United States · United States Congress · 29 July 1998
Bank Investment in Subsurface Rights Act - Amends the Revised Statutes of the United States governing the national banks to cite circumstances under which a national bank may hold, passively, subsurface real estate rights. Authorizes the Comptroller of the Currency to order a national bank to divest itself of such rights if the Comptroller determines that continued ownership is detrimental to its interests.
United States · United States Congress · 24 July 1998
Transportation Tax Equity and Fairness Act - Amends the Internal Revenue Code to repeal the special fuel excise tax on railroads and inland waterway transportation. Subjects diesel fuel used in trains to the additional tax for the Leaking Underground Storage Tank Trust Fund.
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 · 22 July 1998
Amends specified Federal law to provide for the appointment of the Comptroller General and the Deputy Comptroller General by a commission of Members of Congress. (Currently, they are appointed by the President, by and with the advice and consent of the Senate.)
United States · United States Congress · 21 July 1998
Justice for Victims of Terrorism Act of 1998 - Amends the Federal judicial code to subject property of foreign states located in the United States to attachment or execution on a judgment in cases where money damages are sought against the foreign state for personal injury or death or economic harm caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources to terrorists.
United States · United States Congress · 17 July 1998
Emergency Farm Financial Relief Act - Amends the Agricultural Market Transition Act to provide that FY 1999 production flexibility contract payments shall be paid at such time or times as the owner or producer so requests as long as payment is completed by such fiscal year's end.
United States · United States Congress · 16 July 1998
Migratory Bird Hunting and Conservation Stamp Promotion Act - Amends the Migratory Bird Hunting Stamp Act to authorize the Secretary of the Interior to utilize funds from the sale of migratory-bird hunting and conservation stamps, not to exceed $1 million in each FY from 1999 through 2003, for the promotion of additional sales of those stamps, in accordance with a Migratory Bird Conservation Commission- approved annual marketing plan. Requires the Secretary to include in each annual report of the Commission under the Migratory Bird Conservation Act a description of activities conducted under this Act in the year covered by the report.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: General Management Improvements Title II: Improving Federal Debt Collection Practices Title III: Sale of Debts Owed to United States Title IV: Treatment of High Value Debts Title V: Federal Payments Title VI: Federal Benefit Verification and Integrity Tests Subtitle A: Notification of Federal Benefit Recipients Regarding Data Verification Subtitle B: Federal Benefit Program Management Improvement Tests Government Waste, Fraud, and Error Reduction Act of 1998 - Title I: General Management Improvements - Amends requirements regarding certain Federal agencies' (executive departments as well as the Environmental Protection Agency and the National Aeronautics and Space Administration) audited financial statements, including to: (1) extend the deadline for the preparation and submission of the first of such statements; and (2) provide for submission of such statements to the Congress and the Director of the Office of Management and Budget (Director). (Currently, such statements are to be submitted to the Director.) Allows the head of an executive agency, subject to an agreement between the agency head and the applicable financial institution, to accept an electronic payment to satisfy a debt owed to the agency. (Sec. 102) Directs the Administrator of General Services to ensure that employees of executive agencies are not inappropriately charged State and local taxes on travel expenses. Requires the Administrator to report to the Congress on the steps taken and proposed to be taken to carry out such requirement. Excludes lodging provided under Federal travel and subsistence expense provisions from an exception which prohibits agency heads from requiring employees or members of the uniformed services to occupy quarters on a rental basis. Directs each head of an executive agency to require, with respect to travel by agency employees in the performance of their duties, the use by such employees of travel management centers, authorized travel agents and electronic reservation and payment systems for the purpose of improving efficiency and economy regarding travel by agency employees. Requires the Administrator to develop a plan regarding implementation of this requirement and to report to the Congress on such plan and the means by which such agency heads plan to ensure that employees use travel management centers, travel agents, and electronic reservation and payment systems. Title II: Improving Federal Debt Collection Practices - Makes technical amendments to financial management provisions relating to claims of the U.S. Government, including those that permit a State to collect by administrative offset certain payments under the Social Security Act, Black Lung Benefits Act, or railroad retirement laws for past due child support being enforced by a State. Prohibits the amounts received by a person for performing certain collection services for the Federal Government from being limited by State law. Sets forth provisions relating to the collection by private collection contractors of any debt owed to the United States, including to prohibit a private collection contractor, in attempting to collect any such debt, from being precluded from verifying the debtor's current employer, the location of the payroll office of the debtor's employer, the period the debtor has been employed by the current employer, and the compensation received by the debtor from such employer. Requires collection contracts to include conditions under which contractors are: (1) subject to penalties for failures to comply with applicable law or unreasonable or abusive collection practices; or (2) absolved from liability for damages or attorney's fees in certain cases. (Sec. 202) Bars certain delinquent Federal debtors from being eligible for the award or renewal of any: (1) Federal financial assistance in the form of a loan (other than a disaster loan), loan insurance, or guarantee; or (2) Federal permit or license. (Sec. 203) Authorizes the Secretary of the Treasury, at a State's request, to refer a child support debt or claim administered by the State to a private collection contractor. Prohibits an executive, judicial, or legislative agency head from terminating collection action on a debt unless it has been referred to a private collection contractor or a debt collection center for a period to be determined by the Secretary. Permits the Secretary, at an agency's request, to waive the application of such requirement with respect to any debt, or class of debts, if the waiver is in the best interest of the United States. Title III: Sale of Debts Owed to United States - Allows an executive, judicial, or legislative agency head to sell, using competitive procedures, any nontax debt owed to the United States that is administered by the agency. Specifies that such sales: (1) shall be for cash or cash and a residuary equity, joint venture, or profit participation, if the proceeds will be greater than the proceeds from a sale solely for cash; (2) shall be without recourse against the United States, but may include the use of guarantees if authorized by law; and (3) shall transfer to the purchaser all U.S. rights to demand payment of the debt, other than with respect to a residuary equity, joint venture, or profit participation. (Sec. 302) Sets forth requirements for the sale of certain: (1) delinquent nontax debts; (2) loans; and (3) nontax debts or class of debts after termination of collection action. Title IV: Treatment of High Value Nontax Debts - Requires each agency head that administers a program that gives rise to a delinquent high value nontax debt (a nontax debt having an outstanding value that exceeds $1 million) to submit an annual report to the Congress that lists each such debt. (Sec. 402) Bars delinquent Federal debtors having an outstanding high value nontax debt with any Federal agency from obtaining any Federal financial assistance in the form of a loan (other than a disaster loan) or loan insurance or guarantee. Permits such a Federal debtor to obtain additional loans or loan guarantees only after such delinquency is resolved. (Sec. 403) Directs the Inspector General of each agency to: (1) report to the Congress and the agency head on each compromise, default, or final resolution in bankruptcy of a high value nontax debt arising out of the activities of, or referred to, the agency; and (2) rate the performance of the agency head in seeking to collect the debt, and recommend any changes in the agency's debt collection practices to reduce the aggregate amount of high value nontax debts that are resolved finally by compromise, default, or bankruptcy to less than one percent of the aggregate amount of all high value nontax debts. (Sec. 404) Requires an agency head authorized to collect a delinquent high value nontax debt to promptly seek seizure and forfeiture of assets pledged to the United States in any transaction giving rise to the nontax debt. Title V: Federal Payments - Transfers from the Director to the Secretary responsibility for the prompt payment of proper invoices by Federal agencies. (Sec. 502) Includes within requirements of the Secretary's regulations regarding Federal payments that: (1) a required payment date may be waived to provide for early payment in cases where an agency will implement an electronic payment technology which improves agency cash management and business practice; and (2) a vendor is required to pay interest to the United States on unearned amounts in its possession. Title VI: Federal Benefit Verification and Integrity Tests - Federal Benefit Verification and Integrity Act - Subtitle A: Notification of Federal Benefit Recipients Regarding Data Verification - Requires an agency that administers a Federal benefit payment program to provide notice informing applicants, in information material and instructions accompanying program application forms, that their data may be verified. Permits an agency to comply with the preceding requirement by modifying program materials and applications to include such notice as part of their normal reissuance cycle for reprinting forms, but in no case later than December 31, 2000. Requires the head of each such agency to maintain a record of each applicant's acknowledgement that he or she has received notice of the uses and disclosures to be made of his or her information, for as long as he or she receives benefits from or owes a debt to the Government under the program. Subtitle B: Federal Benefit Program Management Improvement Tests - Permits a Federal agency that administers a Federal benefit program to conduct a test of information technology practices or techniques for improving income verification, debt collection, data privacy and integrity protection, and identification authentication in the administration of the program, in accordance with a proposal approved by a Federal Benefit Verification and Payment Integrity Board. Requires the Director and the Chief Information Officers' Council to each recommend to the Board various information technology practices and techniques that should be tested. Permits the head of an agency to develop and submit to the Board a proposal for carrying out a test for a specific Federal benefit program administered by the agency. Specifies that the proposal contain specific goals, including a schedule, for improving customer service and error reduction in the program and other information requested by the Board. Requires such proposal to provide for the testing of information sharing in an integrated manner where feasible of electronic practices and techniques for improving Federal benefit program management. Requires any agency whose proposals would require access to another agency's database to consult with that agency prior to submission of the proposal to the Board. States that a proposal submitted to the Board: (1) must contain a description of administrative, technical, and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; (2) include, in particular, prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient entity, except where required by law or essential to the conduct of the test; and (3) include an estimate for reimbursement that may be charged by a Federal agency to another agency in conducting tests under the proposal. Requires the Board to review and recommend disposition of the proposal to the heads of the data sharing agencies under the proposal. Permits the head of an agency participating in a test to enter into a cooperative agreement with a State or contract with a private entity under which the State or such entity may provide services on behalf of the Federal agency in carrying out the test. Requires the Board to: (1) prepare a plan for implementation, including for the coordination of the conduct of tests and the procedures for submission of proposals for those tests; and (2) submit annually to the Congress a report on the tests conducted. Permits the Board to request a Federal agency head that administers a Federal benefit program to conduct a test, including the submission of a proposal for such a test and provides for the agency head to respond within 30 days by approving or disapproving such a request of the Board. (Sec. 622) Allows the Secretary of Health and Human Services (HHS) to disclose information to another Federal agency from the National Directory of New Hires based on matches conducted by HHS for purposes of conducting a test under this Act. Authorizes an agency head to whom information is disclosed to: (1) disclose the information to another Federal agency for use by the agency only as specified under a test proposal under this Act; and (2) disclose such information to a State agency administering a federally funded benefit program, a public housing authority, or a guaranty agency (as defined in the Higher Education Act of 1965) only for the purpose of conducting the test. Disallows an entity that receives information for use in a test under this Act that it was not otherwise authorized by law to obtain from redisclosing the information or using it for any other purpose. (Sec. 623) Amends the Privacy Act of 1974 to: (1) increase certain criminal penalties under such Act; and (2) permit a court, in a civil suit in which it determines that an agency acted in a manner that was willful and intentional, to award punitive damages in addition to damages and costs required under current law. (Sec. 624) Establishes the Federal Benefit Verification and Payment Integrity Board. Provides for the Board to periodically report to the Director regarding its activities. (Sec. 625) Requires, if the Board determines that any information technology practice, technique, or information sharing initiative tested was successfully demonstrated in the test and should be implemented in the administration of a Federal benefit program, to: (1) recommend regulations or legislation to implement that practice, technique, or initiative, if that implementation is not prohibited under another law; or (2) include in its annual report to the Congress recommendations for such legislation as may be necessary to authorize that implementation.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
Federal Procurement System Performance Measurement and Acquisition Workforce Training Act of 1998 - Amends the Office of Federal Procurement Policy Act to direct the Administrator of the Office of Federal Procurement Policy to establish a system for measuring the performance and effectiveness of the Federal procurement system and each of its elements. Requires the performance standards to be structured: (1) to enable the Congress, the Office of Federal Procurement Policy, and the heads of executive agencies to track progress of achievement of acquisition reform objectives on a Government-wide basis and to gauge the effectiveness of the procurement system in supporting the accomplishment of the mission of such agencies; and (2) to benchmark the performance of such agencies against the performance of private and public sector procurement operations. States that the objective of procurement performance measurement system shall be to use the performance data to improve executive agency acquisition practices and policies in order to enhance support for the accomplishment of the mission of such agencies. Directs the head of each executive agency for which more than half of the funds appropriated are expended for procurement, to include, as a part of the agency's annual performance plan, a specified assessment of the performance of its procurement system in terms of its efficiency and effectiveness in supporting the agency in accomplishing its mission. (Sec. 3) Revises mandatory training and education requirements for the acquisition workforce of executive agencies to require each executive agency head to establish for each career path requirements for initial and continuing education. Provides for such requirements to include, at a minimum, the core curriculum, continuing education programs, and policy implementation training required by the Federal Acquisition Regulation (FAR). Includes in the acquisition workforce: (1) program managers with significant acquisition responsibilities; (2) contracting officers and contracting officer representatives with authority to award or administer contracts for amounts above the micro-purchase threshold; and (3) other Federal employees who are assigned significant acquisition roles and responsibilities. Sets forth training and education qualifications to be required for contracting officers with authority to award or administer contracts for amounts: (1) below the micro-purchase threshold; and (2) above such threshold. Permits an agency head to waive such requirements for employees with significant potential for advancement. Revises provisions relating to qualifications required for contracting officers of the Department of Defense to set forth training and education requirements for officers with authority over contracts for amounts: (1) below the simplified acquisition threshold; and (2) above such threshold. Directs the Secretary of Defense to require employees in the G-1102 occupational series to meet any additional qualification requirements established by the Administrator for senior contracting positions in such series. Applies the exception to the educational requirements for service in the Acquisition Corps of a military department to any employee who passes a specified examination (currently, specified service is required). Permits agency heads to determine that certain Federal acquisition positions are "shortage category" positions in order to recruit and directly hire employees, including preference eligible, with unusually high qualifications. Requires the Director of the Office of Management and Budget (OMB) to authorize the rapid promotion of Federal acquisition personnel (including personnel in the Department of Defense) who satisfactorily complete programs of training and education required by FAR for positions at higher General Schedule grade levels in their respective fields and who meet or exceed standards for satisfactory performance. Permits agency heads to provide any such personnel with a maximum of two promotions during any 52-week period. (Sec. 4) Requires the Administrator to establish requirements for acquisition professionals to obtain and maintain certification by a relevant professional association or organization or other entities as authorized in FAR. Requires Federal Acquisition Regulatory Council members to review, approve, and promulgate in FAR certification requirements core curricula, continuing education programs, and policy implementation training recommended by the Director of the Federal Acquisition Institute to ensure that instructional materials provided for the Federal acquisition workforce accurately incorporate the provisions and intent of FAR and are effective in providing the skills and knowledge necessary to competently implement those provisions and enable the workforce to obtain the best value in awarding and administering Federal contracts. Requires the Administrator, with respect to providing for and directing the Institute's activities, to: (1) provide fellowships and grants for researching acquisition issues; (2) develop and recommend core curricula, continuing education programs, and policy implementation training, and other instructional materials for acquisition personnel in coordination with private and public sector acquisition colleges and training facilities and integrate those instructional materials with electronic performance support systems for just-in-time delivery of initial and continuing education in critical duties and tasks; and (3) enter into partnerships with private and public sector employers of acquisition personnel and with nonprofit professional associations in developing and maintaining valid and reliable professional certification programs for acquisition disciplines. (Sec. 5) Revises the requirement regarding the funding levels for acquisition workforce training and education to require each executive agency head to be responsible for ensuring that adequate funding is included in the agency's budget requests and for ensuring any funds provided for the education and training of the acquisition workforce are expended for such purposes. Requires the agency head, in requesting funding as a part of the agency's budget request, to take into consideration the results of the assessment of the performance of the agency's procurement system in terms of its efficiency and effectiveness in supporting the agency in accomplishing its mission. Requires the Administrator to: (1) review agency budget requests to assess and make recommendations regarding the adequacy of funding levels for the education and training of the acquisition workforce; (2) include sufficient funds in the budget recommended for the Institute for instructional material, policy implementation training, and technology-based learning tools and support systems; (3) prepare a report for inclusion with the President's budget on the adequacy of amounts requested by agencies for acquisition work. Authorizes an agency head to pay membership and certification and testing fees for employees to organizations to further acquisition professionalism. (Sec. 6) Directs the Comptroller General: (1) to conduct an independent evaluation of the actions taken by executive agencies to carry out the requirements relating to the acquisition workforce; and (2) on or before February 10, 2000, to report on the evaluation to the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs. (Sec. 7) Authorizes the transfer of limited funds appropriated for FY 1993 or thereafter to an account of OMB, following notice to the House and Senate Appropriations Committees, for use by the Administrator for administering Government-wide acquisition workforce training activities and related purposes.
United States · United States Congress · 16 July 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a policy of the supervising Member regarding the illegal use of controlled substance; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to publicly disclose the identity of any Member who refuses to provide a sample for testing under the program and to take such other action as it considers appropriate against such a Member. Bars an individual who is an officer or employee of the House as of August 1, 1998, from continuing to serve after the expiration of the 180-day period which begins on the adoption of this resolution unless during such period the individual executes a witnessed statement agreeing to participate in random employee drug testing. Prohibits an individual who is first given an offer of employment by the House on or after August 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 15 July 1998
Provides that Executive Order 13083, relating to the constitutional division of governmental responsibilities between the Federal Government and the States and the application of federalism principles to Federal agency actions, shall have no force or effect.
United States · United States Congress · 15 July 1998
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to allow a Medicare+Choice organization to elect to exclude abortion services from the services it is otherwise required to provide as basic benefits.
United States · United States Congress · 14 July 1998
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
United States · United States Congress · 14 July 1998
State Sovereignty Act of 1998 - Directs the head of each Federal agency to ensure that each agency activity is carried out in accordance with all the provisions of Executive Order 12612 (as in effect of October 26, 1987). Provides that Executive Order 13083, issued May 14,1998, shall have no force or effect.
United States · United States Congress · 14 July 1998
Drug Dealer Liability Act of 1998 - Amends the Controlled Substances Act to provide that any person who manufactures or distributes a controlled substance shall be liable in a civil action to any party harmed, directly or indirectly, by the use of that substance. Prohibits an individual user of a controlled substance from bringing or maintaining such an action unless the individual: (1) personally discloses to narcotic enforcement authorities all of the information known to that individual regarding all his or her sources of illegal controlled substances; (2) has not used an illegal controlled substance within 30 days before filing the action; and (3) continues to remain free of the use of an illegal controlled substance throughout the pendency of the action.
United States · United States Congress · 25 June 1998
Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone, knowingly and unlawfully, to: (1) obtain, possess, or transfer five or more means of identification; or (2) use one or more means of identification. Defines "means of identification" as any name or number that may be used to assume the identity of another. Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides for mandatory restitution for identity fraud victims which may include payment for any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors. Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaints to the appropriate entities, including national consumer reporting agencies and law enforcement agencies.
United States · United States Congress · 25 June 1998
Amends the Public Health Service Act to waive Federal sanctions for a State that does not comply with certain block grant requirements for alcohol, drug abuse, and mental health services, if the State satisfactorily demonstrates that it has enacted for minors who purchase or possess tobacco products for personal consumption drivers'-license-related sanctions which: (1) delay by at least two months the minimum qualifying age to obtain such a license; and (2) suspend driving privileges for a period of at least two months for a minor with such a license.
United States · United States Congress · 19 June 1998
Taxpayer's Defense Act - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code. Outlines introduction, referral, and consideration procedures for approval of the bill.
United States · United States Congress · 17 June 1998
Tax Dollars Accountability Act - Requires the Director of the Office of Management and Budget to: (1) reserve from obligation and expenditure five percent of the discretionary appropriations for a fiscal year for an agency (or component thereof) that does not receive an unqualified opinion on its annual financial statements for the previous fiscal year as part of the agency audit; and (2) make available to such agency the amounts reserved upon the receipt of an unqualified opinion. Requires the Director and the head of an agency, for each audit that does not result in an unqualified or qualified opinion on the agency's financial statements, to jointly submit to the Appropriations Committees, the House Committee on Government Reform and Oversight, and the Senate Committee on Governmental Affairs a statement that identifies the agency's officers and employees responsible for: (1) financial management; and (2) the preparation and production of the financial statements. Requires the President (in the case of an officer appointed by the President) or agency head (in the case of any other officer or employee) to remove from office or employment each officer or employee identified for two consecutive years in such a statement. Extends from 1997 to 1999 the deadline for the submission of the first of such annual financial statements. Requires the submission of such statements to the Congress (currently, they are submitted only to the Director).
United States · United States Congress · 17 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 16 June 1998
E-Rate Tax Moratorium Act of 1998 - Directs the Federal Communications Commission (FCC) to suspend specified requirements under the Communications Act of 1934 (CA) for telecommunications carriers to contribute to support mechanisms to provide Internet services to schools, libraries, and certain health care providers. Prohibits any telecommunications carrier from including any charges for such contributions in any telephone service bill transmitted after 60 days after this Act's enactment. Prohibits requiring any telecommunications carrier to provide discounted rates for telecommunications services pursuant to such CA requirements, except to the extent such carrier is reimbursed from collections permitted to be distributed under this Act. Authorizes the FCC, or an FCC-designated administering entity, to distribute amounts collected before this Act's enactment (or collected as charges for contributions during the authorized period), to provide such Internet services to schools, libraries, and health care providers under CA and FCC regulations in effect before this Act's enactment.
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
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize not less than ten percent of the total amount made available to a State for residential substance abuse treatment for State prisoners to be used for grants to local correctional facilities in the State to assist jail-based substance abuse treatment programs. Limits the Federal share to 75 percent of the total program cost. Sets forth provisions regarding application requirements, review, and approval. Grants preference to applications that provide for certain aftercare services and periodic substance abuse testing. Requires States making grants to implement a statewide communications network with the capacity to track participants. Sets forth reporting and performance review requirements.
United States · United States Congress · 11 June 1998
Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina.
United States · United States Congress · 11 June 1998
Expresses the sense of the House of Representatives that the United States should: (1) provide assistance to Mexico, including disaster relief assistance, to extinguish the wildfires currently burning in Mexico and Central America; and (2) initiate negotiations with Mexico at the earliest possible date in order to come to a mutually beneficial agreement addressing the concerns of both countries in suppressing fires occurring along the border between the two countries.
United States · United States Congress · 9 June 1998
Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 4 June 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a drug abuse prevention policy of the supervising Member; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to take appropriate action against any Member who refuses to provide a sample for testing under the program. Prohibits an individual who is first given an offer of employment by the House on or after June 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired and agreeing to waive legal rights of challenge; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 22 May 1998
No Gun Tax Act of 1998 - Amends the Federal judicial code to prohibit a Federal officer, employee, or agent, including a State or local employee or officer acting on behalf of the United States (officer), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit and set penalties for the unlawful retention, or transfer to another person, of firearms background check information by such officer or by a Federal contractor or consultant after: (1) the 24-hour period beginning with the receipt of such information on an individual who is determined not to be prohibited from receiving a firearm; and (2) the five-year period beginning with the receipt of such information on an individual who is prohibited from receiving a firearm.
United States · United States Congress · 22 May 1998
Consumer's Choice Protection Act of 1998 - Declares the purposes of this Act, including to make it clear that firearms imports may not be subject to discriminatory treatment, and that citizens should retain the choice to own and use such firearms for all lawful purposes, including hunting, self-defense, collecting, competitive shooting, or plinking. Amends the Federal criminal code with respect to mandatory authorization of the importation or bringing into the United States of certain firearms or ammunition. Requires the Secretary of the Treasury to authorize importation of any such weapon or ammunition within 30 days after receiving the application for an import permit. Excludes from such importation mandate any firearm subject to the ban on semiautomatic assault weapons. Requires the Secretary also to authorize within 30 days of receiving an application the conditional importation or bringing in of any weapon or ammunition for examination and testing to determine whether regular importation or bringing in shall be allowed.
United States · United States Congress · 21 May 1998
Better IDEA Act - Repeals the Goals 2000: Educate America Act. Amends the Elementary and Secondary Education Act of 1965 to reduce amounts authorized to be appropriated in FY 1999 for: (1) the title II Dwight D. Eisenhower Professional Development Program; and (2) the title X part A Fund for the Improvement of Education. Provides that the General Education Provisions Act shall not apply to extend the authority of such funding for such Program and Fund. Directs the Secretary of Education to make available for programs under part B of the Individuals with Disabilities Education Act any funds that are not expended or obligated as a result of this Act.
United States · United States Congress · 21 May 1998
States that in the case of a taxable year beginning before January 1, 1980, the determination of whether a tax deduction as a trade or business expense is allowable under the Internal Revenue Code for flight training expenses shall be made without regard to whether the taxpayer was reimbursed for any portion of such expenses through certain veterans educational assistance programs. Sets forth statute of limitations provisions.
United States · United States Congress · 21 May 1998
Expresses the sense of the House of Representatives that: (1) the first Government-wide financial audit demonstrated gross mismanagement by Federal agencies; (2) current reform and reinvention efforts with respect to agency financial management have failed; and (3) Congress must impose consequences on agencies that fail their annual financial audits and conduct more vigorous oversight to ensure that agencies do not waste tax dollars.
United States · United States Congress · 20 May 1998
Federal Financial Assistance Management Improvement Act of 1998 - Directs the Director of the Office of Management and Budget, in consultation with Federal agency heads, to coordinate and assist Federal agencies in establishing: (1) a uniform Federal financial assistance application or set of such uniform applications; (2) ways to streamline Federal financial assistance administrative procedures and reporting requirements for grantees; (3) a uniform Federal financial assistance system; (4) an electronic application and reporting process; (5) use of common rules; (6) improved interagency and intergovernmental coordination of information collection and sharing of data, including the development of a release form to be used by grantees; (7) a process to strengthen the information resources management capacity of State and local governments and qualified organizations; and (8) specific annual goals and objectives to further the purposes of this Act. Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. Requires the Director to: (1) review agency plans and reports developed under this Act for adequacy; (2) monitor each agency's annual performance toward achieving the goals and objectives stated in the agency's plan; (3) ensure that each agency plan does not diminish standards to measure performance and accountability of financial assistance programs; and (4) report to the Congress on implementation of this Act. Exempts any Federal agency from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director, not later than November 1 of each fiscal year, to submit to the Senate Committee on Governmental Affairs and the House Committee on Government Reform and Oversight: (1) a list of each agency exempted in the preceding fiscal year; and (2) an explanation for each such exemption. Directs the Director to issue guidance on implementation of the requirements of this Act, including a statement on the common rules that he or she intends to review and standardize under this Act. Sets specifications for the development and implementation of plans by Federal agencies, including for each agency to designate a lead agency official for carrying out the agency's responsibilities under this Act. Requires the lead official to consult regularly with representatives of State and local governments and qualified organizations during development of the plan. Requires each Federal agency to submit the plan to the Director and the Congress and report annually thereafter on the implementation of the plan and the agency's performance in meeting the goals and objectives specified under this Act. Directs the Director or the lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Terminates this Act five years after enactment.
United States · United States Congress · 20 May 1998
Senior Citizens' Freedom to Work Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 20 May 1998
Save Our Children Act of 1998 - Directs the U.S. Sentencing Commission to amend or promulgate sentencing guidelines to provide that certain drug offenses committed in the presence of a child receive a penalty enhancement of the greater of: (1) two offense levels or one year, for the first such offense; or (2) four offense levels or two years, for the second such offense.
United States · United States Congress · 19 May 1998
Speed Trafficking Life in Prison Act of 1998 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties (to correspond to amounts triggering penalties for trafficking in crack cocaine).
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 13 May 1998
Congressional Truth and Accountability Act of 1998 - Amends the Federal criminal code to require a U.S. district court, before issuing an order requiring any individual to provide, at a proceeding before or ancillary to a congressional committee, any testimony or other information which he or she refuses to provide on the basis of his or her privilege against self-incrimination, to find that the request for such order has been approved by affirmative vote of a majority (currently, two-thirds) of the members of the full committee.
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 5 May 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 30 April 1998
Child Online Protection Act - Amends the Communications Act of 1934 to require anyone who, in interstate or foreign commerce, is engaged in the business of selling or transferring, by means of the World Wide Web, material that is harmful to minors to restrict access to such materials by persons under 17 years of age. Provides civil and criminal penalties for violations of such requirement, as well as an affirmative defense. Directs the Federal Communications Commission to post on its Internet website a definition of material that is harmful to minors.
United States · United States Congress · 30 April 1998
Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund (IMF) to present to the IMF's Executive Board, and work for the adoption of, a proposal to amend the IMF's bylaws to disallow it from issuing a tax allowance to the Governors, the Executive Directors, their alternates, the Managing Director, or any other IMF employee.
United States · United States Congress · 30 April 1998
Federal Employee Right to Know Payroll Act - Requires each Federal agency, after December 31, 1998, to include on each paycheck to an employee, information on: (1) the total amount of excise tax imposed with respect to the employee, during the period covered by the paycheck, on the agency for Old-Age, Survivors and Disability Insurance (FICA tax) and for Hospital Insurance (Medicare tax); and (2) the agency's estimated total payroll allocation for the employee for the period.
United States · United States Congress · 30 April 1998
Right-To-Know National Payroll Act - Amends the Internal Revenue Code to require that W-2 forms show the employer's share of taxes for old age, survivors, and disability insurance and for employee hospital insurance, as well as the total amount of such taxes for the employee.
United States · United States Congress · 29 April 1998
Stalking Prevention and Victim Protection of 1998 - Rewrites stalking provisions of the Federal criminal code. Prohibits and sets penalties for stalking an individual, in or affecting interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or within Indian country. Provides that a person stalks an individual if the person, on two or more occasions: (1) engages in any conduct that results in the individual's reasonable fear of death or bodily injury to that individual or to a member of that individual's immediate family; and (2) knows or has reasonable cause to believe that such conduct results in that fear. Directs the court, at the time of sentencing for such offense, to issue an appropriate protection order designed to protect the victim from further stalking by the convicted person, which shall continue in effect until the victim communicates to the court that the order is no longer needed. Requires the judicial officer, where a stalking violation is charged and the person has a prior conviction for a crime of violence under Federal or State law, to order the detention of the person before trial, if that conviction was for an offense against the same victim as in the current charge or a member of that victim's family, or if that conviction became final less than five years before the conduct constituting the alleged stalking violation took place. Directs the United States Sentencing Commission to amend the sentencing guidelines to provide an appropriate sentence enhancement for a defendant convicted of stalking where the defendant has a prior conviction under Federal or State law of a crime of violence against the same victim as in the current offense or against a member of that victim's family.
United States · United States Congress · 28 April 1998
Marriage Tax Penalty Elimination Act of 1998 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
![Official portrait of Rep. Sessions, Pete [R-TX-17]](https://www.congress.gov/img/member/115_rp_tx_32_sessions_pete_200.jpg)