United States · United States Congress · 6 January 1999
Breast Cancer Patient Protection Act of 1999 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
United States · United States Congress · 6 January 1999
Stop Sweatshops Act - Amends the Fair Labor Standards Act of 1938 to make garment industry manufacturers civilly liable for sweatshop conditions maintained by their contractors. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.
United States · United States Congress · 6 January 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
United States · United States Congress · 15 October 1998
Amends the Telecommunications Act of 1996 to prohibit the Federal Communications Commission from increasing the national audience reach limitations established under such Act for television stations.
United States · United States Congress · 9 October 1998
Expresses the sense of the Congress that the Secretary of State should: (1) take measures to ensure that U.S. assistance and exports of equipment to Mexican security forces are used primarily for counter-narcotics purposes and do not contribute to human rights violations; (2) encourage the Government of Mexico to reduce political tension and violence in Chiapas by disarming paramilitary groups and decreasing its military presence there; (3) commend such Government for inviting the United Nations High Commissioner for Human Rights to visit to discuss the Chiapas conflict; (4) encourage such Government and the Zapatista National Liberation Army to create conditions for good faith negotiations that address the social, economic, and political causes of the conflict; (5) support efforts to provide and monitor relief assistance to displaced persons in Chiapas; and (6) seek a commitment from such Government to respect the rights of U.S. citizens and human rights monitors in Mexico in accordance with Mexican and international law.
United States · United States Congress · 7 October 1998
Judicial Branch Employment Nondiscrimination Act of 1998 - Amends the Civil Rights Act of 1964 to prohibit employment discrimination in the judicial branch of the Government (currently, in the units of the judicial branch of the Government having positions in the competitive service) based on race, color, religion, sex, or national origin.
United States · United States Congress · 2 October 1998
TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at National Institutes of Health Title II: Provisions Relating to Women's Health at Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. Authorizes appropriations. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) breast cancer programs; and (3) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Authorizes appropriations for research into the aging processes of women. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at Centers for Disease Control and Prevention - Adds the provision of support services such as case management to the purposes of breast and cervical cancer programs (authorized under current provisions). Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Allows certain breast and cervical cancer programs to be carried out through grants to public and nonprofit private entities and contracts with public or private entities (currently, through grants and contracts with public or nonprofit private entities). Allows a State to give priority to a nonprofit entity over an entity that is not a nonprofit if the quality of the entities' applications are equivalent. Extends authorizations of appropriations for various preventive health measures relating to breast and cervical cancers. (Sec. 204) Extends the authorizations of appropriations for: (1) centers for research and demonstration regarding health promotion and disease prevention; and (2) community projects to coordinate intervention and prevention of domestic violence.
United States · United States Congress · 1 October 1998
Empowerment Zone Enhancement and Rural Enterprise Communities Act of 1998 - Amends the Internal Revenue Code to authorize: (1) 33 additional rural enterprise communities (with an extended designation deadline); (2) a special designation exception for certain areas based upon emigration, underemployment, or economic adjustment; and (3) empowerment zone eligibility for Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Provides for: (1) designation priority to be given to well performing enterprise communities (with discretionary set-asides for satisfactorily performing communities); and (2) additional specified grants and grant amounts for rural empowerment zones and rural enterprise communities. Authorizes the Secretary of Agriculture to use certain community planning amounts under the Social Security Act to help communities apply for empowerment zone or enterprise community designation. Amends the Internal Revenue Code to repeal the increased expensing restriction for developable noncontiguous sites. Amends the Social Security Act to provide that: (1) the Secretaries of Agriculture and of Housing and Urban Development, rather than the Secretary of Health and Human Services, shall assume certain environmental review responsibility for the urban and rural empowerment zone and enterprise community grants; and (2) the Secretaries may permit fund release for particular projects on the assumption of such responsibility by States, local governments, or Indian tribes. Amends the Federal Agricultural Improvement and Reform Act of 1996 to authorize conveyance of Department of Agriculture excess property to support empowerment zones and enterprise communities.
United States · United States Congress · 25 September 1998
Amends the Taxpayer Relief Act of 1997 to make effective on January 1, 1999, the empowerment zones designated after August 5, 1997, and before February 8, 1998. Amends the Internal Revenue Code to allow, with respect to such zones, the employment credit for 1999.
United States · United States Congress · 15 September 1998
Amends the Child Abuse Prevention and Treatment Act and title IV (Temporary Assistance to Needy Families) (TANF) of the Social Security Act to require States receiving funds under such Acts to have in effect a State law providing for a criminal penalty on an individual who, having knowledge of another individual's commission of a crime of violence or a sex crime against a person under age 18, fails to report such crime to an appropriate State authority.
United States · United States Congress · 15 September 1998
Expresses the sense of the House of Representatives that: (1) the States should move to implement human immunodeficiency virus (HIV) surveillance systems; (2) the Federal Government and the States should ensure that funds follow epidemiological HIV infection trends; (3) there are different approaches to carrying out HIV surveillance systems and the Centers for Disease Control and Prevention (CDCP) should respect the right of each State to determine the best approach in that State; (4) a State that elects to implement an HIV surveillance system should assess HIV surveillance data security and confidentiality and change laws to ensure confidentiality; (5) HIV surveillance systems should not be developed that deter people from using anonymous HIV counseling and testing and other HIV prevention programs; (6) States should work with HIV community planning groups reflective of the demographics of HIV infection and with other local medical and public health institutions to develop their own HIV surveillance programs; and (7) the CDCP should provide comprehensive guidance to States and provide increased funds and technical assistance to ensure the quality and efficiency of HIV surveillance systems selected by the States and facilitate the transition from monitoring only acquired immune deficiency syndrome (AIDS) cases to monitoring both HIV cases and AIDS cases.
United States · United States Congress · 10 September 1998
Code of Conduct on Arms Transfers Act of 1998 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.
United States · United States Congress · 9 September 1998
Sherrice Iverson Act - Amends the Child Abuse Prevention and Treatment Act to require a State, to be eligible to receive Federal grants for child abuse and neglect prevention and treatment, to provide a certification that it has in effect and is enforcing a law providing for a criminal penalty on an individual age 18 or older who fails to report to a State or local law enforcement official that the individual has witnessed another individual in the State sexually abusing a child.
United States · United States Congress · 6 August 1998
Urges the Government of Germany to take necessary action to protect the right of freedom of religion or belief guaranteed to everyone in Germany by international human rights covenants. Declares that the Congress continues to hold the Government of Germany responsible for protecting the right of freedom of religion or belief of U.S. citizens, and for not barring such citizens from living, performing, doing business, or traveling in Germany because of their religious beliefs. Calls upon the President to assert the concern of the U.S. Government to the Government of Germany regarding government discrimination in Germany based on religion or belief.
United States · United States Congress · 30 July 1998
Amends the Federal Reserve Act to expand the types of collateral security which may be required in a Federal Reserve bank application for Federal Reserve notes to include: (1) acceptances acquired under provisions for emergency advances to member banks; (2) receipts of deposits and collections; and (3) discounts of agricultural paper.
United States · United States Congress · 23 July 1998
Medicaid and Children's Health Improvement Amendments of 1998 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to give States the option of covering certain legal immigrant children under Medicaid and CHIP. Directs the Secretary of Health and Human Services to provide for increased allotments under CHIP for the territories. Makes necessary appropriations.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alterative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) support policies and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by not less than 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury and the Department of Defense (DOD) for the enhancement of air coverage and operation for drug source and transit countries. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) for the enhancement of U.S. Coast Guard maritime coverage and operation in drug source and transit countries. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the DOD for the enhancement of radar coverage in drug source and transit countries. Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State and the DOD for the enhancement of drug- related eradication efforts in Colombia. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for: (1) the Department of State for the establishment of a third drug interdiction site at Puerto Maldonado, Peru, to support air bridge and riverine missions for enhancement of drug-related eradication efforts there; and (2) the DOD for operation and maintenance, Defense-wide, for enhancement of drug interdiction efforts in Peru for support of multinational riverine and small boat maintenance training programs in Iquitos, Peru. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Directs the Secretary of State to purchase six Bell 212 high altitude helicopters designated for opium eradication programs in Mexican states of Guerrero, Jalisco, and Sinaloa, for enhancement of drug-related eradication efforts there. Makes this purchase mandate contingent on Mexico's agreement to approve full diplomatic immunity for Drug Enforcement Administration (DEA) personnel serving in Mexico with privileges granted to U.S. Government officials to carry weapons necessary for the performance of their duties. Authorizes appropriations. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. (Sec. 205) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 206) Requires any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) to have substantial professional qualifications in the fields of management and Federal law enforcement, or intelligence. Declares that the DOD shall have sole responsibility in implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). (Sec. 207) Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Requires the Director of National Drug Control Policy to report to the appropriate congressional committees on: (1) the responsiveness and effectiveness of such activities; and (2) the feasibility costs and steps needed to achieve a transfer of the Department of State's Bureau of International Narcotics and Law Enforcement Affairs to the DEA. Authorizes appropriations. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for locating and operating Coast Guard and Navy assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for support for the Venezuelan Joint National Guard and Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the DEA Administrator to transfer or lease a specified amount of nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA, the DOT, the DOD, and the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. (Sec. 502) Expresses the sense of the Congress that the Secretary of Defense should revise the DOD's Global Military Force Policy in order to: (1) treat the international drug interdiction and counter- drug activities of the DOD as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
United States · United States Congress · 21 July 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Nonemergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy, consistent with title XII of part I of the Foreign Assistance Act, to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, universities, businesses, and international agencies to help ensure the availability of basic nutrition and economic opportunities for sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) emphasize programs and projects that improve the food security of children, women, and food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that programs are designed and conducted in cooperation with African and U.S. organizations and institutions (such as private and voluntary organizations, cooperatives, land-grant and other appropriate universities, and local producer-owned cooperative marketing and buying associations) that have expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that, if there is an increase in funding for sub-Saharan programs, the Administrator of AID should proportionately increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to use, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the capacity and efficiency of agricultural production in sub-Saharan Africa of small-scale farmers and small rural entrepreneurs (specifically taking into consideration the needs of women, and using the applied research and technical assistance capabilities of U.S. land-grant universities). (Sec. 103) Authorizes the Administrator of AID to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support private producer-owned cooperative marketing associations there, including rural business associations owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support private agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative purchasing and marketing associations). (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in sub-Saharan Africa. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian International Food Security Trust Act of 1998 - Bill Emerson Humanitarian International Food Security Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 and the Food Security Wheat Reserve Act of 1980 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available, with respect to FY 2000 and subsequent fiscal years, to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for implementing the Africa Food Security Initiative and an estimate of all amounts expended or to be expended on related activities during the current and previous four years.
United States · United States Congress · 25 June 1998
TABLE OF CONTENTS: Title I: Authorities of Departmental Office of Minority Health With Respect to Tobacco Products Title II: Additional Authorities Minority Community Tobacco Reduction Act - Title I: Authorities of Departmental Office of Minority Health With Respect to Tobacco Products - Amends the Public Health Service Act to instruct the Secretary of Health and Human Services to plan, coordinate, and evaluate all minority tobacco activities conducted or supported by Public Health Service agencies (Service agencies). Prescribes a formula for the allocation of funds for such activities. Directs the Secretary, acting through the Deputy Assistant Secretary for Minority Health, to: (1) establish a comprehensive plan for implementation of minority tobacco activities by designated Service agencies according to prescribed guidelines and criteria; (2) ensure that minority tobacco activities are provided in contexts that are culturally and linguistically appropriate; and (3) ensure that there is in operation an advisory committee appointed from among non-Federal individuals experienced in minority-health concerns. Requires allocation to minority tobacco activities, according to a specified formula, of any block grants to States made pursuant to national tobacco legislation. Authorizes the use of such grant funds to: (1) establish or operate an office of minority health; or (2) make grants to Indian Health Service area offices. Title II: Additional Authorities - Directs the Secretary to make grants from amounts received by the Federal Government pursuant to national tobacco legislation to: (1) establish at certain minority medical schools endowments whose income shall be used exclusively for public health programs and biomedical research on diseases for which tobacco product consumption is the principal causal factor; (2) public and private nonprofit private entities for research, training, and demonstrations regarding child health and biomedical research (including with respect to tobacco products); and (3) community, migrant, and homeless health centers to assist them in providing health services and prevention activities for tobacco-related diseases. (Sec. 204) Makes Federal grants available to provide transition assistance to certain entities whose activities had previously been supported through the advertising or promotion of tobacco interests. (Sec. 205) Exempts from the application of national tobacco legislation the use of tobacco and tobacco products by Indian tribes for religious, ceremonial, and traditional purposes.
United States · United States Congress · 23 June 1998
Expresses the sense of the House of Representatives that: (1) the Congress must assure that the fundamental protections that social security provides for American families are available for generations to come; (2) the problems facing the social security system are manageable and can be prudently addressed by making careful and modest changes; (3) hastily conceived and radical solutions, such as utilizing social security system resources to fund individual accounts, require significant reductions in guaranteed benefits, are not necessary to assure the financial solvency of the system, and should be rejected; (4) solutions to a projected shortfall should be enacted within the existing social security structure, without compromising the guaranteed nature of benefits to individuals and families under the social security system; and (5) any solutions adopted by the Congress must be nondiscriminatory and equitable to Americans of all ages and must help insure American workers and their families against the economic risks associated with disability, the death of a parent or spouse, and retirement.
United States · United States Congress · 22 June 1998
Commends the armed forces for their efforts, leadership, and success in providing equality of treatment and opportunity for their military and civilian personnel without regard to race, color, religion, or national origin. Recognizes the Department of Defense's celebration of the 50th anniversary of the integration of the armed forces.
United States · United States Congress · 19 June 1998
International Arms Sales Code of Conduct Act of 1998 - Directs the President to attempt, through negotiations with all Wassenaar Arrangement countries, to achieve the foreign policy goal of an international arms sales code of conduct that restricts or prohibits arms transfers to countries that: (1) do not respect democratic processes and the rule of law; (2) do not adhere to internationally recognized norms on human rights; or (3) are engaged in acts of armed aggression. Directs the President to report on such negotiations to the appropriate congressional committees.
United States · United States Congress · 17 June 1998
Rural Enterprise Communities Act of 1998 - Amends the Internal Revenue Code to authorize: (1) 33 additional rural enterprise communities (with an extended designation deadline); (2) designation of certain noncontiguous parcels as empowerment zones or enterprise communities; (3) a special designation exception for certain areas based upon emigration, underemployment, or economic adjustment; and (4) empowerment zone eligibility for Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Provides for: (1) designation priority to be given to top performing enterprise communities; and (2) additional specified grants and grant amounts for rural empowerment zones and rural enterprise communities. Authorizes the Secretary of Agriculture to use certain community planning amounts under the Social Security Act to help communities apply for empowerment zone or enterprise community designation. Amends the Federal Agricultural Improvement and Reform Act of 1996 to authorize conveyance of Department of Agriculture excess property to support empowerment zones and enterprise communities.
United States · United States Congress · 11 June 1998
Drugs and Informed Consent Armed Forces Protection Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act to provide that if the Secretary of Defense submits to the Secretary of Health and Human Services (HHS) a request to waive the requirement of prior informed consent with respect to the administration of a drug to members of the armed forces for investigational use, then any determination by the Secretary of Defense that obtaining such consent is not feasible or is contrary to the best interests of the members involved shall not be effective unless the President provides to the HHS Secretary a written statement concurring in that determination.
United States · United States Congress · 11 June 1998
Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with 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 veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise. Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures. Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed. Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families. Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.
United States · United States Congress · 11 June 1998
Condemns and calls for the condemnation of the brutal killing of James Byrd, Jr., which occurred in Jasper, Texas, as unacceptable and outrageous. Declares that the House of Representatives pledges to: (1) do everything in its power to probe the underlying causes of this brutal killing; and (2) join in efforts to bring an end to racism and the underlying fear and hatred and to encourage all Americans to dedicate themselves to ending racism and violence in the United States. Calls on the Federal Bureau of Investigation, the Department of Justice, the White House, and all other Federal law enforcement agencies to conduct an immediate, full, and fair investigation into all of the facts of the case to aggressively respond to this tragedy with indictments. Urges the prosecution to proceed aggressively with a fair but speedy trial.
United States · United States Congress · 10 June 1998
TABLE OF CONTENTS: Title I: Funding for Child Care Title II: Dependent Care Tax Credit Reform Title III: Grants to Business Consortia Subtitle A: Grant Program Subtitle B: General Provisions Title IV: After School Program Subtitle A: 21st Century Community Learning Centers Subtitle B: After School Snacks Subtitle C: After-School Prevention Programs Title V: Model States Early Learning Program Title VI: Standards Enforcement Program Title VII: Child Care Provider Scholarship Program Title VIII: Research and Demonstration Program Title IX: Miscellaneous Subtitle A: Child and Adult Food Program Subtitle B: Mortgage Insurance for Child Care and Development Facilities Subtitle C: Sense of the Congress Affordable and Quality Child Care Act of 1998 - Title I: Funding for Child Care - Amends the Social Security Act (SSA) to make appropriations for FY 1999 through 2003 for child care subsidy funding under the title IV part A program of Block Grants to States for Temporary Assistance for Needy Families (TANF). (Sec. 101) Reserves specified portions of such funds for payments to Indian tribes and for quality assurance and quality improvement activities relating to programs under the Child Care and Development Block Grant Act of 1990 (CCDBGA). Provides for allotment of funds among the States and territories according to a specified formula, or for matching payments based on certain portions of their expenditures for specified purposes authorized under CCDBGA. Requires targeting of such subsidy for child care assistance funds as follows: (1) at least 70 percent to working non-welfare families, who are not TANF recipients under a State or territory program; and (2) at least 40 percent for children who have not attained four years of age. Title II: Dependent Care Tax Credit Reform - Amends the Internal Revenue Code to increase the dependent care tax credit and to provide an equivalent benefit where one parent stays at home to provide child care for child under age four. (Sec. 202) Allows a business-related tax credit for employer expenses for employer-provided child care assistance. (Sec. 203) Allows the dependent care credit against the alternative minimum tax. Title III: Grants to Business Consortia - Subtitle A: Grant Program - Directs the Secretary to make grants to States to provide grants to eligible entities to improve access to affordable, local, quality child care services. (Sec. 301) Makes eligible for such a grant a consortium that: (1) has not received a grant under this title; and (2) consists of representatives from at least five businesses (or a nonprofit organization that represents at least five businesses), each of which, to the maximum extent practicable, is located in the same geographic region. Requires States to give priority, in providing such grants, to eligible entities that consist of a majority of representatives from small businesses. Sets a maximum limit on the amount of any such grant provided to an eligible entity for any fiscal year. (Sec. 302) Sets forth requirements for grant applications, use of funds, and matching funds. Subtitle B: General Provisions - Authorizes appropriations for such child care services grants to business consortia. Title IV: After School Program - Subtitle A: 21st Century Community Learning Centers - Amends the 21st Century Community Learning Centers Act to require that discretionary grants be awarded to local educational agencies (LEAs) for supporting certain programs of public elementary schools or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth. (Sec. 401) Increases the maximum duration of such a grant from three to five years. (Sec. 402) Requires the LEA to demonstrate that it will provide specified portions of the annual costs of project activities from sources other than such grant funds. (Sec. 403) Requires the use of grant funds to establish or expand community learning centers that provide activities that offer expanded learning opportunities for children and youth in the community (such as activities conducted before or after school), and which may include any of the currently authorized activities. (Sec. 405) Extends through FY 2003 the authorization of appropriations for such Act. Authorizes continuation awards of FY 1998 grants. Subtitle B: After School Snacks - Amends the National School Lunch Act to provide for participation by certain additional institutions under the child and adult care food program. Allows such institutions to claim reimbursements for meal supplements which they serve without charge to children in afterschool care. (Sec. 411) Revises eligibility requirements for meal supplements for children in afterschool care. Subtitle C: After-School Prevention Programs - Declares that certain provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as set forth in specified legislation passed by the House of Representatives on May 8, 1997, and in effect for purposes of title I of the Departments of Commerce, Justice, and State Appropriations Act, 1998 (Public Law 105-119) (under the heading Violent Crime Reduction Programs, State and Local Law Enforcement Assistance) shall apply as though amended by this subtitle. Requires that 50 percent of specified amounts paid to a State, local government, or eligible unit be used to improve crime prevention programs in the juvenile justice system. (Sec. 421) Requires such programs to: (1) operate after-school, with high priority given to programs designed and operated by law enforcement personnel, such as police athletic leagues; (2) target high crime neighborhoods or at-risk juveniles; (3) operate educational or recreational activities designed to encourage law-abiding conduct, reduce the incidence of criminal activity, and teach juveniles alternatives to crime; and (4) coordinate with State or local juvenile crime control and juvenile offender accountability programs. Title V: Model States Early Learning Program - Amends SSA title IV part A (TANF) to make appropriations for FY 1999 through 2003 for model States early learning programs. Provides for allotment of funds among the States, territories, and Indian tribes according to a specified formula, or for matching payments based on portions of their expenditures for an early learning program under CCDBGA. (Sec. 501) Amends CCDBGA to establish the Model States Early Learning Program. Sets forth program requirements for State participation and plans, allowable activities, and annual reports. Title VI: Standards Enforcement Program - Amends CCDBGA to establish a program of annual payments to States for child care standards enforcement. (Sec. 601) Requires States, to be eligible for such payments for a fiscal year, to: (1) include a child care standards enforcement plan in their State plans; and (2) report specified data on enforcement of child care quality and safety plans. Authorizes appropriations. Subjects such program to specified requirements for basic grant payments and annual reports. Title VII: Child Care Provider Scholarship Program - Amends CCDBGA to establish a national child care provider scholarship program. (Sec. 701) Sets forth eligibility criteria for scholarship applicants, including: (1) demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training. Includes such program under requirements for State plans, allotments, payments, and annual reports. Authorizes appropriations. Title VIII: Research and Demonstration Program - Amends CCDBGA to authorize the Secretary of Health and Human Services, directly or through grants, contracts, or other arrangements, to carry out research, demonstration projects, and other activities relating to child care, including activities designed to improve the quality and increase the availability of child care. (Sec. 801) Includes among allowable activities under such research and demonstrations program: (1) research on child care needs of low-income families, on good policies and practices, and on retention of child care provider staff; (2) demonstrations of technology-based education and training; (3) demonstration projects for new methods; (4) a National Center on Child Care Statistics; and (5) a hotline to locate local child care resources, and child care consumer education activities. Authorizes appropriations. Title IX: Miscellaneous - Subtitle A: Child and Adult Food Program - Amends the National School Lunch Act to increase reimbursement rates for family or group day care homes under the child and adult care food program. Subtitle B: Mortgage Insurance for Child Care and Development Facilities - Children's Development Commission Act - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure mortgages for: (1) new or rehabilitated child care and development facilities, including mortgage insurance for fire safety equipment loans; and (2) purchase or refinance of existing child care and development facilities. (Sec. 955) Establishes the Children's Development Commission which shall: (1) issue facility standards and compliance certifications; and (2) make loans not in excess of $50,000 for facility rehabilitation or renovation. Authorizes appropriations. (Sec. 956) Directs the Secretary of the Treasury to study the availability of child care facility secondary mortgage markets. Subtitle C: Sense of the Congress - Expresses the sense of the Congress that funds should be appropriated under the amendments made by this Act to the maximum extent authorized and consistently with achieving a balanced Federal budget.
United States · United States Congress · 5 June 1998
Money Laundering Deterrence Act of 1998 - Revises Federal law to expand the scope of immunity from civil liability (under any contract or other legally enforceable agreement, including an arbitration agreement, as well as under Federal or State law) for disclosures of suspicious monetary transactions made by: (1) a financial institution and any of its directors, officers, employees, or agents to an appropriate governmental agency; or (2) an independent accountant who audits a financial institution. Extends such immunity to any failure to notify either the subject of such disclosure, or any other person identified in it. (Sec. 3) Prohibits notification of such disclosures or their contents: (1) to any person involved in the suspect transaction; or (2) by any government staff to other government agencies. Exempts from such prohibition any use of related information by government officers in the conduct of either official duties or law enforcement, regulatory, or investigative proceedings. States that written employment references submitted by a financial institution to another upon request may disclose information concerning possible involvement in suspicious transactions relevant to possible illegalities. Shields from civil liability any financial institution and its directors, officers, employees, and agents for any such disclosures. Authorizes the Secretary to disseminate information contained in such reports to certain self-regulatory organizations subject to the Securities Exchange Act of 1934, if the Securities and Exchange Commission determines it is necessary or appropriate for such organizations' statutory functions. (Sec. 4) Authorizes the Secretary to summon financial institution records in connection with examinations to determine compliance with designated statutory requirements. (Sec. 5) Provides for civil and criminal penalties for violations of orders the Secretary of the Treasury may issue to a financial institution or group of financial institutions in a geographic area (geographic targeting orders). Increases civil and criminal penalties for violations of specified recordkeeping requirements. Amends the Federal Deposit Insurance Act and specified monetary law to increase civil and criminal penalties for violation of recordkeeping requirements. (Sec. 6) Amends the Money Laundering Suppression Act of 1994 to repeal the requirement for a periodic status report by the Secretary to the Congress on progress by the States in enacting a model statute to implement uniform State licensing and regulation of check cashing, currency exchange, and money transmitting businesses. (Sec. 8) Transfers from the Internal Revenue Code to Federal law governing monetary transactions specified reporting requirements relating to coins and currency received in nonfinancial trade or business. (Sec. 9) Expresses the sense of the Congress that the Secretary, in conjunction with the Board of Governors of the Federal Reserve System, should expedite promulgation of "know your customer" regulations for financial institutions.
United States · United States Congress · 7 May 1998
Education Opportunity Zones Act of 1998 - Authorizes the Secretary of Education to award grants for specified activities to local educational agencies (LEAs), or LEA consortia, that: (1) have high concentrations of children from low-income families; (2) have a record of achieving high educational outcomes, in at least some of their schools; (3) are implementing standards-based systemic reform strategies to pursue further reforms and raise the academic achievement of all their students; and (4) are keeping their schools safe and drug-free. Sets forth requirements relating to: (1) grant applications; (2) grantee selection criteria; (3) grant amount, duration, and continuation; (4) authorized activities; (5) grantee LEA school eligibility for, and planning and implementation of, schoolwide programs under certain provisions of the Elementary and Secondary Education Act of 1965; (6) participation of private school students and teachers; (7) evaluation; and (8) reservation of certain funds for national activities. Directs the President to designate the school district served by each LEA selected by the Secretary to receive a grant under this title as an Education Opportunity Zone. Authorizes the President to instruct Federal agencies to provide grant recipients under this title with technical and other assistance. Authorizes appropriations.
United States · United States Congress · 7 May 1998
Amends the 1998 Supplemental Appropriations and Rescissions Act to repeal a certain limitation on the use of appropriations to issue a notice of final rulemaking with respect to crude oil valuation for royalty purposes.
United States · United States Congress · 29 April 1998
Bank Merger Money Laundering Prevention Act - Amends the Bank Holding Company Act of 1956 to require the Board of Governors of the Federal Reserve System, upon receipt of a bank holding company's acquisition or merger application, to: (1) consider a company's effectiveness in combating and preventing money laundering activities; (2) refrain from considering the application of any company which is the subject of a pending Federal investigation or prosecution for money laundering or related financial crimes until such Federal proceeding is completed; and (3) disapprove the application of any company found criminally or civilly liable for money laundering or related financial crime during the five-year period preceding the Board's consideration of its application.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Non-Emergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, U.S. and African businesses, and international agencies to ensure secure livelihoods and adequate nutrition for all sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) use resources for programs and projects that improve the food security of children, women, or food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) to solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that program objectives and interventions are primarily developed and conducted by African and U.S. private and voluntary organizations and other such organizations, including cooperatives and local producer-owned cooperative marketing associations, that have a demonstrated expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that the Administrator of AID should increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to provide, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the efficiency of agricultural production in sub-Saharan Africa (specifically targeting the needs of women, small-scale farmers, and small rural entrepreneurs). (Sec. 103) Directs the President, acting through the Administrator of AID, to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support producer-owned cooperative marketing associations there, including rural business associations that are owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should: (1) issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of women, small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative marketing associations); and (2) jointly cooperate with AID to ensure that adequate administrative funds are available to carry out such activities. (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate the activities of AID-funded international agricultural research centers, U.S. land grant universities, and national agricultural research and extension centers in order that research and extension activities will respond to the needs of small-scale farmers while developing the potential and skills of researchers, extension agents, farmers, and agribusiness persons, and increasing the agricultural productivity, in sub-Saharan Africa. Expresses the sense of the Congress that the Administrator of AID: (1) has disproportionately reduced funding for international agriculture and rural development activities and the number of agricultural specialists who carry out such activities; and (2) should devote more resources and staff to such activities. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 - Bill Emerson Humanitarian Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Subtitle C: International Fund for Agricultural Development - Expresses the sense of the Congress that the United States should maintain its leadership in support for the activities of the International Fund for Agricultural Development (IFAD). (Sec. 221) Directs the Administrator of AID and the Secretary of State to review the effectiveness of the current six-year agreement between AID and the Department of State as it relates to U.S. contributions to IFAD. Directs the Administrator of AID and the Secretary to determine the extent to which the Fund has made progress toward management reforms, self-sufficiency, and poverty reduction in determining the amount of future U.S. contributions to it. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for meeting the goals and objectives of the Africa Food Security Initiative.
United States · United States Congress · 1 April 1998
Disabled Veterans Special Housing Improvements Act of 1998 - Increases from $38,000 to $48,070 the maximum amount of authorized assistance from the Secretary of Veterans Affairs to permanently and totally disabled veterans for the purchase of specially adapted housing. Directs the Secretary to adjust such amounts annually for inflation, beginning in FY 1999.
United States · United States Congress · 1 April 1998
Disabled Veterans Automobile Allowance Improvement Act of 1998 - Increases from $5,500 to $6,837 the maximum amount of authorized assistance from the Secretary of Veterans Affairs to certain disabled veterans for the purchase of an automobile and adaptive equipment necessary for its operation. Directs the Secretary to adjust such amount annually for inflation, beginning in FY 1999.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 25 March 1998
Central American and Caribbean Refugee Adjustment Act of 1998 - Amends the Nicaraguan Adjustment and Central American Relief Act to make certain nationals of Nicaragua, Cuba, El Salvador, Guatemala, Honduras, and Haiti eligible for permanent resident status adjustment under such Act. (Current law applies to nationals of Nicaragua and Cuba.) Makes conforming amendments to the Immigration and Nationality Act, as amended by the Nicaraguan Adjustment and Central American Relief Act.
United States · United States Congress · 19 March 1998
Agricultural Credit Restoration Act - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) one debt forgiveness due to natural disaster or family medical condition; and (3) loan restructuring, write-down, or buy-out as part of the resolution of a discrimination complaint against the Secretary of Agriculture (thus excluding such situations from the ban on lending program eligibility for producers with restructured farm debt). Increases the number of permitted loan (including direct operating and guaranteed loan) write-downs or buy-outs per borrower from one to two. Eliminates the aggregate limitation on per borrower debt forgiveness. Authorizes interstate allocation of unused funds for socially disadvantaged farmers and ranchers.
United States · United States Congress · 19 March 1998
TABLE OF CONTENTS: Title I: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H: National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Limiting the Effects of Violence of Children Subtitle A: Safe Havens for Children Subtitle B: Violence Against Women Prevention Among Youth in Schools Subtitle C: Family Safety Subtitle D: Domestic Violence and Children Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault Subtitle F: Child Abuse Accountability Title III: Sexual Assault Prevention Subtitle A: Rape Prevention Education Subtitle B: Standards, Practice and Training for Sexual Assault Examinations Subtitle C: Prevention of Custodial Sexual Assault by Correction Staff Subtitle D: Hate Crimes Prevention Title IV: Domestic Violence Prevention Subtitle A: Domestic Violence Victims' Housing Subtitle B: Full Faith and Credit for Protection Orders Subtitle C: Victims of Abuse Insurance Protection Subtitle D: National Summit on Sports and Violence Subtitle E: Keeping Firearms From Intoxicated Persons Subtitle F: Access to Safety and Advocacy Subtitle G: Federal Witness Protection for Victims of Domestic Violence Title V: Violence Against Women in the Military System Subtitle A: Civil Jurisdiction for Crimes of Sexual Assault and Domestic Violence Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces Title VI: Preventing Violence Against Women in Traditionally Underserved Communities Subtitle A: Older Women's Protection From Violence Subtitle B: Protection Against Violence and Abuse for Women with Disabilities Subtitle C: Battered Immigrant Women Subtitle D: Conforming Amendments to the Violence Against Women Act Title VII: Violence Against Women and the Workplace Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant Subtitle B: Victims' Employment Rights Subtitle C: Workplace Violence Against Women Prevention Tax Credit Subtitle D: Battered Women's Employment Protection Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women Subtitle F: Workers' Compensation Title VIII: Educational Institutions and Violence Against Women Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus Subtitle B: Student Safety Subtitle C: Violence against Women Training for Health Professions Subtitle D: Campus Hate Crimes Right to Know Title IX: Violence Against Women Intervention, Prevention, and Education Research Violence Against Women Act of 1998 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; and (3) technical assistance and training for State and local domestic violence programs. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 191-3) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention Among Youth in Schools - Authorizes appropriations for the Secretary of Education to implement a program in primary, middle, and secondary schools to educate young people about violence against women. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnapping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends Federal criminal law to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the International Parental Kidnapping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Judicial Code to declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations should be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States should not order specified measures if they may endanger either parent or child; and (4) States should provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants jointly with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds for rape prevention and education programs conducted by rape crisis centers and nonprofit State sexual assault coalitions for specified programs. (Sec. 301) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, State and local sexual assault coalitions and programs, and to other interested parties. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Examinations Act - Directs the Attorney General to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 335) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle D: Hate Crimes Prevention - Hate Crimes Prevention Act of 1998 - Amends Federal criminal law to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 345) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 346) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 347) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence Victims' Housing - Domestic Violence Victims Housing Act - Authorizes appropriations under the United States Housing Act of 1937 solely for public housing agencies and qualified nonprofit organizations to provide tenant-based rental assistance for families leaving a residence due to domestic violence. Subtitle B: Full Faith and Credit for Protection Orders - Amends Federal criminal law to require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends Federal criminal law to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Federal Witness Protection for Victims of Domestic Violence - Amends Federal criminal law to include victims of domestic violence within the Federal Witness Protection Program. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends Federal criminal law to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation and health care for abused dependents of former members of the armed forces. Mandates that an abused dependent of a former member be furnished with medical, dental, and mental health care in uniformed services' facilities with the same eligibility and benefits as were applicable during the former member's active service. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors. Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include within their scope of activities programs targeted to older individuals, including outreach, support groups, and counseling. (Sec. 604-3) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 605-3) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 605-4) Directs such Assistant Secretary to develop curricula and implement continuing education training programs to improve the ability of health care and social services providers to recognize and address instances of elder abuse. (Sec.605-5) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 605-6) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 605-7) Directs the HHS Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Subtitle B: Protection Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Public Health and Human Services Act; (3) Family Violence Prevention and Services Act; (4) Safe Homes for Women Act of 1994; and Equal Justice for Women in the Courts Act of 1994. (Sec. 617) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 619) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 619-1) Authorizes the Attorney General to establish a grants program for States and nongovernmental private entities to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women - Battered Immigrant Women's Protection Act - Expresses the sense of the Congress that it is contrary to the law enforcement purposes of the Violence Against Women Act for State law enforcement officers, prosecutors, or judges to: (1) inquire into the immigration status of a domestic violence victim who is seeking protection from crimes of domestic violence, battering, or extreme cruelty to herself or her children; and (2) report such victims to the Immigration and Naturalization Service. (Sec. 623) Amends the Immigration and Nationality Act to revise guidelines governing a battered spouse or child with respect to: (1) cancellation of removal and adjustment of status; (2) ineligibility for visas or admission; (3) procedures for granting immigrant status; (4) general classes of deportable aliens; (5) status adjustment of nonimmigrant to that of person admitted for permanent residence; (6) removal proceedings; and (7) married persons and employees for certain nonprofit organizations. (Sec. 630) Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of their application. (Sec. 631) Amends the Privacy Act of 1974 to permit Federal agency disclosure of records to the spouse or child of a naturalized citizen or lawful permanent resident who requests information from the Immigration and Naturalization Service regarding the immigration status of their spouse or parent, or who needs to obtain documentation for an immigration case or domestic violence-related judicial procedure. Excludes from such disclosure the records of victims of battering or extreme cruelty by a spouse or parent. (Sec. 632) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980, the Social Security Act, and the United States Housing Act of 1937, to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 633) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 634) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. (Sec. 635) Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments with respect to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including one operating within the boundaries of an Indian reservation, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits an employer from taking any adverse job action against an employee based upon such employee's status, experience, or condition as a victim of crime, even if the crime alleged does not result in criminal prosecution or conviction. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code of 1986 to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 and the provisions concerning Federal employees to establish an entitlement for leave resulting from certain domestic violence situations. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII: Educational Institutions and Violence Against Women - Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus - Amends the Act to authorize Department of Education grants to institutions of higher education for campus personnel and student organizations, and nonprofit, nongovernmental victim services programs to provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, investigation, and adjudication of persons committing violent crimes against women on campus. (Sec. 801) Authorizes the Secretary of Education to request any Federal agency to use its authorities and resources in support of campus security, investigation, and victim services efforts. (Sec. 802) Directs the Secretary to provide for, and report to the Congress on, a national baseline study of university campus procedures when receiving a sexual assault report. Subtitle B: Student Safety - Student Safety Act - Amends the Higher Education Act of 1965 to: (1) revise guidelines governing crime logs and annual statistics of criminal offenses on campus; (2) exclude from educational records open to parental review specified records of campus disciplinary proceedings or criminal activity; and (3) modify eligibility criteria for Federal student financial aid services to require institution certification of comprehensive and accurate crime statistics. (Sec. 815) Requires the Attorney General and the Secretary of Education to publish annually and transmit to certain congressional committees and the general public a report identifying model programs for improving campus safety. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle D: Campus Hate Crimes Right to Know - Campus Hate Crimes Right To Know Act - Amends the Higher Education Act of 1965 to mandate the separate collection and categorization of on-campus criminal offenses statistics that manifest prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability. Title IX: Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into service provision. Authorizes appropriations.
United States · United States Congress · 19 March 1998
Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently $5.15 per hour) to: (1) $5.65 an hour during the year 1999; and (2) $6.15 an hour during the year 2000.
United States · United States Congress · 18 March 1998
Information Technology Partnership Act - Requires the Director of the National Science Foundation (NSF), subject to appropriations, to carry out a demonstration project under which grants are awarded to five eligible local educational agencies (LEAs) for: (1) developing information technology programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing teacher training in such fields. Makes eligible for grants LEAs that: (1) are located in cities that have received an award from the NSF under the Urban Systemic Initiative program; (2) have provided assurances that they have executed conditional agreements with representatives of the private sector to provide services and scholarship funds; and (3) agree to enter into an agreement with the Director to comply with this Act. Sets forth application requirements. Requires the Director to give special priority for grants to LEAs that demonstrate the greatest ability to obtain commitments from the private sector for services and funds. Requires the Director to: (1) assess the effectiveness of activities under this Act; and (2) initiate a longitudinal study of students selected for scholarships and report findings to the Congress. Authorizes appropriations. Limits the maximum grant awarded to an LEA.
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
TABLE OF CONTENTS: Title I: International Monetary Fund Title II: New Arrangements to Borrow Title III: Policy Provisions Title IV: Reports to Congress International Monetary Fund Reform and Authorization Act of 1998 - Title I: International Monetary Fund - Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Title II: New Arrangements to Borrow - Sets forth conforming amendments for Federal participation in new arrangements to borrow. Title III: Policy Provisions - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to advocate specified policies whose goal, among other things, is to: (1) make the IMF a more effective mechanism for implementation of specified international banking and trade principles; (2) assist the IMF to avoid becoming a lender of last resort for private investors and commercial banks; (3) structure IMF programs and assistance so that recipient governments commit to specified internationally recognized worker rights; (4) structure IMF programs and assistance so as not to exacerbate or precipitate ethnic strife within a recipient country; (5) work with the IMF to adopt appropriate environmental policies supporting macroeconomic stability; and (6) facilitate IMF transparency and accountability. Directs the Secretary to coordinate with other Executive Departments in order to achieve realization of such policies. Conditions Federal funding for the IMF upon establishment of an IMF Advisory Committee within the Department of the Treasury to review individual IMF country programs and advise the Secretary on the extent to which such programs address the policies advocated under this Act. Mandates that each Committee meeting be chaired by the Secretary or the Secretary's designee. Title IV: Reports to Congress - Instructs the Secretary to report semi-annually to the Congress on the status of IMF programs linked to official Federal financing, addressing specified questions.
United States · United States Congress · 26 February 1998
Expresses the sense of the Congress that the United States should not take military action against Iraq unless that action is specifically authorized by a law enacted after the date of the adoption of this resolution.
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
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 · 12 February 1998
Allows a veteran claiming to be entitled to employment or reemployment rights with a State or private employer to request the Secretary of Labor to refer such claim to the Attorney General (current law) in the case of an unsuccessful effort to resolve such claim through the Secretary. Empowers U.S. district courts to hear cases commenced against a State or private employer by the Attorney General on behalf of such veterans, or against a private employer by a person. Requires direct payment to the veteran of any claim compensation which is considered lost wages or benefits or liquidated damages. Includes within the definition of "employee," for purposes of employment and reemployment rights, any person who is a citizen, national, or permanent resident alien of the United States employed in a foreign workplace by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States. Provides that if a U.S. employer controls a foreign entity, then any denial of employment, reemployment, or benefits by such foreign entity shall be presumed to be by such employer. Provides an exception when employer compliance would violate the law of the foreign country in which the workplace is located. Authorizes a veteran claiming employment or reemployment rights to request the Secretary to refer such complaint to the Merit Systems Protection Board (current law), without regard as to whether such complaint accrued before, on, or after October 13, 1994 (the effective date of such provision).
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.
![Official portrait of Rep. Waters, Maxine [D-CA-43]](https://www.congress.gov/img/member/w000187_200.jpg)