equity Act of 1999 - Title I: Crop Insurance Coverage - Amends the Federal Crop Insurance Act to provide that the Commodity Credit Corporation, with respect to prevented planting crop insurance, shall: (1) offer such coverage as an option to a crop insurance policy; (2) provide equal coverage levels for all covered commodities; and (3) permit (noninsurable) substitute plantings. (Sec. 102) Directs the Corporation to develop alternative rates and methodologies for rating insurance plans, which shall take into account nonparticipating producers and producers participating only in catastrophic risk protection. Grants priority to commodities with the largest acreage and the lowest percentage of participating producers. (Sec. 103) Directs the Corporation to: (1) offer optional quality adjustment policies; and (2) establish a low-risk producer pilot program. (Sec. 105) Increases catastrophic risk coverage. Revises related loss adjustment fee provisions. (Sec. 107) Establishes a projected-cost price level (expected market price) for production insurance plans. (Sec. 108) Directs the Corporation to provide premium discounts for qualifying risk-reducing production practices. (Sec. 109) Provides for 50 percent premium subsidies. (Sec. 112) Directs the Corporation, for production history calculation purposes, to assign a producer a commodity yield equal to 85 percent of the county's transition yield for a year in which disasters have reduced yield to below such level. (Sec. 113) Prohibits the Corporation from subsidizing a plan that offers coverage for losses based on change of price. (Sec. 114) Limits underwriting gains to 50 percent of the policy. Title II: Administration - Amends the Federal Crop Insurance Act to revise the membership of the Corporation's Board of Directors. (Sec. 202) Amends the Department of Agriculture Reorganization Act of 1994 to place the Office of Risk Management under the Board. (Sec. 203) Amends the Federal Crop Insurance Act to direct the Secretary of Agriculture to establish an Office of Private Sector Partnership to provide specified Board-private sector liaison functions. (Sec. 204) Increases monetary penalties for intentionally providing false insurance information. Authorizes disbarment from Department of Agriculture programs for such violations. (Sec. 206) Directs the Corporation to establish a crop insurance compliance monitoring program. (Sec. 207) Authorizes a cooperative association acting as an insurance agent to provide its members with funds received from the Corporation. (Sec. 208) Prohibits purchasing insurance for more than one crop per year on the same acreage unless the producer or the acreage has a previous history of double-cropping. (Sec. 209) Provides for State consultation. (Sec. 211) Authorizes specified insurance plan fees. (Sec. 212) Directs the Corporation to carry out a flexible subsidy pilot program to encourage private sector innovation through exclusive marketing rights and premium rate competition.
United States · United States Congress · 20 May 1999
Includes bronchiolo-alveolar carcinoma in the list of diseases presumed to be service-connected in the case of exposure to ionizing radiation and therefore compensable for purposes of veterans' disability compensation and medical care.
United States · United States Congress · 20 May 1999
Requires the Director of the Office of Management and Budget, no later than 15 days after Congress adjourns to end the first session of the 106th Congress and on the same day as a specified sequestration (if any) under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), to cause a sequestration for FY 2000 of all non-exempt accounts within the discretionary spending category (excluding national defense) to achieve a reduction in budget authority equal to $13.303 billion minus the amount of reimbursements identified in a report under the 1999 Emergency Supplemental Appropriations Act regarding efforts to increase burden sharing for Operation Allied Force.
United States · United States Congress · 20 May 1999
Mississippi Valley National Historical Park Act of 1999 - Establishes the Mississippi Valley National Historical Park on the former Eaker Air Force Base in Blytheville, Arkansas. Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites (including improvements) located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities. Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984; and (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.
United States · United States Congress · 18 May 1999
Sensible Ergonomics Needs Scientific Evidence Act - SENSE Act - Prohibits the Secretary of Labor from promulgating, through the Occupational Safety and Health Administration, any standard, regulation, or guideline on ergonomics until 30 days after the National Academy of Sciences reports to Congress on a completed, peer-reviewed scientific study of the available evidence examining a cause and effect relationship between repetitive tasks in the workplace and musculoskeletal disorders or repetitive stress injuries.
United States · United States Congress · 18 May 1999
Expresses sympathy to the families of those killed as a result of their participation in the democracy protests of 1989 in the People's Republic of China, as well as to the families of those killed and to those who have suffered for their efforts to keep that struggle alive. Commends all Chinese citizens who are peacefully advocating for democracy and human rights. Condemns the ongoing and egregious human rights abuses by the Chinese Government and calls on that Government to: (1) reevaluate the official verdict on the June 4, 1989, Tiananmen prodemocracy activities and open formal investigations to bring those responsible to justice; (2) establish a June Fourth Investigation Committee, the proceedings and findings of which should be accessible to the public, to make a just and independent inquiry into all matters related to June 4, 1989; (3) release all prisoners of conscience, provide just compensation to the families of those killed in those protests, and allow those exiled for their activities in 1989 to return and live in freedom in China; (4) put an immediate end to harassment, detention, and imprisonment of Chinese citizens exercising their legitimate rights to the freedom of expression, association, and religion; and (5) proceed quickly to ratify and implement the International Covenant on Civil and Political Rights.
United States · United States Congress · 14 May 1999
Amends the Clean Air Act to incorporate specified provisions of transportation conformity regulations (regulations to determine conformity of Federal transportation programs with Federal and State implementation plans) as in effect on March 1, 1999.
United States · United States Congress · 13 May 1999
Citizens Access to Justice Act of 1999 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action as a violation of the Fifth Amendment in a district court or the United States Court of Federal Claims (claims court). (Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court. Waives sovereign immunity of the United States regarding such an action. Sets a six-year statute of limitation from the date of the taking of private property. Authorizes the court to award costs, including reasonable attorney's fees, to any prevailing plaintiff. (Sec. 6) Grants the claims court the power to grant injunctive and declaratory relief when appropriate, as well as supplemental jurisdiction (concurrent with designated courts) to render judgment upon any related tort claim. Specifies that any claim brought herein to redress the deprivation of a right or privilege to use and enjoy real property as secured by the Constitution shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Amends the Federal judicial code to grant the district courts original jurisdiction, concurrent with the claims court, of any civil action filed under this Act. Sets forth provisions regarding district court civil rights jurisdiction. (Sec. 7) Authorizes recovery of attorney's fees and costs in a civil action for deprivation of rights where a takings claim is not substantially justified, with exceptions. Requires the district court to decide any motion to dismiss in such an action on an expedited basis. (Sec. 8) Prohibits a party seeking redress in such an action for a taking of real property without the payment of compensation from commencing an action in district court before 60 days after the date on which written notice has been given to any potential defendant. (Sec. 9) Requires a Federal agency that takes an agency action limiting the use of private property that may be affected by this Act to give notice to the owners of that property explaining their rights, and the procedures for obtaining any compensation that may be due to them, under this Act.
United States · United States Congress · 12 May 1999
Motor Vehicle Franchise Contract Arbitration Fairness Act of 1999 - Provides that each party to a motor vehicle franchise contract providing for the use of arbitration to resolve a controversy arising out of or relating to the contract shall have the option, after the controversy arises and before both parties commence an arbitration proceeding, to reject arbitration as the means of settling the controversy. Requires that any such rejection be in writing. Requires the arbitrator, whenever a party elects arbitration, to provide the parties with a written explanation of the factual and legal basis for the award.
United States · United States Congress · 12 May 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
United States · United States Congress · 6 May 1999
Promoting Health in Rural Areas Act of 1999 - Title I: Promoting Access to Health Care Services in Rural Areas Under the Medicare Program - Subtitle A: Hospital-Related Provisions - Amends title XVIII (Medicare) of the Social Security Act (SSA) with regard to hospital-related provisions to: (1) revise payment and geographic reclassification requirements for sole community hospitals; (2) modify the criteria for designation of a critical access hospital; (3) make certain technical amendments with regard to adjustments for graduate medical education, both indirect and direct; (4) make permanent the payment provision for the Medicare-dependent, small rural hospital program, and provide an option to base program eligibility on discharges during any of the three most recent audited cost reporting periods; and (5) provide for an all-inclusive payment rate option for outpatient critical access hospital services. (Sec. 106) Provides for: (1) exclusion of swing beds in critical access hospitals from the prospective payment system (PPS) for skilled nursing facilities; (2) exclusion of small rural providers from the PPS for hospital outpatient department services; (3) modification of disproportionate share hospital (DSH) payment adjustment requirements; (4) application of hospital geographic reclassification for inpatient services (labor costs) to all PPS-reimbursed items and services; and (5) mandatory standardization of wage levels for hospitals with respect to occupational mix before adjusting payment rates. Directs the Secretary of Labor to study and report to Congress on the feasibility and costs of having the Bureau of Labor Statistics collect data on wages that would assist the Secretary of Health and Human Services (Secretary) in determining average wage levels, at the metropolitan statistical area, statewide, and rural level by sector and the proportion of the workforce in each occupational category within each sector. Subtitle B: General Provisions - Amends Medicare part C (Medicare+Choice) to make certain adjustments to the calculation of annual capitation rates used in determining payments to Medicare+Choice organizations. (Sec. 122) Amends the Indian Health Care Improvement Act to convert into a permanently authorized program the current demonstration program for direct billing of Medicare, Medicaid (SSA title XIX), and other third party payors by Indian tribes, tribal organizations, and Alaska Native health organizations. (Sec. 123) Amends SSA title XVIII (Medicare) to: (1) provide for rural representation on the Medicare Payment Advisory Commission (MEDPAC) as well as additional specified duties for MEDPAC; (2) require MEDPAC to review the impact of PPS's for skilled nursing facility services, home health services, and hospital outpatient department services on access to services in rural areas, as well as review the operating margins for hospitals in rural or frontier areas; and (3) provide for Medicare coverage of qualified mental health professional services. (Sec. 125) Directs the Secretary to study and report to Congress on the barriers that Medicare beneficiaries residing in rural areas face in obtaining quality mental health services, and on ways to reduce or eliminate such barriers. (Sec. 126) Directs the Secretary to establish a waiver process in which entities and individuals under Medicare that are located in an urban or large urban area for purposes of Medicare reimbursement may apply to be considered as located in a rural area for such purposes if the entity or individual is located in a rural area: (1) within a metropolitan county; or (2) as determined by using a census tract definition adopted by the Office of Rural Health Policy in awarding grants. (Sec. 127) Revises per-visit payment limits for rural health clinic services under Medicare part B (Supplementary Medical Insurance). (Sec. 128) Amends Medicare part B to: (1) extend to physician assistant or nurse practitioner services additional payments for services furnished in health professional shortage areas; (2) provide authority for the Secretary to establish a PPS for rural health clinic (RHC) services in a rural hospital with 50 beds or more; (3) establish separate wage indexes for making adjustments to payments under the PPS's for skilled nursing facilities and home health agencies; and (4) require consideration of rural issues in establishing an ambulance service fee schedule. Title II: Additional Provisions to Address Shortages of Health Professionals in Rural Areas - Amends the Public Health Service Act (PHSA) to direct the Secretary to define "frontier area" for inclusion among health professional shortage areas. Requires the Secretary to consider any pending retirements or resignations of available physicians when determining whether to designate an area as a health professional shortage area. Prohibits the Secretary from implementing any regulation establishing a new methodology for designating a health professional shortage area unless such methodology: (1) is not detrimental to underserved rural or frontier communities, including that the methodology does not result in the provision of fewer services in such communities; and (2) includes consideration of the percentage of the population over age 65 residing in an area. (Sec. 202) Amends the Internal Revenue Code (IRC) to exclude from an individual's gross income certain amounts received under the National Health Service Corps Scholarship Program under PHSA. (Sec. 203) Amends Federal civil service law to provide for the designation of underserved areas under health care contracts administered by the Office of Personnel Management. (Sec. 204) Amends SSA title XIX (Medicaid) to mandate a new PPS for federally-qualified health centers and rural health clinics under the Medicaid program. (Sec. 205) Amends the Balanced Budget Act of 1997 to revise requirements for Medicare reimbursement of telehealth services, including store-and-forward technologies among the telecommunications systems used in providing telehealth services. (Sec. 206) Directs the Secretary to conduct a specified study on telehealth licensure for a report to the Congress. (Sec. 207) Redesignates the Joint Working Group on Telemedicine as the Joint Working Group on Telehealth, with the chairperson being designated by the Director of the Office for the Advancement on Telehealth. Establishes the mission of the Joint Working Group, among other things, as identifying, monitoring, and coordinating Federal telehealth projects and programs. Authorizes appropriations. Title III: Development of Telehealth Networks - Subtitle A: Development of Telehealth Networks - Directs the Secretary to provide specified financial assistance to eligible telehealth networks for the purpose of expanding access to health care services for individuals in rural and frontier areas through the use of such networks. Authorizes appropriations. Subtitle B: Rural Health Outreach and Network Development Grant Program - Amends PHSA to rename the Rural Health Outreach, Network Development, and Telemedicine Grant Program as the Rural Health Outreach and Network Development Grant Program, and to modify the renamed program. Title IV: Miscellaneous Provisions - Amends the IRC with regard to the non-deductible interest expense of financial institutions allocable to tax-exempt income, and the limited exception from such non-deductibility for interest expense on certain tax-exempt small issuer obligations. Allows a small issuer, the proceeds of whose obligations are to be used to make or finance eligible loans for health care or educational purposes, to elect to apply specified current limitations on the amount of obligations by treating each borrower as the issuer of a separate issue. (Sec. 402) Requires the heads of the National Center for Health Statistics, the Centers for Disease Control and Prevention, the Agency for Health Care Policy and Research, and the Bureau of the Census to negotiate and enter into interagency agreements with HHS agencies and offices under which they will be provided access to data sets for the intramural and extramural research they conduct or support.
United States · United States Congress · 3 May 1999
Interstate Tolls Relief Act of 1999 - Amends the Transportation Equity Act for the 21st Century to repeal the Interstate System Reconstruction and Rehabilitation pilot program. Amends Federal transportation law to direct the Secretary of Transportation to permit Federal participation in reconstruction or replacement of a toll-free tunnel. Specifies that before the Secretary may permit Federal participation in construction of a highway, bridge, or tunnel located in a State, the public authority having jurisdiction must enter into an agreement with the Secretary which provides that all toll revenues received from the operation of the toll facility will be used only for debt service, reasonable return on investment of any private person financing the project, and the costs necessary for the proper operation and maintenance of the toll facility. Repeals a provision allowing the State, upon certifying annually that the tolled facility is being adequately maintained, to use any toll revenues in excess of amounts so required for any purpose for which Federal funds may be obligated by a State under Federal transportation provisions.
United States · United States Congress · 29 April 1999
Physician Assistant Equity Act - Requires the Director of the Office of Personnel Management: (1) to review the classification of the position of physician assistant; (2) in conducting the review, to solicit comments from physician assistants and organizations representative of physician assistants and give specific consideration to the private sector qualifications, requirements for practice, compensation, and experience of such an assistant and the educational and practice qualifications required for the position, including national accreditation standards and State licensing requirements; (3) to reclassify the position in a professional class that is different from the class of positions that includes any nurse position or medical technician position; and (4) to make any appropriate adjustments in personnel and pay administration consistent with the review and classification conducted under this Act.
![Official portrait of Sen. Hutchinson, Tim [R-AR]](https://www.congress.gov/img/member/h001015_200.jpg)