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Bill· HRH.R. 3012 (106th)referred
United States · United States Congress · 5 October 1999
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman- Hollings Act) to require a sequestration to reduce the amount of discretionary outlays in the current policy baseline for the budget year of the affected congressional session to a level equal to total non-social security receipts. Provides that, if: (1) after June 30, any discretionary appropriation is enacted that would cause total non-social security outlays to exceed total non- social security receipts (after taking into account a sequestration), the discretionary spending limits shall be reduced by the amount of the excess; and (2) after Congress adjourns to end the session for a budget year but before July 1 of that fiscal year, an appropriation for that fiscal year is enacted that would cause such outlays to exceed such receipts, there shall be a sequestration to eliminate the excess. Applies this Act beginning with FY 2000.
Resolution· HRESH.Res. 323 (106th)passed
United States · United States Congress · 5 October 1999
Sets forth the rule (closed) for the consideration of H.R. 2990 (quality care for the uninsured). Sets forth the rule (modified closed) for the consideration of H.R. 2723 (consumer protection in managed care plans and other health coverage). Directs the Clerk of the House, in the engrossment of H.R. 2990, to await the disposition of H.R. 2723, add its text at the end of H.R. 2990, and make appropriate conforming changes.
Bill· SS. 1678 (106th)open
United States · United States Congress · 1 October 1999
Medicare Beneficiary Access to Care Act of 1999 - Title I: Hospitals - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) multiyear transition to prospective payment system (PPS) for hospital outpatient department services and a special rule for rural and cancer hospitals; (2) limitation in reduction of payments to disproportionate share (DSH) hospitals; (3) revision of criteria for designation as a critical access hospital; and (4) sole community and Medicare-dependent, small rural hospitals and the applicable percentage increase for FY 2000 and each subsequent fiscal year. (Sec. 103) Amends SSA title XIX (Medicaid) to increase DSH hospital allotments for Minnesota, New Mexico, and Wyoming. Amends the Balanced Budget Act of 1997 (BBA '97) to make the Medicaid DSH transition rule permanent. Title II: Graduate Medical Education - Amends SSA title XVIII with respect to revision of multiyear reduction of indirect graduate medical education (GME) payments. (Sec. 202) Amends SSA title XVIII parts D (Miscellaneous) and C (Medicare+Choice) with respect to acceleration of payment to hospitals of indirect and direct GME costs for Medicare+Choice enrollees. (Sec. 203) Amends SSA title XVIII part C with respect to the exclusion of nursing and allied health education costs in calculating the Medicare+Choice payment rate. Amends SSA title XVIII with respect to: (1) payment to hospitals of nursing and allied health education program costs for Medicare+Choice enrollees; and (2) adjustments to limitations on the number of interns and residents and GME payments for certain interns and residents. Title III: Hospice Care - Amends SSA title XVIII to increase payments for routine home care and other services included in hospice care for a fiscal year after FY 1999. Title IV: Skilled Nursing Facilities - Provides that, for purposes of applying any formula under the PPS for covered skilled nursing facility services (SNFs) for services provided between April 1, 2000, and the end of FY 2001, the Secretary shall increase, by a specified applicable payment add-on, the adjusted Federal per diem rate otherwise determined for services provided to any individual during the period in which such individual is in a RUG III case mix category. (Sec. 402) Amends SSA title XVIII to exclude clinical social worker services and services performed under a contract with a rural health clinic or a Federally-qualified health center from the PPS for SNFs, as well as certain ambulance services, chemotherapy administration services, and other specified items, services, and devices, including swing beds in critical access hospitals. Title V: Outpatient Rehabilitation Services - Amends title XVIII to repeal for three years a specified financial limitation on outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000. Directs the Secretary to implement by January 1, 2003, a payment system for such services that takes into account the needs of Medicare beneficiaries for differing amounts of therapy based on certain factors. Title VI: Physicians' Services - Amends SSA title XVIII with respect to payment for physicians' services to revise the formula for determining the update adjustment factor and the formula for determining the sustainable growth rate for all physicians' services. (Sec. 602) Directs the Secretary to publish in the Federal Register an estimate of the single conversion factor to be used in the next calendar year for reimbursement of physicians' services, and data on which such estimate is based. Directs the Medicare Payment Advisory Commission (MEDPac) to review annually and report to the Secretary and specified congressional committees on such estimates and data. Title VII: Home Health - Amends BBA '97 and SSA title XVIII to delay application of the 15 percent reduction in payment rates for home health services until one year after implementation of the PPS for home health services. (Sec. 702) Amends SSA title XVIII to increase the FY 2000 per visit limit for home health agencies furnishing home health services, but in such a way that has no effect on the PPS for home health services. (Sec. 703) Requires the Secretary to pay such excess reasonable cost to a home health services provider that furnishes services appropriate to an individual's condition at a reasonable cost which significantly exceeds the applicable per beneficiary limit because of unusual variations in the type or amount of medically necessary care required. (Sec. 704) Eliminates the 15-minute billing requirement for the payment of claims for home health services furnished on or after October 1, 1998. (Sec. 705) Provides that, in the case of an overpayment by the Secretary to a home health agency for services furnished during a cost reporting period beginning on or after October 1, 1997, as a result of certain payment limitations, the home health agency may elect to repay the amount of such overpayment ratably over a 36-month period beginning on the overpayment notification date. (Sec. 706) Amends SSA title XVIII to include medical supplies (but not durable medical equipment) as home health services for purposes of home health consolidated billing. Title VIII: Medicare+Choice - Amends Medicare part C to delay the submission of proposed premiums, adjusted community rates, and related information each Medicare+Choice organization is required to submit to the Secretary for each Medicare+Choice plan for the service area in which it is intended to be offered in the following year. (Sec. 802) Reduces from five years to three years the general exclusion period for Medicare+Choice organizations whose contract has been terminated. (Sec. 803) Authorizes enrollment in alternative Medicare+Choice plans and Medigap coverage in the event of an involuntary termination of Medicare+Choice enrollment. Guarantees access for certain Medicare beneficiaries to Medigap policies in case of such an involuntary termination. (Sec. 804) Removes certain age-related restrictions with respect to Medigap protection against medical condition or pre-existing condition discrimination. Permits an individual who develops end-stage renal disease while enrolled in a Medicare+Choice plan and remains so enrolled to elect to continue enrollment in another Medicare+Choice plan if the original enrollment is discontinued. (Sec. 805) Extends the Medicare+Choice disenrollment window for certain involuntarily terminated enrollees. (Sec. 806) Provides under the Medicare+Choice program for continuation of any State law that requires the comprehensive coverage of prescription drugs, or any regulation that carries out such a law if: (1) the State has a waiver in effect with respect to requiring such coverage under Medigap policies; or (2) the Secretary provides for a waiver for the State to impose such a requirement. (Sec. 807) Exempts certain frail elderly Medicare+Choice beneficiaries from the risk-adjustment system if they are enrolled in a specialized program for the frail elderly. Sets forth special rules for frail elderly Medicare+Choice beneficiaries enrolled in such specialized programs. Provides for continuous open enrollment for certain such beneficiaries. Directs the Secretary to develop and implement a program to measure the quality of care provided in specialized programs for the frail elderly in order to reflect their unique health aspects and needs. (Sec. 808) Extends for an additional three years Medicare community nursing and ambulatory care demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Title IX: Clinics - Amends SSA title XIX to establish a new PPS for Federally-qualified health centers and rural health clinics under which the State Medicaid plan may provide for payment in any fiscal year to such a center or clinic for certain services in an amount exceeding the amount otherwise required to be paid under the PPS.
Bill· SS. 1682 (106th)referred
United States · United States Congress · 1 October 1999
Air Traffic Management Improvement Act of 1999 - Amends Federal transportation law to define "air traffic control system" to mean the combination of specified elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and U.S.-assigned airspace. (Sec. 6) Establishes a Chief Operating Officer for the air traffic control system, to be appointed by the Administrator of the Federal Aviation Administration (FAA). Sets forth the responsibilities of the Chief Operating Officer, including, but not limited to, the: (1) development of a strategic plan of the FAA for the air traffic control system; (2) review of the operational functions of the FAA; and (3) development of a budget request of the FAA related to the air traffic control system. Directs the Secretary of Transportation to submit the budget request for any fiscal year to the President, who shall submit it, without revision, to specified congressional committees, together with the President's annual budget request for the FAA for such fiscal year. (Sec. 7) Revises provisions regarding the composition of the Federal Aviation Management Advisory Council. Requires subsequent appointments of members to the Council to be made by the Secretary (as currently, the President will still make initial appointments of such members). Directs the Chairman of the Council to constitute an Air Traffic Services Subcommittee to provide comments, recommend modifications, and provide dissenting views to the Administrator on the performance of air traffic services, including: (1) the performance of the Chief Operating Officer and other FAA senior managers within the air traffic organization; (2) long-range and strategic plans for air traffic services; (3) review and make recommendations to the Administrator's plans for any major FAA reorganization that would affect the management of the air traffic control system; and (4) other significant actions the Subcommittee considers appropriate and that are consistent with the implementation of this Act. (Sec. 8) Authorizes the Administrator to receive, in addition to the annual rate of pay, a bonus not to exceed 50 percent of the annual rate of such pay based upon the Secretary's evaluation of the Administrator's performance. (Sec. 9) Directs the Administrator to conduct, and report to specified congressional committees on, a comprehensive redesign of the national airspace system. Authorizes appropriations. (Sec. 10) Directs the Administrator to report to specified congressional committees on the cost allocation system currently under development by the FAA. Requires the Inspector General of the Department of Transportation to conduct an assessment to ensure that the method for calculating the overall costs of the FAA and attributing such costs to specific users is appropriate, reasonable, and understandable to the users. (Sec. 11) Authorizes the Administrator to enter into a joint venture, on a pilot program basis, with Federal and non- Federal entities to establish the Air Traffic Modernization Association (in the District of Columbia) for the purpose of acquiring, procuring or utilizing of air traffic facilities and equipment in accordance with the Airway Capital Investment Plan to improve aviation safety and enhance mobility of the nation's air transportation system. Requires the Administrator to report to specified congressional committees on the Association's activities. Authorizes appropriations. (Sec. 12) Authorizes supplemental appropriations to fund critically needed, and already developed, air traffic control equipment that can be efficiently installed into the National airspace to more safely and efficiently move traffic.
Bill· HRH.R. 2993 (106th)referred
United States · United States Congress · 1 October 1999
Food and Medicines Sanctions Removal Act of 1999 - Prohibits the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity for any fiscal year, except in specified circumstances relating to war or national security, unless there is congressional approval. Prescribes requirements for the export of agricultural commodities or medicine or medical devices to foreign countries that have been determined to support international terrorism.
Bill· HRH.R. 3000 (106th)referred
United States · United States Congress · 1 October 1999
Josephine Butler United States Health Service Act - Title I: Establishment and Operation of the United States Health Service - Subtitle A: Initial Organization - Establishes the United States Health Service (Service) as an independent executive branch entity. Vests the appropriate National Health Board of the Service (National Board) with the authority through which the authority of the Service shall be exercised. Provides that the authority of the Service shall also be exercised by area health boards in accordance with this Act and National Board guidelines. Authorizes appropriations. Subtitle B: Organization of Area Health Boards - Sets forth procedures regarding election and appointment of interim national, interim regional, and initial and subsequent National, regional, district, and community health boards. Provides for the appropriate Boards to establish health care delivery regions, districts, and communities. Subtitle C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards and certain public accountability and financial disclosure requirements with regard to serving on such boards. Establishes an Office of the Inspector General for the Service. Title II: Delivery of Health Care and Supplemental Services - Subtitle A: Patients' Rights in Health Care Delivery - Affords every user the right to receive high quality care and supplemental services from any facility within the Service capable of providing such services without charge and without discrimination. Sets forth a list of other basic health rights. (Sec. 202) Amends the Fair Labor Standards Act of 1938 to entitle certain employees to health leave compensation. Subtitle B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals in the United States eligible to receive health care and supplemental services under this Act. Requires the Service to provide specified services. Provides for Service reimbursement of emergency health services costs. Subtitle C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to maintain health care facilities as necessary for the delivery of primary, specialized, and community-oriented services. (Sec. 221) Requires each district board, where appropriate, to maintain a general hospital and other health care facilities and to provide specialized health care services. Requires each regional board to maintain the following: (1) a regional medical facility for highly specialized care; and (2) services that cannot be provided by community or district boards. Requires each area health board to hire health workers, purchase or lease necessary premises, minimize care delivery fragmentation and duplication, assist community and district boards in operating services, and ensure that all required health services under this title are available and accessible. Requires the National Board to authorize the National Institute of Evaluative Clinical Research to establish evidence-based clinical decision criteria that, where feasible, shall apply nationwide. (Sec. 222) Requires each health board to establish policies and organizational plans for the operation of a facility. Authorizes a health board that has established more than one health care facility to provide for a health care facility board or boards to manage any facility the health board cannot effectively manage. Prohibits a health board from permitting its facilities to be used for private service delivery. Prohibits health board employees from engaging in private service delivery. Requires regular facilities inspections. (Sec. 223) Requires area health boards to provide specified services, including abortion services counseling. Requires an individual to give written voluntary consent before any treatment or procedure which could affect the individual's capacity to reproduce children. Title III: Health Labor Force - Subtitle A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees. (Sec. 303) Requires the National Board to establish guidelines for the classification, certification, and employment of health workers. Requires that the guidelines permit alternative approaches to healing. Requires that each regional board establish advanced specialty training certification standards. Prohibits individual health facility administrators from downgrading the level of skill, license, or certification required to perform the duties delineated by the National Board. Directs the National Board to convene a national level task force to review the impact on the safety and health of patients and workers of downgrading and deskilling of health care job categories by replacing licensed with unlicensed workers during the 1990's, particularly in the nursing area, and to recommend remedies as appropriate. Prohibits health care workers who report compromises in the quality of care from being subjected to recriminations. Subtitle B: Education of Health Workers - Requires each regional board to establish a health team school to provide initial and continuing basic care delivery education and initial and continuing advanced specialty education. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care. (Sec. 312) Requires that enrollees agree to perform health care services as Service employees. (Sec. 313) Requires the National Board to make educational loan payments. Subtitle C: Employment and Labor-Management Relations Within the Service - Requires the National Board to ensure that all individuals employed as health workers before enactment of this Act and desiring employment in the Service find appropriate employment in the Service. (Sec. 321) Imposes certain remuneration-related restrictions on health workers and Service employees. (Sec. 323) Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the term "employer." (Sec. 324) Makes the remedies provided by stated Federal laws regarding jurisdiction and tort claims exclusive of any other civil action or proceeding. Title IV: Other Functions of Health Boards - Subtitle A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a health advocacy program. (Sec. 401) Requires the National Board to establish a health rights legal services program for users and health workers. Subtitle B: Occupational Safety and Health Programs - Requires the National Board to oversee regional occupational safety and health programs and to participate in the establishment and administration of standards under the Occupational Safety and Health Act of 1970 (OSHA). (Sec. 411) Amends OSHA to substitute references to the National Board for references to the Secretary of Health and Human Services (HHS). (Sec. 412) Requires each: (1) community board to provide for the operation of a community occupational safety and health action council; (2) regional board to establish a regional occupational health and safety program; and (3) Community Health Board to establish employer maintained worksite facilities to meet occupational and emergency health care needs of employees, with the cost borne by the employer. (Sec. 415) Grants employees in workplaces having 25 or more employees the right to establish workplace occupational safety and health committees. Authorizes such employees to monitor conditions and to remove themselves from the site of any hazard without loss of pay or other job rights. Subtitle C: Health and Health Care Delivery Research, Quality Assurance, and Health Equity - Requires the Service to conduct a program of health and health care delivery research. (Sec. 422) Transfers the National Institutes of Health from HHS to the National Health Board. Requires the National Board to establish the following five new national institutes of: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care. Subtitle D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires the following: (1) each area board to collect data on supply and demand regarding health workers and care delivery; (2) publication of a National Pharmacy and Medical Supply Formulary; and (3) each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to operate drug and medical supply manufacturing facilities. Title V: Financing of the Service - Subtitle A: Health Service Taxes - Amends the Internal Revenue Code (IRC) to impose on individuals and on corporations additional taxes of specified percentages of the total taxes otherwise imposed on individuals and on corporations under IRC. (Sec. 502) Ends the exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under this Act. Prohibits income tax deductions for: (1) health care expenses as a trade or a business expense; and (2) contributions to certain medical and hospital facilities. Repeals IRC provisions regarding medical and dental expenses, hospital insurance tax imposed on employment and self-employment income, and receipts for railroad employees. (Sec. 503) Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act. (Sec. 504) Prohibits Federal, State, or private workers' compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act. Subtitle B: Health Service Trust Fund - Creates in the Treasury the Health Service Trust Fund (Fund). (Sec. 511) Appropriates to the Fund: (1) amounts equal to 100 percent of the expected net receipts from taxes imposed by subtitle A as well as Federal Hospital Insurance employment taxes; and (2) a Government contribution equal to 40 percent of the amount so appropriated. (Sec. 512) Transfers to the Fund all assets and liabilities of the Medicare (title XVIII of the Social Security Act (SSA))trust funds. Subtitle C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Fund during the fiscal year. Subtitle D: Allocation and Distribution of Funds - Requires the National Board to transmit annually a national budget to regional boards. Declares the budget adopted on approval by a majority of the regional boards. (Sec. 532) Sets forth similar requirements for preparation and adoption of regional and district budgets. (Sec. 534) Requires each National Board budget to incorporate a fund for special operating expenses. (Sec. 535) Requires funds allocated under the national health budget to be distributed by the National Board from the Fund. Prohibits health boards from requesting or receiving funds from any other source. Subtitle E: General Provisions - Authorizes the National Board to borrow money, issue and sell obligations, and pledge Fund assets. Empowers the National Board to require the Secretary of the Treasury to purchase the Service's obligations, to a specified maximum. (Sec. 541) Makes obligations issued by the Service obligations of the Government under certain circumstances. Authorizes the Secretary of the Treasury, for the purchase of Service obligations, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services under this Act, the Public Health Service Act (PHSA), except for specified provisions regarding: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of PHSA regarding provision of assistance to educational institutions and their students in areas that have not established health team schools. (Sec. 602) Repeals SSA provisions relating to maternal and child health (title V of SSA), Medicare, Medicaid (title XIX of SSA), professional standards review (part B of title XI of SSA), plus additional various specified SSA provisions relating to entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services. Repeals the Federal Employees Health Benefits Program (FEHBP), specified provisions on medical benefits and on programs relating to veterans, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974; and specified provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction. Repeals specified Federal law regarding hospitals, community hospitals, and other health facilities for Indians. Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970. Repeals specified provisions of the National Housing Act regarding mortgage insurance for nursing homes, hospitals, and group practice facilities. Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963; the Family Planning Services and Population Research Act of 1970; the National Arthritis Act of 1974; and the National Diabetes Mellitus Research and Education Act. Repeals specified provisions of the Lead-Based Paint Poisoning Prevention Act regarding grant, demonstration, and research programs for lead-based paint poisoning prevention. Repeals specified OSHA provisions regarding the National Institute for Occupational Safety and Health. Requires the President to prepare and submit to Congress legislation to repeal or amend provisions of laws that are inconsistent with this Act. (Sec. 603) Transfers to the Fund amounts appropriated to carry out the purposes of any law repealed by this Act. (Sec. 604) Amends Federal money and finance law to require the President's annual budget submitted to Congress to account for expenditures from, and appropriations to, the Fund separately from such items with respect to expenditures and appropriations relating to other operations of the Government.
Bill· HRH.R. 2996 (106th)open
United States · United States Congress · 1 October 1999
Forest Service Financial Accountability Restoration Act of 1999 - Places specified limits on Forest Service appropriations until the earlier of the following: (1) the Service is no longer an agency at high risk of waste, fraud, and mismanagement due to accounting and financial reporting weaknesses; or (2) the end of the fifth fiscal year subject to such limitations. Enumerates the criteria under which the Comptroller General shall certify to Congress that the Service is no longer at high risk Sets forth Service backlog reduction requirements.
Bill· SS. 1677 (106th)referred
United States · United States Congress · 30 September 1999
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new subpart 3, Child Centered Program, under part A (Improving Basic Programs Operated by Local Educational Agencies) of title I (Helping Disadvantaged Children Meet High Standards). Allows States and participating local educational agencies (LEAs) to use funds under subpart 1 (Basic Program Requirements) and subpart 2 (Allocations) to carry out such child centered program. Requires States and such LEAs to use certain incentive grant funds to carry out such program. Allows an LEA, if its State does not carry out such a child centered program or have an approved application for a fiscal year, to elect to carry out such a program. Requires the Secretary of Education to provide directly to such LEA the funds it is eligible for under subparts 1 and 2 to carry out such program. Requires participating LEAs to obtain State approval of the submission, but not of the contents, of their applications for such program assistance. Requires the Secretary to award incentive grants to States (or directly to LEAs under the described conditions) that elect to carry out such a child centered program and have an approved application. Bases such incentive grant amounts on relative share of funds received under subparts 1 and 2. Authorizes appropriations for such incentive grants. Sets forth requirements for State and LEA use of child centered program funds from subparts 1 and 2 and incentive grants, including: (1) establishing per-pupil amounts which may be varied because of certain factors; and (2) providing supplemental education services directly or through a contractor, or, if requested and selected by the child's parent or legal guardian, a tutorial assistance provider, another public school, or a private school. Allows use of child centered program funds for schoolwide programs under specified conditions. Requires that private school children receive comparable services. Requires participating States and LEAs to operate statewide or school-district-wide open enrollment programs. Requires public schools receiving such child centered program funds to carry out parent involvement activities, including annual meetings and information on parents' right to choose to use the per pupil amount to purchase supplemental education services from the specified types of providers. Sets forth requirements for program applications, administration, State and LEA reports, termination authority, and evaluations and reports by the Comptroller General. Prohibits Federal control of specified types of State and local education decisions as a condition for eligibility to receive funds under this Act. Prohibits preemption of a State constitution or statute that pertains to expenditure of State funds in or by religious institutions.
Resolution· SCONRESS.Con.Res. 58 (106th)referred
United States · United States Congress · 30 September 1999
Urges the President to: (1) seek a global consensus supporting a permanent international moratorium on tariffs on electronic commerce, including a ban on special, multiple, and discriminatory taxation of electronic commerce and the Internet; (2) instruct the U.S. delegation to the November 1999 World Trade Organization (WTO) ministerial meeting in Seattle, Washington, to seek to make permanent the moratorium on tariffs on electronic transmissions adopted by the WTO in May 1998; (3) seek adoption by the Organization for Economic Cooperation and Development of an international ban on special, multiple, or discriminatory taxation of electronic commerce and the Internet; and (4) oppose any proposal by any country, the United Nations, or any other multilateral organization to establish a bit tax on electronic transmissions.
Bill· HRH.R. 2987 (106th)open
United States · United States Congress · 30 September 1999
Methamphetamine Anti-Proliferation Act of 1999 - Directs the United States Sentencing Commission (the Commission) to review and amend the Federal sentencing guidelines with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act (MDLEA) to provide for increased penalties comparable to the base offense level for methamphetamine. Directs the Commission to: (1) ensure that the sentencing guidelines for such offenses reflect their heinous nature, the need for aggressive law enforcement, and the extreme dangers associated with unlawful activity involving amphetamines; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired. (Sec. 3) Amends the CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances. (Sec. 4) Provides for mandatory restitution for CSA and CSIEA violations. Expands provisions regarding restitution for cleanup of clandestine laboratory sites to cover offenses involving, and reimbursement for costs incurred for the cleanup associated with, the manufacture of amphetamine (currently, limited to methamphetamine), and to include reimbursement to States and local governments, as well as to the United States. Amends the Federal judicial code to provide for the deposit of sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund. (Sec. 5) Amends the Federal criminal code (the code) to: (1) prohibit and set penalties for teaching or demonstrating the manufacture of a controlled substance, or distributing information pertaining to such manufacture or use, with intent that it be used for or to further activity that constitutes a Federal crime, or knowing that the recipient intends to use it for or to further such activity; and (2) allow the delay of issuance of a warrant to search and seize property that constitutes evidence of a Federal criminal offense pursuant to the standards, terms, and conditions set forth in the code, unless otherwise expressly provided by statute. (Sec. 7) Directs the Administrator of the Drug Enforcement Administration (DEA) to carry out specified programs (advanced mobile clandestine laboratory training teams, basic clandestine laboratory certification training, and clandestine laboratory recertification and awareness training) with respect to the law enforcement personnel of States and localities determined by the Administrator to have significant levels of methamphetamine- or amphetamine-related crime or projected by the Administrator to have the potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations. (Sec. 8) Requires the Director of National Drug Control Policy to use amounts available under this section to combat the trafficking of methamphetamine and amphetamine in areas designated by the Director as high intensity drug trafficking areas. Requires the Director to provide funds for: (1) employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel; and (2) such other activities that the Director considers appropriate. Authorizes appropriations. Requires the Director to apportion amounts appropriated for a fiscal year pursuant to such authorization of appropriations for activities under this section among and within areas designated as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services showing patterns and trends in abuse, trafficking, and transportation in methamphetamine, amphetamine, and listed chemicals. Requires the Director, before apportioning any funds under this section to a high intensity drug trafficking area, to certify that the law enforcement entities responsible for clandestine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. Sets limits on administrative costs. (Sec. 9) Authorizes the DEA to: (1) assist State and local law enforcement in small and mid-sized communities in all phases of investigations related to such manufacturing and trafficking; (2) staff additional regional enforcement and mobile enforcement teams related to such manufacturing and trafficking; (3) establish additional resident offices and posts of duty to assist State and local law enforcement in rural areas in combating such manufacturing and trafficking; and (4) provide the Special Operations Division of the DEA with additional agents and staff to collect, evaluate, interpret, and disseminate critical intelligence targeting the command and control operations of major amphetamine and methamphetamine manufacturing and trafficking organizations. Authorizes the Administrator to establish in the DEA not more than 50 full-time positions, including not more than 31 special agent positions, and to appoint personnel to such positions. Authorizes appropriations. (Sec. 10) Amends the Federal judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DOJ in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (2) a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make funds under the drug control and system improvement (Byrne) grant program available to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine. Requires that any sums made available from the DOJ Assets Forfeiture Fund for purposes of this section in a fiscal year supplement and not supplant any other amounts made available to DOJ from other sources. (Sec. 11) Requires the head of each Federal department, agency, and establishment to place anti-drug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy. (Sec. 12) Revises CSA mail order provisions to: (1) require that each regulated person who engages in an export transaction (currently, limited to each regulated person who engages in a transaction with a non-regulated person) submit a monthly report of each such transaction to the Attorney General; and (2) make specified exemptions from such reporting requirement, such as for certain distributions of sample packages of drug products and distributions of drug products pursuant to a valid prescription. Authorizes the Attorney General to revoke any such exemptions if drug products distributed by the regulated person are being used in violation of CSA requirements, subject to specified provisions concerning notification and the right to an expedited hearing. (Sec. 13) Amends the CSA to prohibit and set penalties for the theft of anhydrous ammonia, or the transportation of stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such ammonia will be used to manufacture a controlled substance in violation of the Act. Requires the DEA Administrator to seek to enter into an agreement with Iowa State University to permit the University to expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate its usefulness as an ingredient in methamphetamine production. Authorizes such agreement to provide for the provision to such University of $500,000, on a reimbursable basis, for such activities. Authorizes appropriations. (Sec. 14) Directs the Secretary of Health and Human Services to submit to designated congressional committees annual reports on the problems caused by methamphetamine consumption in rural areas, suburban areas, and small, mid-size, and large cities. (Sec. 15) Amends the Public Health Service Act (PHSA) to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to methamphetamine and other illicit drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based. Sets forth provisions regarding permissible grant uses, priorities in making grants, program evaluation, and reporting requirements. Authorizes appropriations for expansion of abuse prevention efforts and for practitioner registration requirements. (Sec. 16) Amends the PHSA to authorize the Director of the National Institute on Drug Abuse to make grants or enter into cooperative agreements to expand the current and on-going interdisciplinary research and clinical trials with treatment centers of the National Drug Abuse Treatment Clinical Trials Network relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Sets forth provisions regarding permissible uses of grant funds and dissemination of research results. Authorizes appropriations. (Sec. 17) Directs the Secretary to study and report to the Senate and House Judiciary Committees on the development of medications for the treatment of addiction to amphetamine and methamphetamine. Authorizes appropriations. (Sec. 18) Amends the CSA to waive registration requirements for practitioners who dispense schedule IV or V narcotic drugs or combinations thereof for maintenance or detoxification treatment if the practitioner submits to the Secretary a notification of intent to begin such dispensation that contains certifications by the practitioner that: (1) the practitioner is a physician licensed under State law, has demonstrable training or experience and the ability to treat and manage opiate-dependent patients, and has the demonstrated capacity to refer the patients for appropriate counseling and ancillary services; and (2) the total number of such patients at any one time will not exceed 20, with exceptions. Sets forth additional conditions, including that the drugs or combinations: (1) have been approved for use in maintenance or detoxification treatment; and (2) have not been the subject of an adverse determination. Requires the Secretary to provide to the Attorney General requested information contained in required notifications as the Attorney General may request. Authorizes the Attorney General to consider a practitioner who violates requirements of this section to have committed an act that renders the registration to be inconsistent with the public interest. Directs that, during the three-year period beginning upon enactment of this Act: (1) the Secretary make determinations regarding the effectiveness, increased availability, and adverse consequences for public health, of treatments provided under the waivers; and (2) the Attorney General make determinations regarding the extent to which there have been violations of numerical limitations established and regarding whether waivers have increased the extent to which narcotic drugs in schedule IV or V or combinations are being dispensed or possessed in violation of this Act. Sets forth provisions regarding publication by the Secretary or Attorney General in the Federal Register of decisions. Prohibits a State from precluding a practitioner from dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintenance or detoxification treatment during the three-year period unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs. (Sec. 19) Directs the Commission to amend the Federal sentencing guidelines to increase the base offense level, with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, CSIEA, or MDLEA, by specified amounts if the offense created a substantial risk of harm to human life or the environment, or to the life of a minor or incompetent. (Sec. 20) Amends the CSA to include methamphetamine paraphernalia within provisions applicable to "drug paraphernalia."
Bill· HRH.R. 2985 (106th)referred
United States · United States Congress · 30 September 1999
Budget Responsibility and Efficiency Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). (Sec. 2) Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 4) Sets forth revised pay-as-you-go provisions for the Senate to conform with the biennial framework. (Sec. 5) Conforms provisions governing the President's budget to the biennial framework. (Sec. 6) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 7) Amends CBA to provide that it shall not be in order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended. (Sec. 8) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 9) Provides that it shall not be in order in the House or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any Appropriations subcommittee for only the first fiscal year of a biennium unless the program, project, or activity for which such authority or limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended.
Bill· HRH.R. 2980 (106th)open
United States · United States Congress · 30 September 1999
Clean Power Plant Act of 1999 - Amends the Clean Air Act to require specified emissions limitations on mercury, sulfur dioxide, and nitrogen oxides (NOx) from fossil fuel-fired electric generating units with a nameplate capacity of at least 15 megawatts that use a combustion device primarily to generate electricity for sale. Requires quarterly pollutant-specific emission reports for such pollutants and for carbon dioxide (CO2) by unit owners or operators. Directs the Administrator of the Environmental Protection Agency to publish facility-specific emission data. Requires regulations for disclosure of data concerning emissions levels. Directs the Administrator to calculate a generation performance standard for CO2 from covered fossil fuel-fired electric generating units and allocate allowances among such units. Authorizes the carryover and trading of unused allowances and requires surrender to the Administrator of a number of CO2 allowances equal to the total tonnage emitted during the calendar year. Permits the performance standard to be exceeded if the plant has sufficient emissions credits. Imposes an excess emissions penalty and requires units to offset such emissions. Requires regulations concerning transfer of hazards associated with combustion from one medium to another and release of hazardous wastes into the environment. Expresses the sense of Congress concerning crediting permanent CO2 and NOx emissions reductions to the utility sector in any enacted climate change implementation program. Authorizes appropriations for industry and community assistance and development of a carbon sequestration strategy. Requires grants to municipalities in which there are located fossil fuel-fired electric generating units that: (1) provide 20 percent or more of the municipality's annual property tax revenue in the last fiscal year ending before this Act's enactment; and (2) cease operation after this Act's enactment. Includes hazardous air pollutants from electric utility steam generating units on a list of such pollutants from major and area sources required under the Clean Air Act.
Bill· HRH.R. 2990 (106th)passed
United States · United States Congress · 30 September 1999
Quality Care for the Uninsured Act of 1999 - Title I: Tax-Related Health Care Provisions - Amends the Internal Revenue Code to phase-in a 100 percent deduction (for both itemizers and nonitemizers) for the health and long-term care insurance costs of individuals not participating in employer-subsidized health plans. (Sec. 102) Provides for the deduction of 100 percent of the health insurance costs of self-employed individuals. (Sec. 103) Revises medical savings accounts provisions to: (1) repeal the limitation on the number of accounts; (2) make all employers (currently limited to small employers) eligible to offer accounts; (3) increase contribution deduction amounts; (4) permit employer and employee contributions; (5) reduce high deductible health plan deductibles; and (6) permit accounts to be offered under cafeteria plans. (Sec. 104) Permits offering long-term care insurance under cafeteria plans and flexible spending arrangements. (Sec. 105) Permits a taxpayer an additional exemption for certain elderly family members who need long-term care and who reside with the taxpayer. (Sec. 106) Expands the time frame for human clinical trials qualifying for the orphan drug credit. (Sec. 107) Adds to the list of taxable vaccines any conjugate vaccine of streptococcus pneumoniae. (Sec. 108) Establishes a limited credit for "qualified medical innovation expenses." Defines such expenses as amounts paid by a taxpayer to any qualified academic institution for clinical testing research activities. Title II: Greater Access and Choice Through Association Health Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) applications and related reporting; (7) notice for voluntary termination; (8) corrective actions and mandatory termination; and (9) church plans. (Sec. 201) Directs the Secretary of Labor to apply, to the appropriate Federal district court, to be appointed trustee of certain insolvent association health plans which provide health benefits in addition to health insurance coverage. Allows a State to impose a contribution tax on an association health plan that begins operations in such State after the enactment of this Act. Directs the Secretary to report to specified congressional committees on the effect association health plans have had, if any, on reducing the number of uninsured individuals. (Sec. 202) Revises requirements for treatment of single employer arrangements. (Sec. 203) Revises requirements for certain collectively bargained arrangements. (Sec. 204) Sets forth enforcement requirements relating to association health plans. (Sec. 205) Sets forth State responsibilities, and requirements for cooperation between Federal and State authorities, with respect to association health plans. (Sec. 206) Prescribes special rules for certain existing health benefits programs. Title III: Greater Access and Choice Through Healthmarts - Amends the Public Health Service Act to create a new title on HealthMarts. Requires that HealthMarts: (1) be nonprofit entities composed of employers, employees health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all offered coverage options. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, a community health organization, or any combination of those coverages. Requires a HealthMart to permit any employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Requires HealthMarts to make at least two coverage options available. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Title IV: Community Health Organizations - Permits the waiver of State licensure requirements for certain community health organizations.
Resolution· HRESH.Res. 317 (106th)passed
United States · United States Congress · 30 September 1999
Waives points of order against the consideration of the conference report on H.R. 1906 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies appropriations).
Resolution· HRESH.Res. 318 (106th)passed
United States · United States Congress · 30 September 1999
Waives points of order against the consideration of the conference report on H.R. 2084 (Department of Transportation and related agencies appropriations).
Resolution· HCONRESH.Con.Res. 190 (106th)referred
United States · United States Congress · 30 September 1999
Urges the President to: (1) seek a global consensus supporting a permanent international ban on tariffs on electronic commerce, including a ban on special, multiple, and discriminatory taxation of electronic commerce and the Internet; (2) instruct the U.S. delegation to the November 1999 World Trade Organization (WTO) ministerial meeting in Seattle, Washington, to seek to make permanent the moratorium on tariffs on electronic transmissions adopted by the WTO in May 1998; (3) seek adoption by the Organization for Economic Cooperation and Development of an international ban on special, multiple, and discriminatory taxation of electronic commerce and the Internet; and (4) oppose any proposal by any country, the United Nations, or any other multilateral organization to establish a "bit tax" on electronic transmissions.
Bill· HRH.R. 2975 (106th)referred
United States · United States Congress · 29 September 1999
Youth Education Development Act of 1999 - Title I: Grant Program to Provide Opportunities for Adolescents - Authorizes the Commissioner of the Administration for Children, Youth, and Families in the Department of Health and Human Services to make competitive grants to public agencies and nonprofit private organizations for specified programs and activities to help adolescents to improve: (1) educational performance; (2) health and fitness; (3) development of life skills; and (5) family relationships. Authorizes appropriations. Title II: Grant Program to Establish Training Programs for Teachers - Directs the Secretary of Education to make grants to establish training programs to upgrade the skills of teachers at elementary schools and secondary schools. Makes eligible for such grants consortia of: (1) local educational agencies (LEAs) or institutions of higher education, or both; (2) a teacher association; (3) representatives of business and industry associations; and (4) labor organizations. Authorizes appropriations. Title III: Grant Program to Establish Job Training Courses at Community Colleges - Directs the Secretary to make grants to community colleges to establish job training courses there. Authorizes appropriations. Title IV: Class Size Reduction - Class Size Reduction and Teacher Quality Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a Class Size Reduction program as a new part E of title VI (Innovative Education Program Strategies) of ESEA. Provides for teacher recruiting, hiring, training, testing, and professional development under such program. Authorizes appropriations. (Sec. 401) Directs the Secretary to make: (1) program allotments to States according to their relative share under either ESEA title I (Helping Disadvantaged Children Meet High Standards) part A (Improving Basic Programs Operated by LEAs) or ESEA title II (Dwight D. Eisenhower Professional Development Program) part B (State and Local Activities), whichever percentage is greater; and (2) specified amounts available for programs for Indian children and in outlying areas. Requires a State, after using a limited amount for administrative expenses, to distribute program funds as follows: (1) 80 percent to LEAs in proportion to their numbers of students from families with incomes below the poverty line; and (2) 20 percent to LEAs in proportion to their relative enrollments of students. Requires LEAs to use program funds to reduce class size with highly qualified teachers to improve educational achievement for both regular and special-needs children, with particular consideration given to reducing class size in the early elementary grades. Allows LEAs to do so through: (1) recruiting, hiring, and training certified regular and special education teachers and teachers of special-needs children, including teachers certified through State and local alternative routes; (2) testing new teachers for academic content knowledge, and to meet State certification requirements that are consistent with specified provisions of the Higher Education Act of 1965 (HEA); and (3) providing professional development to teachers, including special education teachers and teachers of special-needs children, consistent with such HEA provisions. Limits the portion of such funds which may be used for testing and professional development. Sets forth cost-sharing requirements. Title V: School Modernization - Amends the Internal Revenue Code to provide a limited tax credit for holders of qualified public school construction bonds. (Sec. 502) Amends the General Education Provisions Act to apply certain labor standards to projects financed through the qualified school construction bonds program under this title and the qualified zone academy bonds program under the Taxpayer Relief Act of 1997. (Sec. 503) Amends the Workforce Investment Act of 1998 to require States to establish a specialized program of training services related to the construction or reconstruction of public school facilities receiving funding assistance under applicable programs. Title VI: Access to Post Secondary Education - Amends the Higher Education Act of 1965 to provide for an increase in the maximum amount of an individual Pell grant to $6,500 for each of academic years 2000-2001 through 2003-2004.
Resolution· HRESH.Res. 312 (106th)passed
United States · United States Congress · 29 September 1999
Sets forth the rule (modified open) for the consideration of H.R. 2910 (National Transportation Safety Board authorization).
Resolution· HRESH.Res. 307 (106th)passed
United States · United States Congress · 28 September 1999
Waives points of order against the consideration of the conference report on H.R. 2606 (foreign operations, export financing, and related programs appropriations).
Bill· HRH.R. 2956 (106th)referred
United States · United States Congress · 27 September 1999
Children's Protection and Community Cleanup Act of 1999 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions. Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to: (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible. Prohibits the selection of an action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health and the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements would be attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (Administrator) to report annually to Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. (Sec. 102) Sets forth criteria for institutional control instruments. Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located. Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements. Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a response action. Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility). Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities and increases the maximum amount of such grants. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a covered facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. Authorizes the President to provide administrative support for such groups. Directs the Administrator to submit to Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 206) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B: Human Health - Directs the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities. Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances. Makes funds available for such services for FY 2002 through 2006. (Sec. 217) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title III: Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to: (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical: (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act. Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals: (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV: Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are: (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL. Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL. Provides exceptions from placing such facilities on the NPL. Title V: Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop: (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment. Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to: (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review. Sets forth requirements for peer reviews. Title VI: Brownfield Remediation and Environmental Cleanup - Subtitle A: Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites. Defines a "brownfield site" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites. Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities. Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 2001 through 2005. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B: Innocent Landowners and Prospective Purchaser Liability - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 622) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Authorizes appropriations for such grants for FY 2001 through 2005. Title VII: Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource. Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of: (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of "natural resources" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. Requires Federal agencies to notify States and the Administrator of removal actions. Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substances releases for which a Federal agency is potentially responsible. Title IX: Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances. Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of "hazardous substance" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2005. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 2000, and before January 1, 2006. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Title XI: Miscellaneous - Increases the ceiling on certain penalties under CERCLA. Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise. Directs the President to establish additional requirements to ensure such protection, as necessary. Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of "federally permitted release" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.
Bill· HRH.R. 2953 (106th)referred
United States · United States Congress · 27 September 1999
Amends the Internal Revenue Code to allow businesses a limited reclamation credit of 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. Defines qualified reclamation property as, among other things, qualified recycling property or qualified remanufacturing property.
Bill· HRH.R. 2954 (106th)referred
United States · United States Congress · 27 September 1999
Commercial Revitalization Tax Act of 1999 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit.
Law· HJRESH.J.Res. 68 (106th)enacted
United States · United States Congress · 27 September 1999
Makes appropriations for FY 2000 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1999 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000; (3) the Department of Defense Appropriations Act, 2000; (4) the District of Columbia Appropriations Act, 2000; (5) the Energy and Water Development Appropriations Act, 2000; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000; (7) the Department of the Interior and Related Agencies Appropriations Act, 2000; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000; (9) the Legislative Branch Appropriations Act, 2000; (10) the Department of Transportation and Related Agencies Appropriations Act, 2000; (11) the Treasury and General Government Appropriations Act, 2000; and (12) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000. Continues funding of projects or activities at the current rate of operations and sets forth limitations on such funding. (Sec. 106) Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act (without any provision for the covered appropriation) or October 21, 1999, whichever occurs first. (Sec. 115) Continues certain activities authorized by the National Flood Insurance Act of 1968 through the date for which funding is provided under this resolution. (Sec. 116) Sets the rate of operations for reimbursement of past losses for the Commodity Credit Corporation Fund at $11.5 billion. (Sec. 117) Continues specified authorities of the Overseas Private Investment Corporation through the period of this joint resolution. (Sec. 118) Authorizes the use of funds to initiate or resume projects or activities at a rate exceeding the current rate to achieve Year 2000 (Y2K) computer compliance and for implementation of business continuity and contingency plans. (Sec. 119) Makes a specified amount available for decennial census programs for the period covered by this joint resolution. (Sec. 122) Extends, until November 1, 1999, a certain provision of law that allows fewer than three members of the Board of Directors of the Export-Import Bank of the United States to constitute a quorum.
Bill· HJRESH.J.Res. 67 (106th)referred
United States · United States Congress · 27 September 1999
Makes appropriations for FY 2000 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1999 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000; (3) the Department of Defense Appropriations Act, 2000; (4) the District of Columbia Appropriations Act, 2000; (5) the Energy and Water Development Appropriations Act, 2000; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000; (7) the Department of the Interior and Related Agencies Appropriations Act, 2000; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000; (9) the Legislative Branch Appropriations Act, 2000; (10) the Department of Transportation and Related Agencies Appropriations Act, 2000; (11) the Treasury and General Government Appropriations Act, 2000; and (12) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000. Continues funding of projects or activities at the current rate of operations and sets forth limitations on such funding. (Sec. 106) Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act (without any provision for the covered appropriation) or October 21, 1999, whichever occurs first. (Sec. 115) Continues certain activities authorized by the National Flood Insurance Act of 1968 through the date for which funding is provided under this resolution. (Sec. 116) Sets the rate of operations for reimbursement of past losses for the Commodity Credit Corporation Fund at $11.5 billion. (Sec. 117) Continues specified authorities of the Overseas Private Investment Corporation through the period of this joint resolution. (Sec. 118) Authorizes the use of funds to initiate or resume projects or activities at a rate exceeding the current rate to achieve Year 2000 (Y2K) computer compliance and for implementation of business continuity and contingency plans. (Sec. 119) Makes a specified amount available for decennial census programs for the period covered by this joint resolution. (Sec. 121) Applies the date specified in Section 106 of this resolution, in lieu of October 1, 1999, as the date of termination of a prohibition on the issuance of a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes. (Sec. 123) Extends, until November 1, 1999, a certain provision of law that allows fewer than three members of the Board of Directors of the Export-Import Bank of the United States to constitute a quorum.
Resolution· HRESH.Res. 305 (106th)passed
United States · United States Congress · 27 September 1999
Sets forth the rule (closed) for the consideration of H.J. Res. 68 (continuing FY 2000 appropriations).
Bill· SS. 1639 (106th)open
United States · United States Congress · 24 September 1999
Earth, Wind, and Fire Authorization Act of 1999 - Title I: Earthquake Hazards Reduction Act - Amends the Earthquake Hazards Reduction Act of 1977 (the Act) to authorize appropriations for FY 2000 through 2002 for: (1) the Director of the Federal Emergency Management Agency (FEMA) to carry out specified activities under the National Earthquake Hazards Reduction Program; (2) the Secretary of the Interior for responsibilities assigned to the Director of the U.S. Geological Survey (USGS), with specified funds earmarked for the Global Seismic Network and for carrying out a competitive, peer-reviewed program under which FEMA awards grants to or enters into cooperative agreements with State and local governments and persons or entities from the academic community and the private sector; (3) the National Science Foundation (NSF) for engineering research and geosciences research; and (4) the National Institute of Standards and Technology. (Sec. 102) Repeals provisions of the Act concerning: (1) non-Federal cost sharing for certain supplemental funds; (2) the authorization of appropriations in prior fiscal years for certain required adjustments in employee salaries and benefits; and (3) the availability of FY 1991-1993 funding. (Sec. 103) Requires the USGS Director to establish and operate an Advanced National Seismic Research and Monitoring System to organize, modernize, and standardize U.S. national, regional, and urban seismic monitoring systems. Requires such Director to transmit to Congress a five-year management plan for establishing and operating the System. Authorizes appropriations for FY 2001 through 2005, and additional amounts for FY 2001 and 2002 for System operation. (Sec. 104) Requires the NSF Director to establish a Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and partial-scale models. Authorizes appropriations for FY 2000 through 2004. (Sec. 105) Directs FEMA to: (1) annually provide guidance to other agencies involved in the National Earthquake Hazards Reduction Program (Program) concerning the preparation of requests for appropriations for Program activities; and (2) prepare and submit to the Office of Management and Budget an annual Program budget. Requires each Program agency to specify Program activities in their annual request for appropriations. (Sec. 106) Requires the FEMA Director to report to Congress describing Program elements that specifically address the needs of at-risk populations. (Sec. 107) Requires FEMA's comprehensive earthquake education and public awareness program to include increasing public access to available locality-specific information to assist the public in preparing for or responding to earthquakes. Title II: National Weather Service and Related Agencies Authorization Act - Authorizes appropriations for FY 2000 and 2001 to the Secretary of Commerce to enable the National Oceanic and Atmospheric Administration (NOAA) to carry out: (1) Operations, Research, and Facilities activities of the National Weather Service (NWS); (2) Procurement, Acquisition, and Construction activities of NWS; (3) Atmospheric Research Operations, Research, and Facilities environmental research and development activities of the Office of Oceanic and Atmospheric Research (OOAR); (4) Atmospheric Research Procurement, Acquisition, and Construction environmental research and development activities of OOAR; (5) Operations, Research, and Facilities environmental research and development and related activities of the National Environmental Satellite, Data, and Information Service (NESDIS); and (6) Procurement, Acquisition, and Construction environmental research and development and related activities of NESDIS. (Sec. 205) Directs the NOAA Administrator to make available through the NOAA Internet home page information relating to all research grants and awards made with funds authorized by this Act. Title III: Fire Administration Authorization Act - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 2000 through 2002 for Federal fire prevention and control activities. Prohibits the obligation of such funds until the Administrator of the United States Fire Administration (USFA) has verified to specified congressional committees that such obligation is consistent with the strategic plan. (Sec. 302) Directs the USFA Administrator to prepare and submit to such committees: (1) a five-year strategic plan of USFA program activities; and (2) a report describing USFA's research agenda and a plan for implementing such agenda. (Sec. 303) Directs the USFA Administrator to make publicly available, including through the Internet, information on procedures for: (1) acquiring surplus and excess equipment or property that may be useful to State and local fire, emergency, and hazardous material handling service providers; and (2) establishing cooperative agreements between State and local fire and emergency services and Federal facilities in their region for the coordinated provision of such services. (Sec. 306) Directs the USFA Administrator to conduct and report to Congress on an assessment of the need for additional capabilities for Federal counterterrorism training of emergency response personnel.
Law· SS. 1637 (106th)enacted
United States · United States Congress · 24 September 1999
Amends Federal aviation law to extend, through FY 1999 the authorization of appropriations for the Airport Improvement Program. Repeals a certain limitation on funds for the Grants-in-Aid for Airports (liquidation of contract authorization) program for FY 1999.
Bill· SS. 1640 (106th)referred
United States · United States Congress · 24 September 1999
Pension Benefits Protection and Preservation Act of 1999 - Amends the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA) to require the plan administrator of any large (100 or more participants) defined employee benefit plan (applicable plan) to notify each applicable individual of any adoption of plan amendments that may reduce future benefit accruals of one or more participants to a specified significant extent (plan amendments), with details on the change's possible effect on the individual's pension, at least 45 days before such a plan change becomes effective. Directs the Secretary of the Treasury to enforce specified age discrimination provisions relating to pensions under the Code, without regard to the portion of the preamble to a specified Treasury Decision which relates to allocation of interest adjustments through normal retirement age under a cash balance plan. Declares that such preamble is, and has been since its adoption, without the force of law. Requires applicable plans to offer, in addition to the notice and written statement of benefit change, opportunity for applicable individual participants to elect to continue benefit accruals, without regard to such plan amendments, under the former defined benefit plan instead of under a cash benefit plan. Imposes an excise tax for the failure of any applicable pension plan to offer an opportunity to applicable participants to continue benefit accruals under the former defined benefit plan in the event of significant reductions in future plan accruals. Sets the amount of such tax at 50 percent of the excess pension assets in the plan. Makes the plan liable for such tax in the case of a multiemployer plan, and the employer liable in any other case. Prohibits pension plan amendments that reduce future accrued benefits for years of service for any participants in applicable plans (large defined benefit plans with 100 or more members). Sets forth criteria, under both the Code and ERISA, for determining when a pension plan amendment by an applicable plan shall be treated as reducing the accrued benefit of a participant.
Bill· SS. 1634 (106th)referred
United States · United States Congress · 24 September 1999
Residential Solar Energy Tax Credit Act - Amends the Internal Revenue Code to allow a limited tax credit for residential solar energy property equal to the sum of: (1) 15 percent of the taxpayer's qualified photovoltaic property expenditures during the taxable year; and (2) 15 percent of the taxpayer's qualified solar water heating property expenditures during the same year.
Bill· HRH.R. 2944 (106th)open
United States · United States Congress · 24 September 1999
Electricity Competition and Reliability Act - Title I: Open Transmission Access - Amends the Federal Power Act (FPA) to declare that Federal regulation of electric energy transmission and sales: (1) does not affect State or municipality authority to require either retail electric competition or unbundled transmission and local distribution service for the delivery of electric energy directly to a retail electric consumer; (2) includes the unbundled transmission of electric energy sold at retail; and (3) does not extend to bundled retail sale of electric energy, the local distribution service component of any unbundled retail electric energy sale, or any retail sale component of unbundled retail electric energy sales which are each subject to State regulation. (Sec. 102) Authorizes the Federal Energy Regulatory Commission (FERC) to: (1) require transmitting utilities to provide transmission services on a nondiscriminatory basis; (2) authorize recovery of stranded costs arising from such requirement; and (3) mandate electric energy transmission directly to retail electric consumers served by local distribution facilities that are subject to open access. Repeals State regulatory authority over the wholesale transmission or sale of certain electric energy that crosses international borders but is not subsequently transmitted into other States. (Sec. 103) Sets a deadline by which each transmitting utility shall either establish or join a regional transmission organization. Permits the Federal transmitting utilities (Tennessee Valley Authority, Bonneville Power Administration, Southwestern Power Administration, and Western Area Power Administration) to participate in such an organization. Prescribes standards and other requirements for such organizations. Directs FERC to encourage incentive transmission pricing policies for approved organizations. (Sec. 104) Grants the consent of Congress to compacts among the States to establish regional transmission siting agencies. (Sec. 105) Permits FERC to mandate that a transmitting utility expand or improve its facilities for electric energy transmission in interstate commerce, subject to the National Environmental Policy Act of 1969 and all other applicable State and Federal laws. Title II: Electric Reliability - Grants FERC regulatory jurisdiction over the electric reliability organization (organized pursuant to this Act), all affiliated regional reliability entities, all system operators, and all users of the bulk-power system for purposes of enforcing compliance with this Act. Sets forth procedural guidelines for establishment of a FERC- approved electric reliability organization (ERO) whose function shall be to develop and enforce standards for an adequate level of reliability of the bulk-power system. Prescribes implementation guidelines. (Sec. 201) Requires the ERO to take all appropriate steps to gain recognition in Canada and Mexico. Requires the United States to use its best efforts to enter into an agreement with such countries to provide for effective compliance with organization standards. Mandates system operator membership in such electric reliability organization, and in the appropriate affiliated regional reliability entity. Mandates annual ERO status reports regarding system reliability and adequacy. Empowers the ERO to take disciplinary and enforcement action. Title III: Consumer Protection - Directs the Federal Trade Commission (FTC) to promulgate rules governing: (1) mandatory disclosure by any retail or wholesale electric vendor to either electric consumers or purchasers; (2) retail electric energy consumer privacy; and (3) unfair trade practices in connection with retail consumer selection of a retail electric supplier ("slamming") and consent for the purchase of goods and services ("cramming"). (Sec. 304) Expresses the sense of Congress that: (1) every retail electric consumer should have access to electric energy at reasonable and affordable rates; and (2) the States should ensure that retail electric competition does not result in the loss of service to rural, residential, or low-income consumers. Title IV: Mergers - Amends the FPA to subject to FERC approval electric company mergers and disposition of properties (including a holding company in a holding company system that includes an electric utility company). (Sec. 402) Amends the Atomic Energy Act of 1954 to repeal the requirement that the Nuclear Regulatory Commission forward license applications for certain utilization or production facilities to the Attorney General for antitrust review. Title V: Promoting Competition - Subtitle A: Retail Reciprocity - Amends the Federal Power Act to declare that sales by retail electric energy suppliers (including suppliers located in a foreign country that is a signatory to the North American Free Trade Agreement) are subject to open access (retail reciprocity). Subtitle B: Public Utility Holding Company Act of 1935 - Repeals the Public Utility Holding Company Act of 1935. (Sec. 513) Prescribes procedural guidelines for both FERC and State access to records of a public utility or natural gas holding company (including associates and affiliates). (Sec. 515) Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. (Sec. 516) Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates certain costs of an associate company. (Sec. 517) Declares this Act inapplicable to: (1) the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. (Sec. 519) Grants FERC certain FPA enforcement powers. (Sec. 522) Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. (Sec. 524) Amends the FPA to repeal its conflict of jurisdiction guidelines. Subtitle C: Public Utility Regulatory Policies Act of 1978 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to declare that, upon enactment of this Act, no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy or capacity pursuant to PURPA provisions governing cogeneration and small power production. (Sec. 532) Directs FERC to promulgate and enforce regulations to assure that no utility shall be required to absorb the costs associated with electric energy or capacity purchases from a qualifying facility executed prior to enactment of this Act (thus assuring such utilities recovery of all costs associated with such purchases). Provides that such regulations shall be treated as a rule enforceable under the FPA. Subtitle D: Additional Provisions Promoting Competition - Permits acquisition of retail electric energy on an aggregate basis by a group of retail electric consumers, or any entity acting on behalf of such group, if the group is served by local distribution companies whose facilities are subject to open access. (Sec. 542) Requires a local distribution company to allow its retail electric consumers who are certain small-sized power generation facilities to interconnect with its facilities. Title VI: Federal Electric Utilities - Subtitle A: Tennessee Valley Authority - Amends the FPA to repeal: (1) hearing, notice and review procedures relating to interconnection or wheeling orders that result in electric power sales or delivery outside the Tennessee Valley Region; and (2) guidelines governing equitability within territory restricted electric systems (transmission within the Tennessee Valley Region). (Sec. 602) Amends the Tennessee Valley Authority Act of 1933 to repeal restrictions placed upon the Tennessee Valley Authority (TVA) to sell or deliver power beyond the area for which it was the primary source of power on July 1, 1957. (Sec. 603) Specifies circumstances under which TVA may: (1) sell electric power at retail; and (2) sell excess electric power at wholesale for use outside the Tennessee Valley Region. (Sec. 605) Mandates that TVA and its distributors renegotiate existing long-term contracts with respect to: (1) remaining term; (2) length of termination notice; (3) amount of electric energy that distributors may purchase from non-TVA suppliers, including access to the TVA transmission system; and (4) stranded costs recovery. (Sec. 606) Subjects TVA transmission and local distribution of electric power to FPA jurisdiction to the same extent as a public utility transmission of electric power in interstate commerce is subject to such jurisdiction. (Sec. 607) Permits a distributor to elect to avoid certain TVA regulatory authority regarding certain future wholesale sales of electric power by the TVA. Amends PURPA to redefine "State regulatory authority" so as to remove TVA as a State agency with ratemaking authority over sales of electric energy by any electric utility. Replaces TVA regulatory authority over distributors with that of the distributor's own governing body. (Sec. 608) Prescribes procedural guidelines for FERC approval of TVA plans for recovery of its stranded costs. Bars TVA use of such recovered proceeds to pay for additions to TVA's generating capacity. Mandates that the annual TVA management report to Congress include: (1) long-range financial plans; (2) source of funds used for TVA capacity additions; and (3) reduction of publicly-held TVA debt. (Sec. 609) Subjects the TVA to Federal antitrust jurisdiction. Subtitle B: Bonneville Power Administration - Subjects to the regulatory purview of the FPA the Bonneville Transmission System (the System), including the transmission of electric energy and the provision of necessary associated services over such System. (Sec. 623) Prescribes procedural guidelines for FERC approval of proposals initiated by the Bonneville Administrator (Administrator) to place a surcharge on transmission rates to meet certain statutory cost recovery requirements. (Sec. 624) Bars the Bonneville Power Administration (BPA) from selling electric energy or capacity to any retail electric consumer that was not under contract for the purchase of electric energy on October 1, 1998. (Sec. 625) Amends the Pacific Northwest Electric Power Planning and Conservation Act to restrict the acquisition of new major BPA generating resources to: (1) FERC determination of customer payment-in-full for such resources; and (2) BPA determination that no surcharge will be required in connection with such acquisition. (Sec. 626) Subjects the BPA to Federal antitrust jurisdiction. Subtitle C: Other Power Marketing Administrations - Mandates that rates and charges made by each Federal power marketing administration (PMA) shall be the lowest possible that will recover all costs incurred by the United States for the production of electric energy sold by such PMAs. Defines PMAs, under this subtitle, to mean the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration. Grants FERC modification powers with respect to proposed rates submitted by any PMA, including terms and conditions of sale. (Sec. 633) Subjects PMA transmission of electric energy to FPA regulatory jurisdiction. (Sec. 634) Directs FERC to promulgate guidelines governing the accounting principles and requirements of the PMAs, including compliance and administrative reconciliation. (Sec. 635) Subjects each PMA to Federal antitrust laws with respect to sales of electric energy and capacity and the operation of its transmission system. Title VII: Environmental Provisions - Amends the Energy Policy Act of 1992 to direct the Secretary of Energy to make incentive payments to the owner or operator of a qualified renewable energy facility for electric energy generated and sold. Prescribes implementation guidelines. (Sec. 702) Requires each retail electric supplier to make net metering service available upon request to a retail electric consumer served or solicited by such supplier. Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. Retains State authority to require a retail electric supplier to make net metering service available to a retail electric consumer. Title VIII: Provisions Relating to Internal Revenue Code - Amends the Internal Revenue Code (IRC) to include among the sources of allowable income received or accrued by tax-exempt mutual or cooperative electric companies any revenues received from non-members for qualified open access activities. (Sec. 802) Amends the IRC, with respect to tax-exempt bond financing of certain electric facilities, to define "private business use" to exclude open access transactions with respect to an electric output facility owned by a governmental unit. Permits certain bond issuers to make an irrevocable election to terminate certain tax-exempt financing for electric output facilities. (Sec. 803) Revises IRC rules for nuclear decommissioning costs to increase the amount permitted to be paid into the Nuclear Decommissioning Reserve Fund. (Sec. 804) Revises prescriptions governing renewable energy tax credits to: (1) expand the definition of qualified facility to include a facility using wind to produce electricity; and (2) deny a credit against tax for electricity sold to utilities under certain contracts. Title IX: Miscellaneous Provision - Instructs the Secretary of Energy to report to Congress on the extent to which actions taken by the States have removed regulatory and statutory barriers to interstate commerce in electric energy.
Bill· HRH.R. 2949 (106th)referred
United States · United States Congress · 24 September 1999
Amends the Individuals with Disabilities Education Act (IDEA) to change the maximum amount to the minimum amount which a State may receive as a grant for any fiscal year for assistance for education of all children with disabilities.
Bill· HRH.R. 2948 (106th)referred
United States · United States Congress · 24 September 1999
Amends the Internal Revenue Code to provide for a deduction for lobbying expenses in connection with State legislation.
Bill· HRH.R. 2934 (106th)open
United States · United States Congress · 23 September 1999
National Youth Technology Corps Act - Amends the Domestic Volunteer Service Act of 1973 to establish a National Youth Technology Corps (NYTC) as part of the Volunteers in Service to America (VISTA) program, using VISTA volunteers who are highly proficient in computer technologies. Includes under NYTC functions: (1) recruiting and organizing youth to implement and maintain computer systems for public schools, community centers, public senior centers, and libraries, and to teach students, teachers, senior citizens, and others how to use computer and other information technologies and systems; (2) promoting such youth's involvement in community services involving the use of technology; (3) promoting entrepreneurship among, and employment opportunities for, such youth in technology-related fields; and (4) providing recognition to affiliated youth and organizations for outstanding efforts and achievements. Requires assignment of such volunteers to projects and programs that meet the antipoverty criteria and provide assistance to persons who are unserved or underserved by computer education programs, according to specified priorities. Allows such programs and projects to be administered by various specified types of entities. Requires equitable distribution of such volunteers. Requires NYTC to consist of all VISTA volunteers who are working on the described projects and programs. Provides for proportionate reduction of NYTC funds for any fiscal year for which VISTA funding is reduced.
Bill· HRH.R. 2926 (106th)referred
United States · United States Congress · 23 September 1999
Comprehensive Access and Responsibility in Health Care Act of 1999 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any restriction on advice provided to a participant or beneficiary. (Sec. 101) Requires a plan or health insurance coverage offered by a health insurance issuer, if it provides benefits for: (1) emergency or ambulance services, to cover emergency services, including emergency ambulance services, without preauthorization and without regard to whether or not the health care provider is a participating one, among other specified conditions; (2) gynecological or obstetric specialist care benefits, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care benefits, to allow designation of a pediatric specialist as the primary care provider. Outlines rules permitting continuity of care for scheduled surgery, pregnancy, and terminal illness during specified transition periods because of provider termination as well as rules governing individual participation in approved clinical cancer trials. Requires a Secretary of Health and Human Services (HHS) study of, and report to Congress with regard to, cancer clinical research and its cost implications for managed care. (Sec. 102) Amends ERISA to require certain plan disclosures to network providers under specified conditions. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions and to include certain information with adverse coverage decisions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: Group Health Plan Review Standards - Amends ERISA to require group health plans, in the case of included group health benefits, to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to requests for benefit payments, accelerated need requests, advance coverage determinations, medical necessity determinations, and experimental treatment determinations. Provides for internal and, in certain circumstances, external review of initial coverage decisions. Establishes certain review requirements. (Sec. 121) Outlines sanctions, which include civil monetary penalties, cease and desist orders, and removal (in the case of a fiduciary) for review violations. Provides for: (1) expedited court review; (2) awarding of attorney fees; and (3) concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. (Sec. 122) Amends ERISA to: (1) establish a special rule for access to specialty care; and (2) set out requirements for treatment of prescription drugs and medical devices as experimental or investigational. (Sec. 124) Exempts health care response information from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as specified other information developed by a health care provider, including internal review, to reduce mortality, morbidity, or for improving patient care or safety. Subtitle D: Small Business Access and Choice for Entrepreneurs - Amends ERISA to define "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a bona fide trade, industry, or professional association, or a chamber of commerce (or a similar bona fide business association) organized and maintained for substantial purposes other than that of obtaining or providing medical care. Provides for association and self-insured association plan certification and mandates a class certification procedure for association plans. (Sec. 131) Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified minimum surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Directs the applicable authority to establish a Solvency Standards Working Group to make appropriate recommendations. Mandates advance notice to participants and beneficiaries of voluntary certified plan termination. Requires either corrective action or plan termination whenever it is determined that a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Makes the requirements for certification under this subtitle with regard to association health plans applicable only in connection with included group health plan benefits provided under the plan. Declares that the provisions of this subtitle supersede certain related State laws. Directs the Secretary to report to Congress the effect association health plans have had (if any) on reducing the number of uninsured individuals. (Sec. 132) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 133) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 134) Imposes criminal penalties for falsely representing any plan or other arrangement providing certain benefits as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 135) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Subtitle E: Health Care Access, Affordability, and Quality Commission - Amends ERISA to establish the Health Care Access, Affordability, and Quality Commission to: (1) conduct studies of certain critical areas, which include independent expert external review programs and consumer friendly information programs; (2) develop a form for remittance of claims to providers; (3) evaluate existing and proposed benefit requirements for group health plans, upon appropriate congressional request; and (4) submit to appropriate congressional committees written comments on certain reports by the Secretary to such committees. Authorizes appropriations. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act (PHSA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any restriction on advice provided to a participant or beneficiary. (Sec. 201) Requires a plan or health insurance coverage offered by a health insurance issuer, if it provides benefits for: (1) emergency or ambulance services, to cover emergency services, including emergency ambulance services, without preauthorization and without regard to whether or not the health care provider is a participating one, among other specified conditions; (2) gynecological or obstetric specialist care benefits, to provide those benefits without authorization or referral by a primary provider; or (3) routine pediatric specialist care benefits, to allow designation of a pediatric specialist as the primary care provider. Outlines rules on continuity of care and individual participation in approved clinical cancer trials that are similar to those outlined above in title I of this Act. Requires, as well, a similar HHS Secretary study of, and report to, Congress concerning cancer clinical research and managed care. (Sec. 202) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Amends PHSA to require disclosure by health insurance issuers of group health plans to plan administrators of information necessary to: (1) provide participants and beneficiaries with information in a manner and to an extent consistent with that above under subtitle B of title I of this Act; and (2) include a similar mandate for advance notice with regard to drug formularies that is also under such subtitle. (Sec. 212) Details requirements for treatment of prescription drugs and medical devices as experimental or investigational. Subtitle C: HealthMarts - Amends PHSA to require that HealthMarts: (1) be legal entities composed of small employers, employees of small employers, certain other individuals, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees and their dependents and to certain other individuals at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that any coverage made available to an eligible employee or individual in a geographic area be offered to all eligible employees or individuals in the same area. (Sec. 221) Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the HealthMart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include: (1) coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, or a medical savings or flexible spending account; (2) coverage that includes a point-of-service option; or (3) any combination of those coverages. Requires a HealthMart to permit employers or certain individuals, if coverage is offered through the HealthMart for such an employer or individual, to contract for such coverage. Prohibits the HealthMart from varying eligibility conditions (including premium rates and membership fees). Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits a HealthMart from denying enrollment to eligible individuals based on health, except as otherwise permitted. Supersedes certain related State laws and makes them inapplicable, except with regard to coverage option availability, with respect to coverage through a HealthMart. Provides for the application of: (1) certain existing ERISA and PHSA requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the HHS Secretary to administer this subtitle. Subtitle D: Community Health Organizations - Amends PHSA to allow a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the HHS Secretary and other requirements are met. (Sec. 231) Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code (IRC) to prohibit a group health plan from imposing on a health professional any restriction on advice provided to a participant or beneficiary. (Sec. 301) Requires a plan, if it provides benefits for: (1) emergency or ambulance services, to cover emergency services, including emergency ambulance services, without preauthorization and without regard to whether or not the health care provider is a participating provider, among other specified conditions; (2) gynecological or obstetric specialist care benefits, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary care provider. Outlines rules on continuity of care and individual participation in approved clinical cancer trials that are similar to those outlined above in titles I and II of this Act. Provides for associated study and reporting requirements similar to those in titles I and II of this Act. Subtitle B: Medical Savings Accounts - Amends IRC to repeal provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Subtitle C: Tax Incentives for Health Care - Amends the IRC to provide, among other changes, for: (1) a graduated tax deduction for health and long-term care insurance coverage costs of an individual, with such deduction increased to100 percent of the amount paid during a taxable year for such coverage costs for taxable years after calendar year 2006, while disallowing such tax deduction for coverage costs under certain subsidized employer plans; (2) a limited, refundable tax credit for qualified health insurance coverage costs of an individual taxpayer, his spouse, and dependents; (3) a requirement that any person who conducts a trade or business and receives payments during any calendar year from any individual for coverage of such individual or any other individual under creditable health insurance shall make a prescribed tax return relating to such payments; (4) advance payment of health insurance credit for purchasers of qualified health insurance; and (5) carryover of unused benefits from cafeteria plans and flexible spending or similar arrangements to later taxable years. (Sec. 323) Directs the HHS Secretary to provide for a study and report to Congress on State safety-net health insurance programs for the medically uninsurable. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which PHSA title XXI (Vaccines) applies; or (2) under ERISA. Preempts State laws inconsistent with this title, but not those that impose greater restrictions than those in this title. Excludes non-economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 412) Limits non-economic damages that may be awarded to an injured claimant. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the non-economic damages due to the defendant's fault. Allows limited punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non- economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 413) Limits contingent fees. Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. (Sec. 414) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims in civil health care matters; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines.
Bill· HRH.R. 2923 (106th)open
United States · United States Congress · 23 September 1999
Amends the Internal Revenue Code to allow an individual to offset the individual's entire regular tax liability, without regard to the minimum tax, by the personal nonrefundable credits (including the dependent care credit, the credit for the elderly and disabled, the adoption credit, the child tax credit, the credit for interest on certain home mortgages, the HOPE Scholarship and Lifetime Learning credits, and the District of Columbia homebuyer's credit ). (Sec. 1) Repeals the requirement that reduces the refundable child credit by the amount of an individual's minimum tax. (Sec. 2) Extends from June 30, 1999, through June 30, 2004, the tax credit for increasing scientific research activities. Revises the alternative incremental research credit rate by specified percentage increases in components of the rate formula. Declares that the research tax credit attributable to the period from June 30, 1999, through September 30, 2000, (suspension period): (1) shall not be taken into account with respect to any failure to pay estimated income tax for any taxable year in determining the amount of any installment due before October 1, 2000; and (2) shall not be allowed for any taxable year ending before October 1, 2000. States that any such credit disallowed for any taxable year ending before October 1, 2000, shall be treated as a payment of the income tax due for such year. Provides for an accelerated refund of any tax overpayment resulting from such treatment of the research tax credit, if the refund application is filed before October 1, 2001. Waives estimated tax penalties for any period before June 30, 1999, for any underpayment of tax created or increased by reason of the treatment of the research tax credit by this Act. (Sec. 3) Extends from January 1, 2000, until January 1, 2005, the subpart F exclusion of active banking, financing, or similar income from taxable foreign personal holding company income, insurance income, and foreign base company services income to which ten- percent U.S. shareholders of a controlled foreign corporation are subject regardless of whether such income is distributed to them. (Sec. 4) Extends from January 1, 2000, until January 1, 2005, suspension of the 100-percent-of-net-income limitation on the deduction for percentage depletion from marginal oil and natural gas wells. (Sec. 5) Extends from June 30, 1999, through December 31, 2001, the work opportunity tax credit (WOTC) (equal to a specified percentage of qualified first-year wages paid to individuals hired from one or more specified target groups) and the welfare-to-work tax credit (equal to a specified percentage of the first $20,000 of eligible wages paid to qualified long-term recipients of family assistance under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act). Revises the exclusion from qualified first-year wages for WOTC purposes of any wages paid to an individual if, before the hiring date, such individual had been employed by the employer at any time during which he or she was not a member of a targeted group. Repeals the limitation of the exclusion to individuals previously employed while not a member of a targeted group thus excluding the wages of previously employed individuals even if they were members of a targeted group during the previous employment).
Bill· HRH.R. 2936 (106th)referred
United States · United States Congress · 23 September 1999
Amends the Internal Revenue Code to extend provisions: (1) permitting personal tax credits to be fully allowed against regular tax liability; and (2) subjecting the child tax credit for three or more children to reduction by the alternative minimum tax.
Resolution· HRESH.Res. 300 (106th)open
United States · United States Congress · 23 September 1999
Waives provisions of rule XI of the Rules of the House of Representatives that require a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with respect to resolutions reported by such Committee on or before the legislative day of October 1, 1999, to provide for the consideration or disposition of either of the following measures, including any amendment, conference report, or any amendment from conference in disagreement thereon: (1) a bill or joint resolution making continuing appropriations for FY 2000; or (2) a conference report to accompany a bill making general appropriations for such fiscal year.
Resolution· HRESH.Res. 301 (106th)open
United States · United States Congress · 23 September 1999
Sets forth the rule (open) for the consideration of H.R. 325 (Federal minimum wage increase). Prohibits the Clerk of the House of Representatives from preparing the engrossment of H.R. 325 until the 30th calendar day following its passage. Provides that if, before such day, the House has passed a bill introduced by Representative Charles B. Rangel and Representative John S. Tanner relating to tax relief for small businesses, then the Clerk shall immediately prepare the engrossment. Directs the Clerk upon the passage of such bill within the described period, in the engrossment of H.R. 325, to: (1) add the text of the bill at the end of H.R. 325; and (2) make appropriate conforming changes.
Resolution· HRESH.Res. 302 (106th)referred
United States · United States Congress · 23 September 1999
Declares it is the sense of the House of Representatives that the House should: (1) not consider legislation that would spend any of the social security surplus; (2) resist any effort to spend the on-budget surplus should Congress and the administration not reach an agreement on the issue of taxes; and (3) continue to pursue efforts to continue to reduce the $3.618 trillion in debt held by the public.
Bill· SS. 1612 (106th)open
United States · United States Congress · 22 September 1999
Missouri River Basin, Middle Loup Division Facilities Conveyance Act - Directs the Secretary of the Interior to convey the Sherman Reservoir, Milburn Diversion Dam, Arcadia Diversion Dam, related canals and other related lands, water rights, acquired land, distribution and diversion facilities, contracts, personal property, and other U.S.-owned associated interests (the Project) to the Farwell Irrigation District, the Sargent Irrigation District, and the Loup Basin Reclamation District (the Districts) in consideration of payment to the Secretary: (1) by the Districts, of an amount not to exceed $3 million; and (2) by the Western Area Power Administration, of $2 million. Requires such conveyance be made concurrently with the making of the payment by the Districts, but the payment by the Western Area Power Administration shall be made from capacity and energy charges at Pick-Sloan Missouri Basin Program firm power rates received in FY 1999 or any subsequent fiscal year in which the amount of power sale revenue received exceeds the amount of interest and operation and maintenance obligations of the Western Area Power Administration by at least $2 million, to the extent of the excess. (Sec. 3) Provides for the conveyance of such Project without regard to whether all necessary legal environmental remedial action on any part of the Project has been completed. Extinguishes on the date of such conveyance all obligations between the Commissioner of Reclamation and the Districts relating to the Project and the Repayment and Water Service Contracts. Provides for the Commissioner and the Districts to each pay half of the costs associated with environmental compliance. States that there shall be credited toward the payment made by the Districts: (1) the amount of any payment made by the Districts before the date of the conveyance for environmental compliance in excess of half of the cost of compliance; (2) the amount of any payments made by the Districts under contracts with the Commissioner before January 1, 1999, and the date of the conveyance; (3) the present value of future operation and maintenance costs required for historic preservation on Project land at Sherman Reservoir; and (4) any other amount specified in the memorandum of agreement between the Commissioner and the Districts under this Act. Requires that, of the $2 million paid by the Western Area Power Administration, $500,000 be deposited in the trust fund established by the Districts under this Act, and be available for additional drainage projects. Authorizes appropriations for such additional drainage projects. (Sec. 5) Prohibits the conveyance from being made until the following events have been completed: (1) environmental compliance; and (2) the execution of memoranda of agreement between the Commissioner and the Districts describing the purchase price and other terms and conditions and an agreement by the Districts to manage the Project substantially similar to the manner in which it was managed before the conveyance, including providing for the establishment by the Districts of a Nebraska-Middle Loup River Community Environmental Trust (the District Trust) and by the Nebraska Game and Parks Commission of a Nebraska-Middle Loup River Game and Parks Trust (the Game and Parks Commission Trust). Requires the Secretary, on receipt of the payments by the Districts and the Western Area Power Administration, to deposit in the District Trust: (1) $2 million of the amount received from the Districts; and (2) the entire amount received from the capacity and energy charges at Pick-Sloan firm power rates described above. Prohibits any payment under this Act from: (1) being subject to Federal or State income tax; or (2) affecting Pick-Sloan Missouri Basin firm power rates. Declares that the Trusts shall by their charters prohibit the use of any funds deposited in the District Trust for routine operation and maintenance work by the Districts, the Game and Parks Commission, or any of the participating agencies of the Trusts. Requires the Game and Parks Commission Trust to provide for direct priority assistance to the Districts for drainage work in the Middle Loup River Valley under conditions requiring greater trust fund investments than are available from the Trust. Requires the Secretary and the Districts, if the conveyance is not substantially completed on or before December 31, 2000, to promptly submit a status report on such conveyance to the appropriate congressional committees. Provides that the Project shall no longer have a flood control component.
Bill· SS. 1611 (106th)referred
United States · United States Congress · 22 September 1999
Amends the Internet Tax Freedom Act to make the three-year moratorium on State and local taxation of the Internet permanent. Includes within such prohibition sales or use taxes for domestic or foreign goods acquired through electronic commerce Expresses the sense of the Senate that U.S. foreign trade representatives should advocate the United States' position that Internet commerce should not be subject to national or local regulation, taxation, or tariffs.
Bill· HRH.R. 2913 (106th)referred
United States · United States Congress · 22 September 1999
Juvenile Accountability and Diversion Act of 1999 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to units of local government for the purpose of employing juvenile accountability coordinators each of whom shall provide comprehensive services to juveniles (and their families) who come within the juvenile justice system and who are not alleged to have committed a serious crime. Directs the Administrator to take into consideration: (1) the per capita rate of offenses (other than serious crimes) committed by juveniles in the geographical area under the jurisdiction of each unit of local government that applies for a grant for that fiscal year; and (2) the economic resources available to such local governmental unit. Limits the aggregate amount of such grants to a particular unit of local government for a fiscal year to $300,000. Sets forth grant eligibility requirements, including assurances that: (1) the grant will be used only to employ, as part of the juvenile justice system administered by such local governmental unit, one or more qualified juvenile accountability coordinators, subject to specified requirements (including record-keeping requirements); and (2) if a juvenile complies with a diversion accountability plan, such local governmental unit will not adjudicate the offense with respect to which such plan is developed. Sets forth reporting requirements. Authorizes appropriations.
Bill· HRH.R. 2912 (106th)referred
United States · United States Congress · 22 September 1999
Amends title XIX (Medicaid) of the Social Security Act (SSA) with respect to the transitional increased Federal matching rate for increased administrative costs related to Medicaid-eligibility determinations of individuals receiving aid or assistance under SSA title IV part A (Temporary Assistance for Needy Families) (TANF). Repeals the expiration of additional Federal funds for such Medicaid-eligibility determinations (thus making such provisions permanent and such additional Federal funds available on a fiscal year basis). Includes as administrative expenditures those attributable to the administrative costs of eligibility determinations under SSA title XXI (Children's Health Insurance) (CHIP) with regard to children and pregnant women and outreach to such populations likely to be eligible for such benefits.
Bill· HRH.R. 2918 (106th)open
United States · United States Congress · 22 September 1999
Dakota Water Resources Act of 1999 - Amends Federal provisions relating to the Garrison water diversion unit, North Dakota (part of the Pick-Sloan Missouri River Basin Program), to: (1) revise the stated purpose of offsetting the loss of farmland resulting from the construction of features of such Program to provide for offsetting such loss by means of a multipurpose federally- assisted water resource project providing irrigation, municipal, rural, and industrial water systems, fish, wildlife, and other natural resource conservation and development, recreation, flood control, ground water recharge, and augmented stream flows; and (2) authorize the State of North Dakota, jointly with the Secretary of the Interior, to construct such project within the State. Directs the Secretary to estimate the actual construction cost of unit facilities already in existence, as well as their annual operation, maintenance, and replacement costs. Makes the Secretary responsible for operation and maintenance (O&M) costs of that portion of the capacity of such facilities that remain unused. Makes the State responsible for: (1) O&M costs of the proportionate share of existing unit facilities that are used and for the full O&M costs of any facility constructed; and (2) the cost of providing energy to authorized unit facilities. Requires the Secretary to enter into one or more contracts with North Dakota to carry out this Act, including O&M of the completed unit facilities and design and construction of new facilities. Declares that the Secretary, prior to construction of any water systems authorized under this Act to deliver Missouri River water into the Hudson Bay Basin, must determine that adequate treatment can be provided to meet certain treaty requirements. (Sec. 3) Revises provisions concerning unit operational costs to make nonreimbursable: (1) all fish and wildlife enhancement costs incurred in connection with waterfowl refuges or production areas, as well as wildlife conservation areas proposed for Federal or State administration; and (2) 50 percent of recreation area costs, if non-Federal public bodies assume the remainder of such costs. Provides for the determination of such non-Federal share. Deauthorizes Taayer Reservoir and Lonetree Dam and Reservoir as project features. (Sec. 4) Allows the calculation of interest during construction of a feature only until such feature is substantially complete, and regardless of whether it is placed into service. (Sec. 5) Includes certain areas of North Dakota within the area in which the Secretary is authorized to develop irrigation facilities, but prohibits the development of any such facility in the Hudson Bay-Devils Lake Basin. Allows such developed irrigation to receive Pick-Sloan pumping power. Directs the Secretary to: (1) maintain the Snake Creek Pumping Plant, New Rockford Canal and McClusky Canal features of the principal supply works; (2) as appropriate, rehabilitate or complete such features consistent with the purposes of this Act; (3) select a preferred alternative to implementing this Act; and (4) in making this selection, consider, as one alternative, connecting to principal supply works already in existence. Requires the Secretary to investigate and report on an undesignated 28,000 acres of irrigation areas in North Dakota. (Sec. 6) Prohibits any reallocation of project costs to Pick-Sloan customers. (Sec. 7) Revises provisions authorizing the construction of municipal, rural, and industrial water systems in North Dakota to: (1) authorize the State to use Federal and non-Federal funds for grants or loans for such systems (provides for proceeds from loan repayments and any interest thereon to be treated as Federal funds); (2) make additional projects eligible for such funding; (3) authorize the State to develop and implement a water conservation program; (4) make nonreimbursable the costs of features constructed on the Missouri River by the Secretary of the Army before the date of enactment of this Act; and (5) add Turtle Mountain to the areas in which the Secretary is required to maintain necessary water systems. (Sec. 8) Directs the Secretary to select and construct a feature or features to deliver Missouri River water to the Sheyenne River water supply and release facility. Directs the Secretary and the State to jointly report to Congress on the comprehensive water quality needs of the Red River Valley and options for meeting those needs. Requires environmental impact statements to be provided. Directs the Secretary to construct, operate, and maintain a Sheyenne River water supply and release feature capable of delivering a specified water supply for the cities of Fargo and Grand Forks and surrounding communities. (Sec. 9) Directs the Secretary to enter into an agreement with the State to convey U.S. rights and interests in the Oakes Test Area. (Sec. 10) Authorizes additional appropriations to carry out provisions added by this Act. (Sec. 11) Directs the Secretary to make an annual Federal contribution from specified funds authorized under this Act to the Natural Resources Trust (previously named the Wetlands Trust), limiting such annual contribution to $12 million. Directs the Secretary to make additional annual contributions equal to five percent of the total amount appropriated for such Trust in a fiscal year. Adds to authorized Trust uses the enhancement, restoration, and management of grassland conservation and riparian areas. Adds to Trust authority the power to fund incentives for conservation practices by landowners.
Bill· HRH.R. 2898 (106th)open
United States · United States Congress · 21 September 1999
Amends the Internal Revenue Code to reduce to 21 years old the minimum age for a person without children to qualify for the earned income credit.
Bill· HRH.R. 2902 (106th)referred
United States · United States Congress · 21 September 1999
Pension Benefits Protection and Preservation Act of 1999 - Amends the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA) to require the plan administrator of any large (100 or more participants) defined employee benefit plan (applicable plan) to notify each applicable individual of any adoption of plan amendments that may reduce future benefit accruals of one or more participants to a specified significant extent (plan amendments), with details on the change's possible effect on the individual's pension, at least 45 days before such a plan change becomes effective. Directs the Secretary of the Treasury to enforce specified age discrimination provisions relating to pensions under the Code, without regard to the portion of the preamble to a specified Treasury Decision which relates to allocation of interest adjustments through normal retirement age under a cash balance plan. Declares that such preamble is, and has been since its adoption, without the force of law. Requires applicable plans to offer, in addition to the notice and written statement of benefit change, opportunity for applicable individual participants to elect to continue benefit accruals, without regard to such plan amendments, under the former defined benefit plan instead of under a cash benefit plan. Imposes an excise tax for the failure of any applicable pension plan to offer an opportunity to applicable participants to continue benefit accruals under the former defined benefit plan in the event of significant reductions in future plan accruals. Sets the amount of such tax at 50 percent of the excess pension assets in the plan. Makes the plan liable for such tax in the case of a multiemployer plan, and the employer liable in any other case. Prohibits pension plan amendments that reduce future accrued benefits for years of service for any participants in applicable plans (large defined benefit plans with 100 or more members). Sets forth criteria, under both the Code and ERISA, for determining when a pension plan amendment by an applicable plan shall be treated as reducing the accrued benefit of a participant.
Bill· HRH.R. 2894 (106th)referred
United States · United States Congress · 21 September 1999
Amends the Internal Revenue Code to classify certain restaurant buildings as 15-year depreciable property.
Bill· SS. 1593 (106th)open
United States · United States Congress · 16 September 1999
Bipartisan Campaign Reform Act of 1999- Amends the Federal Election Campaign Act of 1971 (FECA) with respect to soft money to, among other changes: (1) prohibit a national committee of a political party (including specified related entities) from soliciting or receiving contributions or making expenditures not subject to FECA; (2) require a State, district, or local committee of a political party to make Federal election year expenditures (with exceptions) for specified Federal election activities from funds subject to FECA; (3) prohibit a national, State, district, or local committee from soliciting or donating funds to a tax-exempt organization; and (4) prohibit an incumbent or candidate for Federal office or an entity directly or indirectly established , financed, maintained or controlled by or acting on behalf of one or more candidates or incumbents from soliciting or receiving funds not subject to FECA, including funds for any Federal election activity and from soliciting, receiving, directing, transferring, or spending funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds meet specified requirements. Establishes an individual annual limit of $10,000 for State committee contributions. Increases the aggregate individual contribution limit to $30,000. Requires national and State committees to report all receipts and disbursements. Repeals the building fund exception to the definition of contribution. Amends the National Labor Relations Act to declare it to be an unfair labor practice for a labor organization to receive payments from an employee pursuant to an agreement requiring such non-member employee to make payments in lieu of organization dues or fees without establishing a specified objection procedure under which the non-member's fees are reduced by the percentage that would be used to support political activities (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al).
Bill· SS. 1596 (106th)open
United States · United States Congress · 16 September 1999
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 - Title I: Department of Veterans Affairs - Makes FY 2000 appropriations for the Department of Veterans Affairs for: (1) veterans' compensation, pensions, and readjustment benefits; (2) veterans' insurance and indemnities; (3) veterans' housing, education, and vocational rehabilitation loan accounts; (4) veterans' medical care; (5) medical and prosthetic research; (6) medical administration; (7) the General post fund, national homes; (8) departmental administration; (9) the National Cemetery Administration; (10) the Office of Inspector General; (11) construction; (12) the parking revolving fund; and (13) grants to States for construction of extended care facilities and cemeteries. Sets forth authorized uses of, and limitations on, funds made available under this title. Title II: Department of Housing and Urban Development - Makes FY 2000 appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) the Public Housing Capital and Operating Funds; (3) drug elimination grants for low-income housing; (4) revitalization of severely distressed public housing; (5) Native American housing block grants; (6) Indian housing loan guarantees; (7) establishment of an Office of Rural Housing and Economic Development in HUD; (8) housing opportunities for persons with AIDS; (9) community development block grants; (10) brownfields redevelopment; (11) the HOME investment partnerships program; (12) homeless assistance grants; (13) housing for special populations; (14) the Federal Housing Administration; (15) the Government National Mortgage Association; (16) housing policy development and research; (17) fair housing activities; (18) the Lead Hazard Reduction Program; (19) management and administration; (20) the Office of Inspector General; and (21) carrying out the Federal Housing Enterprise Financial Safety and Soundness Act of 1992. Sets forth authorized uses of, and limitations on, funds made available under this title. (Sec. 204) Amends the AIDS Housing Opportunity Act to provide for allocation of resources for housing for persons with AIDS to States that received an allocation in a prior fiscal year for having more than 1,500 AIDS cases outside of a metropolitan statistical area with a population exceeding 500,000. Repeals a minimum grant requirement under such Act. (Sec. 205) Amends the Housing and Community Development Act of 1992 to extend the Secretary of HUD's authority to enter into certain risk-sharing agreements to determine Federal credit enhancements for loans for affordable multifamily housing. Extends to FY 2000 a provision that increases the number of units to which those agreements may apply in FY 1999. (Sec. 206) Authorizes eligible low-income housing project owners to: (1) prepay mortgages on such projects; and (2) request voluntary termination of a mortgage insurance contract with respect to such a project, notwithstanding certain requirements under the National Housing Act. Permits mortgage prepayment or contract termination only if: (1) such prepayment or termination is consistent with the terms of the mortgage on, or insurance contract for, the project; (2) the owner agrees not to increase rent charges for any project dwelling during the 60-day period beginning on the prepayment or termination; and (3) the owner provides notice of intent to prepay or terminate within a certain time period, with specified exceptions. (Sec. 209) Amends provisions of the National Housing Act regarding payments of claims on defaulted mortgages with respect to multifamily housing units and health facilities to allow full (in addition to partial) payment of claims under one or more mortgage insurance contracts in connection with certain mortgage restructurings. (Sec. 210) Amends the United States Housing Act of 1937 to direct owners responsible for determining a participant's eligibility or level of benefits to require families receiving certain HUD family income matching information to disclose such information. Includes families who receive such information and dwell in units receiving certain project-based assistance within the list of families subject to the disclosure requirement. (Sec. 211) Amends the United States Housing Act of 1937 to delete a provision regarding an emergency reserve and set-aside funds under the section regarding the Public Housing Capital and Operating Funds. (Sec. 214) Establishes compensation ceilings with respect to funds provided for the Public Housing Operating Fund and the Youthbuild program. (Sec. 216) Amends the United States Housing Act of 1937 to authorize the Secretary of HUD to establish income ceilings, with respect to eligibility for public housing or project-based Section 8 assistance, that are higher or lower than 30 percent of the area median income based on findings that such variations are necessary because of unusually high or low family incomes. (Sec. 217) Requires the Comptroller General to certify to Congress on a quarterly basis on the cost of time attributable to the failure of HUD to cooperate in any General Accounting Office (GAO) investigation with regard to HUD activities. Directs the Secretary of HUD to reimburse GAO for such costs from the salaries and expenses account. (Sec. 218) Amends the Cranston-Gonzalez National Affordable Housing Act to allow funds made available for home investment partnerships to be used to preserve housing assisted or previously assisted with Section 8 assistance. (Sec. 219) Exempts public housing agencies in Alaska and Mississippi from certain membership requirements for their boards of directors under the United States Housing Act of 1937. (Sec. 220) Requires the Secretary of HUD to transfer the administration of the Small Cities component of the Community Development Block Grants program to the State of New York, to be administered by the Governor. (Sec. 221) Authorizes the Secretary of HUD to renew project-based rental housing contracts under section 8 of the United States Housing Act of 1937 at up to market levels. Directs the Secretary to: (1) offer to renew expired section 8 contracts at up to market levels in low-vacancy areas or areas with concentrations of elderly or disabled families; and (2) establish certain market rents. Authorizes ten-year section 8 contract renewals. (Sec. 222) Amends Section 8 of the United States Housing Act of 1937 to provide for enhanced voucher assistance for certain families in projects where mortgages have been prepaid, mortgage insurance contracts have been terminated, or Section 8 rental assistance contracts have expired or been terminated. Authorizes appropriations. Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to provide for Section 8 enhanced voucher assistance for certain tenants in housing where Section 8 assistance is not renewed. Amends the Low-Income Housing Preservation and Resident Homeownership Act of 1990 to provide for Section 8 enhanced voucher assistance for certain tenants in housing where mortgages have been prepaid or insurance contracts have been terminated. Title III: Independent Agencies - Makes FY 2000 appropriations for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Department of the Treasury for community development financial institutions; (4) the Consumer Product Safety Commission; (5) the Corporation for National and Community Service; (6) the Office of Inspector General; (7) the Court of Veterans Appeals; and (8) the Department of Defense for Army cemeterial expenses. Appropriates funds for the Environmental Protection Agency (EPA) for: (1) science and technology activities; (2) environmental programs and management; (3) the Office of Inspector General; (4) buildings and facilities; (5) Superfund; (6) the leaking underground storage tank program; (7) oil spill response programs; and (8) assistance to States and Indian tribes for environmental programs and infrastructure. Appropriates funds for: (1) the Executive Office of the President for the Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; and (2) the Federal Deposit Insurance Corporation Office of Inspector General. Makes appropriations for the Federal Emergency Management Agency (FEMA) for: (1) disaster relief; (2) disaster assistance direct loans; (3) salaries and expenses; (4) the Office of Inspector General; (5) emergency management planning and assistance; (6) a specified emergency food and shelter program;(7) the National Flood Insurance Fund; and (8) the National Insurance Development Fund. Amends the National Flood Insurance Act of 1968 to extend through FY 2000: (1) a certain ceiling on obligations issued under the national flood insurance program; and (2) the authorization of appropriations for certain studies. Makes appropriations for: (1) the General Services Administration for the Consumer Information Center; (2) the National Aeronautics and Space Administration for the International Space Station, launch vehicles and payload operations in support of the space shuttle program, science, aeronautics, and technology research and development, mission support, and the Office of Inspector General; (3) the National Credit Union Administration's Central Liquidity Facility; (4) the National Science Foundation for research, major construction projects, science and engineering education and human resources programs, salaries and expenses, and the Office of Inspector General; (5) the Neighborhood Reinvestment Corporation; and (6) the Selective Service System. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title IV: General Provisions - Sets forth provisions regarding availability, and prohibitions on the use, of funds appropriated by this Act. Expresses the sense of the Congress that equipment and products purchased with funds made available in this Act should be American-made. (Sec. 423) Bars the use of funds made available in this Act to carry out a specified executive order regarding federalism. (Sec. 426) Prohibits the obligation of funds provided in this Act after February 15, 2000, unless each agency that receives such funds provides justifications to the Appropriations Committees for all salary and expense activities for FY 2001 through 2005. (Sec. 427) Amends the Fair Housing Act to require prospective complainants, before filing a complaint involving a published notice, statement, or advertisement that indicates a preference or discrimination with respect to the sale or rental of housing, to serve a prospective respondent with notice of the alleged violation to allow remedial action by the respondent. Prohibits an administrative action from being brought by the prospective complainant if the respondent acts to cease publication of the alleged item in violation within 72 hours of receipt of notice or prior to the next publication, whichever is greater. Bars civil actions by aggrieved persons under the same circumstances.
Bill· SS. 1597 (106th)referred
United States · United States Congress · 16 September 1999
Enhanced Incentives for Charitable Giving Act of 1999 - Amends the Internal Revenue Code to permit charitable contributions to be made to qualified low-income schools after the end of a tax year, if such contributions are made before the required filing time. Permits non-itemizers to deduct a portion of their charitable contributions. Increases the percentage limitations applicable to individual and corporate charitable contributions. Sets forth a limited exception to the excess business holdings rule.