datamatters24/research-document-archive huggingface dataset:
Sec. 301. Amendments to section 106.
Sec. 302. Amendments to section 107(a).
Sec. 303. Innocent parties.
Sec. 304. Statutory construction.
Sec. 305. Livestock treatment.
Sec. 306. Liability relief for small businesses, municipal solid waste, sewage
sludge, and municipal owners and operators.
Sec. 307. Amendments to section 113.
Sec. 308. Liability of response action contractors.
Sec. 309. Amendments to section 122.
Sec. 310. Clarification of liability for recycling transactions.
Sec. 311. Allocation.
TITLE IV—REMEDY SELECTION
Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.
TITLE V—GENERAL PROVISIONS
Sec. 501. Trust Fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. Oil Pollution Act.
TITLE VI—FUNDING
Subtitle A—Expenditures From the Hazardous Substance Superfund
Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Subtitle B—Extension of Hazardous Substance Superfund
Sec. 611. Extension of Hazardous Substance Superfund.
SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act,
and the amendments made by this Act, shall become effec-
tive on the date of the enactment of this Act.
TITLE I—BROWNFIELDS
REVITALIZATION
SEC. 101. SAVINGS PROVISION.
Nothing in this title (including the amendments made
by this title) may be construed to affect the President’s
authority to respond to a release or threatened release of
a hazardous substance, pollutant, or contaminant under
section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980.
SEC. 102. BROWNFIELDS.
(a) IN GENERAL.—Title I (42 U.S.C. 9601 et seq.)
is amended by adding at the end the following:
‘‘SEC. 127. BROWNFIELDS.
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ADMINISTRATIVE
COST.—The term ‘ad-
ministrative cost’ does not include the cost of—
‘‘(A) site inventories;
I
106TH CONGRESS
1ST SESSION
H. R. 12
To limit the jurisdiction of the Federal courts with respect to prison release
orders.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. DELAY introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To limit the jurisdiction of the Federal courts with respect
to prison release orders.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LIMITATION ON PRISONER RELEASE ORDERS.
(a) IN GENERAL.—Chapter 99 of title 28, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1632. Limitation on prisoner release orders
‘‘(a) 
LIMITATION.—Notwithstanding 
section
3626(a)(3) of title 18 or any other provision of law, in
a civil action with respect to prison conditions, no court
of the United States or other court listed in section 610
shall have jurisdiction to enter or carry out any prisoner
release order that would result in the release from or non-
admission to a prison, on the basis of prison conditions,
of any person subject to incarceration, detention, or ad-
mission to a facility because of a conviction of a felony
under the laws of the relevant jurisdiction, or a violation
of the terms or conditions of parole, probation, pretrial
release, or a diversionary program, relating to the commis-
sion of a felony under the laws of the relevant jurisdiction.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the terms ‘civil action with respect to pris-
on conditions’, ‘prisoner’, ‘prisoner release order’,
and ‘prison’ have the meanings given those terms in
section 3626(g) of title 18; and
‘‘(2) the term ‘prison conditions’ means condi-
tions of confinement or the effects of actions by gov-
ernment officials on the lives of persons confined in
prison.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 99 of title 28, United States Code, is
amended by adding at the end the following new item:
‘‘1632. Limitation on prisoner release orders.’’.
(c) CONSENT DECREES.—
(1) TERMINATION OF EXISTING CONSENT DE-
CREES.—Any consent decree that was entered into
before the date of the enactment of the Prison Liti-
gation Reform Act of 1995, that is in effect on the
day before the date of the enactment of this Act,
and that provides for remedies relating to prison
conditions shall cease to be effective on the date of
the enactment of this Act.
(2) 
DEFINITIONS.—As 
used 
in 
this
subsection—
(A) the term ‘‘consent decree’’ has the
meaning given that term in section 3626(g) of
title 18, United States Code; and
(B) the term ‘‘prison conditions’’ has the
meaning given that term in section 1632(c) of
title 28, United States Code, as added by sub-
section (a) of this section.
Æ
(5) Allowing health care professionals to nego-
tiate collectively with health care plans will not
change the professionals’ ethical duty to continue to
provide medically necessary care to their patients.
SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO HEALTH
CARE PROFESSIONALS NEGOTIATING WITH
HEALTH PLANS.
(a) IN GENERAL.—Any health care professionals who
are engaged in negotiations with a health plan regarding
the terms of any contract under which the professionals
provide health care items or services for which benefits
are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under
the antitrust laws as the treatment to which bargaining
units which are recognized under the National Labor Rela-
tions Act are entitled in connection with such collective
bargaining. Such a professional shall, only in connection
with such negotiations, be treated as an employee engaged
in concerted activities and shall not be regarded as having
the status of an employer, independent contractor, mana-
gerial employee, or supervisor.
(b) PROTECTION FOR GOOD FAITH ACTIONS.—Ac-
tions taken in good faith reliance on subsection (a) shall
not be the subject under the antitrust laws of criminal
I
106TH CONGRESS
1ST SESSION
H. R. 1301
To amend the Clean Air Act to prohibit the listing of liquefied petroleum
gas under section 112(r) of that Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. BLUNT (for himself, Mrs. EMERSON, Ms. DANNER, Mr. TAUZIN, Mr.
TALENT, Mr. GRAHAM, Mr. SMITH of Michigan, Mr. BACHUS, and Mr.
SKELTON) introduced the following bill; which was referred to the Com-
mittee on Commerce
A BILL
To amend the Clean Air Act to prohibit the listing of
liquefied petroleum gas under section 112(r) of that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that:
(1) The Environmental Protection Agency has
included propane under the Risk Management Pro-
gram (RMP).
HR 1301 IH
(2) Propane is not toxic, yet the RMP is in-
tended to reduce risks associated with toxic chemical
accidents.
(3) Propane is listed in section 241 of the
Clean Air Act and section 301 of the Energy Policy
Act of 1992 as a clean alternative fuel.
(4) Including propane in the RMP will degrade
air quality of stifling development of propane as an
alternative fuel and causing propane users to switch
to less environmentally desirable fuels.
(5) Facilities storing propane are already regu-
lated in all 50 States by Safety Standard 58, Lique-
fied Petroleum Gas Code, published by the National
Fire Protection Association (NFPA).
(6) The inclusion of propane in the RMP dupli-
cates the extensive safety infrastructure in all 50
states through building and fire codes.
SEC. 2. AMENDMENT OF CLEAN AIR ACT.
Section 112(r)(3) of the Clean Air Act (42 U.S.C.
7412(r)(3)) is amended by inserting the following before
the next-to-last sentence thereof: ‘‘Liquefied petroleum
gas shall not be included on any such list.’’.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 1302
To amend the Fair Labor Standards Act of 1938 to exempt from the min-
imum wage recordkeeping and overtime compensation requirements cer-
tain specialized employees.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. BOEHNER (for himself and Mr. ANDREWS) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to exempt
from the minimum wage recordkeeping and overtime
compensation requirements certain specialized employees.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sales Incentive Com-
pensation Act’’.
SEC. 2. EXEMPTION.
Section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)) is amended by striking the pe-
riod at the end of paragraph (17) and inserting a semi-
colon and by adding at the end the following:
‘‘(18) any employee employed in a sales position
if—
‘‘(A) the employee has specialized or tech-
nical knowledge related to products or services
being sold;
‘‘(B) the employee’s—
‘‘(i) sales are predominantly to per-
sons or entities to whom the employee’s
position has made previous sales; or
‘‘(ii) position does not involve initi-
ating sales contacts;
‘‘(C) the employee has a detailed under-
standing of the needs of those to whom the em-
ployee is selling;
‘‘(D) the employee exercises discretion in
offering a variety of products and services;
‘‘(E) the employee receives—
‘‘(i) base compensation, determined
without regard to the number of hours
worked by the employee, of not less than
an amount equal to one and one-half times
the minimum wage in effect under section
6(a)(1) multiplied by 2,080; and
‘‘(ii) in addition to the employee’s
base compensation, compensation based
upon each sale attributable to the em-
ployee;
‘‘(F) the employee’s aggregate compensa-
tion based upon sales attributable to the em-
ployee is not less than 40 percent of one and
one-half times the minimum wage multiplied by
2,080;
‘‘(G) the employee receives a rate of com-
pensation based upon each sale attributable to
the employee which is beyond sales required to
reach the compensation required by subpara-
graph (F) which rate is not less than the rate
on which the compensation required by sub-
paragraph (F) is determined; and
‘‘(H) the rate of annual compensation or
base compensation for any employee who did
not work for an employer for an entire calendar
year is prorated to reflect annual compensation
which would have been earned if the employee
had been compensated at the same rate for the
entire calendar year.’’.
SEC. 3. CONSTRUCTION.
The amendment made by section 2 may not be con-
strued to apply to individuals who are employed as route
sales drivers.
Æ
‘‘(B) an amount equal to the compensation
includible in the individual’s gross income for
such taxable year.
‘‘(2) SPECIAL RULE FOR EMPLOYER CONTRIBU-
TIONS UNDER SIMPLIFIED EMPLOYEE PENSIONS.—
This section shall not apply with respect to an em-
ployer contribution to a simplified employee pension.
‘‘(3) GRANDFATHERED PLANS.—Notwithstand-
ing paragraph (1), the amount allowable as a deduc-
tion under subsection (a) with respect to any con-
tributions on behalf of an employee to a plan de-
scribed in section 501(c)(18) of the Internal Reve-
nue Code of 1986 shall not exceed the lesser of—
‘‘(A) $7,000, or
‘‘(B) an amount equal to 25 percent of the
compensation (as defined in section 415(c)(3))
includible in the individual’s gross income for
such taxable year.
‘‘(4) SPECIAL RULE FOR SIMPLE RETIREMENT
ACCOUNTS.—This section shall not apply with re-
spect to any amount contributed to a simple retire-
ment account established under section 408(p).
‘‘(c) SPECIAL RULES FOR CERTAIN MARRIED INDI-
VIDUALS.—
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to property placed in service on
or after January 1, 1999.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 1304
To ensure and foster continued patient safety and quality of care by making
the antitrust laws apply to negotiations between groups of health care
professionals and health plans and health insurance issuers in the same
manner as such laws apply to collective bargaining by labor organizations
under the National Labor Relations Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. CAMPBELL (for himself, Mr. CONYERS, Mr. MILLER of Florida, Mr.
HOEFFEL, Mr. BAKER, Mr. LAFALCE, Mr. COOKSEY, Mr. PALLONE, Mr.
NADLER, Mr. HORN, Mr. FROST, Mr. FILNER, Mr. BOUCHER, Mr.
WEXLER, Mr. SCARBOROUGH, Ms. SCHAKOWSKY, Mr. SHOWS, Mr.
SANDLIN, Mr. TOWNS, Mr. BLAGOJEVICH, Mr. BROWN of Ohio, Mr.
PAUL, Mr. COBURN, Mr. GANSKE, Mr. DELAHUNT, Mr. ROHRABACHER,
Mr. MCCOLLUM, and Mr. KLINK) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To ensure and foster continued patient safety and quality
of care by making the antitrust laws apply to negotia-
tions between groups of health care professionals and
health plans and health insurance issuers in the same
manner as such laws apply to collective bargaining by
labor organizations under the National Labor Relations
Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Quality Health-Care
Coalition Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A large number of Americans receive their
health care coverage from managed health care
plans. This represents a 10-fold increase over the
last 20 years. Serious questions have been raised
about the quality of care patients are receiving
under these plans.
(2) Changes in the health care industry have
led to an increased concentration of health care
plans, including more than 162 mergers in the last
10 years.
(3) The McCarran-Ferguson Act has created an
enhanced opportunity for market power of insurance
companies in health care and has given such compa-
nies significant leverage over health care providers
and patients.
(4) Permitting health care professionals to ne-
gotiate collectively with health care plans will create
a more equal balance of negotiating power, will pro-
mote competition, and will enhance the quality of
patient care.
(2) CONTRACT.—The term ‘‘contract’’ means a
contract, tariff, license, or warranty.
(3) 
DEFENDANT.—The 
term 
‘‘defendant’’
means any person against whom a year 2000 claim
is asserted.
(4) ECONOMIC
LOSS.—The term ‘‘economic
loss’’—
(A) means any damages other than dam-
ages arising out of personal injury or damage
to tangible property; and
(B) includes damages for—
(i) lost profits or sales;
(ii) business interruption;
(iii) losses indirectly suffered as a re-
sult of the defendant’s wrongful act or
omission;
(iv) losses that arise because of the
claims of third parties;
(v) losses that are required to be
pleaded as special damages; or
(vi) items defined as consequential
damages in the Uniform Commercial Code
or an analogous State commercial law.
(5) MATERIAL DEFECT.—
sanctions nor of any civil damages, fees, or penalties be-
yond actual damages incurred.
(c) LIMITATION.—The exemption provided in sub-
section (a) shall not confer any right to participate in any
collective cessation of service to patients not otherwise per-
mitted by law.
(d) DEFINITIONS.—For purposes of this section:
(1) ANTITRUST
LAWS.—The term ‘‘antitrust
laws’’—
(A) has the meaning given it in subsection
(a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent such section 5 ap-
plies to unfair methods of competition, and
(B) includes any State law similar to the
laws referred to in subparagraph (A).
(2) HEALTH PLAN AND RELATED TERMS.—
(A) IN GENERAL.—The term ‘‘health plan’’
means a group health plan, a health insurance
issuer that is offering health insurance cov-
erage, a Medicare+Choice organization that is
offering a Medicare+Choice plan, or a Medicaid
managed care entity offering benefits under
title XIX of the Social Security Act.
(B) 
HEALTH
INSURANCE
COVERAGE;
HEALTH
INSURANCE
ISSUER.—The 
terms
‘‘health insurance coverage’’ and ‘‘health insur-
ance issuer’’ have the meanings given such
terms under paragraphs (1) and (2), respec-
tively, of section 733(b) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C.
1191b(b)).
(C) GROUP
HEALTH
PLAN.—The term
‘‘group health plan’’ has the meaning given that
term in section 733(a)(1) of the Employee Re-
tirement Income Security Act of 1974 (29
U.S.C. 1191b(a)(1)).
(D) MEDICARE+CHOICE
ORGANIZATION;
MEDICARE+CHOICE
PLAN.—The 
terms
‘‘Medicare+Choice 
organization’’ 
and
‘‘Medicare+Choice plan’’ have the meanings
given such terms in subsections (a)(1) and
(b)(1) of section 1859 of the Social Security
Act (42 U.S.C. 1395w–28).
(E) MEDICAID MANAGED CARE ENTITY.—
The term ‘‘Medicaid managed care entity’’ has
the meaning given the term ‘‘managed care en-
tity’’ under section 1932(a)(1)(B) of the Social
Security Act (42 U.S.C. 1396u–2(a)(1)(B)).
(3) HEALTH CARE PROFESSIONAL.—The term
‘‘health care professional’’ means an individual who
provides health care items or services, treatment, as-
sistance with activities of daily living, or medications
to patients and who, to the extent required by State
or Federal law, possesses specialized training that
confers expertise in the provision of such items or
services, treatment, assistance, or medications.
Æ
IIB
106TH CONGRESS
2D SESSION
H. R. 1304
IN THE SENATE OF THE UNITED STATES
JUNE 30, 2000
Received
JULY 27, 2000
Read twice and referred to the Committee on Health, Education, Labor, and
Pensions
AN ACT
To ensure and foster continued patient safety and quality
of care by making the antitrust laws apply to negotia-
tions between groups of health care professionals and
health plans and health insurance issuers in the same
manner as such laws apply to collective bargaining by
labor organizations under the National Labor Relations
Act.
HR 1304 RFS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Quality Health-Care
Coalition Act of 2000’’.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO HEALTH
CARE PROFESSIONALS NEGOTIATING WITH
HEALTH PLANS.
(a) IN GENERAL.—Any health care professionals who
are engaged in negotiations with a health plan regarding
the terms of any contract under which the professionals
provide health care items or services for which benefits
are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under
the antitrust laws as the treatment to which bargaining
units which are recognized under the National Labor Rela-
tions Act are entitled in connection with such collective
bargaining. Such a professional shall, only in connection
with such negotiations, be treated as an employee engaged
in concerted activities and shall not be regarded as having
the status of an employer, independent contractor, mana-
gerial employee, or supervisor.
(b) PROTECTION FOR GOOD FAITH ACTIONS.—Ac-
tions taken in good faith reliance on subsection (a) shall
not be the subject under the antitrust laws of criminal
scribed in subsection (a) shall not be considered to
be assistance for purposes of any provision of law
limiting assistance to a country.
(2) INAPPLICABILITY
OF
CERTAIN
PROHIBI-
TIONS RELATING TO CANCELLATION OF DEBT.—A
cancellation of debt described in subsection (a) may
be exercised notwithstanding section 620(r) of the
Foreign Assistance Act of 1961 (22 U.S.C.
2370(r)).
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 1306
To amend title 28, United States Code, to provide for an additional place
of holding court for the Western Division of the Central Judicial District
of California.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mrs. CAPPS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 28, United States Code, to provide for an
additional place of holding court for the Western Division
of the Central Judicial District of California.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ADDITIONAL PLACE OF HOLDING COURT IN
WESTERN DIVISION OF CENTRAL DISTRICT
OF CALIFORNIA.
Section 84(c)(2) of title 28, United States Code, is
amended by inserting ‘‘and Santa Barbara’’ after ‘‘Los
Angeles’’ the second place it appears.
Æ
SECTION 1. DESIGNATION.
The United States courthouse located at 40 Centre
Street in New York, New York, shall be known and des-
ignated as the ‘‘Thurgood Marshall United States Court-
house’’.
SEC. 2. REFERENCES.
Any references in a law, map, regulation, document,
paper, or other record of the United States to the United
States courthouse referred to in section 1 shall be deemed
to be a reference to the ‘‘Thurgood Marshall United States
Courthouse’’.