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Law· HRH.R. 658 (106th)enacted
United States · United States Congress · 9 February 1999
Thomas Cole National Historic Site Act - Establishes the Thomas Cole National Historic Site in New York State as an affiliated area of the National Park System. Provides that the Greene County Historical Society of Greene County, New York, shall continue to own, manage, and operate the Site. Directs the Society to administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System. Authorizes the Secretary of the Interior: (1) to enter into cooperative agreements with the Society to preserve the Thomas Cole House and other structures in the historic site and to assist with education programs and research and interpretation of the Thomas Cole House and associated landscapes; and (2) for further purposes of this Act, to enter into cooperative agreements with the State of New York, the Society, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through the provision of assistance to develop, present, and fund art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, and use of the historic site. Authorizes the Secretary to acquire personal property associated with, and appropriate for, the interpretation of the historic site. Directs the Secretary, with the cooperation of the Society, to develop and submit to specified congressional committees a general management plan for the Site, including recommendations for regional wayside exhibits. Authorizes appropriations.
Bill· HRH.R. 637 (106th)referred
United States · United States Congress · 9 February 1999
Gifted and Talented Students Education Act of 1999 - Authorizes the Secretary of Education to make grants to States for use by public schools to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; and (4) emerging technologies, including distance learning. Sets forth requirements for grant applications, allotment to States, and reporting. Authorizes appropriations.
Bill· HRH.R. 636 (106th)referred
United States · United States Congress · 9 February 1999
Individuals with Disabilities Education Act Amendments of 1999 - Amends the Individuals with Disabilities Education Act (IDEA) to revise provisions relating to the placement of children in alternative educational settings under IDEA. Eliminates a 45-day maximum on certain extended (beyond ten-day) alternative placements (currently allowed in cases of a child's carrying weapons or possessing, using, or selling drugs at school or a school function). Allows a school to also place a child with a disability in an alternative educational setting for such an extended period if the child intentionally exhibits violent behavior that has resulted in, or could have resulted in, physical injury to the child or to others while at school or at a school function under the jurisdiction of a State or local agency. Limits the corrective actions that the Secretary of Education may take against a State that does not provide IDEA services to 18- to 21-year-old prison inmates to a proportionate withholding or reduction in Federal IDEA funds.
Bill· HRH.R. 635 (106th)referred
United States · United States Congress · 9 February 1999
Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to permit the use of TANF block grant funds for classroom construction and hiring of teachers in elementary and secondary public schools.
Bill· HRH.R. 645 (106th)referred
United States · United States Congress · 9 February 1999
Amends the Elementary and Secondary Education Act of 1965 to provide for teacher technology training. Requires schools to give attention to professional development that incorporates technology used to improve teaching and learning. Requires professional development activities to include instruction in the use of technology. Adds technology to the list of core subject areas for the National Teacher Training Project grants program (Dwight D. Eisenhower Professional Development Program). Requires local plans for improving teaching and learning to include descriptions of how their core subject area programs will incorporate technologies which meet the educational needs of individuals who are from historically underrepresented groups, or are economically disadvantaged, or have limited English language abilities, or have disabilities. Requires authorized professional development activities to incorporate effective technology for meeting the educational needs of diverse groups of students. Includes technological innovation as a higher education activity to improve teacher education programs.
Bill· HRH.R. 638 (106th)referred
United States · United States Congress · 9 February 1999
Teacher Investment and Enhancement Act - Amends the Internal Revenue Code to increase the Lifetime Learning Credit for the continuing education tuition expenses of a secondary teacher if such expenses are incurred for attending courses directly relevant to the subject matter taught by the teacher.
Bill· SS. 391 (106th)referred
United States · United States Congress · 8 February 1999
Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) from FY 2000 through FY 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Makes appropriations.
Bill· SS. 387 (106th)referred
United States · United States Congress · 8 February 1999
Amends the Internal Revenue Code to revise provisions concerning distributions from State tuition programs to provide for the exclusion from gross income of distributions used for the payment of qualified higher education expenses.
Bill· SS. 389 (106th)referred
United States · United States Congress · 8 February 1999
Troops-To-Teachers Program Improvement Act of 1999 - Transfers from the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard to the Secretary of Education (Secretary) jurisdiction over a program to assist eligible members of the armed forces after their discharge, release, or retirement to: (1) obtain certification or licensing as elementary or secondary school teachers or vocational or technical teachers; and (2) facilitate the employment of such members by local educational agencies identified under this Act. Requires the Secretary to provide information concerning the placement program, and make program applications available, to such members as part of their pre-separation counseling. Directs the Secretary to pay a stipend of $5,000 to each program participant, with a limit of 3,000 of such stipends in a fiscal year. Authorizes the Secretary, in lieu of such stipend amount, to pay a bonus of $10,000 to each participant who agrees to accept full-time employment as a teacher for not less than four years in a high need school. Limits to 1,000 the number of such bonuses in a fiscal year. Mandates that provision of assistance under such program shall not reduce or affect entitlement to benefits under the Montgomery GI Bill. Authorizes the Secretary to make grants to States, or consortia of States, for operating offices for recruiting eligible members for program participation and facilitating employment of such participants in the schools of such States. Limits to $4 million the total amount of grants in a fiscal year. Limits to five percent of program funds the amount authorized for management infrastructure. Requires the Secretaries involved to complete the jurisdictional transfer of the program no later than October 1, 1999. Requires program reports from the Secretary and the Comptroller General. Authorizes appropriations to the Department of Education for FY 2000 through 2004.
Bill· HRH.R. 625 (106th)referred
United States · United States Congress · 8 February 1999
Veterans Education Benefits Equity Act of 1999 - Authorizes the Secretary of Veterans Affairs to continue to pay monthly veterans' educational assistance to eligible veterans during periods between school terms if: (1) the interval between such periods does not exceed eight weeks (currently, one month); and (2) both the terms preceding and following the period are not shorter in duration than such period.
Bill· HRH.R. 615 (106th)referred
United States · United States Congress · 8 February 1999
Amends the Internal Revenue Code to permit, without payment of the ten-percent additional tax on early distributions from qualified retirement plans and under specified conditions, early distributions from employee stock ownership plans for qualified higher education expenses and qualified first-time homebuyer purchases.
Bill· SS. 385 (106th)open
United States · United States Congress · 6 February 1999
Safety Advancement for Employees Act of 1999 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. (Sec. 3) Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts from assessment of certain civil penalties for one year thereafter any employer who receives from a certified consultant a certificate of compliance, and: (1) who makes a good faith effort to remain in compliance with OSHA; or (2) the hazards of whose workplace do not undergo a fundamental change (for the worse). Allows an employer to receive a one-year renewal of such a certificate of compliance if a qualified consultant makes certain determinations in an onsite visit and survey. (Sec. 4) Directs the Secretary to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection methods. Authorizes the Secretary's representative to contact an employer by telephone, facsimile, or other appropriate methods to determine whether: (1) the employer has taken corrective actions with respect to the alleged violation or danger; or (2) there are reasonable grounds to believe that a hazard exists. Provides that certain inspections are not required to be conducted if the Secretary determines that an inspection request was made for reasons other than employee safety and health or that the employees are not at risk. (Sec. 7) Establishes the use of alternative safe methods as an affirmative defense for employers. (Sec. 8) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 9) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 10) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 11) Sets forth consultation alternatives to issuance of citations. Allows the Secretary's representative to provide discretionary compliance or technical assistance to an employer in correcting a violation discovered during an inspection or investigation, without issuing a citation. Authorizes the Secretary's representative to issue a warning in lieu of a citation for: (1) violations with no significant relationship to employee safety or health; and (2) employers who in good faith act promptly to abate violations that are not willful or repeated.
Bill· SS. 371 (106th)referred
United States · United States Congress · 4 February 1999
Central American and Caribbean Relief Act - Title I: United States-Caribbean Basin Trade Enhancement - United States-Caribbean Basin Trade Enhancement Act - Amends the Caribbean Basin Economic Recovery Act (CBERA) to accord, for a specified period, the same tariff and quota treatment (duty-free treatment, free of any quantitative limitations) given certain textile and apparel articles imported from North American Free Trade Agreement (NAFTA) countries to such articles from CBERA beneficiary countries planning to become parties to the Free Trade Area of the Americas, or a comparable trade agreement. Subjects to certain penalties exporters or countries that engage in the transshipment of such articles (preferential treatment claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components). (Sec. 104) Directs the U.S. International Trade Commission to report biennially to Congress and the President on the economic impact of this Act on U.S. industries and consumers, including its effectiveness in promoting drug-related crop eradication and crop substitution efforts of CBERA beneficiary countries. (Sec. 105) Authorizes the President (with respect to factors considered in the designation of a country as a beneficiary country) to determine that a country is not providing adequate protection of intellectual property rights even if it is in compliance with its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. (Sec. 106) Grants duty-free treatment of rum liqueurs and spirituous beverages from Canada and Mexico if certain conditions are met. Title II: Economic Support Fund and Other Assistance - Authorizes appropriations to: (1) provide economic support fund (ESF) assistance to areas of Central America and the Caribbean affected by Hurricane Mitch in October 1998 for roads, agricultural investment, microcredit loans, water sanitation, health clinics, vaccinations, and technical assistance for housing; (2) provide international disaster assistance for such areas; and (3) the U.S. Geological Survey to conduct imaging and analysis in Honduras and Nicaragua to minimize future loss of life and property. Earmarks specified amounts, over a five year period, for eligible expenses in connection with developing new or renovating existing structures to provide decent, safe, and sanitary nonluxury dwellings (Habitat for Humanity) in the affected Central American and Caribbean countries. (Sec. 203) Authorizes appropriations to the Department of the Interior to develop a river monitoring system in Honduras. Title III: Department of Defense - Authorizes the President to direct the drawdown of defense articles and services from the stocks of the Department of Defense (DOD) for the purpose of providing disaster relief and reconstruction to the affected areas of Central America and the Caribbean. (Sec. 302) Authorizes appropriations for: (1) the New Horizons Program, earmarking amounts for use for Central America and the Dominican Republic (including the National Guard and Reserve); (2) Overseas Humanitarian, Disaster, and Civic Aid programs; and (3) the Commanders-in-Chief CINC Initiative Fund. Title IV: International Monetary Relief - Authorizes the President, subject to specific appropriations, to reschedule the repayment of interest on, and reduce the amount of, the indebtedness owed by Honduran and Nicaraguan governments to the United States in FY 1999 and 2000. (Sec. 402) Authorizes the U.S. Governor of the International Bank for Reconstruction and Development (World Bank) to contribute $25 million to the Central American Emergency Trust Fund. Authorizes appropriations. Title V: OPIC - Expresses the sense of Congress that the Overseas Private Investment Corporation (OPIC) should foster U.S. private investment and enhance the ability of private enterprise to make its full contribution in the hurricane-affected areas of Central America and the Caribbean. Authorizes appropriations. (Sec. 501) Amends the Foreign Assistance Act of 1961 to make Central American and Caribbean countries affected by Hurricane Mitch and Hurricane Georges eligible for equity investment financing under the pilot equity finance program. Increases the amount of transfers that OPIC can make from its noncredit account revolving fund to its revolving fund for acquisition of equity. Title VI: Microcredit and Agricultural Assistance - Directs the Administrator of the U.S. Agency for International Development (AID) to use credit and microcredit assistance to provide disaster assistance to rehabilitate agriculture production in the hurricane-affected areas of Central America and the Caribbean. (Sec. 603) Authorizes the Administrator of AID to utilize relevant foreign assistance programs and initiatives for the Central America and Caribbean region to support private producer-owned cooperative marketing associations there, including rural business associations owned and controlled by farmer shareholders. (Sec. 604) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in Central America and the Caribbean. (Sec. 605) Provides assistance through the nonemergency food assistance programs of the Agriculture Trade Development and Assistance Act of 1954 to the hurricane- affected Central American and Caribbean areas.
Bill· HRH.R. 578 (106th)open
United States · United States Congress · 4 February 1999
Amends the Consolidated Farm and Rural Development Act to provide for the preference conveyance of acquired real property to: (1) beginning farmers or ranchers; or (2) schools or nonprofit organizations involved in teaching young people to be farmers.
Bill· HRH.R. 606 (106th)referred
United States · United States Congress · 4 February 1999
TABLE OF CONTENTS: Title I: Education Title II: Employment and Training Title III: Health Care Title IV: Economic Equity Title V: Organizational Restructuring Servicemembers and Veterans Transition Services Improvement Act of 1999 - Title I: Education - Amends Federal provisions relating to the veterans' educational assistance program (VEAP) to: (1) increase its monthly rates of educational assistance; (2) require the Secretary of Defense to notify a member of the armed forces of the availability of VEAP benefits and eligibility requirements within 90 days after such individual enters on active duty; (3) repeal a provision allowing individuals to elect not to receive VEAP assistance; (4) revise provisions concerning VEAP enrollment; and (5) authorize the Secretary of Veterans Affairs (Secretary) to make accelerated payments of VEAP basic educational assistance. Provides an enhanced educational assistance entitlement under VEAP to each individual who: (1) after September 30, 1999, first enters on active duty, or reenlists or extends such duty, for at least four years; (2) serves on active duty and is discharged for reasons other than willful misconduct or inappropriate discharge of duty, or is discharged involuntarily for the convenience of the Government as a result of a reduction in force; (3) completed the requirements of a secondary school diploma within their period of active duty; and (4) after completing the required period of active duty, continues on active duty, is discharged honorably, is released honorably and is placed on an inactive status list, or is released for further service in a reserve component after honorable active-duty service. Provides definitions, exceptions, and conditions. Allows such qualifying individuals up to 36 months of educational assistance. Authorizes the transfer of such entitlement to a spouse or child, or combination thereof, under certain conditions. Provides for the payment of additional educational expenses (books and supplies). Provides educational assistance amounts, with amounts for fiscal years after 2000 based on increases in the Consumer Price Index. Allows qualifying individuals to also receive tutorial assistance, with a maximum of $1,200 in such assistance per individual. (Sec. 102) Requires each State veterans education development agency (currently, each State approving agency) to: (1) actively promote the development of on-job training programs for veterans; and (2) give priority to programs that provide training to veterans with disabilities. Requires (currently authorizes) such agency to approve educational courses offered for participation in VEAP. Title II: Education and Training - Makes eligible for veterans' job counseling, training, and placement services veterans with existing employment barriers and recently separated veterans. Designates veterans' case managers and veterans' employment facilitators for service under such programs. Replaces program references to the Job Training and Partnership Act and the Veterans' Job Training Act with references to the Workforce Investment Act of 1998. Authorizes the Secretary to make grants or contract with entities which agree to provide employment and training services for veterans, requiring such grants or contracts to be awarded on a competitive basis. Outlines requirements for entities providing services under the program. Provides grant terms, conditions, and limitations. Directs the Secretary to make available necessary funds to support the veterans' case managers and veterans' employment facilitators designated above. Outlines veterans' services required to be performed by such managers and facilitators. Includes within a study to be conducted by the Secretary concerning unemployment among certain veterans those veterans who served on active duty after the Vietnam era who did or did not serve in a campaign or expedition for which a campaign badge has been authorized. Directs the Secretary of Labor to resolve certain discrepancies regarding the number of veterans who use State employment services, and to report to the appropriate congressional committees. (Sec. 202) Directs the Secretary to require that performance measurements for the veterans' vocational rehabilitation program focus on specified outcome measures, including those who actually enter employment. Requires all case management and employment services under such program to be provided exclusively by Department of Veterans Affairs (Department) personnel or by a veterans' case manager. Makes this section effective on October 1, 2000. (Sec. 203) Authorizes appropriations to the Department of Defense (DOD) for a program under which the Secretary of Labor furnishes counseling and other employment and training assistance to military personnel being separated from active duty, and the spouses of such members. Requires appropriations increases for FY 2000 and each succeeding fiscal year based on Consumer Price Index increases. (Sec. 204) Provides deadlines for the commencement of preseparation counseling for military personnel prior to their retirement, discharge, or release from duty. Requires a member to be considered involuntarily separated, for purposes of such benefits, if the member is being discharged or released as the result of a force- management reduction. (Sec. 206) Requires appropriate support from the Secretary to the Secretary of Labor with respect to employment, training, and other transitional assistance provided to separated military personnel. (Sec. 207) Provides a priority in the provision of veterans' employment, training, or related services for disabled veterans, veterans with employment barriers, and veterans separated from active duty for less than four years. (Sec. 208) Establishes within the executive branch the Veterans' Employment Network to: (1) raise employer awareness of the advantages of hiring separating and recently separated servicemembers and veterans; (2) facilitate the employment of such individuals through national electronic labor exchanges; and (3) foster, and facilitate the coordination of, Federal, State, and local governmental programs marketing the employment of such individuals. Authorizes appropriations for FY 2000 and thereafter. (Sec. 209) Directs the Secretary of Labor to design, establish, and maintain on the Internet an electronic site to be known as the Veterans and Servicemembers Internet Site which shall match veterans and servicemembers with prospective employers. Requires the site to be publicized to prospective employers, veterans, and military and veterans' associations. (Sec. 210) Amends Federal employment provisions to: (1) eliminate the reduction in retired pay for officers who become federally employed after such retirement, in the case of officers who become eligible to begin receiving such retired pay after December 31, 1999; (2) repeal a provision limiting post-retirement employment of retired military personnel within DOD; (3) provide that, for purposes of maximum age entry limitations for Federal fire fighters and law enforcement officers, a veteran's actual age shall be considered decreased by the period of active military duty served; and (4) authorize the accrual of annual leave with pay for Federal employees who are Vietnam era veterans. (Sec. 214) Requires any solicitation issued by the Departments of Defense, Labor, or Veterans Affairs for the procurement of real or personal property or nonpersonal services to require each offeror to include: (1) a description of the offeror's program for hiring and promoting qualified eligible veterans; and (2) an affirmative commitment to hire eligible veterans as a specific percentage of the workforce. Title III: Health Care - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to: (1) revise the fees charged for the provision of transitional health care coverage for certain former military personnel; (2) provide that such coverage shall be secondary to any other private health care plan or insurance; and (3) direct the Secretary of Defense to timely notify all persons eligible for such revised benefits. (Sec. 302) Directs the Secretaries of Defense and Veterans Affairs (the Secretaries) to: (1) jointly establish policies for the unified procurement within their respective departments of pharmaceuticals, medical and surgical supplies, and medical equipment; and (2) enter into a memorandum of understanding for implementing such policies. Provides funding. (Sec. 303) Directs the Secretaries to develop and maintain a clinically-based medications formulary for use by their respective departments. Allows the Secretaries to procure items listed on the formulary without seeking competition. (Sec. 304) Prohibits, after one year after the enactment of this Act, any medical or surgical product from being procured for either department's health care system unless the product bears a universal product number, or unless such product has been excepted from such requirement by considerations of health and safety. (Sec. 305) Directs the Secretaries to jointly: (1) establish a single solicitation for the replacement of the existing legacy medical information management systems within their departments with integrated and interoperable systems; (2) develop policies to ensure that commercially available technology is used to enhance or replace parts of such system; and (3) develop and maintain a common set of technical and data standards to facilitate data exchange between such systems. (Sec. 306) Directs the Secretaries to undertake a program to ensure public awareness of the benefits of the health-care research that their departments conduct, requiring a financial return on such research programs. (Sec. 307) Directs the Secretaries to conduct a pilot program during FY 2000 and 2001 under which hospital care and medical services authorized to be furnished by contract are furnished by contractors under contracts entered into under the TRICARE Program (a DOD managed health care program). (Sec. 308) Directs the Secretaries and the Secretary of Health and Human Services to jointly review the various forms of Federal support provided to teaching hospitals and medical schools. Directs the Secretaries to jointly review the extent and nature of the collaboration between the graduate medical programs of their departments and to take necessary action to achieve opportunities for greater collaboration. (Sec. 309) Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to authorize appropriations for FY 2000 for the Department's program for homeless veterans. Requires the Secretary to direct that a significant portion of the savings achieved by the Veterans Health Administration through the closure of acute care beds is redirected to the furnishing of community-based residential treatment to homeless veterans. Directs the Secretary to utilize current authority to enter into enhanced-use leases to provide support for such care. Amends the Stewart B. McKinney Homeless Assistance Act to extend through FY 2001 the authorization of appropriations for the homeless veterans reintegration project. Title IV: Economic Equity - Part A: Home Loan Guaranty Program - Revises the loan limits for Department-guaranteed loans made to veterans for the purchase or construction of homes. (Sec. 402) Makes permanent (currently terminates on October 27, 1999) a program providing Department-guaranteed housing loans to members and former members of the Selected Reserve. Directs the Secretary of Defense to develop and implement a system for issuing certificates to such members representing their eligibility for such loans after completion of their required duty period. (Sec. 403) Exempts from Department-guaranteed loan fee requirements a veteran who first entered active duty after the date of enactment of this Act. (Sec. 404) Directs the Secretary to conduct in selected test sites a pilot program of revised procedures in cases of veterans' defaults of Department-guaranteed loans. Prohibits conveyance to the Secretary of the property that secured such loan. Directs the Secretary to publish proposed rules for notice and comment regarding the procedures for liquidating loans and paying guaranty claims under the program. Terminates the pilot program after five years. Part B: Other Programs - Authorizes members of the armed forces serving on active duty to participate in the Thrift Savings Plan, limiting member contribution to five percent of basic pay plus any reenlistment bonus. Prohibits matching Federal contributions on behalf of such members. (Sec. 412) Establishes in the Office of the Secretary the Office of Veterans Business Assistance to provide veterans with: (1) access to information regarding services and assistance available to veterans who wish to operate small businesses and other subjects of use to such veterans; (2) assistance in gaining access to business capital; (3) management assistance; and (4) assistance in gaining access to markets for their products or services. Requires the Office to create and maintain an information clearinghouse through an Internet electronic site regarding Federal, State, local, and private sector programs of assistance to veterans and others. Amends the Small Business Act to: (1) provide a target of $10 million per fiscal year for loans to veterans' small businesses; (2) include disabled veterans' small businesses within certain Federal subcontracting goals; and (3) include veterans' and disabled veterans' small businesses within certain Federal procurement goals. Provides preliminary goals for the Departments of Defense, Labor, and Veterans Affairs for participation by veterans' small businesses in Federal prime contract and subcontract awards. Directs the Secretary, the Secretary of Labor, and the Administrator of the Small Business Administration to jointly develop and submit to the President a program of comprehensive outreach to assist veteran entrepreneurs. (Sec. 413) Terminates the Persian Gulf War period on February 28, 1993, for purposes of eligibility for veterans' benefits and assistance. Title V: Organizational Structure - Directs the Department's Under Secretary for Health and DOD's Assistant Secretary for Health Affairs to establish a unified, joint policy staff responsible for: (1) identifying opportunities to increase joint, cooperative, and coordinated operations of the health care systems of such departments and the sharing of health care resources; and (2) initiating, facilitating, and monitoring efforts to utilize such opportunities. (Sec. 502) Requires any person who is an eligible health care beneficiary of either the Department or DOD to be eligible to receive from the other department the same health care services that such beneficiary is eligible to receive from the department of which the person is a primary beneficiary. Directs the Secretaries to jointly establish policies and procedures for their respective departments to furnish health care to beneficiaries of the other department. (Sec. 503) Directs the Secretaries to jointly enter into an agreement with an independent entity for the study of the physical infrastructure, the organizational structures, and the operations of the health care systems of the Departments of Defense and Veterans Affairs. (Sec. 504) Directs the Secretaries to: (1) review the geographic boundaries of the administrative structures of the field operations of their respective health care systems; and (2) take such action to make such boundaries congruent, except where doing so would interfere with the efficient furnishing of quality health care services. (Sec. 505) Directs the Secretary of Defense, at the time of the award or extension of TRICARE contracts, to recognize as military treatment facility equivalents within the geographic areas covered under such contracts Department of Veterans Affairs health care facilities that: (1) agree to furnish health care services to DOD beneficiaries at or below the prices than non-government facilities would charge; (2) are capable of furnishing care of acceptable quality; and (3) certify that they are able to provide such services without detriment to the furnishing of care to veterans.
Bill· HRH.R. 610 (106th)referred
United States · United States Congress · 4 February 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of comprehensive settlement or judgment reached in litigation initiated or pursued by a State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that) the Secretary of Health and Human Services finds that specified conditions will be met, including that the State has filed a plan with the Secretary that outlines specified expenditure guidelines requiring, among other things, that at least 40 percent of recovered amounts for a fiscal year be spent on certain smoking reduction programs such as smoking cessation programs and other anti-smoking programs and activities as well as school-based education programs. Requires recovered amounts not spent for such purposes to be spent only on various specified essential public health services, including described public health monitoring, enforcing, and evaluating activities. Provides that: (1) if the Secretary determines that recovered amounts are not being spent accordingly the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under Medicaid; and (2) amounts equivalent to the reductions in payments under Medicaid that are attributable to such recoveries which are not recouped or offset because of the first paragraph of this Act shall be deposited by the Secretary in a separate fund in the Treasury for use in carrying out Federal grant- in-aid programs to reduce tobacco use among minors. Makes this Act effective with regard to amounts recovered or paid to a State before, on, or after the enactment of this Act.
Bill· HRH.R. 597 (106th)referred
United States · United States Congress · 4 February 1999
Faces of AIDS Stamp Act of 1999 - Amends Federal law to require the Postal Service to establish a special rate of postage for first class mail that is up to 25 percent higher than the regular rate as a voluntary alternative that the public may use to contribute to funding for Acquired Immune Deficiency Syndrome (AIDS) research and education. Requires 50 percent of collected amounts to be paid to the National Institutes of Health (NIH) and the remainder to the Department of Health and Human Services (HHS) for AIDS awareness education grant programs. Expresses the sense of the Congress that nothing in this Act should: (1) cause a net decrease in total funds received by NIH, HHS, or any other Federal agency or instrumentality below the level that would have otherwise been received but for this Act's enactment; or (2) affect first-class or other regular postage rates. Requires special postage stamps to be made available to the public.
Bill· HRH.R. 570 (106th)open
United States · United States Congress · 4 February 1999
Education IRA Fairness Act of 1999 - Amends the Internal Revenue Code to extend the deadline for contributions to education individual retirement accounts for a taxable year to the due date for filing the return for the taxable year.
Bill· HRH.R. 591 (106th)referred
United States · United States Congress · 4 February 1999
Measures to Encourage Results in Teaching Act of 1999 - Amends title II (Dwight D. Eisenhower Professional Development Program) of the Elementary and Secondary Education Act of 1965 to establish a new part D (State Incentives for Teacher Testing and Merit Pay). Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit. Allows States to use Federal education funds for teacher testing and merit pay programs.
Bill· HRH.R. 600 (106th)referred
United States · United States Congress · 4 February 1999
Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (of up to $1,000) for the qualified educational expenses (tuition, attendance fees, books, supplies, equipment, but excluding meals and lodging) paid by a taxpayer for the education of each individual with respect to whom the taxpayer is allowed a deduction as a dependent. Provides for: (1) the inclusion of certain home schooling expenses; and (2) adjustments for certain scholarships. Defines "eligible educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school providing elementary or secondary education.
Bill· HRH.R. 588 (106th)referred
United States · United States Congress · 4 February 1999
Amends the Internal Revenue Code to permit private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Revises provisions concerning distributions for qualified education expenses.
Bill· SS. 348 (106th)referred
United States · United States Congress · 3 February 1999
National Oilheat Research Alliance Act of 1999 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines "oilheat industry" to include those persons involved in the production, transportation, and sale of oilheat, and those engaged in the manufacture and distribution of oilheat utilization equipment in the United States (but excludes the ultimate consumers of oilheat). Permits State industry trade association participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate; and (2) establish a program coordinating its operation with that of any similar State, local, or regional program. Prescribes allocation guidelines governing Alliance funds made available to a qualified State association. Conditions fund availability upon the Alliance's determination that the funds will be used to benefit the oilheat industry directly. Empowers the Alliance to bring suit in Federal district court to compel compliance with any assessments it levies. Mandates that Alliance-funded consumer education activities include a statement that they were supported by the Alliance. Prohibits such consumer education activities from including: (1) a reference to a private brand name if such activities were undertaken with funds derived from Alliance assessments; (2) a false or unwarranted claim on behalf of oilheat or related products; or (3) a reference regarding the attributes or use of any competing product. Prescribes procedural guidelines for the filing and transmittal of complaints, including judicial review in Federal court.
Bill· SS. 342 (106th)open
United States · United States Congress · 3 February 1999
TABLE OF CONTENTS: Title I: Authorization of Appropriations Subtitle A: Authorizations Subtitle B: Limitations and Special Authority Title II: International Space Station Title III: Miscellaneous Provisions National Aeronautics and Space Administration Authorization Act for Fiscal Years 2000, 2001, and 2002 - Title I: Authorization of Appropriations - Subtitle A: Authorizations - Authorizes appropriations for FY 2000 through 2002 for the National Aeronautics and Space Administration (NASA) for: (1) the International Space Station; (2) launch vehicle and payload operations; (3) science, aeronautics, and technology, including a specified amount for the Experimental Program to Stimulate Competitive Research; (3) mission support; (4) the Inspector General. Subtitle B: Limitations and Special Authority - Sets forth limitations on and special authorities for the use of funds, with prior notice to the Congress: (1) for the construction of new facilities and the repair, rehabilitation, or modification of existing facilities; and (2) in excess of authorizations or for programs not funded by the Congress. Title II: International Space Station - Prohibits funds or in-kind payments from being transferred to any Russian Government entity or Russian contractor to perform work on the International Space Station which the Russian Government pledged to provide at its expense. Sets forth specified exceptions. (Sec. 201) Directs the Administrator of NASA to develop and deliver to Congress a contingency plan for the removal or replacement of each Russian Government element of the International Space Station that lies in the Station's critical path, as well as Russian space launch services. Directs the Administrator to report bimonthly, on or before December 1, 1999, and until substantial completion of the assembly of the Space Station, to Congress whether or not the Russians have performed work expected of them and necessary to complete the Space Station. Directs the President to notify Congress of the decision on whether or not to proceed with permanent replacement of the Russian Service Module, other Russian elements in the critical path of the Space Station, or Russian launch services. (Sec. 202) Limits (excluding funding and costs of the Station and space shuttle launch with respect to operations, research, and crew return activities subsequent to substantial completion of the Space Station) the total amount that may be appropriated for: (1) assembly costs of the Space Station; and (2) space shuttle launch costs in connection with Space Station assembly. Provides for increases attributable to: (1) inflation; (2) compliance with changes in Federal, State, or local laws enacted; and (3) the lack of performance or the termination of participation of any of the participating countries; and (4) the incorporation of new technologies. Requires the Administrator to provide written notices of such increases to specified congressional committees. Requires the Administrator, as part of the annual Shuttle program and Station budget request, to identify the costs for assembly and development of the Space Station. (Sec. 203) Authorizes the Administrator to reciprocally waive claims with cooperating parties under which each party agrees to be responsible for damage or loss to its property, or for losses resulting from injury or death sustained by its employees, as a result of activities related to the Space Station Program. Title III: Miscellaneous Provisions - Amends the National Aeronautics and Space Act of 1958 to require: (1) the President to submit to the Congress the annual aeronautics and space report in May (currently, January); and (2) such report to address activities on a fiscal (currently, calendar) year basis. Permits the Administrator to delay, for up to five years after development, the unrestricted public disclosure of technical data generated in the performance of experimental, developmental or research activities or programs conducted or funded by NASA if such data would have been a trade secret or commercial or financial information that is privileged or confidential under the Freedom of Information Act (FOIA) if it had been obtained from a non-Federal party. Declares that such data shall not be subject to FOIA disclosure requirements. (Sec. 302) Requires the Administrator to consider closed military installations and excess or underutilized Government facilities for meeting NASA's requirements. Encourages NASA to make the underutilized Stennis Space Center infrastructure available for launch vehicle development activities if so requested by the U.S. space launch industry and to notify the Science Committees if existing Administration authority is insufficient for this purpose. (Sec. 304) Requires the Administrator to provide notice to the Science Committees and the House and Senate Appropriations Committees on reprogramming and reorganization matters. (Sec. 305) Expresses the sense of the Congress regarding NASA assessing, correcting, and developing contingency plans for its year 2000 date-related computer problem. (Sec. 306) Amends the Unitary Wind Tunnel Plan Act of 1949 to include hypersonic wind tunnel construction within the scope of covered research and development facilities. (Sec. 307) Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools to enhance science and mathematics programs. Requires the Administrator to submit annual reports on such donations to the Congress. (Sec. 308) Amends the National Aeronautics and Space Act of 1958 to permit the Administrator to vest title in tangible personal property to a participant in a cooperative agreement if the participant's primary purpose is research or technology development. (Sec. 309) Amends the Federal Acquisition Streamlining Act of 1994 to modify the applicability and cost limits of, and extend the authority for, the NASA Mid-Range Procurement Test Program. (Sec. 310) Amends Federal law to prohibit the launch of a payload containing material for obtrusive space advertising. Requests the President to negotiate with foreign launching nations for the purpose of reaching agreements prohibiting the use of outer space for obtrusive space advertising, and expresses the sense of the Congress that the President should take action to enforce the terms of any such agreement.
Bill· HRH.R. 555 (106th)referred
United States · United States Congress · 3 February 1999
Equal Protection School Finance Act - Provides for a system to help equalize funding for education within States. Makes a State ineligible for Federal funds administered by the Department of Education to support elementary and secondary education unless the coefficient of variation of per pupil expenditures in local educational agencies statewide for elementary and secondary education is greater than ten percent. Authorizes the Secretary of Education to provide such funding to a noncompliant State if that State submits a plan which the Secretary determines will bring the State into compliance within five years. Sets forth procedures for compliance reporting, certification, and challenges. Directs the Secretary to reallocate to compliant States, and States developing or implementing compliance plans, any funds that are not distributed to noncompliant States.
Bill· HRH.R. 489 (106th)referred
United States · United States Congress · 2 February 1999
TABLE OF CONTENTS: Title I: Child Care and Development Services Title II: Strengthening the 21st Century Community Learning Centers Act Title III: Crime Prevention Program America After School Act - Title I: Child Care and Development Services - Amends the Child Care and Development Block Grant Act of 1990 to authorize and to make appropriations for FY 2000 through 2004 for new and expanded programs for child care and development services, including direct services provided outside of normal school hours, to promote the health and academic achievement of school age children, and assist the children in avoiding high risk behaviors. (Sec. 104) Requires each State that receives a block grant under such Act to use certain reserved funds to make grants to elementary or secondary schools or community-based organizations to expand the availability and affordability of quality child care and development services, especially direct services provided outside of normal school hours (including before- and after-school care and weekend, holiday, and summer care) for school age children. Requires grant preference to entities that: (1) serve communities with a high rate of poverty and a high incidence of at-risk children; and (2) propose programs that make certain transportation services available to the children served. Requires the use of grant funds for direct services outside of normal school hours, related quality services, and indirect services. Title II: Strengthening the 21st Century Community Learning Centers Act - Amends the 21st Century Community Learning Centers Act to require that discretionary grants be awarded to local educational agencies (LEAs) for supporting certain programs of public elementary schools or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth. (Sec. 201) Increases the maximum duration of such a grant from three to five years. (Sec. 202) Requires the LEA to demonstrate that it will provide specified portions of the annual costs of project-assisted activities from sources other than such grant funds. (Sec. 203) Requires the use of grant funds to establish or expand community learning centers that provide activities that offer expanded learning opportunities for children and youth in the community (such as activities conducted before or after school), and which may include any of the currently authorized activities. (Sec. 204) Authorizes continuation awards of FY 1998 grants. (Sec. 205) Extends the authorization of appropriations for such Act. Title III: Crime Prevention Program - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish the After School Crime Prevention program. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to public and private agencies to fund effective after school juvenile crime prevention programs. Requires grantees to make available non-Federal matching funds in percentages determined by the Administrator. Requires grant priority to programs that: (1) are targeted to high crime neighborhoods or at-risk juveniles; (2) operate during the period immediately following normal school hours; (3) provide educational or recreational activities designed to encourage law-abiding conduct, reduce the incidence of criminal activity, and teach juveniles alternatives to crime; and (4) coordinate with State or local juvenile crime control and juvenile offender accountability programs. (Sec. 301) Authorizes appropriations.
Law· HRH.R. 441 (106th)enacted
United States · United States Congress · 2 February 1999
Nursing Relief for Disadvantaged Areas Act of 1999 - Amends the Immigration and Nationality Act to establish a four-year nonimmigrant (H-1C visa) classification for nonimmigrant registered nurses in health professional shortage areas. Requires that an alien: (1) have a full foreign nursing license or has received U.S. nursing education; (2) have passed an appropriate examination or is a licensed nurse in the State of intended employment; and (3) be fully eligible to begin work in the petitioning facility. Requires the facility to file an employment attestation with the Department of Labor with respect to such alien (or aliens) evidencing that: (1) similarly employed nurse's wages and conditions will not be adversely affected; (2) the alien's wages will be the same as other similarly employed nurses; (3) steps are being taken to recruit U.S. nurses (as set forth by this Act); (4) no labor dispute is involved; (5) no more than one-third of the facility's registered nurses will be H-1C aliens; and (6) employment will not be performed at a facility other than the petitioning facility. Directs the Secretary of Labor to: (1) compile a public list of petitioning facilities; (2) establish a process for complaint receipt, investigation, and disposition (including civil monetary penalties) against a noncomplying facility; and (3) impose an attestation filing fee of up to $250. Limits: (1) aggregate fiscal year H-1C entrants to 500; and (2) fiscal year entrants in any one State to 25 and 50 in States with less or more than nine million inhabitants, respectively. Defines "facility" as a hospital: (1) in a health shortage area; (2) with at least 190 acute care beds; and (3) with at least 35 percent and 28 percent of its patients being Medicare and Medicaid patients, respectively. Repeals the nonimmigrant nursing program (H-1A visa). (Sec. 3) Directs the Secretary and the Secretary of Health and Human Services to recommend: (1) an alternative to the H-1C program as a permanent remedy to the registered nurse shortage; and (2) a more effective program enforcement system. (Sec. 4) Amends the Immigration and Nationality Act to exempt certain nurses and physical therapists from foreign health care worker certification requirements.
Law· HRH.R. 435 (106th)enacted
United States · United States Congress · 2 February 1999
TABLE OF CONTENTS: Title I: Miscellaneous Trade Corrections Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions Subtitle A: Temporary Duty Suspensions and Reductions Subtitle B: Trade Provisions Title III: Amendments to Internal Revenue Code of 1986 Miscellaneous Trade and Technical Corrections Act of 1999 - Title I: Miscellaneous Trade Corrections - Makes various specified miscellaneous technical corrections to the Trade Act of 1974 and other specified Federal law involving: (1) abolishment of the East-West Foreign Trade Board; (2) repeal of the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits; (3) repeal of the exemption of documented tugs with a Great Lakes endorsement from certain entry and clearance requirements; (4) change of general most-favored-nation (MFN) status to general or normal trade relations (NTR) status under the Harmonized Tariff Schedule of the United States; and (5) conforming amendments to obsolete references to the General Agreement on Tariffs and Trade (GATT). (Sec. 1003) Amends the Harmonized Tariff Schedule of the United States to allow certain entries of television receivers, monitors, and picture tubes, and combination TV-VCRs with a diagonal measurement of up to 34.29cm (currently, 33.02 cm), or 13.5 inches, to be classified as 13 inches for purposes of tariff treatment under the Schedule. Directs the Customs Service, upon proper request, to liquidate or reliquidate certain entries made on or after January 1, 1995, and before 15 days after enactment of this Act, as if such amendment applied to such entries. Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions - Subtitle A: Temporary Duty Suspensions and Reductions - Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty suspensions for: (1) specified chemicals and dyes through December 31, 2001; (2) snowboard boots with uppers of textile materials through December 31, 2001; (3) ink-jet textile printing machinery through December 31, 2001; (4) textile printing machinery through December 31, 2001; (5) substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale through December 31, 2001; (6) power weaving machines (looms), shuttle type, for weaving fabrics between 30 cm and 4.9m in width, if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams, through December 31, 2001; (7) skating boots for use in the manufacture of in-line roller skates through December 31, 2001; (8) dual thrust chamber rocket engines, each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127cm, through December 31, 2001; (9) certain manufacturing equipment through December 31, 2001; (10) textured rolled glass sheets through December 31, 2001; (11) certain anti-HIV drug substances through June 30, 1999; (12) certain high-performance loudspeakers not mounted in their enclosures, through December 31, 2001; (13) parts for use in the manufacture of certain high-performance loudspeakers through December 31, 2001; and (14) certain polymers through December 31, 2001. (Sec. 2129) Reduces the duty on a certain dye and on certain chemicals variously through December 31, 1999, December 31, 2000, and December 31, 2001. (Sec. 2161) Reduces the duty, through December 31, 2001, on weaving machines (looms), shuttleless type, for weaving fabrics between 30cm and 4.9m in width, entered without off-loom or large loom takeups, drop wires, heddles, reeds, harness frames, or beams. Subtitle B: Other Trade Provisions - Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States. (Sec. 2401) Mandates treatment as a product of the Virgin Islands, Guam, or American Samoa, during 1999 and 2000, of any article of jewelry assembled in such territory or possession. (Sec. 2402) Provides for the tariff treatment of certain components of scientific instruments and apparatus, as well as the application of the domestic equivalency test to such components. (Sec. 2403) Directs the U.S. Customs Service to liquidate or reliquidate (refund duty on) certain entries made at Los Angeles, California, and New Orleans, Louisiana, in accordance with the final decision of the International Trade Administration for shipments entered between October 1, 1984, and December 14, 1987 (case number A- 274-001). (Sec. 2404) Amends the Tariff Act of 1930 to provide that packaging material produced in the United States (currently, any packaging material), which is used by the manufacturer or any other person on or for articles which are exported or destroyed, shall also be eligible for a refund (drawback) of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material. (Sec. 2405) Directs the Secretary of the Treasury, by January 1, 2000, to provide for the inclusion of commercial importation data from foreign-trade zones in the National Customs Automation Program (an automated and electronic system for processing commercial importations). (Sec. 2406) Permits the deferral (until sale) of duty payment on any large yacht (a vessel exceeding 79 feet in length and used primarily for recreation or pleasure) that is imported for sale at a boat show, if the importer of record: (1) certifies to the Customs Service that it is imported for sale at a boat show in the United States; and (2) posts a bond in an amount equal to twice the amount of the duty ordinarily owed on such yacht. (Sec. 2407) Directs the appropriate customs officer to allow or deny within 30 days after the filing date any application for further review with respect to a protest to a decision of the Customs Service. Requires that any allowed protest be forwarded to the customs officer who will conduct the further review. (Sec. 2408) Authorizes the Customs Service, notwithstanding the fact that a valid protest was not filed, to reliquidate an entry to refund merchandise processing fees paid on goods qualifying under the North American Free Trade Agreement (NAFTA) rules of origin for which no claim for preferential tariff treatment was made at the time of importation, provided that the importer meets certain conditions. (Sec. 2409) Authorizes the entry or withdrawal from a warehouse of international travel merchandise subject to a duty. (Sec. 2410) Revises requirements with respect to the five-year review by the administering authority and the International Trade Commission of countervailing duty or antidumping duty orders, notices of injury determination, or determinations to continue an order or suspension agreement. Excludes from the computation of the five-year period preceding such a review any period during which the importation of the subject merchandise is prohibited on account of U.S. imposition of certain sanctions under the International Emergency Economic Powers Act or other Federal law against the country in which such merchandise originates, if that country is not a member of the World Trade Organization. (Sec. 2411) Applies the rates of duty effective after December 31, 1994, under the Harmonized Tariff Schedule of the United States, if lower, to certain water resistant wool trousers that were entered, or withdrawn from warehouse for consumption, after December 31, 1988, and before January 1, 1995. (Sec. 2412) Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation. (Sec. 2413) Grants duty-free treatment, through December 31, 2002, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. (Sec. 2414) Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. (Sec. 2415) Directs the U.S. Customs Service to provide for the liquidation or reliquidation (refund) of certain entries in accordance with the provisions of Treasury Decision 86-126(M) and Customs Ruling No. 224697, dated November 17, 1994. (Sec. 2417) Amends the Tariff Act of 1930 to authorize duty-free sales enterprises to be located, among other places, within a port of entry, or within 25 statute miles of a staffed port of entry, if reasonable assurance can be provided that the duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the territory. (Sec. 2418) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services. Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems. Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the Customs Service. Amends the Tariff Act of 1930 to authorize the Secretary, for a specified period, to prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided. (Sec. 2419) Allows a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met. (Sec. 2420) Revises the methodology used to calculate the drawback (refund of duties) on the export of finished petroleum derivatives that have been manufactured with (substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article. (Sec. 2421) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries of mueslix cereal; and (2) refund to the importer any excess duties paid with respect to such entries. (Sec. 2422) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997. (Sec. 2423) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements. (Sec. 2424) Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (normal trade relations treatment) to Mongolian products. (Sec. 2425) Authorizes the Commissioner of the Customs Service to establish a pilot program for FY 1999 to provide 24-hour cargo inspection service on a fee-for-service basis at a certain international airport. (Sec. 2426) Directs the Department of Defense to permit the dependent children of deceased U.S. Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System at Ford Buchanan, Puerto Rico, to complete their primary and secondary education without cost to them or any parent or relative. End of downloaded material Title III: Amendments To Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.
Bill· HRH.R. 485 (106th)referred
United States · United States Congress · 2 February 1999
University of the District of Columbia Equal Educational Status Act of 1999 - Amends the Higher Education Act of 1965 (HEA) to repeal a specified restriction on the eligibility of the University of the District of Columbia for assistance for Historically Black Colleges and Universities, under HEA title III part B.
Bill· HRH.R. 455 (106th)referred
United States · United States Congress · 2 February 1999
Teacher Technology Training Act - Authorizes the Secretary of Education, through the Office of Educational Technology, to award grants to certain local educational agencies (LEAs) to provide classroom-related computer training to credentialed teachers. Allows such grants to be awarded for up to three years to LEAs in States in the Department of Education's Baby Boom Echo Report which are projected to have an increase in student enrollment of not less than 20,000 in public elementary and secondary schools during the next ten years. Requires grant applications to include a certification that the LEA has developed a progression of computer training for teachers that begins with basic classroom-related computer training and progresses through to a superior level of proficiency throughout the LEA. Directs the Secretary to provide at least one grant in each identified State to an eligible LEA that meets qualifications established by the Secretary. Authorizes the award of grants to additional eligible LEAs in such States based on application quality and school enrollment levels. Limits the amount of each grant award. Allows LEA use of grant funds to provide training by LEA personnel on school premises. Sets forth requirements relating to program evaluation, dissemination of results, and administrative costs. Authorizes appropriations.
Bill· HRH.R. 464 (106th)referred
United States · United States Congress · 2 February 1999
Higher Education Affordability and Availability Act - Amends the Internal Revenue Code to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions.
Resolution· HRESH.Res. 32 (106th)passed
United States · United States Congress · 2 February 1999
Supports the aspirations of the Indonesian people for democratic elections. Urges the Government of Indonesia to: (1) take all steps to ensure that the parliamentary elections scheduled for June 7, 1999, are free, fair, and transparent, according to internationally recognized standards, and that an institutional capacity is put in place for free and fair elections in the future; and (2) enact election laws that ensure that the people's will is respected, both in such parliamentary elections and in the general session of the People's Consultative Assembly that will elect a new President and Vice President later in 1999. Appeals to all political leaders and responsible persons to strive to ensure that the campaign period remains peaceful. Calls upon all Indonesian political parties, the armed forces, and the public to respect the results of free and fair elections. Recognizes with approval the activities of domestic and international nongovernmental organizations in the areas of voter education, technical assistance, and election monitoring. Acknowledges the important financial support provided for the elections by the U. S. Agency for International Development. Calls upon: (1) other countries to provide financial support for the elections; and (2) the Speaker and minority leader of the House of Representatives to designate congressional observers for the June 7, 1999, election.
Resolution· HCONRESH.Con.Res. 20 (106th)referred
United States · United States Congress · 2 February 1999
Urges all international organizations, foreign countries, and U.S. agencies engaged in economic development, humanitarian, and other forms of bilateral or multilateral assistance to evaluate the ability of such assistance to achieve the amelioration of human suffering in each region of Somalia. Urges the President not to delay, diminish, or cancel the amounts and kinds of assistance: (1) otherwise appropriate to the people of certain regions in Somalia because conditions may not be propitious for such assistance in other Somali regions; and (2) directed toward any region in Somalia waiting for a permanent resolution of the efforts now underway to forge a new government for Somalia. Calls upon all Somali parties to continue to work toward a permanent end to the civil strife there and the adoption of a permanent governmental structure most conducive to the well-being and basic human rights of all Somali people. Calls on the President to: (1) work with the international community to help bring an end to the suffering of the Somali people and work toward a negotiated settlement of the Somali conflict; (2) increase the levels of humanitarian assistance provided to Somalia; (3) provide funding for demobilization and demining efforts in Somalia; (4) provide assistance in the health and education sectors of Somalia; and (5) work with other donor groups to assist the Somali people in reconstruction and development.
Bill· SS. 326 (106th)open
United States · United States Congress · 28 January 1999
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Research and Quality Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "fully insured group health plan" as one under which benefits are provided pursuant to the terms of an arrangement between a group health plan and a health insurance issuer and are guaranteed by the issuer under a contract or policy of insurance. Requires a group health plan (for purposes of benefits and protections discussed in this subtitle, one other than a fully insured group health plan) covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's fully insured group health plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness. Declares that a plan shall not prohibit or otherwise restrict a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Requires any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1999 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Research and Quality - Healthcare Research and Quality Act of 1999 - Amends the PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Research and Quality to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess health care research results, particularly to rate the strength of the scientific evidence behind health care practice, recommendations in research literature, and technology assessments. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Provider-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Authorizes the Agency to provide specified scientific and technical support for private and public efforts to improve health care quality, including activities of accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of health care; (2) support research on and initiatives to advance the use of information systems for the study of health care quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Research to serve as the principal funding source for HHS primary care research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and health care technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes. Establishes an Advisory Council for Healthcare Research and Quality to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Miscellaneous Provisions - Expresses the sense of the Senate Committee on Health, Education, Labor, and Pensions that Congress should take measures to further the purposes of this Act, including necessary changes to the Internal Revenue Code or other Acts to: (1) promote equity and prohibit discrimination based on genetic information with respect to the availability of health benefits; (2) allow the full deduction of health insurance costs for the self-employed; (3) provide for the full availability of medical savings accounts; (4) provide for the carryover of unused benefits from cafeteria plans and other flexible arrangements; and (5) permit contributions to medical savings accounts through the Federal employees health benefits program.
Bill· SS. 330 (106th)open
United States · United States Congress · 28 January 1999
Methane Hydrate Research and Development Act of 1999 - Directs the Secretary of Energy to commence a methane hydrate research and development program. Authorizes the Secretary to: (1) award program grants or contracts to, or enter into cooperative agreements with, institutions of higher education and industrial enterprises; and (2) establish a panel to provide advice on applications of methane hydrate and priorities for the program. Limits to five percent the amount of program funding that can be used for administrative expense and prohibits funding for building construction. Requires the Secretary, in awarding such grants or contracts or entering into such cooperative agreements, to: (1) facilitate and develop partnerships among government, industry, and institutions of higher education; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to the Congress on accomplishments. Amends the Mining and Minerals Policy Act of 1970 to: (1) define "methane hydrate"; and (2) redefine "marine mineral resource" to include methane hydrate. Authorizes appropriations.
Bill· SS. 316 (106th)referred
United States · United States Congress · 27 January 1999
TABLE OF CONTENTS: Title I: Child Care and Development Services Title II: Strengthening the 21st Century Community Learning Centers Act Title III: Crime Prevention Program America After School Act - Title I: Child Care and Development Services - Amends the Child Care and Development Block Grant Act of 1990 to authorize and to make appropriations for FY 2000 through 2004 for new and expanded programs for child care and development services, including direct services provided outside of normal school hours, to promote the health and academic achievement of school age children, and assist the children in avoiding high risk behaviors. (Sec. 104) Requires each State that receives a block grant under such Act to use certain reserved funds to make grants to elementary or secondary schools or community-based organizations to expand the availability and affordability of quality child care and development services, especially direct services provided outside of normal school hours (including before- and after-school care and weekend, holiday, and summer care) for school age children. Requires grant preference to entities that: (1) serve communities with a high rate of poverty and a high incidence of at-risk children; and (2) propose programs that make certain transportation services available to the children served. Requires the use of grant funds for direct services outside of normal school hours, related quality services, and indirect services. Title II: Strengthening the 21st Century Community Learning Centers Act - Amends the 21st Century Community Learning Centers Act to require that discretionary grants be awarded to local educational agencies (LEAs) for supporting certain programs of public elementary schools or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth. (Sec. 201) Increases the maximum duration of such a grant from three to five years. (Sec. 202) Requires the LEA to demonstrate that it will provide specified portions of the annual costs of project-assisted activities from sources other than such grant funds. (Sec. 203) Requires the use of grant funds to establish or expand community learning centers that provide activities that offer expanded learning opportunities for children and youth in the community (such as activities conducted before or after school), and which may include any of the currently authorized activities. (Sec. 204) Authorizes continuation awards of FY 1998 grants. (Sec. 205) Extends the authorization of appropriations for such Act. Title III: Crime Prevention Program - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish the After School Crime Prevention program. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to public and private agencies to fund effective after school juvenile crime prevention programs. Requires grantees to make available non-Federal matching funds in percentages determined by the Administrator. Requires grant priority to programs that: (1) are targeted to high crime neighborhoods or at-risk juveniles; (2) operate during the period immediately following normal school hours; (3) provide educational or recreational activities designed to encourage law-abiding conduct, reduce the incidence of criminal activity, and teach juveniles alternatives to crime; and (4) coordinate with State or local juvenile crime control and juvenile offender accountability programs. (Sec. 301) Authorizes appropriations.
Bill· SS. 300 (106th)referred
United States · United States Congress · 22 January 1999
Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services to stabilize an emergency medical condition following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a fully insured group health plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Exempts from this requirement any group health plan (other than a fully insured plan) of a small employer. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan (other than a fully insured plan) and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Defines "fully insured group health plan" as a plan where benefits are provided pursuant to the terms of an arrangement between a group health plan and a health insurance issuer and are guaranteed by the health insurance issuer under a contract or policy of insurance. Subtitle B: Right to Information about Plans and Providers - Amends ERISA, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, to require plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Subtitle D: Miscellaneous Provisions - Amends the Internal Revenue Code to deem the requirements of subtitle B of this Act to be incorporated into the Code. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Requires any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1999 - Amends ERISA, the Public Health Service Act (PHSA) (as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Research and Quality - Healthcare Research and Quality Act of 1999 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Provider-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public-private sector accreditation bodies. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to allow a full deduction from gross income of the health insurance costs of self-employed individuals. (Sec. 502) Repeals the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 503) Allows the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts. (Sec. 504) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Deems subscription charges for MSAs to be the amount of Government contributions.
Bill· SS. 271 (106th)open
United States · United States Congress · 21 January 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.
Bill· SS. 280 (106th)open
United States · United States Congress · 21 January 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.
Bill· SS. 277 (106th)open
United States · United States Congress · 21 January 1999
TABLE OF CONTENTS: Title I: Education Savings Accounts Title II: Dollars to the Classroom Title III: Measures to Enhance Results in Teaching Title IV: Funding for Part B of the Individuals with Disabilities Education Act Title V: Tax Credits for Support of Elementary and Secondary School Students Title VI: Collegiate Learning and Student Savings Educational Opportunities and Excellence Act of 1999 - Title I: Education Savings Accounts - Education Savings Accounts Act of 1999 - Amends the Internal Revenue Code to permit tax-free expenditures from education individual retirement accounts (IRAs) for elementary and secondary education expenses (including tuition, special needs services, home schooling expenses, and transportation expenses) required for attendance at a public, private, or religious school, or for home schooling that meets State or local requirements. Increases from $500 to $2,000, through December 31, 2002, the maximum annual contribution to such an account. Waives the age limitation for special needs beneficiaries. Permits corporations to contribute to education IRAs. Title II: Dollars to the Classroom - Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 202) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Dissemination, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including non-administrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 203) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 204) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools. Title III: Measures to Enhance Results in Teaching - Merit Act of 1999 - Amends title II (Dwight D. Eisenhower Professional Development Program) of ESEA to establish a new part D (State Incentives for Teacher Testing and Merit Pay). (Sec. 302) Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit. (Sec. 303) Allows States to use Federal education funds for teacher testing and merit pay programs. Title IV: Funding for Part B of the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to set forth specified minimum amounts for FY 2000 through 2006 under the authorization of appropriations to carry out IDEA part B (Assistance for Education of All Children with Disabilities). Title V: Tax Credits for Support of Elementary and Secondary School Students - K-12 Community Participation Act of 1999 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools. Title VI: Collegiate Learning and Student Savings - CLASS Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified prepaid tuition programs; and (2) exclude from gross income such program distributions used for qualified higher education expenses. (Sec. 603) Amends the Securities Act of 1933 to exempt from certain coverage securities issued by qualified prepaid tuition programs. Amends the Investment Company Act of 1940 to exempt qualified prepaid tuition programs from the definition of an investment company.
Bill· SS. 289 (106th)referred
United States · United States Congress · 21 January 1999
Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.
Resolution· SRESS.Res. 28 (106th)passed
United States · United States Congress · 21 January 1999
Amends rule XXV (standing committees) of the Standing Rules of the Senate to rename: (1) the Committee on Labor and Human Resources to Committee on Health, Education, Labor, and Pensions; and (2) one of the Committee's subject areas known as "handicapped individuals" to "individuals with disabilities."
Bill· SS. 254 (106th)open
United States · United States Congress · 20 January 1999
TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Juvenile Gangs Title III: Juvenile Crime Control, Accountability, and Delinquency Prevention Subtitle A: Reform of the Juvenile Justice and Delinquency Prevention Act of 1974 Subtitle B: Accountability for Juvenile Offenders and Public Protection Incentive Grants Subtitle C: Alternative Education and Delinquency Prevention Title IV: Miscellaneous Provisions Subtitle A: General Provisions Subtitle B: Jail-Based Substance Abuse Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999 - Title I: Juvenile Justice Reform - Repeals provisions of the Federal criminal code (the code) regarding the surrender to State authorities of juveniles arrested for the commission of Federal offenses. (Sec. 102) Authorizes juveniles age 14 years or older to be tried as adults, with an exception involving Indian country, at the discretion of the U.S. Attorney, in Federal district court for violations of Federal law which are serious violent felonies or serious drug offenses or which are other felony offenses, if the U.S. Attorney certifies that there is a substantial Federal interest to warrant the exercise of Federal jurisdiction or that the ends of justice otherwise so require. Authorizes the U.S. Attorney (or in the case of certain felony offenses, the Attorney General), upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe with jurisdiction over both the offense and the juvenile. Directs the U.S. Attorney in the appropriate jurisdiction (or in the case of certain felony offenses, the Attorney General), in cases of concurrent jurisdiction between the Federal Government and a State or Indian tribe over both the offense and the juvenile, to exercise a presumption in favor of referral unless the U.S. Attorney (or Attorney General) certifies that: (1) the prosecuting authority or the juvenile court or other appropriate court of the State or Indian tribe refuses, declines, or will refuse or decline to assume jurisdiction over the offense or the juvenile; and (2) there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Authorizes a juvenile to be prosecuted and convicted as an adult for an offense that is properly joined under the Federal Rules of Criminal Procedure with a Federal offense that is a serious violent felony or serious drug offense, or that is a conspiracy or attempt to commit such offense. Permits conviction of a lesser included offense. Makes a determination to approve or not to approve, or to institute or not to institute, such a prosecution unreviewable. Directs the court in which criminal charges have been filed in such prosecution, if the juvenile was less than age 16 at the time of the offense, or in the case of certain felonies, upon motion of the defendant and after a hearing, to determine whether to issue an order to provide for the transfer of the defendant to juvenile status for purposes of proceeding against the defendant. Sets forth time requirements. Prohibits the court from ordering the transfer of a defendant to juvenile status unless the defendant establishes by clear and convincing evidence or information that removal to juvenile status would be in the interest of justice. Sets forth provisions regarding status of orders, inadmissibility of evidence, and applicable procedures. Subjects juveniles prosecuted as adults in U.S. district court to the same procedures and penalties as adults, except that no person under age 18 shall be subject to the death penalty. Makes mandatory restitution provisions applicable to juveniles tried as adults for specified offenses. Grants the U.S. Attorney (or, as appropriate, the Attorney General), in making determinations concerning juvenile arrest or prosecution, complete access to prior Federal and State (if permitted by State law) juvenile records. Specifies that certification regarding the trial of a juvenile as an adult shall not be made nor granted with respect to a juvenile who is subject to the criminal jurisdiction of an Indian tribal government if the juvenile is under age 15 at the time of the offense and is alleged to have committed an offense for which there would be Federal jurisdiction solely based on commission of the offense in Indian country, unless the governing body of the tribe having jurisdiction over the place where the alleged offense was committed has, before the occurrence of the alleged offense, notified the Attorney General in writing of its election that prosecution as an adult take place. Requires the court, in the case of a defendant convicted for conduct that occurred before the juvenile attained age 16, to impose a sentence without regard to any statutory minimum sentence upon finding at sentencing, after affording the Government an opportunity to make a recommendation, that the juvenile has not been previously adjudicated delinquent for, or convicted of, a serious violent felony or a serious drug offense. Directs the United States Sentencing Commission to: (1) amend the Federal sentencing guidelines to require that prior juvenile convictions and adjudications for crimes of violence, controlled substance offenses, any other offense for which the defendant received a sentence or disposition of imprisonment for one year or more, and any other offense punishable by a term of imprisonment of more than one year for which the defendant was prosecuted as an adult, receive a criminal history score for any juvenile offender being sentenced as an adult similar to that which the defendant would have received if those offenses had been committed by the defendant as an adult, if any portion of the sentence had been imposed or served within 15 years; (2) determine whether the criminal history treatment of juvenile adjudications or convictions for other offenses should be similarly adjusted and make any additional guideline amendments necessary; (3) assign criminal history points for juvenile adjudication based principally on the nature of the acts committed (and authorizes adjusting the score in light of the length of sentence the juvenile received); (4) submit emergency guidelines or amendments to Congress; and (5) amend the guidelines to provide for inclusion in any determination regarding whether a juvenile or adult defendant is a career offender, and in any computation of the sentence that any defendant found to be a career offender should receive, of any act for which the defendant was previously convicted or adjudicated delinquent as a juvenile that would be a felony if committed by the defendant as an adult. (Sec. 104) Modifies code provisions regarding custody prior to appearance before a magistrate to direct that: (1) the arresting officer notify the U.S. Attorney of the appropriate jurisdiction as soon as practicable and promptly take reasonable steps to notify the juvenile's parents, guardian, or custodian of custody; and (2) the juvenile not be subject to detention under conditions that permit prohibited physical contact or sustained oral communication with adult inmates. (Sec. 105) Provides for pretrial detention of juveniles tried as adults on the same basis as adults. Prohibits the pretrial or predisposition detention of juveniles with adults. (Sec. 106) Extends the period in which the trial of a juvenile in detention must be commenced from 30 to 70 days after the beginning of detention. Applies in juvenile cases the same tolling provisions for such time period that apply in adult prosecutions. Directs the court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the alleged act of juvenile delinquency, the facts and circumstances of the case that led to the dismissal, and the impact of a re-prosecution on the administration of justice. (Sec. 107) Revises code provisions regarding the sentencing of juveniles found to be delinquent but not tried as adults to direct the court to hold a dispositional hearing within 40 court days after the finding of delinquency, unless the court has ordered further study. Requires: (1) a predisposition report to be prepared by the probation officer who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government; (2) victim impact information to be included in the report; (3) victims or their official representatives to be provided the opportunity to make a statement to the court or present information in relation to the disposition; and (4) the court to place the juvenile on probation or commit the juvenile to official detention and to impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Directs the court to enter an order of restitution. Requires that any such imprisonment be terminated on the juvenile's 26th birthday and prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18. (Sec. 108) Rewrites code provisions regarding the use of juvenile records to permit disclosure to unauthorized persons of the records of a juvenile proceeding and release of such records only to the extent necessary for specified purposes, including (subject to specified requirements): (1) docketing and processing by the court; (2) responding to inquiries from courts, law enforcement agencies, the director of certain treatment agencies or facilities, and victims and their immediate family; and (3) communicating with a victim or the victim's official representative. Sets forth provisions regarding: (1) records transmission to, and maintenance by, the FBI; (2) availability of records to schools in limited circumstances; (3) notification of the juvenile, and the juvenile's parent or guardian, of the juvenile's rights vis-a-vis adjudication record; and (4) records of juveniles tried as adults. (Sec. 109) Revises code provisions regarding juvenile commitment to require the sentence for a juvenile who is adjudicated delinquent or found guilty of an offense in U.S. district court to be carried out in the same manner as for an adult defendant, with exceptions. Specifies that the parent, guardian, or custodian of a juvenile sentenced to pay a fine or ordered to pay restitution or a special assessment may not be made liable for such payment by any court. Prohibits a juvenile under age 18 who is committed to the custody of the Attorney General for incarceration from being placed or retained in any jail or correctional institution in which the juvenile has prohibited physical contact with an adult inmate or can engage in sustained oral communication with adult inmates. Directs that violent juveniles be kept separate from nonviolent juveniles. Requires the Attorney General to: (1) commit a juvenile to a foster home or community-based facility located in or near the juvenile's home community if such commitment is practicable, in the juvenile's best interest, and consistent with community safety, with an exception; and (2) study and report to Congress on the capabilities of Indian tribal courts and criminal justice systems relating to the prosecution of juvenile criminals under tribal jurisdiction; and (3) evaluate an expansion of tribal court criminal jurisdiction. (Sec. 110) Extends the jurisdiction of Federal magistrate judges to class A misdemeanors. Permits magistrate judges to impose terms of imprisonment on juveniles. (Sec. 111) Amends the Sentencing Reform Act to: (1) apply Federal sentencing guidelines regarding maximum penalties for violent crimes and serious drug crimes to juveniles tried as adults; and (2) direct the Commission, by affirmative vote of not fewer than four of its members, to promulgate and distribute to all U.S. courts and to the U.S. Probation System guidelines for sentencing juveniles tried as adults in Federal court and for dispositional hearings for juveniles adjudicated delinquent in the Federal system. (Sec. 112) Directs the Attorney General to conduct a study of the juvenile justice systems of Indian tribes, and to report to specified congressional committees. Title II: Juvenile Gangs - Prohibits and sets penalties for recruiting or soliciting persons to be or to remain as a member of a criminal street gang. (Sec. 202) Amends: (1) the Controlled Substances Act (CSA) to increase penalties for employing or using persons under age 18 in drug operations; and (2) the code to set penalties for the use of minors to commit a Federal offense that is a crime of violence, or to assist in avoiding detection or apprehension for such offense. (Sec. 204) James Guelff Body Armor Act of 1999 - Directs the Commission to amend the sentencing guidelines to increase the offense level by not less than two levels for any offense in which the defendant used body armor. (Sec. 205) Authorizes the Attorney General to designate "high intensity interstate gang activity areas." Authorizes appropriations. Sets forth allocation formulas. (Sec. 206) Increases penalties for using physical force to tamper with witnesses, victims, or informants. Title III: Juvenile Crime Control, Accountability, and Delinquency Prevention - Subtitle A: Reform of the Juvenile Justice and Delinquency Prevention Act of 1974 - Rewrites provisions of the Juvenile Justice and Delinquency Prevention Act of 1974 to establish in the Department of Justice an Office of Juvenile Crime Control and Prevention, headed by an Administrator. Directs the Administrator to develop objectives, priorities, and short- and long-term plans, and implement overall policy and strategy to carry out such plan, for all Federal juvenile crime control, prevention, and juvenile offender accountability programs and activities relating to improving juvenile crime control, the rehabilitation of juvenile offenders, the prevention of juvenile crime, and the enhancement of accountability by offenders within the U.S. juvenile justice system. Authorizes the Administrator to make grants to eligible States to provide financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency, including educational projects or supportive services for juveniles to encourage juveniles to remain in elementary and secondary schools or in alternative learning situations in educational settings, projects that use neighborhood courts or panels that increase victim satisfaction and require juveniles to make restitution or perform community service for the damage caused by their delinquent acts, projects that expand the use of probation officers, and projects that leverage funds to provide scholarships for postsecondary education and training for low-income juveniles who reside in neighborhoods with high rates of poverty, violence, and drug-related crimes. Sets forth provisions regarding State eligibility to receive grants, State plan approval and modification by a State Advisory Group, compliance with statutory requirements, and grant allocations. Establishes within the National Institute of Justice a National Institute for Juvenile Crime Control and Delinquency Prevention. Directs the Administrator to: (1) establish within the latter a training program designed to train enrollees regarding methods and techniques for the prevention and treatment of juvenile delinquency; and (2) conduct a study, and report, on the effect of incarceration on status offenders compared to similarly situated individuals who are not placed in secure detention. Requires the Administrator to make grants to or enter into contracts with public and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that: (1) involve families and communities and that are designed to carry out specified purposes, such as preventing and reducing juvenile participation in the activities of gangs that commit crimes, targeting elementary school students in steering students away from gang involvement, and providing treatment to juvenile gang members; and (2) reduce juvenile participation in illegal gang activities, develop regional task forces involving State, local, and community-based organizations to coordinate gang disruption, prosecution, and curtailment, facilitate coordination and cooperation among specified agencies and community-based programs, and support programs that are designed to encourage courts to develop and implement a specified continuum of post-adjudication restraints, and assist in the provision by the Administrator of information and technical assistance to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior. Authorizes the Administrator to make grants to, and enter into contracts with, States, local governments, Indian tribal governments, public and private nonprofit agencies, organizations, and institutions, and individuals, or combinations thereof, to carry out projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. Directs the Administrator: (1) by making grants to and entering into contracts with local educational agencies, to establish and support programs and activities for the purpose of implementing mentoring programs; and (2) to make a grant to a qualified cooperative extension service for the purpose of expanding and replicating family mentoring programs to reduce the incidence of juvenile crime and delinquency among at-risk youth. Authorizes the Administrator, in cooperation with the Secretary of Agriculture, to make grants to cooperative extension services to establish such family mentoring programs. Authorizes appropriations through FY 2004. Makes religious nondiscrimination provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 applicable to a State or local government exercising its authority to distribute grants to applicants under this title. Sets forth restrictions on the use of appropriations for experimentation on individuals, construction by private agencies, lobbying, and legal action against Federal, State, or local agencies, institutions, or employees. Sets penalties for violations. Repeals provisions regarding incentive grants for local delinquency prevention programs. (Sec. 303) Amends the Runaway and Homeless Youth Act (the Act) to: (1) include findings that it is the responsibility of the Federal Government to assist in the development of an accurate national reporting system on runaway and homeless youth and that services for such youth are needed in urban, suburban, and rural areas; (2) authorize the Secretary of Health and Human Services to make grants to public and nonprofit private entities to establish and operate local centers to provide services for such youth and their families; (3) require a grant applicant, to be eligible for assistance, to include assurances that the applicant shall submit an annual report that includes, with respect to the year for which the report is submitted, statistical summaries describing the number and the characteristics of such youth and youth at risk of family separation who participated in the project and the services provided to such youth by the project; and (4) modify the services that applicants must plan to provide in order to use grant money for street-based, home-based, and drug abuse education and prevention services. Revises Act provisions regarding: (1) approval of applications to direct the Secretary to consider the geographical distribution in the State of the proposed services and which areas of the State have the greatest need for such services, and to give priority to eligible applicants who have demonstrated experience in providing services to runaway and homeless youth and who request grants of less than $200,000; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; (3) eligibility for assistance by stating that the annual report submitted by grant applicants to the Secretary must include statistical summaries describing the number and characteristics of the services provided to the homeless youth;(4) coordination by the Secretary of the activities of the Department of Health and Human Services with respect to matters relating to the health, education, employment, and housing of runaway and homeless youth; and (5) authority to make grants for research, demonstration, and service projects to repeal references to home-based and street based services from the research and demonstration projects. Repeals provisions of the Act directing that assistance to potential grantees include information on the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved. Amends the Act to require the Secretary, by April 1, 1999, and biennially thereafter, to submit to specified congressional committees a report on the status, activities, and accomplishments of entities that receive grants under the Act. Lists information that must be included in the report. Requires the Secretary to include summaries of the Secretary's evaluations of grantees and descriptions of the qualifications and training of the individuals administering the evaluations. Modifies the Act to authorize the disclosure or transfer of records containing the identity of individual youths to an individual or public or private agency for purposes of the disposition of criminal or delinquency charges against, or the coordinated delivery of services to, individual youths. Authorizes appropriations under such Act through FY 2004. Sets forth the division of appropriations among the programs. Authorizes the Secretary to make grants to nonprofit private agencies to provide street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation. Directs the Secretary to give priority to nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth. Authorizes appropriations for FY 1999 through 2004. Grants the Secretary authority to implement a single consolidated application review process. (Sec. 304) Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to annually make a grant to the National Center for Missing and Exploited Children, which shall be used to: (1) operate a national 24-hour toll-free telephone line by which individuals may report information regarding the location of any missing child, or other child age 13 or younger whose whereabouts are unknown to such child's legal custodian, and request information pertaining to procedures necessary to reunite such child with the child's legal custodian; (2) coordinate the operation of such telephone line with the operation of the national communications system referred to in the Runaway and Homeless Youth Act; (3) operate the official national resource center and information clearinghouse for missing and exploited children; (4) provide to State and local governments, public and private nonprofit agencies, and individuals, information regarding free or low-cost legal, restaurant, lodging and transportation services that are available for the benefit of missing and exploited children and their families and the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; (5) coordinate public and private programs that locate, recover, or reunite missing children with their families; (6) disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children; (7) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; and (8) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and internationally. Authorizes appropriations through FY 2004. Requires the Administrator, either by making grants to or entering into contracts with public or nonprofit private agencies, to: (1) periodically conduct national incidence studies to determine for a given year the actual number of children reported missing each year, abducted by strangers, kidnaped by parents, and recovered each year; and (2) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children. Authorizes the Administrator to make grants to and enter contracts with the Center for specified purposes, such as for research, demonstration projects, or service programs designed to assist in the locating and return of missing children. (Currently, such grants or contracts may only be made with public or nonprofit private organizations, or combinations thereof.) Authorizes appropriations through FY 2004. Repeals requirements regarding a study to determine the obstacles that prevent or impede individuals who have legal custody of children from recovering such children from parents who have illegally removed such children from such individuals, and regarding a report on such study. (Sec. 305) Transfers functions and allocates appropriations and personnel to the new Office of Juvenile Crime Control and Prevention. Subtitle B: Accountability for Juvenile Offenders and Public Protection Incentive Grants - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to direct the Attorney General, subject to the availability of appropriations, to make grants to States for use by States and local governments in planning, establishing, operating, coordinating, and evaluating projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles, programs to improve the administration of justice for and ensure accountability by juvenile offenders, and programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding use of grants, State grant allocation and distribution, grant allocation among qualifying States and restrictions on use, and grants to Indian tribes. Directs the Attorney General, upon application from a State, to makes grants to eligible States that maintain certain records regarding juvenile criminal history and fingerprints and that will establish procedures by which an official of an elementary, secondary, and post-secondary school may, as appropriate, gain access to the juvenile adjudication record of a student enrolled or seeking to enroll at that school. (Sec. 322) Directs the Attorney General to establish a pilot program to encourage and support communities that adopt a comprehensive approach to suppressing and preventing violent juvenile crime patterned after successful State juvenile crime reduction strategies. Sets forth program requirements. (Sec. 324) Extends the Violent Crime Reduction Trust Fund under the Violent Crime Control and Law Enforcement Act of 1994. (Sec. 325) Amends: (1) the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for costs of incarcerating juvenile aliens; and (2) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require annual reporting of the number of illegal juvenile aliens committed to State or local juvenile correctional facilities. (Sec. 326) Expresses the sense of the Congress that each State should enact legislation to provide, on motion of the prosecution and with court approval, that an individual who is between age ten and fourteen may be tried as an adult and, upon conviction, may be subject to any penalty (other than a sentence of death) if the individual is charged with an offense that, if committed by an adult, would be a felony offense for which the maximum penalty is a sentence of death. Subtitle C: Alternative Education and Delinquency Prevention - Amends the Elementary and Secondary Education Act of 1965 to direct: (1) the Secretary of Education to make grants to State or local education agencies for not less than ten demonstration projects that enable the agencies to develop models for and carry out alternative education for at-risk youth; and (2) each agency receiving such a grant to enter into a partnership with a private sector entity to provide alternative educational services to at-risk youth. Sets forth application, grantee selection, matching, and evaluation requirements. Authorizes appropriations through FY 2003. Title IV: Miscellaneous Provisions - Subtitle A: General Provisions - Amends the Brady Handgun Violence Prevention Act to prohibit firearms possession by persons who have committed an act of violent juvenile delinquency. Subtitle B: Jail-Based Substance Abuse - Amends the Safe Streets Act to authorize the use of residential substance abuse treatment grants to provide nonresidential substance abuse treatment aftercare services for inmates or former inmates if the State's chief executive officer certifies to the Attorney General that the State is providing, and will continue to provide, an adequate level of residential treatment services. Makes specified funds available to a State to make grants to local correctional facilities in the State for the purpose of assisting jail-based substance abuse treatment programs established by those facilities. Sets forth provisions regarding the Federal share, application requirements, review of applications, State implementation of a statewide communications network to track the participants in jail-based substance abuse treatment programs established by local correctional facilities in the State as those participants move between such facilities within the State, the use of grant sums, reporting requirements, and performance review.
Bill· SS. 262 (106th)open
United States · United States Congress · 20 January 1999
TABLE OF CONTENTS: Title I: Miscellaneous Trade Corrections Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions Subtitle A: Temporary Duty suspensions and Reductions Subtitle B: Trade Provisions Title III: Miscellaneous Trade Corrections Miscellaneous Trade and Technical Corrections Act of 1999 - Title I: Miscellaneous Trade Corrections - Makes various specified miscellaneous technical corrections to the Trade Act of 1974 and other specified Federal law involving: (1) abolishment of the East-West Foreign Trade Board; (2) repeal of the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits; (3) repeal of the exemption of documented tugs with a Great Lakes endorsement from certain entry and clearance requirements; (4) change of general most-favored-nation (MFN) status to general or normal trade relations (NTR) status under the Harmonized Tariff Schedule of the United States; and (5) conforming amendments to obsolete references to the General Agreement on Tariffs and Trade (GATT). (Sec. 1003) Amends the Harmonized Tariff Schedule of the United States to allow certain entries of television receivers, monitors, and picture tubes, and combination TV-VCRs with a diagonal measurement of up to 34.29cm (currently, 33.02 cm), or 13.5 inches, to be classified as 13 inches for purposes of tariff treatment under the Schedule. Directs the Customs Service, upon proper request, to liquidate or reliquidate certain entries made on or after January 1, 1995, and before 15 days after enactment of this Act, as if such amendment applied to such entries. Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions - Subtitle A: Temporary Duty Suspensions and Reductions - Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty suspensions for: (1) specified chemicals and dyes through December 31, 2001; (2) snowboard boots with uppers of textile materials through December 31, 2001; (3) ink-jet textile printing machinery through December 31, 2001; (4) textile printing machinery through December 31, 2001; (5) substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale through December 31, 2001; (6) power weaving machines (looms), shuttle type, for weaving fabrics between 30 cm and 4.9m in width, if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams, through December 31, 2001; (7) skating boots for use in the manufacture of in-line roller skates through December 31, 2001; (8) dual thrust chamber rocket engines, each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127cm, through December 31, 2001; (9) certain manufacturing equipment through December 31, 2001; (10) textured rolled glass sheets through December 31, 2001; (11) certain anti-HIV drug substances through June 30, 1999; (12) certain high-performance loudspeakers not mounted in their enclosures, through December 31, 2001; (13) parts for use in the manufacture of certain high-performance loudspeakers through December 31, 2001; and (14) certain polymers through December 31, 2001. (Sec. 2129) Reduces the duty on a certain dye and on certain chemicals variously through December 31, 1999, December 31, 2000, and December 31, 2001. (Sec. 2161) Reduces the duty, through December 31, 2001, on weaving machines (looms), shuttleless type, for weaving fabrics between 30cm and 4.9m in width, entered without off-loom or large loom takeups, drop wires, heddles, reeds, harness frames, or beams. Subtitle B: Other Trade Provisions - Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States. (Sec. 2401) Mandates treatment as a product of the Virgin Islands, Guam, or American Samoa, during 1999 and 2000, of any article of jewelry assembled in such territory or possession. (Sec. 2402) Provides for the tariff treatment of certain components of scientific instruments and apparatus, as well as the application of the domestic equivalency test to such components. (Sec. 2403) Directs the U.S. Customs Service to liquidate or reliquidate (refund duty on) certain entries made at Los Angeles, California, and New Orleans, Louisiana, in accordance with the final decision of the International Trade Administration for shipments entered between October 1, 1984, and December 14, 1987 (case number A- 274-001). (Sec. 2404) Amends the Tariff Act of 1930 to provide that packaging material produced in the United States (currently, any packaging material), which is used by the manufacturer or any other person on or for articles which are exported or destroyed, shall also be eligible for a refund (drawback) of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material. (Sec. 2405) Directs the Secretary of the Treasury, by January 1, 2000, to provide for the inclusion of commercial importation data from foreign-trade zones in the National Customs Automation Program (an automated and electronic system for processing commercial importations). (Sec. 2406) Permits the deferral (until sale) of duty payment on any large yacht (a vessel exceeding 79 feet in length and used primarily for recreation or pleasure) that is imported for sale at a boat show, if the importer of record: (1) certifies to the Customs Service that it is imported for sale at a boat show in the United States; and (2) posts a bond in an amount equal to twice the amount of the duty ordinarily owed on such yacht. (Sec. 2407) Directs the appropriate customs officer to allow or deny within 30 days after the filing date any application for further review with respect to a protest to a decision of the Customs Service. Requires that any allowed protest be forwarded to the customs officer who will conduct the further review. (Sec. 2408) Authorizes the Customs Service, notwithstanding the fact that a valid protest was not filed, to reliquidate an entry to refund merchandise processing fees paid on goods qualifying under the North American Free Trade Agreement (NAFTA) rules of origin for which no claim for preferential tariff treatment was made at the time of importation, provided that the importer meets certain conditions. (Sec. 2409) Authorizes the entry or withdrawal from a warehouse of international travel merchandise subject to a duty. (Sec. 2410) Revises requirements with respect to the five-year review by the administering authority and the International Trade Commission of countervailing duty or antidumping duty orders, notices of injury determination, or determinations to continue an order or suspension agreement. Excludes from the computation of the five-year period preceding such a review any period during which the importation of the subject merchandise is prohibited on account of U.S. imposition of certain sanctions under the International Emergency Economic Powers Act or other Federal law against the country in which such merchandise originates, if that country is not a member of the World Trade Organization. (Sec. 2411) Applies the rates of duty effective after December 31, 1994, under the Harmonized Tariff Schedule of the United States, if lower, to certain water resistant wool trousers that were entered, or withdrawn from warehouse for consumption, after December 31, 1988, and before January 1, 1995. (Sec. 2412) Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation. (Sec. 2413) Grants duty-free treatment, through December 31, 2002, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. (Sec. 2414) Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. (Sec. 2415) Directs the U.S. Customs Service to provide for the liquidation or reliquidation (refund) of certain entries in accordance with the provisions of Treasury Decision 86-126(M) and Customs Ruling No. 224697, dated November 17, 1994. (Sec. 2417) Amends the Tariff Act of 1930 to authorize duty-free sales enterprises to be located, among other places, within a port of entry, or within 25 statute miles of a staffed port of entry, if reasonable assurance can be provided that the duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the territory. (Sec. 2418) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services. Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems. Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the Customs Service. Amends the Tariff Act of 1930 to authorize the Secretary, for a specified period, to prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided. (Sec. 2419) Allows a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met. (Sec. 2420) Revises the methodology used to calculate the drawback (refund of duties) on the export of finished petroleum derivatives that have been manufactured with (substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article. (Sec. 2421) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries of mueslix cereal; and (2) refund to the importer any excess duties paid with respect to such entries. (Sec. 2422) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997. (Sec. 2423) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements. (Sec. 2424) Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (normal trade relations treatment) to Mongolian products. (Sec. 2425) Authorizes the Commissioner of the Customs Service to establish a pilot program for FY 1999 to provide 24-hour cargo inspection service on a fee-for-service basis at a certain international airport. (Sec. 2426) Directs the Department of Defense to permit the dependent children of deceased U.S. Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System at Ford Buchanan, Puerto Rico, to complete their primary and secondary education without cost to them or any parent or relative. Title III: Amendments to Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.
Bill· SS. 255 (106th)referred
United States · United States Congress · 20 January 1999
Home Health Integrity Preservation Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with regard to home health agencies. (Sec. 2) Revises a home health agency's conditions of participation to require that it have: (1) sufficient knowledge of reimbursement requirements, coverage criteria and claims procedures, and the civil and criminal penalties for noncompliance; (2) managing employees with sufficient prior education or work experience in health care delivery; (3) a fraud and abuse compliance program; and (4) a practice of making the most recent compliance survey available to beneficiaries or their representatives. Requires a home health agency to notify its fiscal intermediary and the State licensing or certifying entity that the agency: (1) is providing a category of skilled service that it was not providing at the time of its most recent standard survey; (2) is operating a new branch office that was not in operation at the time of its most recent survey; and (3) is involved in a new joint venture with other health care providers or other business entities. (Sec. 3) Requires the Secretary of Health and Human Services (HHS) to provide for the comprehensive training of State and Federal surveyors in matters relating to requirements for reimbursement and coverage of services. (Sec. 4) Requires home visits conducted as part of a home health agency's standard survey to evaluate whether individuals are homebound for purposes of qualifying for home health benefits. Requires a standard survey to include: (1) an assessment of whether the agency is in compliance with all conditions of participation and other specified requirements; (2) an assessment that the agency's managing employees have attested in writing to having sufficient knowledge of the requirements for reimbursement, coverage criteria and claims procedures, and the civil and criminal penalties for noncompliance; and (3) a review of the services provided by agency subcontractors to ensure that they are being provided in a manner consistent with requirements. Requires a survey, after the first two annual surveys, at any time the agency notifies the Secretary of a new category of skilled service it is providing, or of a new branch office. Requires occasional surveys of randomly selected agencies. Requires any agreement with a fiscal intermediary to require that it review the overall business structure of a home health agency submitting a reimbursement claim, including any related organizations of the agency. (Sec. 5) Prohibits the Secretary from entering into an agreement for the first time with a home health agency unless the agency has: (1) been in operation for at least 60 calendar days; and (2) had at least ten patients during that period of prior operation. (Sec. 6) Directs the Secretary to establish: (1) various specified standards and procedures to improve the quality of home health services; and (2) within HHS' Office of Inspector General a home health integrity task force charged with investigating fraud in home health service provision. (Sec. 9) Amends SSA title XI to provide that certain Medicare actions against debtors shall not be subject to a stay of bankruptcy proceedings. Makes certain Medicare debt nondischargeable in bankruptcy. Declares that the repayment of certain Medicare debts shall be considered final and not avoidable transfers under the Federal bankruptcy code. Amends SSA title XVIII to make Medicare rules applicable to bankruptcy proceedings of a Medicare service provider. (Sec. 10) Directs the Secretary to study and report to the Congress on all matters relating to the appropriate home health services to be provided under the Medicare program to individuals with chronic conditions.
Law· SS. 249 (106th)enacted
United States · United States Congress · 19 January 1999
Missing, Exploited, and Runaway Children Protection Act - Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to annually make a grant to the National Center for Missing and Exploited Children, which shall be used to: (1) operate a national 24-hour toll- free telephone line by which individuals may report information regarding the location of any missing child, or other child age 13 or younger whose whereabouts are unknown to such child's legal custodian, and request information pertaining to procedures necessary to reunite such child with the child's legal custodian; (2) coordinate the operation of such telephone line with the operation of the national communications system referred to in the Runaway and Homeless Youth Act; (3) operate the official national resource center and information clearinghouse for missing and exploited children; (4) provide to State and local governments, public and private nonprofit agencies, and individuals information regarding free or low-cost legal, restaurant, lodging and transportation services that are available for the benefit of missing and exploited children and their families and the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; (5) coordinate public and private programs that locate, recover, or reunite missing children with their families; (6) disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children; (7) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; and (8) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and internationally. Authorizes appropriations through FY 2004. Requires the Administrator, either by making grants to or entering into contracts with public or nonprofit private agencies, to: (1) periodically conduct national incidence studies to determine for a given year the actual number of children reported missing each year, abducted by strangers, kidnaped by parents, and recovered each year; and (2) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children. Authorizes the Administrator to make grants to and enter contracts with the Center for specified purposes, such as for research, demonstration projects, or service programs designed to assist in the location and return of missing children. (Currently, such grants or contracts may be made with only public or nonprofit private organizations, or combinations thereof.) Authorizes appropriations through FY 2004. Repeals requirements regarding a study to determine the obstacles that prevent or impede individuals who have legal custody of children from recovering such children from parents who have illegally removed such children from such individuals, and regarding a report on such study. (Sec. 3) Amends the Runaway and Homeless Youth Act (the Act) to: (1) include findings that it is the responsibility of the Federal Government to assist in the development of an accurate national reporting system on runaway and homeless youth and that services for such youth are needed in urban, suburban, and rural areas; (2) authorize the Secretary of Health and Human Services to make grants to public and nonprofit private entities to establish and operate local centers to provide services for such youth and their families; (3) require a grant applicant, to be eligible for assistance, to include assurances that the applicant shall submit an annual report that includes, with respect to the year for which the report is submitted, statistical summaries describing the number and the characteristics of such youth and youth at risk of family separation who participated in the project and the services provided to such youth by the project; and (4) modify the services that applicants must plan to provide in order to use grant money for street-based, home-based, and drug abuse education and prevention services. Revises Act provisions regarding: (1) approval of applications to direct the Secretary to consider the geographical distribution in the State of the proposed services and which areas of the State have the greatest need for such services, and to give priority to eligible applicants who have demonstrated experience in providing services to runaway and homeless youth and who request grants of less than $200,000; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; (3) eligibility for assistance by stating that the annual report submitted by grant applicants to the Secretary must include statistical summaries describing the number and characteristics of the services provided to the homeless youth;(4) coordination by the Secretary of the activities of the Department of Health and Human Services with respect to matters relating to the health, education, employment, and housing of runaway and homeless youth; and (5) authority to make grants for research, demonstration, and service projects to repeal references to home-based and street based services from the research and demonstration projects. Repeals provisions of the Act directing that assistance to potential grantees include information on the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved. . Amends the Act to require the Secretary, by April 1, 1999, and biennially thereafter, to submit to specified congressional committees a report on the status, activities, and accomplishments of entities that receive grants under the Act. Lists information that must be included in the report. Requires the Secretary to include summaries of the Secretary's evaluations of grantees and descriptions of the qualifications and training of the individuals administering the evaluations. Modifies the Act to authorize the disclosure or transfer of records containing the identity of individual youths to an individual or public or private agency for purposes of the disposition of criminal or delinquency charges against, or the coordinated delivery of services to, individual youths. Authorizes appropriations under such Act through FY 2004. Sets forth the division of appropriations among the programs. Authorizes the Secretary to make grants to nonprofit private agencies to provide street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation. Directs the Secretary to give priority to nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth. Authorizes appropriations for FY 1999 through 2004. Grants the Secretary authority to implement a single consolidated application review process.
Bill· SS. 223 (106th)open
United States · United States Congress · 19 January 1999
Public School Modernization Act of 1999 - Amends the Internal Revenue Code to revise current incentives for education zones into incentives for qualified public school modernization bonds, including (currently existing) qualified zone academy bonds and (newly established) qualified school construction bonds. (Sec. 3) Allows a limited tax credit, computed according to a specified formula, to taxpayers holding such public school modernization bonds. Raises the national zone academy bond limitation from $400 million to $1.4 billion for each of calendar year 2000 and 2001, and eliminates the limitation after 2001. Prescribes requirements for national qualified school construction bonds, with a national limitation of $9.7 billion each for calendar 2000 and 2001, and no limit after 2001. (Sec. 4) Expresses the sense of the Senate that: (1) sufficient funds should be provided in FY 2000 to begin construction of three new Bureau of Indian Affairs (BIA) school facilities and to increase funds available for the improvement and repair of existing facilities; and (2) the Congress should consider enacting legislation to establish other funding mechanisms that would leverage Federal investments on behalf of BIA schools to address the serious construction backlog which exists at tribal schools.
Bill· SS. 235 (106th)referred
United States · United States Congress · 19 January 1999
Amends the Public Health Service Act to make certain graduate programs in professional psychology eligible to participate in various health professions loan programs. Revises provisions concerning the collection of health professions data, sex discrimination in medical education programs, and definitions to make these applicable to "professional" (rather than "clinical") psychologists.
Bill· SS. 245 (106th)referred
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV: Strengthening Education and Training to Combat Violence Against Women Violence Against Women Act of 1999 - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, and courts to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will use the grant to develop and install data collection and communication systems linking police, prosecutors, and courts in order to identify and track protection orders and violations of such orders. Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. (Sec. 102) Reauthorizes appropriations through FY 2002 for grants to: (1) combat violent crimes against women; and (2) encourage arrest policies. (Sec. 104) Authorizes the Attorney General to make grants to institutions of higher education for use by campus personnel and nonprofit victim services programs to assist campus administrators and campus security personnel to develop and strengthen: (1) effective security and investigation strategies to combat violent crimes against women on campuses, particularly sexual assault, stalking, and domestic violence; and (2) victim services in cases involving violent crimes against women on campuses, which may include partnerships with local criminal justice authorities and community-based victims services agencies. Sets forth provisions regarding application and certification requirements, disbursement of funds, and the Federal share. Authorizes appropriations through FY 2002. (Sec. 105) Amends the Violence Against Women Act of 1994 to reauthorize through FY 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 107) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. (Sec. 108) Directs the Secretary of Defense to: (1) conduct a review of the occurrence of domestic violence by members of the Armed Forces at military installations inside and outside the United States and the actions taken within the Department of Defense to prevent, control, and otherwise respond to such violence; and (2) report to Congress. Title II: Strengthening Services to Victims of Violence - Amends the Family Violence Prevention and Services Act to reauthorize appropriations through FY 2002. Directs the Secretary of Health and Human Services (the Secretary) to conduct a nationwide needs assessment relating to family violence prevention and services programs. Requires that, in awarding grants, the application indicate the number of persons served and develop a plan for evaluating need and utility of services. (Sec. 202) Extends through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 208) Makes changes to the Immigration and Nationality Act, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aimed at removing barriers to adjustment of status for victims of domestic violence, removing barriers to cancellation of removal and suspension of deportation for such victims, and eliminating time limitations on motions to reopen removal and deportation proceedings for such victims. Title III: Limiting the Effects of Violence on Children - Reauthorizes appropriations through FY 2002 under: (1) the Runaway and Homeless Youth Act; and (2) the Victims of Child Abuse Act of 1990 for the court-appointed special advocate program and for child abuse training programs for judicial personnel and practitioners. Directs the Secretary and the Attorney General, respectively, to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Acts. Title IV: Strengthening Education and Training to Combat Violence Against Women - Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations through FY 2002. (Sec. 402) Amends the Family Violence Prevention and Services Act to make grants to groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants through FY 2002.
Bill· SS. 233 (106th)referred
United States · United States Congress · 19 January 1999
Amends the Public Health Service Act to make disadvantaged students enrolled in social work programs eligible for scholarships. Makes schools offering social work programs eligible for assistance for certain disadvantaged faculty programs, programs to support excellence in health profession education for minorities, and programs to support geriatric training projects. Authorizes grants to, or contracts with, hospitals, schools offering programs in social work, or other entities for the development of social work training programs and financial assistance to participants and teachers of such programs. Authorizes grants to, or contracts with, schools offering programs in social work to meet the costs of projects to establish or maintain administrative units to provide clinical instruction in social work. Authorizes and allocates appropriations. Adds "clinical social worker" to specified profession definitions under health maintenance organization provisions.
Bill· SS. 179 (106th)referred
United States · United States Congress · 19 January 1999
Rural Preventive Health Care Training Act of 1999 - Amends the Public Health Service Act, as amended by the Health Professions Education Partnership Act of 1998, to authorize the Secretary of Health and Human Services to enter into contracts for preventive health care training of rural health care practitioners. Authorizes appropriations.
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