United States · United States Congress · 26 February 1998
Persian Gulf Veterans Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) a disease or disability occurring in a Persian Gulf War veteran that: (1) the Secretary of Veterans Affairs determines to have a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such disease or disability in the veteran during the period of service. Provides the same presumption for diseases and disabilities determined to be positively associated with such service by reason of having a prevalence among Persian Gulf veterans greater than such prevalence among matched peers who are veterans or active duty servicemembers of the same era who were neither deployed nor vaccinated for deployment (and which becomes manifest within the prescribed period). Requires the Secretary to make the above determinations based on sound medical and scientific evidence and within 60 days after receipt of reports submitted by the National Academy of Sciences (NAS) as required under this Act. (Sec. 3) Directs the Secretary to enter into an agreement under which NAS shall: (1) identify the agents or hazards to which Gulf War veterans may have been exposed; (2) identify the diseases that are manifest in such members; and (3) determine whether a disease occurs in a Persian Gulf veteran with a greater prevalence than in matched peers who were neither deployed nor vaccinated for deployment. Directs NAS to determine whether a statistical association exists between exposure to such agent or hazard and the disease, separately review potential treatment models and evolving technologies to identify such diseases, make recommendations for additional studies, perform subsequent reviews of available evidence and data, and report to the Secretary, the Secretary of Defense, and the veterans and defense committees (designated committees) concerning NAS activities under this Act. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 4) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on diseases of, and treatment provided to, Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires the Secretary to: (1) continually compile and analyze all appropriate clinical data contained in the database; and (2) report annually, along with the Secretary of Defense, to the designated committees with respect to such data analysis. (Sec. 5) Directs the Secretary to carry out a research program of the evolving technologies available to measure the exposure to certain agents or hazards associated with Gulf War service, as well as the diagnosis of diseases resulting from such exposure. Directs the Secretary and the Secretaries of Defense and Health and Human Services to jointly report to the designated committees on research results. (Sec. 6) Directs the Secretary and the Secretary of Defense to carry out an ongoing program to provide Gulf War veterans with information relating to: (1) any health risks determined to be associated with Persian Gulf service; and (2) any services or benefits available with respect to such health risks.
United States · United States Congress · 26 February 1998
Family Genetic Privacy and Protection Act - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market. Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Regulates employer disclosure of and access to genetic information. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Establishes the National Bipartisan Commission on the Use of Genetic Information to make recommendations with respect to the development and implementation of standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, but in particular clinical settings, including appropriate exceptions. Requires the Commission to report to the President and the Congress on its recommendations, findings, and conclusions. Terminates the Commission 30 days after submission of such report.
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Remedy Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title III: Right to Know Title IV: Environmental Justice Title V: Children's Environmental Health Title VI: Brownfield Remediation and Environmental Cleanup Subtitle A: Brownfields Subtitle B: Innocent Landowners and Prospective Purchaser Liability Subtitle C: Department of Housing and Urban Development Brownfield Grants Title VII: Natural Resource Damages Title VIII: Federal Facilities Title IX: Liability Title X: Funding Title XI: Miscellaneous Children's Protection and Community Cleanup Act of 1998 - 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 in 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 the 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 whenever 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 the 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. 205) 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 2000 through 2004. (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. 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 1999 through 2003. (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. 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 the 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 2003. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. 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.
United States · United States Congress · 25 February 1998
Regional Skills Training Alliances Act of 1998 - Directs the Secretary of Commerce to make grants to improve the job skills necessary for employment in specific industries. Requires the Secretary to do so acting through the Director of the National Institute of Standards and Technology. Makes eligible for such grants regional consortia that: (1) must have representatives from not less than ten businesses (or a nonprofit organization that represents at least ten businesses); and (2) may have representatives from labor organizations, State and local governments, educational institutions, and nonprofit organizations that represent businesses. Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses. Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds. Authorizes appropriations.
United States · United States Congress · 25 February 1998
Incentive for Achievement Through Pell Grants Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a program to increase Pell grant awards to students who graduate in the top ten percent of their high school class.
United States · United States Congress · 25 February 1998
Amends the Omnibus Parks and Public Land Management Act of 1996 to authorize additional appropriations for fiscal years beginning after FY 1998 for the preservation and restoration of historic buildings and structures at eligible historically black colleges and universities.
United States · United States Congress · 24 February 1998
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
United States · United States Congress · 12 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to delay from FY 1998 to FY 1999 the effective date of the per beneficiary limits under the interim payment system for home health agencies. Changes from FY 1994 to FY or (at the home health agency's election) calendar 1995 the base year for calculating new payment rates under the system for cost reporting periods beginning on or after October 1, 1998.
United States · United States Congress · 12 February 1998
Women's Rights National Historic Trail Act of 1998 - Directs the Secretary of the Interior to study and report to specified congressional committees on alternatives for establishing a national historic trail commemorating and interpreting the history of women's rights in the United States.
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 3 February 1998
Safe Food Action Plan Act - Directs the Secretary of Agriculture to: (1) establish food safety research, education, and extension as a priority within the Department of Agriculture; and (2) designate a Food Safety Rapid Response Team within the Department. (Sec. 5) Amends the Federal Agriculture Improvement and Reform Act of 1996 to emphasize food safety within the Fund for Rural America. (Sec. 6) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness. Authorizes related contracts, grants, and cooperative agreements. (Sec. 7) Authorizes the Secretary to enter into cooperative agreements for the development and commercialization of food safety technology.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 13 November 1997
Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.
United States · United States Congress · 13 November 1997
New Member Transition Act of 1997 - Amends the Supplemental Appropriations Act, 1972 to provide that certain allowances of the House of Representatives, including for postage stamps, stationery, telephone, and telegraph, shall be for the 12-month period beginning December 1. Provides that for a newly elected Member of the House of Representatives: (1) the allowance for the first year of the new Congress shall be available for the period beginning December 1 of the year preceding the beginning of the new Congress, if no challenge to the election has been filed within a specified period; and (2) such Member shall receive on that date one-twelfth the annual salary for a House Member as an allowance or for moving costs. Requires an incumbent House Member who has not been reelected to vacate the Member's official office space by December 1.
United States · United States Congress · 12 November 1997
Haitian Refugee Immigration Fairness Act of 1997 - Provides for the permanent resident status adjustment of certain Haitian nationals (and their spouses and children) who were paroled into the United States or filed for amnesty before a specified date. Sets forth stay of removal and work authorization provisions.
United States · United States Congress · 9 November 1997
Commission on the Advancement of Women in Science, Engineering, and Technology Development Act - Establishes the Commission on the Advancement of Women in Science, Engineering, and Technology Development to study and report to the President and the Congress on the recruitment, retention, and advancement of women in science, engineering, and technology. Terminates the Commission one year after the submission of its report. Directs the National Science Foundation to conduct a study of the educational opportunities available to women who desire to enter the fields of science, engineering, and technology.
United States · United States Congress · 9 November 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 8 November 1997
Amends title XIX (Medicaid) of the Social Security Act to declare that any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies shall not be treated as an overpayment.
United States · United States Congress · 7 November 1997
Medicare Venipuncture Fairness Act of 1997 - Amends the Balanced Budget Act of 1997 to repeal provisions denying payment for home health benefits based solely on venipuncture to obtain a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 7 November 1997
Police Pursuit and Rescue Support Act - Authorizes and encourages the Secretary of Defense to make military helicopters and their crews available, upon request, to assist State and local law enforcement agencies to perform law enforcement and rescue operations.
United States · United States Congress · 7 November 1997
Tampon Safety and Research Act of 1997 - Amends the Public Health Service Act to mandate the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or to the children of women who use those products during or before the pregnancies involved. Requires that the research include research to confirm the data on feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of the products. Requires that research results be submitted to the Congress, specified governmental agencies, and the public.
United States · United States Congress · 7 November 1997
Sound Science for the Environment Act - Authorizes and directs the National Science Foundation (NSF) to establish a National Institute for the Environment to: (1) initiate, facilitate, and perform comprehensive assessments of the current state of knowledge of environmental issues and their implications; (2) establish a Center for Environmental Assessment; (3) award competitively grants and contracts for extramural scientific research; (4) establish an Office of Research and a universally accessible National Library for the Environment; and (5) sponsor education and training of environmental scientists and professionals and improve public environmental literacy. Establishes a Board of Governors for the Institute. Requires the Institute to be operated by a nonprofit organization under contract with the NSF. Provides for interagency acquisition of information and requires the Committee on Environment and Natural Resources of the National Science and Technology Council or an equivalent body to serve as an Interagency Advisory Committee to ensure that the scientific efforts of the Institute and Federal agencies are complementary. Makes scientists, engineers, and other researchers eligible to receive funding from the Institute. Authorizes appropriations.
United States · United States Congress · 7 November 1997
Urges the President to authorize the transfer of ownership of one of the bells taken from the town of Balangiga on the island of Samar, Philippines, which are currently displayed at F.E. Warren Air Force Base, to the people of the Philippines.
United States · United States Congress · 7 November 1997
Expresses the sense of the Congress that: (1) The Women's Museum: An Institute for the Future, in Dallas, Texas, should be designated as a Millenium Project for the United States; and (2) Federal agencies and institutions should support the establishment and operation of the Museum.
United States · United States Congress · 4 November 1997
Army Reserve-National Guard Equity Reimbursement Act - Authorizes the Secretary of the Army to reimburse Army personnel deployed to or from Europe during the period beginning on October 1, 1996, and ending on May 31, 1997, in support of operations in Bosnia for expenses incurred in the shipment of personal property if such shipment, if made on June 1, 1997, would otherwise have been covered by a temporary change of station weight allowance authorized by the Department of the Army.
United States · United States Congress · 31 October 1997
Calls for establishment of a National Week of Reflection and Tolerance encouraging communities and institutions around the nation to engage in events and activities that are reflective, educational, celebratory, and healing as they relate to diversity among Americans.
United States · United States Congress · 28 October 1997
Health Care Worker Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act and Federal veterans benefits law to make it a condition of participation, except in specified circumstances, that hospitals use only designated hollow-bore needle devices that minimize the risk of needlestick injury to health care workers when furnishing services to individuals under the Medicare program and to individuals in veterans hospitals. Directs the Commissioner of Food and Drugs to designate classes of hollow-bore needle devices that minimize the risk of needlestick injury, in consultation with an advisory council the Commissioner shall establish for such purpose. Directs the Secretary of Health and Human Services to provide for such education and training in the use of such designated devices as the Secretary determines appropriate. Authorizes appropriations.
United States · United States Congress · 23 October 1997
Authorizes the President to award, on behalf of the Congress, a gold medal honoring Wilma G. Rudolph in recognition of her outstanding and enduring contributions to humanity and women's athletics in the United States and the world. Declares the medals to be national medals. Authorizes funding for the cost of the medals, and requires deposit of sale proceeds in the United States Mint Public Enterprise Fund.
United States · United States Congress · 23 October 1997
TABLE OF CONTENTS: Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies Entrepreneurial Equity Capital Formation Act - Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities - Amends the Internal Revenue Code to set forth special rules for determining whether a specialized small business investment company is a regulated investment company, to define such a company, to waive the distribution requirement for such a company, and to disregard certain earnings and profits of such a company. Permits the tax-free reorganization of a specialized small investment company as a partnership if the reorganization is carried out within a specified time period following enactment and other specified conditions are met. Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies - Sets forth additional tax incentives for investing in specialized small business investment companies.
United States · United States Congress · 22 October 1997
Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit.
United States · United States Congress · 22 October 1997
Osteoporosis Early Detection and Prevention Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market.
United States · United States Congress · 22 October 1997
Osteoporosis Federal Employee Health Benefits Standardization Act of 1997 - Amends Federal law concerning Government organization and employees to prohibit contracts from being made or plans approved under the health insurance program for Federal employees which do not include coverage of bone mass measurements of qualified individuals.
United States · United States Congress · 22 October 1997
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to: (1) remove from payments to Medicare+Choice organizations those amounts attributable to disproportionate share hospital (DSH) payments; and (2) direct the Secretary of Health and Human Services to make direct payments to a DSH for any individual: (1) enrolled under a risk-sharing contract with an eligible organization and entitled to benefits under Medicare part A (Hospital Insurance); or (2) enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice).
United States · United States Congress · 1 October 1997
Prohibits the sale of surplus personal property of the Department of Defense (DOD) until the Director of the Defense Logistics Agency (DLA) has certified to the Congress that the following requirements have been satisfied: (1) such property has been inventoried and reclassified to ensure the appropriate degree of demilitarization necessary to render such property safe for public use; (2) the Comptroller General has reviewed and recommended to the Director appropriate changes to the current DOD reclassification system for such property; (3) the Director has established within the DLA an office responsible for the appropriate reclassification of such property; and (4) the Director maintains records of the sale of such property. Prohibits the Secretary of Defense from using the Internet to advertise the sale of such property.
United States · United States Congress · 1 October 1997
Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to repeal the authority and mandate for incentive payments under plans for voluntary reduction in the number of residents in a graduate medical education residency training program. Amends the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from approving or providing any payments for any demonstration project that provides for additional Medicare payments in connection with such a reduction for any residency training year beginning on or after July 1, 1998 (currently before July 1, 2006). Provides that the April 1995 Health Care Financing Administration interpretation of Medicare secondary payer requirements for group health plans with regard to individuals with end stage renal disease (ESRD) shall not apply retroactively to a group health plan that paid benefits primary to SSA title XVIII (but would have paid benefits secondary to such title in the absence of such requirements) on or after August 10, 1993, and before April 24, 1995, on behalf of certain individuals who became entitled or eligible for the ESRD program. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend COBRA continuation coverage for qualified ESRD Medicare beneficiaries for 36 months. Amends SSA title XVIII to provide for an extension of the Medicare ESRD secondary payer period from 30 to 36 months.
United States · United States Congress · 1 October 1997
Cash Consumer Protection Act - Amends the Consumer Credit Protection Act to prohibit any person, in the course of a sale or lease business transaction, from: (1) refusing to make the transaction because the lessee or purchaser does not possess a credit card; or (2) demanding an unreasonable deposit in cash. Provides for injunctions and orders to reimburse for money or property acquired in violation of this Act.
United States · United States Congress · 25 September 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 25 September 1997
Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 13 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care.
United States · United States Congress · 25 September 1997
Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is equal to the regular rate plus a differential of not to exceed 25 percent to be offered as an alternative that patrons may use voluntarily to contribute to funding for prostate cancer research. Requires the Service to pay amounts attributable (additional revenues minus costs) to such differential to the National Institutes of Health under arrangements as mutually agreed, provided payments are made at least twice a year. Requires the Postmaster General to include in each annual report to the Board of Governors information concerning the operation of this Act. Terminates the provisions of this Act at the end of the two-year period beginning on the date on which such postage stamps are first made available to the public.
United States · United States Congress · 24 September 1997
Amends the Immigration and Nationality Act to include certain children born in the Philippines or Japan to U.S. fathers among those children given preferential immigration treatment.
United States · United States Congress · 23 September 1997
Amends the Internal Revenue Code to revise the aggregate amount of credits allowed so that such amount shall not exceed the sum of: (1) the taxpayer's regular tax liability; plus (2) the alternative minimum tax amount. Permits the standard deduction and the deduction for personal exemptions to be used in calculating alternative minimum taxable income.
United States · United States Congress · 18 September 1997
Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States.
United States · United States Congress · 18 September 1997
Amends rule XXXII (admission to the floor) of the Rules of the House of Representatives to replace provisions entitling ex-Members of the House to the privilege of admission to the Hall of the House and rooms leading thereto if they are not in the employ of, or do not represent, any party or organization for the purpose of influencing action on pending legislation with provisions denying admission to any registered lobbyist except an ex-Member to attend ceremonial functions attended by other ex-Members.
![Official portrait of Del. Christensen, Donna M. [D-VI-At Large]](https://www.congress.gov/img/member/c000380_200.jpg)